Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-07a
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The reciter: Adam narrated to us, Shu'bah narrated to us, Salimah ibn Kayhil narrated to us, saying: I heard al-Sha'bi narrating from 'Ali (may Allah be pleased with him): Sahih al-Bukhari 6812.
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful, "Chapter on the Stoning of the Married Person". The married person here is not the same as the married person in the chapter on false accusation of adultery, nor the same as the married person in the saying of Allah the Exalted:[An-Nisa 4:24], nor the same as the married person in the saying of Allah the Exalted: [An-Nisa 4:25].
So here there are four usages of the term "married person."[An-Nisa 4:24] These are the married women, meaning those who are with their husbands. And these are forbidden in the case of war captives, except what your right hands possess.
The married women in His saying:[An-Nisa 4:25] refers to free women, whether they are virgins or previously married.
The married women in the saying of Allah the Exalted:[An-Nur 24:4] are those who are chaste regarding unlawful sexual intercourse.
The married women in the chapter on unlawful sexual intercourse and stoning for it are the married women. So the married person in this chapter is: one who married with a valid marriage contract and had intercourse with his wife, and both of them are adults, sane, and free. If these five conditions are met, he is a married person.
So if one who possesses these five attributes commits unlawful sexual intercourse, it is obligatory to stone him, and he is stoned.
With what is he stoned?
He is stoned with stones, stones that are neither large nor small, and the vital parts are avoided. Not small, because small stones, like for example a date pit, would involve torturing him, as his death would be delayed. And not large, because a large stone might kill him with the first stone, thereby missing the purpose of the Shari'ah in stoning.
And the vital parts are avoided. What are the vital parts where if struck, one dies? They are avoided, because if he were struck in a vital part, he would die quickly.
So if someone says: Is this an exception to the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 1955a, or is it part of the excellence of the killing?
We say: Judge as you wish. Either you say it is an exception to his saying:, because there is no doubt that if we had killed him with a sword, it would have been better and more merciful.
Or you say that this is part of the excellence of the killing, because the meaning of the excellence of the killing is that we kill him in accordance with the Shari'ah, and stoning the adulterer is killing in accordance with the Shari'ah, so it is an excellence.
And the rule is: If the matter revolves between including the issue in the generality or excluding it by specificity, the better is to include it in the generality, because specificity, as you know, weakens the generality, to the extent that some scholars say: If a general text is specified, its generality falls and it is not a proof. But the correct view is that it is a proof for what is other than the specified part.
So if one who possesses the five attributes commits unlawful sexual intercourse, he is stoned, whether his wife is with him or he has separated from her by death, she died from him, or life. And likewise for the woman, if her husband dies, it is not a condition that the wife remains with her husband. And the evidence for that is the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 1690a This is one, So he made the ruling dependent on being previously married, which is achieved by intercourse once, whether in the male or the female. So the male, if he has intercourse for the first time, he becomes a previously married person after being a virgin. And the woman likewise, if the first man marries her and has intercourse with her for the first time, she becomes a previously married person after being a virgin.
when the latter stoned a lady to death on a Friday. `Ali said, "I have stoned her according to the tradition of Allah's Messenger (ﷺ)."
حين رجم المرأة يوم الجمعة، وقال : قد رجمتها بسنة رسول الله صلى الله عليه وسلمThe Shaykh : In the name of Allah, the Most Gracious, the Most Merciful, "Chapter on the Stoning of the Married Person". The married person here is not the same as the married person in the chapter on false accusation of adultery, nor the same as the married person in the saying of Allah the Exalted:
And [also prohibited to you are all] married women except those your right hands possess
والمحصنات من النساء إلا ما ملكت أيمانكمAnd whoever among you cannot [find] the means to marry free, believing women
ومن لم يستطع منكم طولا أن ينكح المحصنات المؤمناتSo here there are four usages of the term "married person."
And [also prohibited to you are all] married women except those your right hands possess
والمحصنات من النساء إلا ما ملكت أيمانكمThe married women in His saying:
And whoever among you cannot [find] the means to marry free, believing women
ومن لم يستطع منكم طولا أن ينكح المحصنات المؤمناتThe married women in the saying of Allah the Exalted:
And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes
والذين يرمون المحصنات ثم لم يأتوا بأربعة شهداء فاجلدوهم ثمانين جلدةThe married women in the chapter on unlawful sexual intercourse and stoning for it are the married women. So the married person in this chapter is: one who married with a valid marriage contract and had intercourse with his wife, and both of them are adults, sane, and free. If these five conditions are met, he is a married person.
So if one who possesses these five attributes commits unlawful sexual intercourse, it is obligatory to stone him, and he is stoned.
With what is he stoned?
He is stoned with stones, stones that are neither large nor small, and the vital parts are avoided. Not small, because small stones, like for example a date pit, would involve torturing him, as his death would be delayed. And not large, because a large stone might kill him with the first stone, thereby missing the purpose of the Shari'ah in stoning.
And the vital parts are avoided. What are the vital parts where if struck, one dies? They are avoided, because if he were struck in a vital part, he would die quickly.
So if someone says: Is this an exception to the saying of the Prophet (peace and blessings be upon him):
so when you kill, kill in a good way
إذا قتلتم فأحسنوا القتلةWe say: Judge as you wish. Either you say it is an exception to his saying:
Be excellent in the killing
أحسنوا القتلةOr you say that this is part of the excellence of the killing, because the meaning of the excellence of the killing is that we kill him in accordance with the Shari'ah, and stoning the adulterer is killing in accordance with the Shari'ah, so it is an excellence.
And the rule is: If the matter revolves between including the issue in the generality or excluding it by specificity, the better is to include it in the generality, because specificity, as you know, weakens the generality, to the extent that some scholars say: If a general text is specified, its generality falls and it is not a proof. But the correct view is that it is a proof for what is other than the specified part.
So if one who possesses the five attributes commits unlawful sexual intercourse, he is stoned, whether his wife is with him or he has separated from her by death, she died from him, or life. And likewise for the woman, if her husband dies, it is not a condition that the wife remains with her husband. And the evidence for that is the saying of the Prophet (peace and blessings be upon him):