Do the conditions for carrying out the hadd of stoning apply to both the man and the woman?
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The questioner : Are these five conditions required for the woman or the man?
The Shaykh : For both of them.
The questioner : All right, if a sane, adult man has intercourse with a woman who is, for example, ten years old, and the conditions are met?
The Shaykh : He would be considered muhsan (married) and she would not be, unless he had intercourse with her after she reached puberty.
The questioner : Is the hadd carried out on both of them?
The Shaykh : Yes, the hadd is carried out on each of them.
The questioner : Each one individually?
The Shaykh : Yes, yes, but we said that each one of them must be an adult, sane, free person, each one. And you are saying: if he has intercourse with a ten-year-old, he is not considered muhsan. It is necessary that each one of them be an adult, sane, free person.
The questioner : ...
The Shaykh : I say he is not muhsan, so the hadd for an unmarried person is carried out on him; he is not muhsan. Understand the conditions: that he marries her with a valid marriage contract, and has intercourse with her, and that each of them is an adult, sane, free person.
The questioner : Al-Bukhari mentioned...
The Shaykh : And al-Hasan said: "Whoever commits zina with his sister, his hadd is the hadd of the fornicator" This is the well-known view among many scholars, that zina with close relatives is like zina with distant relatives. However, the correct view is that zina with close relatives necessitates stoning in every case; this is the correct view.
The Shaykh : For both of them.
The questioner : All right, if a sane, adult man has intercourse with a woman who is, for example, ten years old, and the conditions are met?
The Shaykh : He would be considered muhsan (married) and she would not be, unless he had intercourse with her after she reached puberty.
The questioner : Is the hadd carried out on both of them?
The Shaykh : Yes, the hadd is carried out on each of them.
The questioner : Each one individually?
The Shaykh : Yes, yes, but we said that each one of them must be an adult, sane, free person, each one. And you are saying: if he has intercourse with a ten-year-old, he is not considered muhsan. It is necessary that each one of them be an adult, sane, free person.
The questioner : ...
The Shaykh : I say he is not muhsan, so the hadd for an unmarried person is carried out on him; he is not muhsan. Understand the conditions: that he marries her with a valid marriage contract, and has intercourse with her, and that each of them is an adult, sane, free person.
The questioner : Al-Bukhari mentioned...
The Shaykh : And al-Hasan said: "Whoever commits zina with his sister, his hadd is the hadd of the fornicator" This is the well-known view among many scholars, that zina with close relatives is like zina with distant relatives. However, the correct view is that zina with close relatives necessitates stoning in every case; this is the correct view.