Discussion on the meanings of the two verses: “And those who commit immorality among your women, call for four witnesses from among you…”
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I seek refuge in Allah from the accursed Shaytan. We have previously mentioned that Allah the Exalted established the punishment for those who commit zina?
“Punish them and confine them in houses, or let Allah provide for them a way out.” That is complete.
The Shaykh : What is the way that Allah provided for them?
The student: The saying of the Prophet (peace and blessings be upon him) in the hadith of 'Ubadah ibn al-Samit:Mishkat al-Masabih 3558.
The Shaykh : Is this considered abrogation?
The student: It is not considered abrogation,
The Shaykh : Why?
The student: Because the ruling is temporary,
The Shaykh : Yes, the ruling is now temporary, not general for all times. So His saying:[An-Nisa 4:15]
The Shaykh : His saying:[An-Nisa 4:16] What is intended by it?
The student: It was said that it means a man approaching a man, and it was said that it means zina.
The Shaykh : Based on the second interpretation, how is[An-Nisa 4:16] derived?
Meaning we say in[An-Nisa 4:16], i.e., the two who commit zina? So the man is only punished, and the woman is confined,
The Shaykh : Confined?
The student: Until death comes to her, or Allah provides for her a way out.
The Shaykh : If a man approaches a man, this is one aspect, and there is no problem with it. The problem is with the saying of the one who says[An-Nisa 4:16] that they are the two who commit zina?
The student: Because the ruling for the woman who commits zina came before,
The Shaykh : Why was the plural used for women and the dual for men?
The student: Because zina is more common among women than among men, for the prostitutes in the pre-Islamic age of ignorance were like scattered locusts.
The Shaykh : According to the view that the meaning of[An-Nisa 4:16] is a man approaching a man, how is it valid for the one approached to be considered the one who approaches?
The student: Because the one approached had the same ruling as the one who acts. Well done, the one approached is like the one who acts.
“Punish them and confine them in houses, or let Allah provide for them a way out.” That is complete.
The Shaykh : What is the way that Allah provided for them?
The student: The saying of the Prophet (peace and blessings be upon him) in the hadith of 'Ubadah ibn al-Samit:
Receive my teaching, receive my teaching God has appointed a way for those women (Cf. Al-Qur'an, 4:15). When the parties are unmarried they shall receive a hundred lashes and be banished for a year when they commit fornication and when they have been married they shall receive a hundred lashes and be stoned to death.
خذوا عني خذوا عني قد جعل الله لهن سبيلا البكر بالبكر جلد مائة وتغريب عام والثيب بالثيب جلد مائة والرجمThe Shaykh : Is this considered abrogation?
The student: It is not considered abrogation,
The Shaykh : Why?
The student: Because the ruling is temporary,
The Shaykh : Yes, the ruling is now temporary, not general for all times. So His saying:
confine the guilty women to houses
فأمسكوهن في البيوتThe Shaykh : His saying:
And the two who commit it among you
واللذان يأتيانها منكمThe student: It was said that it means a man approaching a man, and it was said that it means zina.
The Shaykh : Based on the second interpretation, how is
And the two who commit it among you
اللذان يأتيانها منكمMeaning we say in
And the two who commit it among you
اللذان يأتيانها منكمThe Shaykh : Confined?
The student: Until death comes to her, or Allah provides for her a way out.
The Shaykh : If a man approaches a man, this is one aspect, and there is no problem with it. The problem is with the saying of the one who says
And the two who commit it among you
اللذان يأتيانها منكمThe student: Because the ruling for the woman who commits zina came before,
The Shaykh : Why was the plural used for women and the dual for men?
The student: Because zina is more common among women than among men, for the prostitutes in the pre-Islamic age of ignorance were like scattered locusts.
The Shaykh : According to the view that the meaning of
And the two who commit it among you
اللذان يأتيانها منكمThe student: Because the one approached had the same ruling as the one who acts. Well done, the one approached is like the one who acts.