Sunday, December 21, 2014

(Notes & Audio) Tafsir surah Al Ahzaab - Part 7 - Marriage Of The Prophet (Saw) To Zaynab Bint Jahsh (Ra)


Tafsir surah Al Ahzaab - Part 7 - Marriage Of The Prophet (Saw) To Zaynab Bint Jahsh (Ra)
By Shaikh Abdullah Faisal
Wednesday 17th December 2014 



Download: https://archive.org/details/TafsirSurahAhzabMarriageOfTheProphetSawToZaynabBintJahshRa


NOTES TYPED LIVE BY AT19
EDITED AND FORMATTED BY AT38


AYAH 36

It is not for a believer, man or woman, when Allah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allah and His Messenger, he has indeed strayed in a plain error. (Al-Ahzab 33:36)

Tonight’s dars consists of two stories
The first story is about Julaibib (ra)

Abu Barzah Al-Aslami said: "Julaybib was a man who used to enter upon women and joke with them. I said to my wife, ‘Do not let Julaybib enter upon you, for if he enters upon you I shall do such and such.' If any of the Ansar had a single female relative, they would not arrange a marriage for her until they found out whether the Prophet wanted to marry her or not. The Prophet said to one of the Ansar: (Give me your daughter for marriage). He said, ‘Yes, O Messenger of Allah, it would be an honor and a blessing.' He said, (I do not want her for myself). He said, ‘Then for whom, O Messenger of Allah?' He said, (For Julaybib). He said, ‘O Messenger of Allah, let me consult her mother.' So he went to the girl's mother and said, ‘The Messenger of Allah is proposing marriage for your daughter.' She said, ‘Yes, it would be a pleasure.' He said, ‘He is not proposing to marry her himself, he is proposing on behalf of Julaybib.' She said, ‘What! Julaybib No, by Allah, we will not marry her to him.' When he wanted to get up and go to the Messenger of Allah to tell him what the girl's mother had said, the girl asked, ‘Who is asking for my hand!' So her mother told her, and she said, ‘Are you refusing to follow the command of the Messenger of Allah? Follow his command, for I will not come to any harm.' So her father went to the Messenger of Allah and said, ‘Deal with her as you wish.' So he married her to Julaybib. Then the Messenger of Allah went out on one of his military campaigns, and after Allah had granted him victory, he said to his Companions, may Allah be pleased with them, (See whether there is anybody missing), They said, ‘We have lost so-and-so, and so-and-so.' He said, (See if there is anybody missing). They said, ‘No one.' He said: (But I see that Julaybib is missing). He said: (Go and look for him among the dead). So they looked for him, and found him beside seven of the enemy whom he had killed before he was himself killed. They said, ‘O Messenger of Allah, here he is, beside seven of the enemy whom he had killed before he was himself killed.' The Messenger of Allah came and stood beside him and said, He killed seven before he was himself killed. He belongs to me and I belong to him. He said this two or three times, then the Messenger of Allah carried him in his arms and held him while his grave was dug, then he placed him in his grave. It was not mentioned that he washed him, may Allah be pleased with him.'' Thabit, may Allah be pleased with him, said: "There was no widow among the Ansar who was more sought after for marriage than that girl.'' Ishaq bin Abdullah bin Abi Talhah asked Thabit, "Do you know how the Messenger of Allah prayed for that girl?''He told him: "He said, O Allah, pour blessings upon her and do not make her life hard." And this is how it was; there was no widow among the Ansar who was more sought after for marriage than her.'' [Musnad Ahmad (4/422) No. 19799]

Julaibib was a sahabi with a hunch back and some people thought he was ugly
But beauty is in the eyes of the beholder
The people used to say that they will marry their daughters to anyone but him
The rasul (saw) loved him a lot because he was a fierce fighter
He had physical (sexual) needs and the rasul (saw) took it upon himself
To find him a wife
Their marriage was successful
The refusal of the parents of the girl was the cause of the revelation of the verse 33:36
The story above is reason why this ayah was revealed
This is called causes of revelation

The angels washed him because he had intimacy (sexual intercourse) with his wife
Before he was killed on the battlefield
You don’t wash the suhadah but he was washed because he had janaba

LESSONS FROM THE STORY OF JULAYBIB

1. BEAUTY IS IN THE EYES OF THE BEHOLDER

You may think the person is ugly, but the spouse doesn't
You are not allowed to call Allah (swt)’s creation ugly
Some people call the monkey ugly because they compare the monkey to man
Arriving at the conclusion that the monkey is ugly
The monkey is not ugly in his community

2. TAQWA OVERRIDES EVERYTHING ELSE

The girl accepted his proposal based on his taqwa
He used to make people laugh
And was also known for his bravery on the battlefield
He was lion on the battlefield

3. GOOD LOOKS IS NOT EVERTHING

A man can be handsome and at the same time evil
What is important Taqwa not good looks
Many good looking men are homosexuals or have many girlfriends
People pay attention to good looks and money in the west
They are very shallow
The girl who accepted the proposal of Julaybib was not shallow
Having taqwa prevents you from being shallow
Without taqwa, you are very shallow
Kuffaar pay attention to nationality, wealth and good looks because they are shallow


4. SOMETIMES CHILDREN HAVE MORE TAQWA THAN THEIR PARENTS

The girl accepted Julaybib's proposal but the mother was against it
In the UK a report was done by the kuffar saying that
The Muslim children have more taqwa than their parents
The children make hijra to the dawla and the parents come on TV crying
And telling them to come back
They didn’t tell their parents because they are against hijrah


5. THE PROPHET (SAW) PAID ATTENTION TO THE AFFAIRS OF THE SAHABAH

He knew who was single, married, in need of a wife, sincere, brave etc...
This is called fiqh ul waqi

It was narrated from Abd-Allaah ibn Masood (RA) that the Prophet (SAW) said: "Whoever starts his day caring about something other than Allaah has nothing to do with Allaah, and whoever does not care about the Muslims is not one of them." [Narrated by al-Haakim in al-Mustadrak (4/356)]

The Prophet (saw) arranged marriages for his companions


6. THE PROPHET (SAW) LOVED JULAYBIB (RA)

The Prophet (saw) use to say Julaybib is of me and I am of Julaybib


7. THE WIDOW OF JULAYBIB WAS THE MOST SOUGHT AFTER GIRL FOR MARRIAGE AFTER HE PASSED

Her marriage to Jalaybib elevated her status in the society


8. THE PROPHET (SAW) MADE A DUA FOR HER AND ALLAH (SWT) ANSWERED IT

He made a dua for the wife of Julaybib
The dua was "Pour on her all goodness and don't make her life difficult"

The Ayah (33:36) also means that as Muslims we should surrender
To the decisions of the Prophet (saw) and
When you come into Islam, you should do so wholeheartedly

O you who believe! Enter perfectly in Islam (by obeying all the rules and regulations of the Islamic religion) and follow not the footsteps of Shaitan (Satan). Verily! He is to you a plain enemy (Al-Baqarah 2:208)


AYAH 37

And (remember) when you said to him (Zaid bin Harithah the freed­slave of the Prophet SAW) on whom Allah has bestowed Grace (by guiding him to Islam) and you (O Muhammad SAW too) have done favour (by manumitting him) "Keep your wife to yourself, and fear Allah." But you did hide in yourself (i.e. what Allah has already made known to you that He will give her to you in marriage) that which Allah will make manifest, you did fear the people (i.e., Muhammad SAW married the divorced wife of his manumitted slave) whereas Allah had a better right that you should fear Him. So when Zaid had accomplished his desire from her (i.e. divorced her), We gave her to you in marriage, so that (in future) there may be no difficulty to the believers in respect of (the marriage of) the wives of their adopted sons when the latter have no desire to keep them (i.e. they have divorced them). And Allah's Command must be fulfilled. (Al-Ahzab 33:37)

The Prophet (saw) had an adopted son called Zaid ibn Haritha
He was a slave of Khadija (ra)
When the Prophet married Khadijah, she gifted Zaid to him
And he later set him free and adopted him as his son
The Prophet (saw) used to treat him like his own son
So much so, that when his father came to him
Zaid preferred to stay as slave than to go with family as a free man
That was when he freed him and adopted him and hence he was called Zaid ibn Muhammad
Allah (swt) corrected the Prophet by telling him:

And put your trust in Allah, and Sufficient is Allah as a Wakil (Trustee, or Disposer of affairs). (Al-Ahzab 33:3)
Allah has not put for any man two hearts inside his body. Neither has He made your wives whom you declare to be like your mothers' backs, your real mothers. [Az­Zihar is the saying of a husband to his wife, "You are to me like the back of my mother" i.e. You are unlawful for me to approach.], nor has He made your adopted sons your real sons.
That is but your saying with your mouths. But Allah says the truth, and He guides to the (Right) Way. (Al-Ahzab 33:4)
Call them (adopted sons) by (the names of) their fathers, that is more just with Allah. But if you know not their father's (names, call them) your brothers in faith and Mawalikum (your freed slaves). And there is no sin on you if you make a mistake therein, except in regard to what your hearts deliberately intend. And Allah is Ever Oft­Forgiving,
Most Merciful. (Al-Ahzab 33:5)

Don't give your adopted children your surname
After Allah (swt) sent this verse, the Prophet began calling him Zaid ibn Haritha

The rasul (saw) loved him a lot
Aisha (ra) said in a hadith that if Zaid was alive he would have been the caliph
This was how much he loved Zaid (ra)

A'isha (RA) said: "The Messenger of Allah never sent Zayd bin Harithah on a campaign but he appointed him as its commander, and if he had lived after him he would have appointed him as his Khalifah.'' [Musnad Ahmad (6/281) No. 26453, al-Sunan al-Kubra al-Nasa'i (7/322) No. 8126, Mustadrak al-Haakim (3/238) No. 4953]

Muhammad took his cousin Zainab as his wife. Al-Tabari: Vol. 8, p 4 & Vol. 39 p 180

The marriage of Zainab bint Jahsh (ra) to Zaid was arranged by the Prophet (saw)
But her family wasn't keen on the marriage
Because she was a noble woman of Quraysh and he was a freed slave
The family went along with the marriage reluctantly
They thought she was marrying below her status
She was the first cousin of the Prophet (saw)
She was the daughter of his paternal aunt
The marriage lasted for one year
Cracks began to show in the marriage after that
Zaid came to the Prophet (saw) to complain about his wife
The Prophet told him to fear Allah and keep his wife
Zaid and Zaynab were not compatible
Although they had the same aqeeda
Because she wanted to marry the Prophet (saw)
Her attitude was ‘why should I marry Zaid when I could marry the Prophet?’
So Zaynab didn't make an effort to try and make the marriage work
Zaynab went along with the marriage out of respect for the Prophet
But in her heart she didn't want the marriage

Allah (swt) revealed 33:37 to tell the Prophet the marriage was not going to work
And when Zaid divorced her Allah married her to the Prophet (saw)
So that the Muslims would know that their adopted sons are not like their biological sons
Therefore, they can marry the widows or divorced wives of their adopted sons


LESSONS FROM THE STORY OF ZAYNAB BINT JAHSH AND ZAID BIN HARITHA (RA)

1. Zaid was given high status in Islam in spite of being an ex-slave

2. Islam liberates slaves
This liberation was enjoyed by Bilal, Salman al Farsi and Zaid etc

3. The Prophet (saw) used to arrange marriages for his companions
Because he cared about their needs

4. Not every arranged marriage is successful
Even if it is arranged by a very pious person
Because you don't know if the two people will get along
Marriage is like taking a plane: it might land safely or crash

5. Cousins are allowed to marry in Islam
Even first cousins
Zaynab was the first cousin of the Prophet and he married her

Muhammad took his cousin Zainab as his wife. Al-Tabari: Vol. 8, p 4 & Vol. 39 p 180

6. It is unwise to marry below your status
Zaynab considered Zaid below her status
So she wasn't happy in the marriage
You can’t marry a doctor to a Janitor according to Abu Hanifa, Shafi and Ahmed Ibn Hanbal
However, Imam Malik allows this marriage
But the other three think it is unwise
Note that they didn't say it is haram, but they said it is unwise

7. Your adopted son is not your biological son
He can’t inherit from you unless you give them part of the wealth as a gift
According the rules of sharia

Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters, your foster mother who gave you suck, your foster milk suckling sisters, your wives' mothers, your step daughters under your guardianship, born of your wives to whom you have gone in
- but there is no sin on you if you have not gone in them (to marry their daughters), - the wives of your sons who (spring) from your own loins, and two sisters in wedlock at the same time, except for what has already passed; verily, Allah is Oft­Forgiving, Most Merciful. (An-Nisa 4:23)

Allah (swt) said to call your adopted sons by their father’s name
And not by your name
.."the wives of your sons who spring from your own loins"
Are the ones that are haram to you

8. Allah (swt) was the wali of Zaynab bint Jahsh
Because this marriage took place from above the 7 heavens
Her witness was angel Gibril (as)

As soon as Zayd divorced Zaynab, Muhammad went into Zaynab’s house when she was not prepared & was without the Muslim veil. Zaynab thus asked Muhammad "Is it going to be like this, without any witnesses or trustee (wali) for our union?" Muhammad answered Zaynab "Allah is the witness and Gabriel is the trustee". As a result of this claim, Zaynab proclaimed herself in a higher status compared to Muhammad's other wives. Zaynab told the other wives “our father gave you out in this marriage yet for me, it was heaven that gave me to the Allah's prophet". Jurisprudence from Muhammad's life by Sa'id Ashur page 126 & Al-Isaba fi tamyiz al-Sahaba by Ibn Hajar Asqaliani Vol.IV page 307

9. A section of the Quran was very difficult for the Prophet (saw) to practice
He didn’t want to marry her because he was afraid of the stigma
But he had to obey Allah’s commandment
Aisha (ra) said if he was going to conceal anything from us
It would have been this ayah

Narrated By Anas: Zaid bin Haritha came to the Prophet complaining about his wife. The Prophet kept on saying (to him), "Be afraid of Allah and keep your wife." 'Aisha said, "If Allah's Apostle were to conceal anything (of the Qur'an he would have concealed this Verse." Zainab used to boast before the wives of the Prophet and used to say, "You were given in marriage by your families, while I was married (to the Prophet) by Allah from over seven Heavens." And Thabit recited, "The Verse: 'But (O Muhammad) you did hide in your heart that which Allah was about to make manifest, you did fear the people,' (33.37) was revealed in connection with Zainab and Zaid bin Haritha." [Sahih Bukhari (9/125) No. 7421]

10. Women are competitive by nature
Because Zaynab used to boast to the other wives that she was given away in marriage
By Allah from the seven heavens

Narrated By Anas: Zaid bin Haritha came to the Prophet complaining about his wife. The Prophet kept on saying (to him), "Be afraid of Allah and keep your wife." 'Aisha said, "If Allah's Apostle were to conceal anything (of the Qur'an he would have concealed this Verse." Zainab used to boast before the wives of the Prophet and used to say, "You were given in marriage by your families, while I was married (to the Prophet) by Allah from over seven Heavens." And Thabit recited, "The Verse: 'But (O Muhammad) you did hide in your heart that which Allah was about to make manifest, you did fear the people,' (33.37) was revealed in connection with Zainab and Zaid bin Haritha." [Sahih Bukhari (9/125) No. 7421]

11. The Ulama used the above hadith to say Allah is above the 7 heavens and not everywhere

12. We should fear Allah alone and not the blame of the blamers
This means in life if you are going to do a thing,
You do it and you don't give a dam what people say as long as it is halal
Also, if you fall in love with your cousin you can marry your cousin
Don’t fear the blame of the blamers
It’s your life; it is halal

O you who believe! Whoever from among you turns back from his religion (Islam), Allah will bring a people whom He will love and they will love Him; humble towards the believers, stern towards the disbelievers, fighting in the Way of Allah, and never afraid of the blame of the blamers. That is the Grace of Allah which He bestows on whom He wills. And Allah is All­Sufficient for His creatures' needs, All­Knower. (Al-Ma'idah 5:54)

When I was in the UK I met a 50 year old widow
She was Asian
Who was afraid of getting married again because
She was afraid of what the people might say
Even though she wanted to get married

The ayah is saying a believer doesn't fear the blame of the blamer

13. Divorce, Khula and Faskh (annulment) is a baraka from Allah
Because people don't always turn out to be what they are
A person can be wolf in sheep clothing
So divorce is a baraka in this case
Secondly, sometimes two practicing Muslims are not compatible
As in the case of Zaid and Zaynab
In their case, divorce was a baraka
Sometimes the husband is deadbeat and the wife can't cope
Deadbeat means he has no money, profession or ambition
Sometimes the husband is impotent, violent or has an addiction
Sometimes he turns out to be a munafiq or an apostate
He may also turn out to be an undercover kaafir or a zindeeq (heretic)
All these are reasons to prove to you that divorce can be a baraka

The following hadith is weak:

Abdullah bin Umar narrated the Messenger of Allah (SAW) said: "The most hated of permissible things to Allah is divorce." [Sunan Abu Dawud (Vol. 1, pg. 661) No. 2176 and Sunan Ibn Majah (Vol. 3, pg. 180) No. 2018]

FABRICATED HADITH: narrated from ‘Ali ibn Abi Taalib (may Allaah be pleased with him), that the Prophet (peace and blessings of Allaah be upon him) said: “Do not issue divorce, for the Throne shakes because of divorce.”
Narrated by Ibn ‘Adiyy in al-Kaamil (5/112) and by al-Khateeb in Tareekh Baghdaad (12/191), and via Ibn al-Jawzi in al-Mawdoo’aat (2/277), via ‘Amr ibn Jumay’ from Juwaybir from al-Dahhaak from al-Nazzaal ibn Sabrah from ‘Ali ibn Abi Taalib (may Allaah be pleased with him). Ibn al-Jawzi said: It is a mawdoo’ (fabricated) hadeeth… ‘Amr ibn Jumay’ used to narrate munkar ahaadeeth from prominent people, and mawdoo’ ahaadeeth from sound narrators.

The Prophet (saw) did not force men to love women and vice versa

Narrated Ibn ‘Abbas: The wife of Thabit bin Qais bin Shammas came to the Prophet and said, “O Allah’s Apostle! I do not blame Thabit for any defects in his character or his religion, but I cannot endure to live with him and I am afraid that I (being a Muslim) may become unthankful (or behave in an unIslamic manner) for Allah’s Blessings.” On that, Allah’s Apostle said (to her), ‘Will you return his garden to him?” She said, “Yes.” So she returned his garden to him and the Prophet told him to divorce her.Sahih Al-Bukhari: Volume 7, Book 63, Number 206

When this hadith was explained to me, it was said there was no chemistry
The Shaikhs did not use the word chemistry, they said she was not attracted to him
You are not supposed to marry without chemistry

Narrated Ibn `Abbas: Barira’s husband was a slave called Mughith, as if I am seeing him now, going behind Barira and weeping with his tears flowing down his beard. The Prophet () said to `Abbas, "O `Abbas ! are you not astonished at the love of Mughith for Barira and the hatred of Barira for Mughith?" The Prophet () then said to Barira, "Why don't you return to him?" She said, "O Allah's Messenger ()! Do you order me to do so?" He said, "No, I only intercede for him." She said, “I am not in need of him.” BUKHARI: Vol. 7, Book 63, Hadith 206

I almost cried when I learned this hadith because I felt for Mughith (ra)
Mughith was a black man
He was crying, but she was no longer a slave and had to move on
He, being a slave, was below her status
The Prophet (saw) allowed him to walk behind her this way because they had history
She didn't have to move on from Mughith - she chose to move on

14. Allah did not command the Prophet (saw) anything that was inappropriate

There is no blame on the Prophet (SAW) in that which Allah has made legal for him.That has been Allah's Way with those who have passed away of (the Prophets of) old. And the Command of Allah is a decree determined. (Al-Ahzab 33:38)

Neither did Allah command any previous Prophet to do anything inappropriate
If you're a believer, this is your creed
Allah did not allow anything which is inappropriate
If you are a munafiq, kafir or an apostate you would think
The marriage between the Prophet (saw) and Zaynab was inappropriate
So you have to ask yourself "Am I a believer?" if you question this marriage
A true believer has no resentment towards this marriage


15. The Prophet (saw) had deep foresight and insight
The Prophet was wise
He didn't want to marry her because he knew mouths will fly
And they will give evil comments about this marriage
Like today, the orientalist are using this marriage to attack the Prophet
Though he never wanted to marry her
But Allah commanded him to do so
But Allah told the Prophet (saw) not to fear the blame of the blamer in 33:39

Those who convey the Message of Allah and fear Him, and fear none save Allah. And Sufficient is Allah as a Reckoner. (Al-Ahzab 33:39)

The Prophet knew his enemies would use this marriage to excoriate him

Question 1: Can a female get married without a wali, if she has none?

Answer1: Abu Hanifa allows a woman to get married without a wali
He believes only a slave girl needs a wali
If she follows this madhab and gets married without a wali
Her marriage hangs in the balance
She should have a scholar examine her husband
If he turns out to be good in aqeeda and character the marriage is accepted
If not, the marriage is rejected

Whenever the woman does not have a wali, the Imam becomes her wali
A revert with no wali has to appoint a wali
Who will look after her interest

Abu Musa (RA) reported that Allah’s Messenger (SAW) said: “There is no marriage without a wali.” [Sunan Tirmidhi (3/399) No. 1101, Musnad Ahmad (4/394) No. 19536, Sunan Abu Dawud (2/229) No. 2085, Sunan al-Darime (2/184) No. 2182, Sunan Ibn Majah (3/79) No. 1881]

If a girl has a wali and yet she went against him
And get married then the marriage is batil
Unless if he is kaafir, munafiq or zindeeq
In this case she appoints her own wali

And never will Allah grant to the disbelievers a way (to triumph) over the believers. (An-Nisa 4:141)

This means the wali has to be Muslim
This Ayah is used by the scholars to say the wali has to be a Muslim


Question 2: Assalam Alaikum. What is best way to learn Arabic and what are the benefits?

Answer 2: The best way to learn Arabic is to move to an Arabic speaking country
Stay away from English speaking people
Don’t mix with the jaahil Arab but with the educated ones

You can go to youtube and learn it

MAYSOOR ARABIC: https://www.youtube.com/user/AlMadinahstudents


Question 3: Why did Aisha (ra) set Mugith's wife free and not Him or both?! Was there a reason for it?

Answer 3: it is a valid question but I don’t know the answer
Aisha (ra) didn't believe in slavery that's why she set her free
Mugith was not Aisha's slave so she couldn't set him free
He had to be set free by his master


Question 4: Why is chemistry important in a marriage?

Answer 4: Chemistry is more important for men for the sake of erection

And if you fear that you shall not be able to deal justly with the orphan­ girls, then marry (other) women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess. That is nearer to prevent you from doing injustice. (An-Nisa 4:3)

Allah (swt) here is talking about women who tickle your fancy
Women who are pleasing to you
The rasul (saw) said we should look at the woman before marrying her
This is because chemistry is important

Mughirah ibn Shu’bah (RA) said that he proposed to a woman. So, the Prophet (SAW) said to him, “Look at her. That would strengthen your love for one another”. [Tirmidhi 1089, Ahmed 18160, Nisai 3237, Ibn e Majah 1865]

You shouldn't marry without chemistry


Question 5: What is an urfee marriage?

Answer 5: Urf in Arabic means customs
Urfee marriage is a marriage which is accepted by the custom of the people
A marriage without an announcement is a secret marriage
A secret marriage is not haram, it is makrooh

Ahmed Shakir (Egyptian Scholar) had two wives
The first wife didn't know about the second wife until after he died
And no scholar criticised him for what he did

Question 6: Is temporary marriage haram?

Answer 6: According to the four imams, temporary marriage is haram
The rawafidh claim this is halal and that
Umar (ra) made it haram because someone did it
With his daughter and his pride was hurt

The Hanbalis allow a type of temporary marriage
If a man is away on a journey (for example) and he has needs
In this case the man marries a woman for specific period of time
But he keeps this intention in his heart and not stipulated in the contract
She doesn’t know of his intentions
They say it is not muta (temporary marriage)
The Hanbali's didn't allow muta, however
If it was put in writing as in a contract - it would be haram
Shaikh Bin Baaz passed this fatwa

In Pakistan, there is a market called Heera Mandi
There are a lot of women there and they get married for one hour
Heera Mandi means the diamond market
They say these girls are diamonds
These women who work in these markets are shia
They practice prostitution but claim it is their fiqh
They say their fiqh allows this type marriage
The government cannot shut down these brothels

If a person gets married in muta you are not allowed to kill him
He can be punished otherwise, but not death
The punishment is called ta'zeer
You can't kill him because he acted upon an opinion
Ta'zeer means 10 lashes