Thus, it encompasses the minimum upon which the designation applies, and the qasr (shortening of prayers) is termed travel, in which tayammum is permissible, as is performing supererogatory prayer upon a riding beast. He shall not be imprisoned in the land to which he has been exiled. This is the opinion of al-Shafi'i, whereas Malik said: He shall be imprisoned. We argue that this is an addition for which there is no scriptural warrant, so it is not prescribed, just like adding [a penalty] beyond the [full] year.

Section: If a stranger commits adultery, he is to be exiled to a land other than his homeland. If he commits adultery in the land to which he was exiled, he shall be exiled from it to a land other than the one from which he was previously exiled, because the command for exile encompasses him wherever he may be, and because he has become accustomed to the land in which he resided, so he must be distanced from it.

Section: The mahram (unmarriageable male relative) shall travel with the woman until he settles her in a location; then, if he wishes, he may return once he is assured of her safety, or if he wishes, he may remain with her until her year is completed. If he refuses to travel with her, she shall provide his wages. Our companions said: She shall pay from her own wealth because this is one of the expenses of her journey. It is possible that this is not obligatory upon her, because what is obligatory upon her is the exile itself, so nothing additional is required of her, just like the man. Furthermore, this is part of the cost of establishing the legal penalty, so it is not binding upon her, like the executioner's fee. Based on this, the fee shall be paid from the public treasury (bayt al-mal). According to the opinion of our companions, if she has no wealth, it shall be paid from the public treasury. If her mahram refuses to travel with her, he shall not be compelled. If she has no mahram, she shall be exiled in the company of trustworthy women. The ruling regarding the wages of those who travel with her among them is like the ruling regarding the wages of the mahram. If she is unable to find any, Ahmad said: She shall remain without a mahram. This is the opinion of al-Shafi'i, because there is no way to delay it, so it is analogous to travel for migration (hijrah) or Hajj if her mahram dies on the road. It is also possible that the exile is waived if she cannot find a mahram, just as the requirement for the Hajj journey is waived if she does not have a mahram, for her exile is an incitement for her toward wickedness and an exposure to tribulation, and the generality of the hadith is specified by the general prohibition against her traveling without a mahram.

Section: It is obligatory that a group (ta'ifah) of the believers be present for the legal penalty, for the saying of Allah the Exalted: "And let a group of the believers witness their punishment" (Surah al-Nur 2). Our companions said: A group is one or more. And this