They were brought two Jews who had committed adultery after being muhsan (formerly married/chaste), and he ordered them to be stoned. It is narrated from Ibn Umar that the Jews came to the Prophet (peace and blessings of Allah be upon him) and said to him: A man and a woman among us have committed adultery. The Messenger of Allah (peace and blessings of Allah be upon him) said: "What do you find in the Torah regarding the matter of stoning?" They replied: We expose them and they are flogged. Abdullah bin Salam said: You have lied, for it contains the punishment of stoning. They brought the Torah and spread it out, and one of them placed his hand over the verse of stoning, reading what was before it and after it. Abdullah bin Salam said: Raise your hand. He raised his hand, and behold, the verse of stoning was therein. They said: You have spoken the truth, O Muhammad; the verse of stoning is in it. The Messenger of Allah (peace and blessings of Allah be upon him) ordered them, and they were stoned. This is agreed upon. Anas also narrated that a Jew killed a slave girl for her ornaments using a stone, so the Messenger of Allah (peace and blessings of Allah be upon him) had him killed between two stones. This is agreed upon. If he believes it is permissible, such as drinking wine, he is not subject to the hadd punishment because he does not believe it to be forbidden, and thus its penalty is not binding upon him, like disbelief. If he commits it openly, he is disciplined (ta'zir), because he has manifested a reprehensible act in the Abode of Islam, so he is disciplined for it, just like a Muslim.

Section: If a Muslim and a Dhimmi (protected non-Muslim) litigate, it is mandatory to judge between them without disagreement, because it is necessary to repel the oppression of each of them against the other.

1565 - Issue: He said: (And when a sane, adult, free person accuses a free Muslim man or a free Muslim woman [of adultery], he is flogged with the hadd of eighty lashes.)

Qadhf (false accusation of adultery): It is the act of accusing someone of adultery. It is forbidden by the consensus of the Ummah, and the basis for its prohibition is the Book and the Sunnah. As for the Book, it is the saying of Allah the Almighty: "And those who accuse chaste women and then do not bring four witnesses, lash them with eighty lashes and do not accept their testimony ever. And those are the defiantly disobedient." And He, the Exalted, said: "Indeed, those who accuse chaste, unwary, believing women..."