Abu Dawud Book 33, Hadith Number 4406.

Narated By Jabir ibn Abdullah : Muhammad ibn Ishaq said: I mentioned the story of Ma’iz ibn Malik to Asim ibn Umar ibn Qatadah. He said to me: Hasan ibn Muhammad ibn Ali ibn AbuTalib said to me: Some men of the tribe of Aslam whom I do not blame and whom you like have transmitted to me the saying of the Apostle of Allah (PBUH): Why did you not leave him alone?

He said: But I did not understand this tradition. So I went to Jabir ibn Abdullah and said (to him): Some men of the tribe of Aslam narrate that the Apostle of Allah (PBUH) said when they mentioned to him the anxiety of Ma’iz when the stones hurt him: “Why did you not leave him alone?’ But I do not know this tradition.

He said: My cousin, I know this tradition more than the people. I was one of those who had stoned the man. When we came out with him, stoned him and he felt the effect of the stones, he cried: O people! return me to the Apostle of Allah (PBUH). My people killed me and deceived me; they told me that the Apostle of Allah (PBUH) would not kill me. We did not keep away from him till we killed him. When we returned to the Apostle of Allah (PBUH) we informed him of it.

He said: Why did you not leave him alone and bring him to me? and he said this so that the Apostle of Allah (PBUH) might ascertain it from him. But he did not say this to abandon the prescribed punishment. He said: I then understood the intent of the tradition.