A man who married and then divorced, and then committed zina; is he treated as a muhsan in deserving stoning rather than flogging and exile?
Machine translationRead the Arabic original
The questioner : What is the ruling on a divorced man who commits zina? And what is the evidence for that? I mean, if a man divorces his wife and commits zina, is the hadd established against him...? And what is the hadd that is established against him?
The Shaykh : The divorced man who commits zina; the question is understood, what is the intent, but it is incomplete. I am going to bring you a picture now, and you will say to me: No, that is not what I intend. So you need to clarify the question. One man contracted a marriage with a woman and then divorced her; is this called a divorced man?
The questioner : What...?
The Shaykh : I am speaking and you understood, do not add from yourself, just answer. Is he called a divorced man or not?
The questioner: Of course.
The Shaykh : Do you mean this?
The questioner: No.
The Shaykh : Of course not, I understand you. So clarify your question. Say: A married man, and this wife he divorced; meaning he became a muhsan; meaning, as they say in our region of Sham: he entered the world. Do you say that in your region?
Those present : Yes, they say it.
The Shaykh : You say it.
Another questioner : And we do too.
The Shaykh : So this man married, entered the world, then divorced, and after he divorced he committed zina; is this not your question?
The questioner: Yes.
The Shaykh : Okay; do you want evidence that he is stoned or what?
The questioner : The hadd that is established against him? And the evidence for the hadd, meaning?
The Shaykh : Of course, he is stoned.
The questioner : And the evidence?
The Shaykh : The evidence is the Sunnah; that the Messenger (peace and blessings be upon him) initially said thatJami` at-Tirmidhi 1434Sahih (Darussalam), and what else?
The questioner : Exiling him is a Sunnah.
The Shaykh : No, this is not the muhsan.
Another questioner : The virgin, the virgin.
The Shaykh : The virgin, but that one is stoned.
Another questioner : And...
The Shaykh: Yes.
Another questioner : Can he be flogged?
The Shaykh : It is permissible to combine them; the detail in this returns to the ruler. So the Sunnah is what brought stoning for the muhsan; the Qur'an does not have anything except flogging.[An-Nisa 4:16].
Another questioner : .
The Shaykh : .
Another questioner :[An-Nisa 4:16] .
The Shaykh : .
Another questioner :[An-Nisa 4:16] .
The Shaykh : Then there is a verse.
Another questioner : ... .
The Shaykh : No, no, there is a verse that has...
The questioner :[An-Nur 24:2] .
The Shaykh : No, no. It has...
Another questioner : What does it have?
The Shaykh : It has the meaning of[At-Talaq 65:1], but it is not the same verse itself, the meaning, with the same meaning.
Another questioner: Yes, that is it.
The Shaykh : Yes, it will come out in your hand, bring it out.
The point: The answer in brief: Stoning is established in the Sunnah, and flogging is established by the text of the Qur'an; and therefore when 'Ali ibn Abi Talib established the hadd in his time against a married woman, he flogged her and then stoned her, and said: "We flogged her by the Book of Allah, and we stoned her by the Sunnah of the Messenger of Allah." So I think you have taken the answer to your question, but perhaps there are some doubts around the issue.
Another questioner :[At-Talaq 65:1] .
Another questioner : What is in[At-Talaq 65:1]?
The Shaykh : No, no, I told you, the meaning of this is not itself, she knows the verse, the verse came and then the hadith came, the verse came and then the hadith came.
There is no god but Allah.
The following hadith:As-Sunan al-Kubra lil-Nasa'i 52:108 is the interpretation of the verse that is not coming to my mind, the one that has...
Another questioner :[An-Nisa 4:15] .
The Shaykh : No, brother, it has the postponement of their matter until our Lord legislates something new, in this meaning the verse, perhaps I will remember it.
The questioner : Which surah is it? Al-Nur?
Another questioner: No, no.
Another questioner : Either in Al-Baqarah, or in Al-Talaq, but...
Another questioner : Or in Al-Nisa.
The Shaykh : The verse[An-Nisa 4:15].
The questioner : ...[An-Nisa 4:15] .
The Shaykh : So what is the way? This is the way,As-Sunan al-Kubra lil-Nasa'i 52:108, and the muhsan with the muhsan is stoning until death, so the verse indicated the ruling for which the Sunnah later came, so this verse I was trying to recall, and finally we guided to it.
Is there anything left or do we move on?
The questioner: Question.
The Shaykh: About the topic?
The questioner: About the topic.
Regarding... the nature of the circumstances... existing with us, a person when, for example, is walking in the street or such, and sees the nakedly dressed, so the nature of the person is that he marries and goes to his wife and relieves himself. Okay; a person who divorced, not for something, meaning, and let us suppose that he committed zina.
The Shaykh : Let us suppose that he married from here and his wife died from here and he committed zina... So who is the one who deserves stoning? We mentioned to you the legal definition, let us see the philosophy of the mind, what is the limit that it can define? What can we say? That the one who married and enjoyed his wife - for example - for a month, is that not okay? What is the limit that you can set? There is no limit except this, he married, entered, tasted the sweetness, and the matter is over, but if he lived with her for a month, a year!! Again another philosophy will come to you; perhaps one lived for a year but did not come to her except for hours!! You cannot define it.
The Shaykh : The divorced man who commits zina; the question is understood, what is the intent, but it is incomplete. I am going to bring you a picture now, and you will say to me: No, that is not what I intend. So you need to clarify the question. One man contracted a marriage with a woman and then divorced her; is this called a divorced man?
The questioner : What...?
The Shaykh : I am speaking and you understood, do not add from yourself, just answer. Is he called a divorced man or not?
The questioner: Of course.
The Shaykh : Do you mean this?
The questioner: No.
The Shaykh : Of course not, I understand you. So clarify your question. Say: A married man, and this wife he divorced; meaning he became a muhsan; meaning, as they say in our region of Sham: he entered the world. Do you say that in your region?
Those present : Yes, they say it.
The Shaykh : You say it.
Another questioner : And we do too.
The Shaykh : So this man married, entered the world, then divorced, and after he divorced he committed zina; is this not your question?
The questioner: Yes.
The Shaykh : Okay; do you want evidence that he is stoned or what?
The questioner : The hadd that is established against him? And the evidence for the hadd, meaning?
The Shaykh : Of course, he is stoned.
The questioner : And the evidence?
The Shaykh : The evidence is the Sunnah; that the Messenger (peace and blessings be upon him) initially said that
For the married person who commits adultery with a married person is one hundred lashes
الثَّيِّب بالثَّيِّب جلد مائةThe questioner : Exiling him is a Sunnah.
The Shaykh : No, this is not the muhsan.
Another questioner : The virgin, the virgin.
The Shaykh : The virgin, but that one is stoned.
Another questioner : And...
The Shaykh: Yes.
Another questioner : Can he be flogged?
The Shaykh : It is permissible to combine them; the detail in this returns to the ruler. So the Sunnah is what brought stoning for the muhsan; the Qur'an does not have anything except flogging.
And the two who commit it among you
وَاللَّذَانِ يَأْتِيَانِهَا مِنْكُمْAnother questioner :
Then punish them both
فَآذُوهُمَاThe Shaykh :
Then punish them both
فَآذُوهُمَاAnother questioner :
But if they repent and correct themselves, leave them alone.
فَإِنْ تَابَا وَأَصْلَحَا فَأَعْرِضُوا عَنْهُمَاThe Shaykh :
Then if they repent
فَإِنْ تَابَاAnother questioner :
and correct themselves, leave them alone. Indeed, Allah is ever Accepting of repentance and Merciful.
وَأَصْلَحَا فَأَعْرِضُوا عَنْهُمَا إِنَّ اللَّهَ كَانَ تَوَّابًا رَحِيمًاThe Shaykh : Then there is a verse.
Another questioner : ... .
The Shaykh : No, no, there is a verse that has...
The questioner :
The [unmarried] woman or [unmarried] man found guilty of sexual intercourse
الزَّانِيَةُ وَالزَّانِي فَاجْلِدُواThe Shaykh : No, no. It has...
Another questioner : What does it have?
The Shaykh : It has the meaning of
perhaps Allah will bring about after that a [different] matter.
لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْرًاAnother questioner: Yes, that is it.
The Shaykh : Yes, it will come out in your hand, bring it out.
The point: The answer in brief: Stoning is established in the Sunnah, and flogging is established by the text of the Qur'an; and therefore when 'Ali ibn Abi Talib established the hadd in his time against a married woman, he flogged her and then stoned her, and said: "We flogged her by the Book of Allah, and we stoned her by the Sunnah of the Messenger of Allah." So I think you have taken the answer to your question, but perhaps there are some doubts around the issue.
Another questioner :
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter.
يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ وَاتَّقُوا اللَّهَ رَبَّكُمْ لَا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ وَتِلْكَ حُدُودُ اللَّهِ وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ لَا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْرًاAnother questioner : What is in
perhaps Allah will bring about after that a [different] matter.
لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْرًاThe Shaykh : No, no, I told you, the meaning of this is not itself, she knows the verse, the verse came and then the hadith came, the verse came and then the hadith came.
There is no god but Allah.
The following hadith:
The virgin with the virgin is a hundred lashes and exile for a year
البكر بالبكر جلد مئة وتغريب عامAnother questioner :
Those who commit unlawful sexual intercourse
وَاللَّاتِي يَأْتِينَ الْفَاحِشَةَThe Shaykh : No, brother, it has the postponement of their matter until our Lord legislates something new, in this meaning the verse, perhaps I will remember it.
The questioner : Which surah is it? Al-Nur?
Another questioner: No, no.
Another questioner : Either in Al-Baqarah, or in Al-Talaq, but...
Another questioner : Or in Al-Nisa.
The Shaykh : The verse
confine the guilty women to houses
فَأَمْسِكُوهُنَّ فِي الْبُيُوتِThe questioner : ...
until death takes them or Allah ordains for them [another] way.
حَتَّى يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللَّهُ لَهُنَّ سَبِيلًاThe Shaykh : So what is the way? This is the way,
The unmarried woman with the unmarried man: one hundred lashes and one year of exile
البكر بالبكر جلد مئة وتغريب عامIs there anything left or do we move on?
The questioner: Question.
The Shaykh: About the topic?
The questioner: About the topic.
Regarding... the nature of the circumstances... existing with us, a person when, for example, is walking in the street or such, and sees the nakedly dressed, so the nature of the person is that he marries and goes to his wife and relieves himself. Okay; a person who divorced, not for something, meaning, and let us suppose that he committed zina.
The Shaykh : Let us suppose that he married from here and his wife died from here and he committed zina... So who is the one who deserves stoning? We mentioned to you the legal definition, let us see the philosophy of the mind, what is the limit that it can define? What can we say? That the one who married and enjoyed his wife - for example - for a month, is that not okay? What is the limit that you can set? There is no limit except this, he married, entered, tasted the sweetness, and the matter is over, but if he lived with her for a month, a year!! Again another philosophy will come to you; perhaps one lived for a year but did not come to her except for hours!! You cannot define it.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.