Exegesis of the saying of Allah the Exalted: (( ... and do not commit zina... )).
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The Shaykh : The third attribute: His saying: . And zina is the unlawful intercourse with the private parts - may Allah protect us from it -. Zina is the unlawful intercourse with the private parts. So whoever has intercourse with a woman without a valid marriage contract or valid ownership of the right hand, that is zina. It is among the major sins and their greatest. Allah the Exalted named it a heinous deed, so He said: [Al-Isra 17:32]. And its punishment is stoning or flogging with exile. Stoning if the fornicator is a muhsan. And the muhsan is: one who married with a valid marriage and had intercourse with his wife, and he is an adult, sane, and free. - Listen to the conditions -. He married with a valid marriage, and had intercourse with his wife, and they - meaning: the husband and wife - are adults, sane, and free, meaning: not slaves. If these five conditions are met, he is a muhsan. If he commits zina after that, it is obligatory to stone him, stone him with stones. Meaning: that he is stood up for the people and they stone him with stones, stones that are neither small nor large but medium. And they do not aim for the vital parts, because if they aimed for the vital parts, they would kill him quickly. And the legal ruling wants him to suffer in his entire body which took pleasure in the unlawful intercourse. This is the hadd of the fornicator if he is a muhsan. And the muhsan, we mentioned five attributes for it: that he is married with what? With a valid marriage, and he has intercourse with his wife in this valid marriage. And they are adults, sane, and free. Then if he is stoned and dies, he is washed, shrouded, prayed over, and forgiveness is sought for him, and he is buried with the Muslims, because he is a Muslim. And this hadd is an expiation for him. So he will not be punished on the Day of Resurrection for his zina, because he was punished in this world.
Someone might say: Why do we not kill him with the sword, for it is closer and faster in finishing him off? We said: No. We kill him by stoning with stones. This is how the Sunnah came. And this stoning is established in the Muhammadan Shari'ah, and also in the Shari'ah of the Jews. Because it is a purification for the people, and a deterrent for them from this heinous deed. As for if the fornicator is not a muhsan, he is flogged one hundred lashes in the presence of a group of believers. And he is exiled from the homeland where the zina occurred for a period of one year. But he is not exiled to a land where he can commit zina, because he is exiled to distance him from the place of zina. And the non-muhsan is: one in whom one of the conditions of muhsan that you heard is lacking. And the fornicator must be aware of the prohibition. If he is not aware of the prohibition, he is not given the hadd. But if he knew the prohibition but did not know the hadd, is he given the hadd or not? The answer: He is given the hadd, because it is not a condition of the hadd that the criminal be aware of it. Just as if a man has intercourse with his wife during the day of Ramadan in his land, it is obligatory upon him to pay the kaffarah: freeing a slave, if he does not find one, then fasting two consecutive months, if he cannot do that, then feeding sixty poor people. But if this man said: I did not know that this is the kaffarah, and if I had known, I would not have done it. We said: This does not prevent the obligation of the kaffarah, because the man who came to the Prophet (peace and blessings be upon him) asking him did not know what kaffarah was upon him. So the Prophet (peace and blessings be upon him and his family) obligated him with it. Allah the Mighty and Majestic said: The reference is to what came before: shirk, and killing the soul, the third: zina. [Al-Furqan 25:68-69]. We ask Allah for safety. Shirk, there is no doubt that whoever associates partners with Allah with major shirk, he is eternal in the Fire of Hell and Paradise is forbidden to him. Killing the soul, if he considers it lawful while he knows that it is forbidden, meaning: a forbidden soul, i.e., a respected one, he is a disbeliever and is eternal in the Fire, because he considered lawful what Allah the Mighty and Majestic has forbidden while he knows that it is forbidden. As for if he does not consider killing lawful, it is one of the great sins. Zina, if he considers it lawful, he becomes a disbeliever eternal in the Fire. And if he does it due to the overpowering of his desire, it is among the major sins but he is not eternal in the Fire.
and do not commit zina
وَلا يَزْنُونَAnd do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.
وَلا تَقْرَبُوا الزِّنَى إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلاًSomeone might say: Why do we not kill him with the sword, for it is closer and faster in finishing him off? We said: No. We kill him by stoning with stones. This is how the Sunnah came. And this stoning is established in the Muhammadan Shari'ah, and also in the Shari'ah of the Jews. Because it is a purification for the people, and a deterrent for them from this heinous deed. As for if the fornicator is not a muhsan, he is flogged one hundred lashes in the presence of a group of believers. And he is exiled from the homeland where the zina occurred for a period of one year. But he is not exiled to a land where he can commit zina, because he is exiled to distance him from the place of zina. And the non-muhsan is: one in whom one of the conditions of muhsan that you heard is lacking. And the fornicator must be aware of the prohibition. If he is not aware of the prohibition, he is not given the hadd. But if he knew the prohibition but did not know the hadd, is he given the hadd or not? The answer: He is given the hadd, because it is not a condition of the hadd that the criminal be aware of it. Just as if a man has intercourse with his wife during the day of Ramadan in his land, it is obligatory upon him to pay the kaffarah: freeing a slave, if he does not find one, then fasting two consecutive months, if he cannot do that, then feeding sixty poor people. But if this man said: I did not know that this is the kaffarah, and if I had known, I would not have done it. We said: This does not prevent the obligation of the kaffarah, because the man who came to the Prophet (peace and blessings be upon him) asking him did not know what kaffarah was upon him. So the Prophet (peace and blessings be upon him and his family) obligated him with it. Allah the Mighty and Majestic said:
