The Distinction in False Accusation of Adultery Between It Being Before the Judge and Before Others

Question:
Honorable Shaykh, some people distinguish between falsely accusing someone of adultery in the presence of the judge and falsely accusing them in the presence of someone other than the judge. They say that if a person falsely accuses someone of adultery in front of the judge, the judge demands that he provide evidence, or he imposes the fixed punishment upon him, citing the hadith: "The evidence is upon the accuser, or the fixed punishment is upon your back." But if the false accusation is made in the presence of someone other than the judge, the accused must be asked to provide evidence. What is your opinion on this?

Answer:
This is new jurisprudence; apparently, I do not know of it. Is killing not forbidden? Allah, Mighty and Majestic, says: He did not say, "And those who falsely accuse chaste women in the presence of the judge." Did He not restrict it to that? He, the Exalted, said: He says, "Those who falsely accuse chaste women in the presence of the judge." And when the Prophet (peace and blessings be upon him) mentioned the seven grave sins, he said at the end: He did not say, "in your presence" or anything like that.