witnessed by men. However, if she testifies that she is ritqa (imperforate), or it is established that the man testified against is majbub (castrated/impotent), it is appropriate that the hadd must be applied to the witnesses; because their lie is certain in their testimony regarding a matter that many people do not know, therefore the hadd becomes mandatory for them.
Section: If four people testify against a man that he committed adultery with a woman, and four other people testify against the [original] witnesses that they are the ones who committed adultery with her, the hadd does not become mandatory upon any of them. This is the opinion of Abu Hanifa; because the first group has been impugned by the others through their testimony against them, and the latter group is susceptible to accusation. Abu al-Khattab chose the view that the hadd is mandatory upon the first group of witnesses; because the testimony of the latter is valid, so it is necessary to rule by it. This is the opinion of Abu Yusuf. Abu al-Khattab mentioned in the beginning of the issue a statement whose meaning is that none of them shall be punished with the hadd of adultery. And are the first group punished with the hadd of slander (qadhf)? There are two perspectives on this, based on whether the slanderer who comes as a witness is punished? There are two narrations.
Section: Every act of adultery that mandates the hadd is not accepted except through four witnesses, by the consensus of the scholars, due to the text encompassing it, in His saying the Almighty: "And those who accuse chaste women and then do not bring four witnesses, lash them with eighty lashes." This includes sodomy (liwat) and penetrating a woman in her anus; because it is adultery. According to Abu Hanifa, it is established by two witnesses, based on his principle that it does not mandate the hadd. We have already clarified the necessity of the hadd for it, and this is specified by the fact that penetration in the anus is a fahisha (indecency), based on the evidence of His saying the Almighty: ["Do you commit such immorality as no one has preceded you with from among the worlds?" And Allah the Almighty said]: "And those who commit unlawful sexual intercourse of your women – bring against them four [witnesses] from among you." So if
(48) In [B] and [M]: "the adulterers". (49) Omitted from: The original. (50) Surah An-Nur: 4. (51) In [B]: "for it is". (52) Surah Al-A'raf: 80. (53) Omitted from: [B]. Added from: A draft. (54) Surah An-Nisa: 15.