For them among the Companions there was no dissenter, so it was an consensus (ijma'). Furthermore, the report indicates two penalties in the case of the previously married person (thayyib), and likewise in the case of the virgin (bikr). As for what they narrated from 'Ali, it is not established due to the weakness of its narrator (13) and its broken chain of transmission (irsal). Concerning the statement of 'Umar, "I will never banish a Muslim after this," it is possible that he meant (14) banishing him for the wine [offense] in which Rabi'ah encountered trial. Malik's opinion contradicts the generality of the report and analogy, because what is a legal penalty (hadd) for a man is also a legal penalty for a woman, like all other legal penalties. In my view, the opinion of Malik is the most correct and most balanced of all opinions; the generality of the report is specified by the report prohibiting a woman from traveling without a mahram (unmarriageable male relative). Analogizing it to other legal penalties is invalid, because the man and woman are equal in the harm resulting [from it, unlike] (15) this legal penalty. It is also possible to reverse this analogy by arguing that it is a legal penalty, so the woman should not have her penalty increased beyond what the man has, like all other legal penalties.

Section: The virgin adulterer shall be banished for a full year. If he returns before the year passes, his banishment shall be repeated until he completes the year while traveling, and he shall build upon what has already passed. A man is banished to the distance of qasr (travel distance for shortening prayers), because anything less than that is considered the status of residency, as evidenced by the fact that the rulings for travelers are not established for him, and he does not enjoy any of their concessions. As for the woman, if her mahram travels with her, she is banished to the distance of qasr. If her mahram does not travel with her, it is narrated from Ahmad that she is banished to the distance of qasr, like the man. This is the school of al-Shafi'i. It is also narrated from Ahmad that she is banished to less than the distance of qasr so that she may be near her family and they can protect her. Ahmad's words (16) could potentially mean that the distance of qasr is not a requirement for banishment, for he said, in the narration of al-Athram: "He is exiled from his jurisdiction to another jurisdiction." Abu Thawr and Ibn al-Mundhir said: If he were exiled to another village, even if it is a mile or less between them, it is permissible. Ishaq said: It is permissible to exile him from one city to another, and Ibn Abi Layla said something similar, because the command for exile came in an absolute sense, not restricted.