“Then they do not bring four witnesses, then flog them with eighty lashes” (23).

Section: If the witnesses to adultery are not complete, the hadd is mandatory upon them, according to the opinion of the majority of scholars, including Malik, al-Shafi'i, and the scholars of reason (Ashab al-Ra'y). Abu al-Khattab mentioned two narrations regarding them. It was also reported that there are two opinions from al-Shafi'i regarding them; one is that there is no hadd upon them because they are witnesses, so the hadd is not obligatory upon them, just as it would be if they were four and one of them was corrupt (fasiq). Our evidence is the saying of Allah the Almighty: “And those who accuse chaste women, then do not bring four witnesses, then flog them with eighty lashes” (23). This necessitates the flogging of every accuser who does not provide four witnesses for what he said. Furthermore, it is the consensus of the Companions, for Umar administered the hadd to Abu Bakra and his companions when the fourth did not complete their testimony, in the presence of the Companions, and no one denied it. Salih narrated in his “Masa'il”, with his chain of transmission from Abu 'Uthman al-Nahdi, who said: A man came to Umar and testified against al-Mughira ibn Shu'ba, and the color of Umar's face changed. Then another came and testified, and the color of Umar's face changed. Then another came and testified, and Umar found that grievous. Then a young man came, walking with a swagger, and Umar said: “What do you have, O (24) waste of an eagle?” And Umar shouted at him (25) a shout, upon which Abu 'Uthman said: By Allah, I nearly fainted. He said: “O Commander of the Faithful, I saw an ugly matter.” He said: “Praise be to Allah who did not allow the Satan to rejoice over the companions of Muhammad, may Allah bless him and grant him peace.” He said: So he ordered those people, and they were flogged. In another narration, when it was testified before Umar regarding al-Mughira, three testified, and Ziyad remained. Umar said: “I see a fine young man, and I hope Allah does not disgrace a man from the companions of Muhammad [the Messenger of Allah] (26), may Allah bless him and grant him peace, through his tongue.” He said: “O Commander of the Faithful (27), I saw private parts protruding, breath rising, and I saw her legs above his neck, looking like the ears of a donkey, and I do not know what was behind that.” Umar said: “Allah is the Greatest.” And he ordered the three,