What is the ruling on an elderly person who commits unlawful sexual intercourse?
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The questioner : My teacher, what is the ruling if an elderly man commits unlawful sexual intercourse? Is it the same as the ruling for a young man, whether he is married or unmarried? Because a verse that was abrogated in recitation but retained in ruling passed through us, concerning the old man and the old woman if they commit unlawful sexual intercourse.
The Shaykh : Is it the same as the ruling for a young man?
The questioner : Here is the question.
The Shaykh : Whether he is married or unmarried.
The questioner: Yes.
The Shaykh : Do you mean referring it back to the young man, or to the old man?
The questioner : To the old man, meaning, if the old man is married, is he like the married young man, and is the punishment of stoning to death carried out against him?
The Shaykh : There is no difference between the old man and the young man in the ruling. Whoever is married is stoned, whether he is an old man or a young man, and whoever is not married is flogged, whether he is an old man or a young man. The mention of the old man and the old woman in the hadith or in the verse that was abrogated in recitation but retained in ruling is to condemn his action, because he committed unlawful sexual intercourse despite being an old man. As came in some hadiths thatSunan an-Nasa'i 4459.
The Shaykh : Is it the same as the ruling for a young man?
The questioner : Here is the question.
The Shaykh : Whether he is married or unmarried.
The questioner: Yes.
The Shaykh : Do you mean referring it back to the young man, or to the old man?
The questioner : To the old man, meaning, if the old man is married, is he like the married young man, and is the punishment of stoning to death carried out against him?
The Shaykh : There is no difference between the old man and the young man in the ruling. Whoever is married is stoned, whether he is an old man or a young man, and whoever is not married is flogged, whether he is an old man or a young man. The mention of the old man and the old woman in the hadith or in the verse that was abrogated in recitation but retained in ruling is to condemn his action, because he committed unlawful sexual intercourse despite being an old man. As came in some hadiths that
There are three at whom Allah will not look on the Day of Resurrection
ثلاثة لا ينظر الله إليهم يوم القيامة منهم شيخ زانٍ
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.