"If a person of legal age falsely accuses a chaste person, he is to be flogged eighty lashes if he is a free man, and forty if he is a slave."
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The Shaykh : The author said: "If a person of legal age falsely accuses a chaste person, he is to be flogged eighty lashes if he is a free man, and forty if he is a slave"
"If a person of legal age falsely accuses", who is a person of legal age? The adult of sound mind, whether this adult of sound mind is male or female, so that if a woman falsely accuses a man, the hadd of false accusation is carried out against her.
The term "person of legal age" was used by him (may Allah have mercy on him) for the sake of clarification, although it has already been established for us in the general conditions for hudud that the one subject to the hadd must be an adult of sound mind.
"If a person of legal age falsely accuses a chaste person", the "chaste person" here is not the same as the "chaste person" in the chapter on zina. The author will mention it, saying: the free, Muslim, sane, chaste, committed person who has intercourse with his like.
Unlike the definition in the chapter on zina.
The author's statement "a chaste person" is an indefinite noun in the context of a condition, so it encompasses whether the chaste person is a woman or a man. The word "chaste" means a chaste person, and we understood it this way for what reason? For the sake of inclusiveness and generality.
"He is to be flogged eighty lashes if he is a free man". "Flogged" is a past tense verb in the passive voice, so who does the flogging? It has been established for us that no one carries out the hudud except the imam or his deputy, and this is the well-known position in the madhhab and the truth. Some scholars said that the hadd of false accusation is carried out by the accused against the accuser if we consider it a right of the accused. If we consider it a right of Allah, then the one who carries it out is the imam. The disagreement on this will be discussed later.
And his statement: "He is to be flogged eighty lashes if he is a free man". If who is a free man? If the accuser is a free man, he is flogged eighty lashes. The evidence is the statement of Allah the Exalted:[An-Nur 24:4-5] This noble verse says "they falsely accuse chaste women," and "chaste women" is a sound feminine plural. Is this specific to women or general? Is the generality by wording or by meaning? The apparent meaning of the noble verse is that it is specific to women, but some scholars say that "chaste women" is a description of a described noun that is omitted, and they differed in estimating it. Some said the estimation is "the chaste private parts," and others said "the chaste orifices," in which case it would be general here, encompassing men and women.
Those who said the meaning is "orifices" cited as evidence the statement of Allah the Exalted:[Al-Anbya 21:91] So the orifice is chaste, but there is no doubt that this is an interpretation contrary to the apparent meaning of the verse, and that the apparent meaning is that it refers to women. However, men are like women in this by consensus, so its generality is a generality of meaning, due to the lack of difference between men and women in this matter.
Allah arranged three things for false accusation: flogging, and what else? In the verse, the rejection of testimony, and the third is open sinfulness. Then He said:[Al-Baqarah 2:160] Does this exception lift the three rulings? Or does it lift the last ruling? Or does it lift the last ruling and the one before it?
The last one, without a doubt.[Al-Baqarah 2:160] Meaning, if they repent from false accusation, the description of open sinfulness is removed from them, and they return to justice. This is without a doubt, because the exception is from the nearest mentioned, and that has occurred.
Some scholars said that it refers to the last one and the one before it, and that if he repents, his testimony is accepted. If he repents and returns, his testimony is accepted.
As for the first ruling, it does not return to him by consensus, except that some said if we consider it a right of Allah and he repents before the ability to carry it out, it is dropped, so they made it refer to the three.
We return now to the author's words. He says: "He is to be flogged eighty lashes if he is a free man, and forty if he is a slave", meaning, and if he is a slave, he is flogged forty lashes. The evidence? They said because the hadd is halved for a slave, and the evidence for that has been mentioned previously, which is in the statement of Allah the Exalted.
"If a person of legal age falsely accuses", who is a person of legal age? The adult of sound mind, whether this adult of sound mind is male or female, so that if a woman falsely accuses a man, the hadd of false accusation is carried out against her.
The term "person of legal age" was used by him (may Allah have mercy on him) for the sake of clarification, although it has already been established for us in the general conditions for hudud that the one subject to the hadd must be an adult of sound mind.
"If a person of legal age falsely accuses a chaste person", the "chaste person" here is not the same as the "chaste person" in the chapter on zina. The author will mention it, saying: the free, Muslim, sane, chaste, committed person who has intercourse with his like.
Unlike the definition in the chapter on zina.
The author's statement "a chaste person" is an indefinite noun in the context of a condition, so it encompasses whether the chaste person is a woman or a man. The word "chaste" means a chaste person, and we understood it this way for what reason? For the sake of inclusiveness and generality.
"He is to be flogged eighty lashes if he is a free man". "Flogged" is a past tense verb in the passive voice, so who does the flogging? It has been established for us that no one carries out the hudud except the imam or his deputy, and this is the well-known position in the madhhab and the truth. Some scholars said that the hadd of false accusation is carried out by the accused against the accuser if we consider it a right of the accused. If we consider it a right of Allah, then the one who carries it out is the imam. The disagreement on this will be discussed later.
And his statement: "He is to be flogged eighty lashes if he is a free man". If who is a free man? If the accuser is a free man, he is flogged eighty lashes. The evidence is the statement of Allah the Exalted:
(4) And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes and do not accept from them testimony ever after. And those are the defiantly disobedient, (5) Except for those who repent thereafter and reform, for indeed, Allah is Forgiving and Merciful.
والذين يرمون المحصنات ثم لم يأتوا بأربعة شهداء فاجلدوهم ثمانين جلدة ولا تقبلوا لهم شهادة أبدا وأولئك هم الفاسقون إلا الذين تابواThose who said the meaning is "orifices" cited as evidence the statement of Allah the Exalted:
And [mention] the one who guarded her chastity
والتي أحصنت فرجهاAllah arranged three things for false accusation: flogging, and what else? In the verse, the rejection of testimony, and the third is open sinfulness. Then He said:
Except for those who repent
إلا الذين تابواThe last one, without a doubt.
Except for those who repent
إلا الذين تابواSome scholars said that it refers to the last one and the one before it, and that if he repents, his testimony is accepted. If he repents and returns, his testimony is accepted.
As for the first ruling, it does not return to him by consensus, except that some said if we consider it a right of Allah and he repents before the ability to carry it out, it is dropped, so they made it refer to the three.
We return now to the author's words. He says: "He is to be flogged eighty lashes if he is a free man, and forty if he is a slave", meaning, and if he is a slave, he is flogged forty lashes. The evidence? They said because the hadd is halved for a slave, and the evidence for that has been mentioned previously, which is in the statement of Allah the Exalted.