If a man contracts marriage with a woman and then divorces her before consummation, does he face the hadd of flogging or the hadd of stoning if he commits zina during that period?

Abu Malik: The first question statesThe questioner : that if a man contracts marriage with a woman and then divorces her before consummation, the questioner asks a question with two parts. The first part asks: if he commits zina during that period, is the hadd of stoning or flogging established against him? The second part of the question asks: if he contracts marriage with her again with a new contract and a new mahr, is the first divorce counted against him or not?

The Shaykh : As for the first question, he is to be flogged and not stoned, because stoning is a ruling that applies to the muhsan (one who has previously married) in terms of action, not in terms of contract or writing, so flogging is sufficient for him without stoning. As for the answer to the second question, if he divorced her and her 'iddah expired such that she became free, and then he contracted marriage with her again, the first divorce has passed with the expiration of her 'iddah and her complete release from her husband, so it is as if he had contracted marriage with a woman he had never known before and had not consummated with her. And if he had not consummated with her, the first divorce is not counted with respect to the second contract.