Those who said that if she commits zina and is not married, she is to be flogged; do they not cite this hadith? For the Prophet (peace and blessings be upon him) said, “So flog them,” and if it were
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The questioner : Shaykh, may Allah reward you. Those who said that if she commits zina and is not married, she is to be flogged. I say, do they not cite this hadith? For the Prophet (peace and blessings be upon him) said And if this were a matter of ta'zir, would he not have said, “Admonish them,” without specifying flogging?
The Shaykh : If it were a matter of a hadd, I mean?
The questioner : Yes, indeed
The Shaykh : It is undoubtedly, as we told you, that the correct view is that if she is not married, she is to be flogged with a flogging that serves as a deterrent.
The questioner : But the hadith is?
The Shaykh : In the chapter of debate, one might say to you: “Flog them” is stated in general terms and is to be understood in light of the specific, meaning: flog them with the flogging of the fornicator, one hundred lashes or fifty lashes.
The questioner : But here it says:, and there it says in the... it says: So the general is not to be understood in light of the specific.
The Shaykh : The flogging is not to be understood in that way; the word “flog them” is general. What do we flog her with?
The questioner : I mean, if one who holds that the general is to be understood in light of the specific in the verse, I say this is not accepted, because...
The Shaykh : In any case, it is undoubtedly the correct view, this correct view, that she is to be flogged with a flogging that serves as a deterrent only.
So flog them
فاجلدوهاThe Shaykh : If it were a matter of a hadd, I mean?
The questioner : Yes, indeed
The Shaykh : It is undoubtedly, as we told you, that the correct view is that if she is not married, she is to be flogged with a flogging that serves as a deterrent.
The questioner : But the hadith is
So flog them
فاجلدوهاThe Shaykh : In the chapter of debate, one might say to you: “Flog them” is stated in general terms and is to be understood in light of the specific, meaning: flog them with the flogging of the fornicator, one hundred lashes or fifty lashes.
The questioner : But here it says:
If she is not married
إذا لمن تحصنIf she is married
فإذا أحصنThe Shaykh : The flogging is not to be understood in that way; the word “flog them” is general. What do we flog her with?
The questioner : I mean, if one who holds that the general is to be understood in light of the specific in the verse, I say this is not accepted, because...
The Shaykh : In any case, it is undoubtedly the correct view, this correct view, that she is to be flogged with a flogging that serves as a deterrent only.