"And the most severe flogging is the flogging for zina, then for qadhf, then for drinking, then ta'zir"
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The Shaykh : He said: "And hold her hands so that she does not become exposed, and the most severe flogging is the flogging for zina, then for qadhf, then for drinking, then ta'zir"
"Most severe" means the strongest, that which is greater. Here, severity refers to the force of the strike. The author says the most severe is the flogging for zina. The basis for this is the saying of Allah the Exalted:[An-Nur 24:2] This indicates that we must be strict in this matter, that no compassion for them should take us in the religion of Allah. Also, because it is the greatest in number. If the Lawgiver considered the multiplicity of the number, then the quality follows the quantity; were it not that it must be stronger in quality, it would not be greater in number. So we have evidence and reasoning for this. Then comes qadhf. Qadhf is more severe than what follows it because its flogging is greater, as the one who accuses is flogged eighty lashes, meaning one hundred minus twenty. It is the one that follows the flogging for zina in quantity, so it should follow it in quality.
"Then drinking".Sunan Ibn Majah 3390Hasan (Darussalam). Accordingly, we say that the flogging for drinking intoxicants follows the flogging for qadhf. It will come, if Allah wills, whether the flogging for the drinker of intoxicants is a hadd or ta'zir.
He said: "Then ta'zir", meaning then the flogging of ta'zir. How much is the flogging of ta'zir? The school of thought is that it does not exceed ten lashes, except in issues that will be mentioned, if Allah wills, in the chapter on ta'zir.
Accordingly, ta'zir is ten lashes or fewer. For if we find a man who spent the whole night with a woman, kissing her and embracing her, yes, and having intercourse with her in other than the private parts, yes, and enjoying her to the utmost extent, but he did not have intercourse with her, and we find them in the morning and they confess to it, we flog them for that with ten lashes, the lightest flogging. It will come to us that this opinion is very weak, and the interests of people are not established by such a view, and harms are not averted by such a view ever. So, the severity of the flogging is arranged according to its quantity, because quality follows quantity. Thus, the most severe flogging is the flogging for zina, then for qadhf, then for drinking, then ta'zir. What is the meaning of qadhf? Qadhf is the accusation of zina or liwat. If one accuses a chaste person of zina or liwat, that is qadhf. It is said to this accuser: either you bring evidence, or the accused confesses, or you are flogged the hadd of eighty lashes, or you drop it by li'an if the accused is the wife.
"Most severe" means the strongest, that which is greater. Here, severity refers to the force of the strike. The author says the most severe is the flogging for zina. The basis for this is the saying of Allah the Exalted:
lash each one of them with a hundred lashes, and do not be taken by pity for them in the religion of Allah
فاجلدوا كل واحد منهما مائة جلدة ولا تأخذكم بهما رأفة في دين الله"Then drinking".
Every intoxicant is Khamr (wine) and every Khamr is unlawful.
كل مسكر خمر وكل خمر حرامHe said: "Then ta'zir", meaning then the flogging of ta'zir. How much is the flogging of ta'zir? The school of thought is that it does not exceed ten lashes, except in issues that will be mentioned, if Allah wills, in the chapter on ta'zir.
Accordingly, ta'zir is ten lashes or fewer. For if we find a man who spent the whole night with a woman, kissing her and embracing her, yes, and having intercourse with her in other than the private parts, yes, and enjoying her to the utmost extent, but he did not have intercourse with her, and we find them in the morning and they confess to it, we flog them for that with ten lashes, the lightest flogging. It will come to us that this opinion is very weak, and the interests of people are not established by such a view, and harms are not averted by such a view ever. So, the severity of the flogging is arranged according to its quantity, because quality follows quantity. Thus, the most severe flogging is the flogging for zina, then for qadhf, then for drinking, then ta'zir. What is the meaning of qadhf? Qadhf is the accusation of zina or liwat. If one accuses a chaste person of zina or liwat, that is qadhf. It is said to this accuser: either you bring evidence, or the accused confesses, or you are flogged the hadd of eighty lashes, or you drop it by li'an if the accused is the wife.