and this constitutes a doubt (shubha) in warding off the hadd, because it is something that is warded off by doubts, and it is not mandatory by evidence, due to the possibility that he has a doubt (shubha) that he could not express and did not know to be a doubt. It is possible that the words of al-Khiraqi mean that the hadd is not mandatory upon him by his confession, because it is not sound, and because the hadd is not mandatory when there is a doubt, and the gesture does not negate the doubts. As for evidence, the hadd is mandatory upon him by it, because his statement with it is not considered.

Section: The confession of a coerced person is not valid. If a man is beaten to confess to adultery, the hadd is not mandatory upon him, and the adultery is not established against him. We do not know of any scholar who disagrees that the confession of a coerced person does not necessitate a hadd. It is narrated from Umar (may Allah be pleased with him) that he said: "A person is not trustworthy over himself when you starve him, beat him, or bind him." Narrated by Sa'id (15). Ibn Shihab said regarding a man who confessed after being lashed: There is no hadd upon him. And because confession only confirms what is confessed to when there is an impetus for honesty and the absence of suspicion; for a rational person does not charge himself with the intent of harming himself, and with coercion, it is most probable that he intended by his confession to repel the harm of coercion, so the probability of truthfulness is removed from it, and it is therefore not accepted.

Section: If he confesses that he had intercourse with a woman and claims she is his wife, and the woman denies that he is her husband, we examine the case: if the woman does not confess to his having had intercourse with her, there is no hadd upon him, because he did not confess to adultery, and there is no dowry (mahr) for her, because she does not claim it. If she confesses to his having had intercourse with her, and she admits that he committed adultery with her willingly, there is no dowry upon him either, nor is there a hadd upon either of them, unless he confesses four times; because the hadd is not mandatory without a confession four times. If she claims that he forced her, or that she was mistaken, the dowry is mandatory upon him, because he confessed