who was brought to Umar ibn al-Khattab, had no husband, and was pregnant. Umar questioned her, and she said: 'I am a woman who is a deep sleeper; a man came upon me while I was sleeping, and I did not wake up until he had finished.' Thus, he warded off the hadd from her. [Al-Nazzal ibn Sabra] narrated from Umar that a pregnant woman was brought to him, and she claimed she was coerced, so he said: 'Let her go.' He wrote to the commanders of the armies that no one should be executed except with his permission. It is narrated from Ali and Ibn Abbas that they both said: 'If the hadd contains a "perhaps" or "maybe," then it is suspended.' Al-Daraqutni recorded with his chain of transmission from Abdullah ibn Mas'ud, Mu'adh ibn Jabal, and Uqbah ibn Amir that they said: 'If a hadd becomes doubtful to you, then ward it off as much as you can.' There is no disagreement that the hadd is warded off by misconceptions, and these are present here.

Section: If a man hires a woman [to do something] and commits adultery with her, or he hires her for the purpose of committing adultery with her and does so, or if he commits adultery with a woman and then marries her or buys her, the hadd is binding upon both of them. This is the opinion of the majority of scholars. Abu Hanifa said: There is no hadd upon them in these instances [unless he hires her to do something]; because his ownership of her usufruct is a misconception that wards off the hadd, and one is not subjected to hadd for intercourse with a woman he owns. Our argument is the generality of the Qur'anic verse, the reports, and the existence of the meaning that necessitates the obligation of the hadd. As for their statement that his ownership of her usufruct is a misconception, it is not correct; for if the hadd is not dropped from him by her offering [herself to him] and her compliance with him, then it being dropped by his ownership of the usufruct of another object is even less likely. Furthermore, the hadd is not made mandatory by the act of having intercourse with his own female slave; rather, it became mandatory because of the intercourse with a stranger, so the change in her status does not cause it to fall, just as if she were to die.