The mention of the woman with whom the accused committed fornication
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. Regarding the author’s (may Allah have mercy on him) statement, “and he mentions [the name] of the one with whom he committed fornication”—does this not mean the witness mentions the woman with whom he committed fornication? Did this not occur in the hadith of Ma‘iz? If it had occurred, would it not have been mentioned? And is it better to conceal the woman’s identity?
Answer:
No, this is necessary, because she might be his wife. If you do not say, “She is the daughter of so-and-so,” she might be his wife; she might be his wife. And you are implying that she is not his wife, that she is a stranger. So this is necessary. And this is a secret between them and the judge; it is not publicized to the people so that it is said, “This is a secret between them and the judge only.” Yes.
He says: Honorable Shaykh, may Allah grant you success. Regarding the author’s (may Allah have mercy on him) statement, “and he mentions [the name] of the one with whom he committed fornication”—does this not mean the witness mentions the woman with whom he committed fornication? Did this not occur in the hadith of Ma‘iz? If it had occurred, would it not have been mentioned? And is it better to conceal the woman’s identity?
Answer:
No, this is necessary, because she might be his wife. If you do not say, “She is the daughter of so-and-so,” she might be his wife; she might be his wife. And you are implying that she is not his wife, that she is a stranger. So this is necessary. And this is a secret between them and the judge; it is not publicized to the people so that it is said, “This is a secret between them and the judge only.” Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 119 من 123 / شرح كتاب زاد المستقنع / الشهادات / صالح الفوزان / الفقه / كبار العلماء — youtube.com (46:45)
The Arabic text is a machine transcription of the audio recording.
