Coercion to commit zina and the erection of the penis
Machine translationRead the Arabic original
Question:
Honorable Shaykh, the questioner asks: Can a man be considered coerced if his penis is erect? For if a man is coerced, his penis does not become erect, and he does not achieve an erection. If it does become erect, that indicates a degree of consent.
Answer:
Yes, some scholars say this. They say that coercion is not conceivable in the case of one who commits zina or one who commits a lewd act; because if he did not desire it, he would not be driven to it, he would not be driven to it. So they say that if one commits zina or sodomy and claims he was coerced, his claim is not accepted, because if he did not desire this act, he would not be driven to it. But the human being is a human being, there is no doubt the human being is a human being, so he is driven to it by virtue of his humanity and his human nature. And the correct view is that the coerced person is not subject to the hadd punishment. His saying (peace and blessings be upon him) this is general. Yes.
Honorable Shaykh, the questioner asks: Can a man be considered coerced if his penis is erect? For if a man is coerced, his penis does not become erect, and he does not achieve an erection. If it does become erect, that indicates a degree of consent.
Answer:
Yes, some scholars say this. They say that coercion is not conceivable in the case of one who commits zina or one who commits a lewd act; because if he did not desire it, he would not be driven to it, he would not be driven to it. So they say that if one commits zina or sodomy and claims he was coerced, his claim is not accepted, because if he did not desire this act, he would not be driven to it. But the human being is a human being, there is no doubt the human being is a human being, so he is driven to it by virtue of his humanity and his human nature. And the correct view is that the coerced person is not subject to the hadd punishment. His saying (peace and blessings be upon him)
and what they were coerced into
وما استكرهوا عليه
Source
قناة «العلامة الدكتور صالح الفوزان»، 81 من 89|شرح العدة في شرح العمدة|كتاب الحدود|فصل فيما يشترط في السوط يقام به الحد|صالح الفوزان|الفقه — youtube.com (1:10:31)
The Arabic text is a machine transcription of the audio recording.
