it was not mandatory for him due to intercourse with his own female slave; rather, it became mandatory due to intercourse with a stranger. Therefore, a change in her status does not cause it [the punishment] to fall, just as if she were to die.
Section: If he has intercourse with a woman against whom he has a right of retaliation (qisas), the hadd is binding upon him, because it is a right that he possesses against her, so the hadd does not drop for him, similar to a debt.
1562 - Issue: He said: (If he is stoned based on a confession, but retracts it before he is killed, he is spared. Likewise, if he retracts it after being whipped but before the completion of the hadd, he is released.)
The explanation of this issue has preceded, and we mentioned that the one who confesses to a hadd is left alone whenever he retracts his confession. Likewise, if he does something that indicates a retraction, such as fleeing, he is not pursued, because when Ma'iz fled, the Prophet (peace and blessings of Allah be upon him) said: "Why did you not let him go?" Furthermore, whoever has their retraction accepted before the commencement of the hadd, it is accepted after the commencement of it, like evidence.
= And the nature of these stratagems and their attribution to the religion of Islam is not hidden, and whether this is an appropriate attribution or a contradictory one! From this, the invalidity of the opinion that the hadd is dropped is apparent, and [it is clear] that this is among the invalid stratagems. (70) In [M]: "And if". (1) Its documentation has been provided previously on page 312. (2) In the original: "and the retraction". (3) Its documentation has been provided previously on page 356. (4) In [M]: "Barid". (5) In [B]: "Hafsah". He is Yazid ibn Abdullah ibn Khusayfah al-Kindi al-Madani. See: Tahdhib al-Tahdhib 11/340. (6) It was recorded by Abu Dawud in: The Chapter on prompting/counseling regarding the hadd, from the Book of Hudud, Sunan Abi Dawud 2/447. Al-Nasa'i in: The Chapter on prompting/counseling the thief, from the Book of Cutting the Thief, Al-Mujtaba 8/60. Ibn Majah in: The Chapter on prompting/counseling the thief, from the Book of Hudud, Sunan Ibn Majah 2/866. Al-Darimi in: The Chapter on the one who confesses to theft, from the Book of Hudud, Sunan al-Darimi 2/173. And Imam Ahmad in: Al-Musnad 5/293.
