Imam Ahmad said: Ali, may Allah be pleased with him, was asked about Shuraha, whom he had stoned, and he said: "Do for her as you do for your dead." And Ali performed the funeral prayer over Shuraha (1). Malik said: Whoever the Imam kills as a prescribed punishment (hadd), we do not pray over him, because Jabir said in the hadith of Ma'iz: "He was stoned until he died, and the Prophet (may Allah bless him and grant him peace) spoke well of him, but did not pray over him." Agreed upon (2). Our evidence [to the contrary] is what Abu Dawud recorded with his chain of transmission from Imran ibn Husayn in (3) the hadith of the Juhaniyyah woman: The Prophet (may Allah bless him and grant him peace) commanded that she be stoned, then he commanded them, and they prayed over her. Umar then said: "O Messenger of Allah, do you pray over her when she has committed adultery?" He replied: "By the One in Whose hand is my soul, she has repented with a repentance that, if it were divided among seventy of the people of Medina, it would suffice them. Have you found any better than [that she gave] (5) her own self (4)?" (6). Al-Tirmidhi also recorded it, and it contains: "She was stoned, and he prayed over her." He said: This is a hasan sahih hadith (6). The Prophet (may Allah bless him and grant him peace) also said: "Pray over whoever says: There is no god but Allah" (7). Furthermore, he is a Muslim who, had he died before the punishment, would have been prayed over; therefore, he is prayed over after it, like the thief. As for the report regarding Ma'iz, it is possible that the Prophet (may Allah bless him and grant him peace) was not present, or was occupied with something else, or other [reasons], so it does not contradict what we have narrated.

1553 - Issue: He said: (And if a free, virgin person commits adultery, he is whipped one hundred times and banished for a year.)

This refers to someone (1) who has not attained Ihsan, even if he has previously been married. We have already mentioned Ihsan and its conditions. There is no disagreement regarding the obligation of whipping the adulterer if he is not in a state of Ihsan, as this has been clarified in the Book of Allah the Almighty by His statement: "The woman and the man guilty of adultery, flog each one of them with a hundred stripes" (2). The hadiths from the Prophet (may Allah bless him and grant him peace) came in conformity with what was brought by the Book. Along with the whipping, banishment for a year is obligatory, according to the opinion of the majority of scholars. This was narrated from the Rightly Guided Caliphs, and it was the opinion of Ubayy, Abu Dharr (3), Ibn Mas'ud, and Ibn Umar, may Allah be pleased with them (4). 'Ata', Tawus, al-Thawri, Ibn Abi Layla, al-Shafi'i, Ishaq, and Abu Thawr held this view. Malik and al-Awza'i said: The man is banished, but not the woman; because the woman requires protection and safeguarding, and she cannot be banished without a mahram, and it is not permissible to banish [her] without a mahram, due to the saying of the Prophet (may Allah bless him and grant him peace): "It is not permissible for a woman who believes in Allah and the Last Day to travel the distance of a day and a night except with a mahram" (5). Furthermore, banishing her without a mahram is an incitement for her toward immorality (1), and a cause for her to be lost. If she is banished with a mahram, it leads to banishing someone who is not an adulterer and exiling one who has committed no sin. If she is made to bear the cost of his travel, that is an addition to her punishment for which no provision has come in the Shari'ah, just as if it were added to the man's punishment. The specific report regarding banishment pertains only to the man, and this is what the Companions, may Allah be pleased with them, did. A general text may be specified because acting upon its generality necessitates contradicting its implication (mafhum), for it indicated (6) by its implication that it is not upon the adulterer...