Explanation of the Book of Fitnahs and Rulings-08a

The reciter: Ibn Shihab said, “So inform me of who heard Jabir ibn 'Abd Allah say: “I was among those who stoned him in the prayer area”.” It was narrated by Yunus, Ma'mar, and Ibn Jurayj from al-Zuhri from Abu Salama from Jabir from the Prophet (peace and blessings be upon him) regarding stoning.

The Shaykh : The ruling: It has been established that adjudication in the mosque is permissible, but if a judge rules in the mosque with a hudud punishment, is the punishment carried out in the mosque? The answer is no; it is not permissible to carry out hudud punishments in mosques due to the fear of noise, defilement, or the like. Therefore, hudud punishments are not carried out in mosques. When a judge rules against a person, he orders him to leave the mosque and the punishment is carried out on him, as the author (may Allah have mercy on him) used this as evidence. And in his saying (peace and blessings be upon him): there is evidence that the confession of a madman is not considered valid because he is not of sound mind. Likewise, if a person’s mind is lost due to something other than madness, such as old age, which is called senility, his confession regarding anything is not considered valid because he has no mind. And his saying: “Because he testified against himself four times,” those who hold that the hadd for zina is not established except by four confessions used this as evidence. However, it has been mentioned that this is contradicted by the hadith of whom? The woman with whom the hired worker committed zina; the woman was his employer’s, and he was a young man. The Prophet (peace and blessings be upon him) ruled that he be flogged one hundred lashes and pay compensation. As for the woman, he said: Yes.

The questioner : ...

The Shaykh : How?