How is the hadith “Yes” reconciled with the hadith “The fornicator is not a believer while he is fornicating”?
Machine translationRead the Arabic original
Question : And this is Mustafa ibn Jabir, who says: It is unclear to me how to reconcile the saying of the Messenger of Allah (peace and blessings be upon him) when he was asked, “Does a believer commit fornication?” and he said, “Yes,” with his saying Sahih al-Bukhari 6782
Answer : that his sayingMusannaf Ibn Abi Shaybah 6:1584 means a believer who is complete in faith, and if a believer commits fornication, he is deficient in faith.
When (a person) an adulterer commits illegal sexual intercourse then he is not a believer at the time he is doing it
لا يزني الزاني حين يزني وهو مؤمنAnswer : that his saying
The fornicator is not a believer while he is fornicating
لا يزني حين يزني وهو مؤمن
Source
الفتاوى الثلاثية (3) - 1 — binothaimeen.net (6:15)
The Arabic text is a machine transcription of the audio recording.
