The ruling on flogging a sick adulterer
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Question:
Honorable Shaykh, may Allah grant you success, how is a sick adulterer, who is severely ill, to be flogged?
Answer:
If the illness is chronic and its end is not expected, the punishment is reduced according to what he can bear. This is based on a hadith in which it is reported that a man in Madinah had a woman who served him, and he committed zina (unlawful sexual intercourse) with her. The Prophet (peace and blessings be upon him) ordered that he be struck with an 'aqqal, which is the palm frond that has one hundred leaflets, to lighten the hadd (fixed punishment) for him. This is similar to what Allah the Exalted said in the story of Ayyub (peace be upon him):[Sad 38:44]. This was because he had vowed that if Allah cured him, he would strike his wife one hundred lashes because she had neglected him on some days. She used to serve him, but she neglected him on some days, so he vowed that if Allah cured him, he would strike her one hundred lashes. However, because of her service to him, her virtue, and her care for him, Allah lightened the punishment for her. Allah lightened it for her, so He said to his prophet: "Take a handful in your hand and strike her with it, and do not be weak in your hand." He said: "Indeed, We found him patient. He is an excellent servant; indeed, he is one who turns back [to Allah]." This is the story of Ayyub (peace be upon him). Similarly, the Prophet (peace and blessings be upon him) did this for the sick man who could not bear the flogging. As for if his illness is not chronic and its end is expected, the hadd is postponed for him. It is postponed until he recovers from the illness, and then the hadd is carried out against him.
Honorable Shaykh, may Allah grant you success, how is a sick adulterer, who is severely ill, to be flogged?
Answer:
If the illness is chronic and its end is not expected, the punishment is reduced according to what he can bear. This is based on a hadith in which it is reported that a man in Madinah had a woman who served him, and he committed zina (unlawful sexual intercourse) with her. The Prophet (peace and blessings be upon him) ordered that he be struck with an 'aqqal, which is the palm frond that has one hundred leaflets, to lighten the hadd (fixed punishment) for him. This is similar to what Allah the Exalted said in the story of Ayyub (peace be upon him):
And take in your hand a bunch [of grass] and strike with it and
وَخُذْ بِيَدِكَ ضِغْثًا فَاضْرِب بِّهِ وَلَا
Source
كيفية جلد الزاني المريض مرضا شديدا — alfawzan.live
The Arabic text is a machine transcription of the audio recording.
