because of it. Muhan’na narrated from Ahmad that he asked him about a man who had intercourse with a woman and claimed she was his wife, while she denied that he was her husband, yet she confessed to the intercourse. He said: She has confessed to adultery against herself, but the hadd is warded off from him by his statement: 'She is my wife,' and there is no dowry upon him. The hadd is warded off from her until she confesses repeatedly. Ahmad said: The people of Medina hold the opinion that the hadd is mandatory upon her, following the saying of the Prophet (may Allah bless him and grant him peace): 'Go, O Unays, to the wife of this man; if she confesses, then stone her.' The response to their position has already been provided.

1560 - Issue: He said: (He does not retract from his confession until the hadd is carried out upon him.)

The gist of this is that a condition for executing the hadd by confession is remaining firm upon it until the completion of the hadd. If he retracts his confession or flees, he is left alone. This is the opinion of ‘Ata’, Yahya ibn Ya’mur, al-Zuhri, Hammad, Malik, al-Thawri, al-Shafi’i, Ishaq, Abu Hanifah, and Abu Yusuf. Al-Hasan, Sa’id ibn Jubayr, and Ibn Abi Layla said: The hadd is carried out upon him and he is not left alone; because Ma’iz fled and they killed him and did not leave him. It was narrated that he said: 'Take me back to the Messenger of Allah (may Allah bless him and grant him peace), for my people deceived me regarding myself and told me that the Messenger of Allah (may Allah bless him and grant him peace) would not kill me.' They did not desist from him until they killed him. Abu Dawud recorded it (1). If his retraction had been accepted, his blood money (diyah) would have been mandatory upon them. Furthermore, it is a right that became mandatory through his confession, so his retraction is not accepted, like other rights. It was narrated from al-Awza’i that if he retracts, he is punished for slander (firyah) against himself; and if he retracts regarding theft or drinking, he is beaten less than the hadd. Our argument is that Ma’iz fled, and it was mentioned to the Prophet (may Allah bless him and grant him peace), who said: 'Why did you not leave him, that he might repent and Allah might accept his repentance?' Ibn ‘Abd al-Barr said: It is established from the hadith of Abu Hurayrah, Jabir, Nu’aym ibn Hazzal, Nasr ibn Dahir, and others, that when Ma’iz fled and said to them, 'Take me back to the Messenger of Allah (may Allah bless him and grant him peace),' he said: 'Why did you not leave him, that he might repent and Allah might accept his repentance?'