The hudud punishment for a married slave who commits zina: is it half of the stoning?
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Question:
He says: Honorable Shaykh, may Allah preserve you. Is the hudud punishment for a slave, whether he is muhsan (married) or not, only flogging without stoning? He cannot be stoned, because the full stoning does not apply to him; he is subject to half of what applies to a free man. However, stoning cannot be halved; only flogging can be halved.
Answer:
And Allah, (Exalted and Majestic is He), said:[An-Nisa 4:25] The punishment mentioned in the Qur'an is the one referred to by the definite article "al," which is His saying, the Exalted: [An-Nur 24:2]. Yes.
He says: Honorable Shaykh, may Allah preserve you. Is the hudud punishment for a slave, whether he is muhsan (married) or not, only flogging without stoning? He cannot be stoned, because the full stoning does not apply to him; he is subject to half of what applies to a free man. However, stoning cannot be halved; only flogging can be halved.
Answer:
And Allah, (Exalted and Majestic is He), said:
for them is half the punishment for free [unmarried] women
فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِThe [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes
الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِّنْهُمَا مِائَةَ جَلْدَةٍ
Source
قناة «العلامة الدكتور صالح الفوزان»، [2308 -2802] حد الرقيق المحصن إذا زنا هل هو نصف الرجم؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.