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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 12 · صفحة 356فصل

الترجمة · EN

confessed four times in a single gathering. We have already mentioned the hadith, and because it is one of the two pieces of evidence for adultery, it is sufficient in one gathering, like evidence (bayyina).

Section: It is considered for the validity of the confession that he mentions the reality of the act to remove any ambiguity, because "adultery" can be used to refer to something that does not require the hadd punishment. Ibn Abbas reported that the Prophet (may Allah bless him and grant him peace) said to Ma'iz: "Perhaps you kissed, or touched, or looked?" He said: "No." He said: "Did you have sexual intercourse with her?"—he did not use an allusion—and he said: "Yes." He said: "After that, he ordered him to be stoned." Narrated by al-Bukhari (7). In a narration from Abu Hurayra, he said: "Did you have sexual intercourse with her?" He said: "Yes." [He said]: "Until that [part] of you disappeared into that [part] of her?" He said: "Yes." He said: "Like the probe into the kohl container and the rope into the well?" He said: "Yes." He said: "Do you know what adultery is?" He said: "Yes, I came to her in an unlawful manner, just as a man comes to his wife in a lawful manner." And he mentioned the hadith. Narrated by Abu Dawud (8).

Section: If he confesses that he committed adultery with a woman and she denies him, the hadd is upon him, not her. This is the opinion of al-Shafi'i. Abu Hanifa and Abu Yusuf said: There is no hadd upon him, because we have believed her in her denial, so his confession is rendered a lie. Our evidence is what Abu Dawud narrated (9) with his chain from Sahl ibn Sa'd al-Sa'idi (10), from the Prophet (may Allah bless him and grant him peace), that a man came to him and confessed that he had committed adultery with a woman and named her for him. The Messenger of Allah (may Allah bless him and grant him peace) sent for the woman and asked her about it, and she denied that she had committed adultery, so he whipped him with the hadd and left her. Also, because its non-establishment regarding her does not invalidate his confession, just as if she had remained silent or if she had not been asked. Furthermore, the generality of the report entails the necessity of the hadd upon him (11) due to his own confession, and this is the statement of Umar: If there is pregnancy or...

الحواشي

(7) In: The Book of Hudud, Chapter: Does the Imam say to the confessor: Perhaps you touched or flirted? Sahih al-Bukhari 8/207. It was also narrated by Muslim in: The Book of Hudud, Chapter: Whoever confesses adultery against himself. Sahih Muslim 3/1320. And by Abu Dawud in: The Book of Hudud, Chapter: Stoning Ma'iz ibn Malik. Sunan Abi Dawud 2/457, 458. (8) This is the same narration previously cited from Abu Hurayra at the beginning of the issue. (9) In: The Book of Hudud, Chapter: If a man confesses to adultery but the woman does not confess. Sunan Abi Dawud 2/469. It was also narrated by Imam Ahmad in: Al-Musnad 5/339, 340. (10) Missing from: the original (al-Asl), B. (11) Missing from: the original (al-Asl).

السابقمجلد 12 · صفحة 356التالي
السابق12·356التالي