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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The benefits of the hadith of Ma'iz.

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The Shaykh : Among the benefits of this hadith is the explicitness of the Companions (may Allah be pleased with them), as this man came and spoke to the Prophet (peace and blessings be upon him) in a loud voice in the mosque, with people present, stating that he had committed unlawful sexual intercourse, and he did not say, "I am shy," or anything similar to that.
Among its benefits is that the confession of a madman is not considered, based on his saying:
Are you mad? أبك جنون ؟
This is the stronger position. So if a madman said, "I owe so-and-so ten thousand riyals," he would not be held accountable for that. If he said, "I destroyed so-and-so's property," he would not be held accountable for that. If he said, "I divorced my wife," he would not be held accountable for that. Why?
Because he has no intellect. The correct view is that this ruling extends to the intoxicated person, for he has no intellect. If he reaches the point of losing his intellect, then he has no intellect. Likewise, according to the correct view, if a person becomes angry with intense anger that deprives him of his sanity, then his words are not considered, even if it is a divorce, zihar, or something else; it is not considered.
Among the benefits of this hadith is that unlawful sexual intercourse requires a confession four times, because the hadith states: "When he testified against himself four times." Thus, each instance of confession is in the position of a testimony. So if he confessed three times, the hadd would not be established against him until he confessed four times. And if he confessed five times, it is even more so.
There is scholarly disagreement on this issue, because the hadiths differ in this regard. The Messenger (peace and blessings be upon him) stoned al-Ghamidiyyah without repetition, and he stoned the woman of the man who hired a worker, and the worker committed unlawful sexual intercourse with the woman of the one who hired him. When he committed it with her, the people said to the father of the worker: "Your son is subject to stoning." So he bought his son with one hundred sheep and a slave girl. Then the scholars informed him that his son was not subject to that; he was not subject to stoning, but rather to a hundred lashes...
The scholars informed him that his son was only subject to a hundred lashes and exile for one year. So he came to the Prophet (peace and blessings be upon him) and informed him. The Prophet (peace and blessings be upon him) said to him:
The sheep and the slave girl are returned to you, and for your son is a hundred lashes and exile for one year. Go, O Anis—a man from Aslam—to the woman of this man, and if she confesses, then stone her. الغنم والوليدة رد عليك، وعلى ابنك جلد مائة وتغريب عام ، واغد يا أنيس -لرجل من أسلم -إلى امرأة هذا فإن اعترفت فارجمها
Musannaf Abd al-Razzaq 17:2308
He said: "If she confesses," and he did not say "four times," even though the situation required this. The situation is serious. If it were necessary to confess four times, he would have said: "If she confesses four times, then stone her."
This is the correct view: that the repetition of the confession is not a condition in unlawful sexual intercourse. If he confesses once, he has testified against himself. Allah the Exalted and Majestic only made four witnesses a condition in testimony so that the honor of people would not be violated, lest someone come and testify, saying, "So-and-so committed unlawful sexual intercourse." So four were necessary. As for a person himself, no one among people ever confesses to something while lying.
Then, if a person reflects on the case of Ma'iz, he finds that the Messenger (peace and blessings be upon him) suspected his matter, as indicated by his saying, "What is it?"
Are you mad? أبك جنون ؟
, and that he ordered someone to smell his scent. So the correct view is that a single confession is sufficient. The rest of the discussion on the benefits of the hadith will come, if Allah wills.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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