when the penalties coincide and involve killing, other than that falls away, so a single penalty (20) is more appropriate. The argument for the first narration (21) is the saying of the Almighty: {The adulteress and the adulterer, lash each one of them with a hundred lashes} (22). This is general, then the Sunnah came with stoning in the case of the previously married (thayyib) and banishment in the case of the virgin (bikr), so it became obligatory to combine the two. 'Ali, may Allah be pleased with him, indicated this with his saying: "I lashed her according to the Book of Allah, and I stoned her according to the Sunnah of the Messenger of Allah (may Allah bless him and grant him peace)." The Prophet (may Allah bless him and grant him peace) explicitly stated in the hadith of 'Ubadah: "And the previously married for the previously married: lashing and stoning" (23). This explicit and established evidence with certainty is not to be abandoned except by its equivalent, and the remaining hadiths are not explicit; for he mentioned stoning and did not mention lashing, so the explicit text cannot be contradicted by it, proven by the fact that banishment becomes obligatory by its mention in this hadith, even though it is not mentioned in the verse. Furthermore, because he is an adulterer, he is lashed just like the virgin, and because two punishments have been legislated for the virgin: lashing and banishment, therefore two punishments are also legislated for the Muhsan (the married person): lashing and stoning, such that stoning takes the place of banishment. According to this narration, one begins with the lashing first, then he stones; if he performs them in succession (24), it is permissible because his destruction is intended, so succession between them does not matter. If he lashes him on one day and stones him on another, it is permissible, for 'Ali, may Allah be pleased with him, lashed Shuraha on Thursday, then stoned her on Friday, and then said: "I lashed her according to the Book of Allah Almighty, and I stoned her according to the Sunnah of the Messenger of Allah (may Allah bless him and grant him peace)."

The Third Section: Stoning is not obligatory except upon the Muhsan (the married person), by the consensus of the scholars. In the hadith of 'Umar: "Stoning is a right upon whoever commits adultery while having been Muhsan" (25). The Prophet (may Allah bless him and grant him peace) said: "The blood of a Muslim man is not permissible except for one of three [reasons]." He mentioned among them: "Or adultery after being Muhsan" (26). Ihsan (the state of being married) has seven conditions; the first of which is sexual intercourse in the vagina, and there is no disagreement regarding its conditionality; because