Continuation of the explanation of the author's statement: "If a married person commits unlawful sexual intercourse, he is stoned until he dies"
Machine translationRead the Arabic original
The Shaykh : ... so this serves to display the virtue of this Ummah (the Muslim community), and Allah knows best if there is another wisdom, but this is what we have arrived at. So, if a married person commits unlawful sexual intercourse, he is stoned until he dies.
The apparent meaning of the author's words is that he is not flogged before being stoned, is that right? He is stoned without flogging. Scholars have differed on this issue; some said he is flogged first and then stoned, while others said he is stoned without flogging. and this is general, isn't it? Does it include the married and the unmarried? So we flog him by the Book of Allah, which remains in its wording and meaning. They also cited the saying of the Messenger of Allah (peace and blessings be upon him) Mishkat al-Masabih 3558 and this is an authentic hadith, so the Prophet (peace and blessings be upon him) combined stoning and flogging. And 'Ali ibn Abi Talib (may Allah be pleased with him) said "I flog her by the Book of Allah and stone her by the Sunnah of the Messenger of Allah (peace and blessings be upon him)". Others said they are not combined, and they cited that this was the final ruling of the Messenger of Allah (peace and blessings be upon him), for he stoned al-Ghamidiyyah and did not flog her, and he said to the woman whose servant committed unlawful sexual intercourse with her, saying Mishkat al-Masabih 3555 and no flogging was mentioned, and he stoned Ma'iz ibn Malik and did not flog him. Also, there is no need for flogging when stoning is present, except for mere torture, because this man who has earned stoning, once stoned, has ended his life, so there is no need to torture him first and then stone him. This is the stronger position and the well-known view of the school of Imam Ahmad, as you see. And the author's statement "stoned until he dies" is "until" for the purpose or for the limit? For the limit.
The questioner : The answer ... .
The Shaykh : And the answer to the evidence of the first group is that it was abrogated; the flogging was abrogated. Then he said "stoned until he dies" until his death is confirmed. And if he dies, do we wash him, shroud him, pray over him, and bury him with the Muslims? The answer is yes, because he is a Muslim, and Allah forgave him the sin due to the hudud (fixed Qur'anic punishments) that was carried out on him. It is established that the Prophet (peace and blessings be upon him) prayed over those who were stoned, and this is the principle.
The apparent meaning of the author's words is that he is not flogged before being stoned, is that right? He is stoned without flogging. Scholars have differed on this issue; some said he is flogged first and then stoned, while others said he is stoned without flogging.
The woman who commits unlawful sexual intercourse and the man who commits unlawful sexual intercourse
الزانية والزانيSo flog them
فاجلدواReceive 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 فقد جعل الله لهن سبيلا، البكر بالبكر جلد مائة وتغريب عام، والثيب بالثيب جلد مائة والرجمAs for you, Unais, go to this man's wife, and if she confesses stone her to death.
يا أنيس اغد إلى امرأة هذا فإن اعترفت فارجمهاThe questioner : The answer ... .
The Shaykh : And the answer to the evidence of the first group is that it was abrogated; the flogging was abrogated. Then he said "stoned until he dies" until his death is confirmed. And if he dies, do we wash him, shroud him, pray over him, and bury him with the Muslims? The answer is yes, because he is a Muslim, and Allah forgave him the sin due to the hudud (fixed Qur'anic punishments) that was carried out on him. It is established that the Prophet (peace and blessings be upon him) prayed over those who were stoned, and this is the principle.