regarding you with the judgment of the Messenger of Allah (peace and blessings of Allah be upon him): if she had made her lawful for you, we would have flogged you one hundred times, and if she had not made her lawful for you, we would have stoned you (29) with stones. They found that she had indeed made her lawful for him, so he flogged him one hundred times. If she becomes pregnant from this intercourse, does paternity attach to him? There are two narrations: one of them is that it attaches to him, because it is intercourse that does not necessitate (30) a legal punishment, so paternity attaches to him, like intercourse with a jointly owned slave woman. The other is that it does not attach to him, because it is intercourse without ownership or a doubt of ownership (31), resembling [the married adulterer] (32).

Section: There is no legal punishment for a coerced woman according to the opinion of the general body of scholars. This is narrated from Umar, al-Zuhri, Qatada, al-Thawri, al-Shafi'i, and the scholars of opinion (ashab al-ra'y). We know of no dissenter regarding this, and this is based on the saying of the Messenger of Allah (peace and blessings of Allah be upon him): "My nation has been pardoned for mistakes, forgetfulness, and what they have been coerced into (33)." From 'Abd al-Jabbar ibn Wa'il (34), from his father, that (35) a woman was coerced during the era of the Messenger of Allah (peace and blessings of Allah be upon him), and he averted the punishment from her. Al-Athram transmitted it (36). He said: Slave women from the government slave women were brought to Umar, and they had been coerced by youths from the government youths, so he struck the youths and did not strike the slave women (37). Sa'id transmitted with his chain of transmission from Tariq ibn Shihab, who said: A woman who had committed adultery was brought to Umar, and she said: I was asleep and did not wake up until a man was looming over me. So he let her go and did not strike her (38).