The Ruling on Hiring a Woman for Zina
Machine translationRead the Arabic original
The questioner : Or selling khamr (intoxicants) in it, or the like, because it is haram (forbidden), so the ijarah (lease) for doing it is not permissible, just as hiring a woman for zina (unlawful sexual intercourse) is not permissible. Hiring a woman for zina is haram (forbidden). Because the Prophet (peace and blessings be upon him) forbade the river of fornication.
The Shaykh : Fine, but if he hires her for zina and commits zina with her, is the hadd (fixed punishment) carried out against him or not?
The questioner : Yes.
The Shaykh : Some scholars said that the hadd is not carried out against him, because this is a shubhah (doubtful matter). Others said, rather, the hadd is carried out against him, because leaving it out would lead to people hiring women to commit zina with them, and then saying that the hadd is not carried out against them.
The Shaykh : Fine, but if he hires her for zina and commits zina with her, is the hadd (fixed punishment) carried out against him or not?
The questioner : Yes.
The Shaykh : Some scholars said that the hadd is not carried out against him, because this is a shubhah (doubtful matter). Others said, rather, the hadd is carried out against him, because leaving it out would lead to people hiring women to commit zina with them, and then saying that the hadd is not carried out against them.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [5021] حكم إجارة الأمة للزنا - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
