if he says to a man: "O mukhannath (effeminate)," or to a woman: "O qahba (prostitute)," and explains it as meaning something other than slander, such as intending by 'mukhannath' that he has the traits of effeminacy and resemblance to women, and by 'qahba' that she prepares for that, then there is no hadd upon him. The same applies if he says: "O fajira (immoral woman)," or "O khabitha (wicked woman)." Abu al-Khattab narrated another report regarding this, which is that it is an explicit slander and the hadd is obligatory for it. The correct view is the first one. Ahmad said in the report of Hanbal: "I do not see the hadd except upon one who explicitly states the slander and the insult." Ibn al-Mundhir said: "The hadd is upon one who sets forth the hadd explicitly." And because it is a statement that admits of meanings other than zina, it is not explicit regarding slander, just like his saying: "O fasiq (defiant transgressor)." If he explains any of that as meaning zina, then there is no doubt that it is slander.

Section: The reports from Ahmad differ regarding innuendo (ta'rid) of slander, such as if he says to someone he is disputing with: "You are not a fornicator," "People do not know you for zina," "O lawful one, son of the lawful one," or if he says: "I am not a fornicator, nor is my mother a fornicatress." Hanbal narrated from him: "There is no hadd upon him." This is the manifest view of al-Khiraqi’s statement and the choice of Abu Bakr. This is also the view of 'Ata', 'Amr ibn Dinar, Qatada, al-Thawri, al-Shafi'i, Abu Thawr, the People of Opinion (Ashab al-Ra'y), and Ibn al-Mundhir; based on what was narrated that a man said to the Prophet - peace and blessings of Allah be upon him -: "My wife has given birth to a black boy," implying disavowal of his lineage, yet neither a hadd nor anything else was imposed upon him for that. Allah the Exalted has distinguished between innuendo in marriage proposals and explicit statements of it, permitting innuendo during the 'idda (waiting period) and prohibiting explicit proposals; likewise is the case in slander. Also, because every statement that admits two meanings is not considered slander, just like his saying: "O fasiq." Al-Athram and others narrated from Ahmad that the hadd is upon him. This was also narrated from 'Umar, may Allah be pleased with him. Ishaq also held this view; because when 'Umar consulted them regarding the one who said to his companion: "My father is not a fornicator, nor is my mother a fornicatress," they said: "He has praised his father and mother," but 'Umar said: "He has alluded (ta'arrada) toward his companion," and he lashed him.