If a woman marries herself without a guardian and then her husband has intercourse with her, is he to be flogged or not?
Machine translationRead the Arabic original
The Shaykh : The question asks: If a woman marries herself without a guardian and then her husband has intercourse with her, is he to be flogged or not?
The student: He is not to be flogged.
The Shaykh : Yes, he is not to be flogged, because the hadith says:Jami` at-Tirmidhi 1102Hasan (Darussalam) and it did not say to flog her, because this is a doubt.
The questioner : If her marriage is not lawful.
The Shaykh : Yes, but this is a doubt. I say this is a doubt, and hudud are averted by doubts. Yes?
The questioner : Shaykh, the saying of the Prophet (peace and blessings be upon him):Sunan an-Nasa'i 3200Sahih (Darussalam) His saying "ring" indicates that it is ...
The Shaykh : What is it?
The student: Wearing a ring ...
The Shaykh : We mentioned this, we mentioned this. Yes?
The questioner : ...
The student: He is not to be flogged.
The Shaykh : Yes, he is not to be flogged, because the hadith says:
the Mahr is for her in lieu of what he enjoyed from her private part
فلها المهر بما استحل من فرجهاThe questioner : If her marriage is not lawful.
The Shaykh : Yes, but this is a doubt. I say this is a doubt, and hudud are averted by doubts. Yes?
The questioner : Shaykh, the saying of the Prophet (peace and blessings be upon him):
even if it is an iron ring
ولو خاتماً من حديدThe Shaykh : What is it?
The student: Wearing a ring ...
The Shaykh : We mentioned this, we mentioned this. Yes?
The questioner : ...