If the married man who committed usurpation has intercourse with the enslaved woman who was usurped; is the hadd for the married man to be carried out against him?
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Question:
If the usurper is a married man and he has intercourse with the enslaved woman who was usurped, is the hadd for the married man to be carried out against him, so that he is to be stoned?
Answer:
The condition of being a married man (muhsan) is that the woman with whom he commits zina is a free woman. This woman is not a free woman, but the discretionary punishment (ta'zir) is to be carried out against him. Yes.
If the usurper is a married man and he has intercourse with the enslaved woman who was usurped, is the hadd for the married man to be carried out against him, so that he is to be stoned?
Answer:
The condition of being a married man (muhsan) is that the woman with whom he commits zina is a free woman. This woman is not a free woman, but the discretionary punishment (ta'zir) is to be carried out against him. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1953 -3022] إذا وطئ الغاصب المحصن الجارية المغصوبة؛ هل يقام عليه حد المحصن؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.