more than the penalty mentioned therein, and making banishment obligatory for the woman necessitates an increase beyond that, while also causing the loss of its wisdom. For the legal penalty (hadd) was mandated as a deterrent against adultery, and banishing her is an incitement toward it and an enabling factor for it, even though it may be specified in the case of the previously married person (thayyib) by dropping the whipping, according to the opinion of the majority, so specifying it here is more appropriate.

Abu Hanifah and Muhammad ibn al-Hasan said: Banishment is not obligatory, because 'Ali, may Allah be pleased with him, said: "It is sufficient for them as a trial that they be banished (7)." It is also narrated from Ibn al-Musayyab that 'Umar banished Rabi'ah ibn Umayyah ibn Khalaf for [drinking] wine to Khaybar, and he fled to Heraclius and became a Christian. 'Umar then said: "I will never banish a Muslim after this again (8)." And because Allah the Almighty ordered the whipping (9) without banishment, so making banishment obligatory is an addition to the text. We respond by citing the saying of the Prophet (may Allah bless him and grant him peace): "The virgin for the virgin: one hundred lashes and a year of banishment (10)." Abu Hurayrah and Zayd ibn Khalid narrated that two men came to the Messenger of Allah (may Allah bless him and grant him peace) to resolve a dispute. One of them said: "My son was a hired servant for this man, and he committed adultery with his wife. I ransomed him [from the penalty] with one hundred sheep and a slave girl. I then asked men of knowledge, and they said: 'Your son is only subject to one hundred lashes and a year of banishment, and stoning is for the wife of this man.'" The Prophet (may Allah bless him and grant him peace) then said: "By Him in Whose Hand is my soul, I shall certainly judge between you according to the Book of Allah [the Almighty and Exalted] (11); your son is subject to one hundred lashes and a year of banishment." He whipped his son one hundred times and banished him for a year, and he ordered Unays al-Aslami to go to the wife of the other, and if she confessed, to stone her. She confessed, and he stoned her. This is agreed upon (12). In the hadith, he said: "I asked men of knowledge, and they said: 'Your son is only subject to one hundred lashes and a year of banishment.'" This indicates that this was well-known among them as part of the ruling of Allah the Almighty and the judgment of the Messenger of Allah (may Allah bless him and grant him peace). It has been said that the ones who told him this were Abu Bakr and 'Umar, may Allah be pleased with them. And because the Rightly Guided Caliphs performed the act of banishment, and we know of...