Hadithcore
Sahih al-Bukhari, 2290
sahih

Narrated Muhammad bin 'Amr Al-Aslami that his father Hamza said:

'Umar (ra) sent him (i.e. Hamza) as a Sadaqa / Zakat collector. A man had committed illegal sexual intercourse with the slave girl of his wife. Hamza took (personal) sureties for the adulterer till they came to 'Umar. 'Umar had lashed the adulterer one hundred lashes. 'Umar confirmed their claim (that the adulterer had already been punished) and excused him because of being Ignorant. Jarir Al-Ash'ath said to Ibn Mas'ud regarding renegades (i.e., those who became infidels after embracing Islam), "Let them repent and take (personal) sureties for them." They repented and their relatives stood sureties for them. According to Hammad, if somebody stands surety for another person and that person dies, the person giving surety will be released from responsibility. According to Al-Hakam, his responsibilities continues.

وَقَالَ أَبُو الزِّنَادِ عَنْ مُحَمَّدِ بْنِ حَمْزَةَ بْنِ عَمْرٍو الأَسْلَمِيِّ، عَنْ أَبِيهِ، أَنَّ عُمَرَ ـ رضى الله عنه ـ بَعَثَهُ مُصَدِّقًا، فَوَقَعَ رَجُلٌ عَلَى جَارِيَةِ امْرَأَتِهِ، فَأَخَذَ حَمْزَةُ مِنَ الرَّجُلِ كَفِيلاً حَتَّى قَدِمَ عَلَى عُمَرَ، وَكَانَ عُمَرُ قَدْ جَلَدَهُ مِائَةَ جَلْدَةٍ، فَصَدَّقَهُمْ، وَعَذَرَهُ بِالْجَهَالَةِ‏.‏ وَقَالَ جَرِيرٌ وَالأَشْعَثُ لِعَبْدِ اللَّهِ بْنِ مَسْعُودٍ فِي الْمُرْتَدِّينَ اسْتَتِبْهُمْ، وَكَفِّلْهُمْ‏.‏ فَتَابُوا وَكَفَلَهُمْ عَشَائِرُهُمْ‏.‏ وَقَالَ حَمَّادٌ إِذَا تَكَفَّلَ بِنَفْسٍ فَمَاتَ فَلاَ شَىْءَ عَلَيْهِ‏.‏ وَقَالَ الْحَكَمُ يَضْمَنُ‏.‏

References2 variants
In-Book Reference
Book 39, Hadith 1
USC-MSA web (English) reference
Vol. 3, Book 37, Hadith 488 (deprecated numbering scheme)
Sharh · explanationclick to expand
The Companions (may Allah be pleased with them) used to implement the Hudood (i.e., plural of Hadd, the corporal punishment determined by the Islamic Laws of Islam) and complied with the divine provisions in all matters and at all times.A manifestation of such compliance was that they sought taking surety and guarantees to preserve people’s financial rights, and to ensure that the rights of Allah or those of people would not be violated. In this hadeeth, the Companion Hamzah ibn ‘Amr Al-Aslamee (may Allah be pleased with him) stated that ‘Umar (may Allah be pleased with him) once sent him to levy Zakaah/Sadaqah, and it was brought to his attention that a man had committedillicit sexual intercourse (Fornication) with his wife’s slave girl. This hadeeth gives a brief account of the incident which was delineated by Al-Tahaawee in his two books Sharh Ma‘aanee Al-Aathaar and Sharh Mushkil Al-Aathaar. It reads, “‘Umar sent Hamzah (may Allah be pleased with them) to collect Zakaah/Sadaqah. Some money was given to him, and he heard a man saying to his wife, ‘Pay the Zakaah on your freed slave!’ She replied, ‘You should pay the Zakaah on him; he is your son!’” Hamzah (may Allah be pleased with him) asked them about their story and these statements. He was informed that this woman’s husband had committed Fornication with her slave-girl and she gave birth to a boy. The woman freed the son and then he inherited some wealth from his mother, and they said that such wealth was allocated to his son, whom he had with his wife’s slave girl unlawfully. Upon learning these facts, Hamzah (may Allah be pleased with him), said: “I will stone you,” meaning to implement the Hadd of Rajm (i.e., stoning to death) on him, because he was a married adulterer. It was said that his act had been reported to ‘Umar (may Allah be pleased with him) and he had already lashed him one hundred lashes and did not believe that he should have been stoned to death.This could be either because the man did not know that it was impermissible for him to have intercourse with his wife’s slave girl, or it is possible that he did not know it was her slave-girl (i.e., he mistaken her for one of his own slave girls). Therefore, ‘Umar (may Allah be pleased with him)may have excused himbased on ignorance of the relevant prohibition or on account of doubts. Hamzah (may Allah be pleased with him) requested (personal) sureties for the adulterer, to act as his guarantee till he verified the matter with ‘Umar (may Allah be pleased with him). They went to ‘Umar, and Hamzah asked him about it and it turned out that the man had been lashed one hundred lashes. ‘Umar (may Allah be pleased with him) confirmed their claim (that the adulterer had already been punished). It is deduced from the hadeeth that it is valid to stand surety for someone by committing oneself to bring the guaranteed person either to fulfill people’s rights, or to appear before the judge. The surety or guarantee in this context is applicable in relation to the implementation of Hudood and Qisaas (i.e., retribution) on part of those who have the ability to bring the perpetrators or the ones who are required to fulfill these rights, such as the leaders and chiefs of tribes and the like..