the hadd (8). Ma'mar said: 'Umar used to lash the hadd for innuendo. Al-Athram narrated that 'Uthman lashed a man who said to another: "O son of the shamat al-wadhri," implying the zina of his mother. The wadhri is a meat pot (9). He was implying (10) the genitals of men. Because a metaphor, when accompanied by a contextual marker (qarina) that points to one of its implications, is like an explicit statement that does not admit any other meaning; this is why divorce occurs via metaphor (kinaya). If, however, this is not in the context of a dispute, and there is no contextual marker pointing toward slander, then there is no doubt that it is not considered slander (11). Abu al-Khattab mentioned examples of innuendo, such as saying to someone else's wife: "You have disgraced him, covered his head, given him horns, saddled him with children from someone else, ruined his bed, and bowed his head." He mentioned two reports regarding all of this. Abu Bakr 'Abd al-'Aziz mentioned that Abu 'Abd Allah retracted the position regarding the obligation of the hadd in cases of innuendo.
Section: If he says to a man: "O dayyuth (cuckold)," or "O kashkhan," Ahmad said: He is to be subjected to ta'zir (discretionary punishment). Ibrahim al-Harbi said: The dayyuth is one who allows men to enter upon his wife. Tha'lab said: The qartaban is one who is pleased that men enter upon his wives (12). He said: The qarnan and the kashkhan, I have not seen them in the speech of the Arabs, and their meaning to the common people is the same as the meaning of dayyuth or close to it. Thus, the one who slanders with these is subject to ta'zir, based on the analogy of his statement regarding the dayyuth, because he has slandered him with something for which there is no hadd. Khalid ibn Yazid narrated from his father, regarding a man who says to another: "O qarnan," that if he has sisters or daughters in Islam, he is to be lashed with the hadd; meaning he is a slanderer of them. Khalid narrated from his father: The qarnan, according to the common people, is one who has daughters. The kashkhan is one who has sisters; meaning—and Allah knows best—if he allows men to enter upon them.
(8) Narrated by Imam Malik in: Chapter on the Hadd for Slander, Disavowal of Lineage, and Innuendo, from the Book of Penalties (Kitab al-Hudud). Al-Muwatta 2/829, 830. Al-Daraqutni in: Book of Penalties and Blood Money and others. Sunan al-Daraqutni 3/209. Al-Bayhaqi in: Chapter on the Hadd for Innuendo, from the Book of Penalties. Al-Sunan al-Kubra 8/252. (9) Wadhri: small pieces of meat. (10) Omitted from the original. (11) In B and M: "it is permissible." (12) In M: "his wife."