Continuation of the explanation of the author's statement: "And if a slave is forty"
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The Shaykh : And this is in the context of His saying, the Exalted: [An-Nisa 4:25] This limit, meaning the limit for false accusation of adultery, is halved just as the limit for unlawful sexual intercourse is halved. Therefore, the fact that a slave is [punished with] forty is a matter of analogical reasoning. Some scholars said that if he is free or a slave, he is to be flogged eighty lashes because the verse is general. The right belongs to whom? It belongs to the one accused. The one accused of unlawful sexual intercourse has his honor defiled, whether the accuser is free or a slave. So the matter is clear here, because the limit there belongs to whom? The limit belongs to Allah. And the ugliness and heinousness of unlawful sexual intercourse differs between a free person and a slave, so its punishment differs. But here, the harm is upon whom? It is upon the one accused. And the one accused says, "My honor has been defiled, whether the accuser is free or a slave."
So the correct opinion in my view is the second one: that he is to be flogged eighty lashes, whether he is free or a slave. The evidence for us in this is the generality of His saying, the Exalted:[An-Nur 24:4], and because there is no meaning to halving the punishment for a slave when the ruling concerns whom? It concerns another person. This is unlike unlawful sexual intercourse. Therefore, the analogical reasoning is not valid.
Then he said: "And the one who is partially freed is [punished] according to his calculation".
if they should commit adultery, then for them is half the punishment for free [unmarried] women
فإن أتين بفاحشة فعليهن نصف ما على المحصنات من العذابSo the correct opinion in my view is the second one: that he is to be flogged eighty lashes, whether he is free or a slave. The evidence for us in this is the generality of His saying, the Exalted:
And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes
والذين يرمون المحصنات ثم لم يأتوا بأربعة شهداء فاجلدوهم ثمانين جلدةThen he said: "And the one who is partially freed is [punished] according to his calculation".
