Chapter: The Two Unmarried Persons Are Flogged and Exiled: “The fornicatress and the fornicator: flog each of them with a hundred lashes, and let not compassion for them take hold of you in [the matter of] the religion of Allah, if you believe in Allah and the Last Day. And let a group of the believers witness their punishment. The fornicator shall not marry except a fornicatress or a polytheistess, and the fornicatress shall not be married except by a fornicator or a polytheist, and that is forbidden to the believers.”

The Reciter: Al-Bukhari (may Allah have mercy on him) said: Chapter: The Two Unmarried Persons Are Flogged and Exiled, , Ibn 'Uyaynah said: “Compassion in the execution of the hadd”

The Shaykh : The author (may Allah have mercy on him) says: "The chapter on the two virgins who are to be flogged and exiled." How many lashes? One hundred lashes. For this reason, the author explained it with the verse. And they are to be exiled from the land, from the town where the zina took place, for a period of one year. As for the man, it is apparent that he can be exiled without any problem. But as for the woman, if she is exiled, is she exiled without a mahram, or with a mahram? And is the mahram obligated to travel with her, or is he not obligated? We say: The original rule is that she does not travel except with a mahram; this is the original rule. But if we do not find a mahram, then she travels alone on the condition that there is safety. If there is no safety, then it is not permissible to send her, because how can we send her to a town where she will be corrupted? As for the verse, Allah the Exalted said: His saying: The address is to the believers in general, and it is well known that the one who establishes it is the Imam. But the reason for the address to all people is that they are responsible for establishing the hudud, because establishing the hudud is a collective obligation. "Mercy" means compassion with gentleness. And his saying: means in the hadd, because establishing the hudud is part of the religion, as 'Umar (may Allah be pleased with him) explicitly stated that stoning is an obligation in the Book of Allah. And his saying: this is a condition, so whoever is a believer, let him do this. This is from what they call "incitement," just as you say to a person: "If you are a man, do it," or "If you are generous, honor the guest," and the like. He said: The lam is for command, and it is for obligation. It is necessary that a group of believers witness the punishment, the minimum of the group being three. The minimum of the group is three believers. His saying: The scholars differed on this. Is the meaning that he does not marry, meaning he does not have intercourse, except with a zaniyah or a mushrikah? So the meaning would be that the zani does not commit zina except with a zaniyah or a mushrikah. Or is the meaning of "marriage" the actual marriage contract? And this is the correct view. The meaning is that he does not marry except a zaniyah or a mushrikah. How is that? Because if he is a zani, it is forbidden for a chaste woman to marry him. So if she marries him, either she is aware of the ruling and accepts it but has disobeyed, so she is a zaniyah, because she has permitted her private parts without a valid contract. Or she is not satisfied with the ruling but has chosen a ruling other than the ruling of Allah, so she is a mushrikah. This is the explanation of the verse, and it is a clear explanation. And likewise the other one, he said: So the zaniyah is not permissible to marry until she repents. If a person marries her and he is satisfied with the ruling of Allah and knows that it is haram, then he is a zani. And if he marries her not being satisfied with the ruling of Allah, then he is a mushrik. He said: meaning the marriage of the zaniyah or the marriage of the zani. And the one who forbade it is Allah (Mighty and Majestic). Yes, we have not read this. The commentary on the hadiths, O Hidayat Allah.