Section: When we say that the hadd is obligatory for the accusation of someone who has not reached the age of puberty, its administration is not permitted until he reaches puberty and demands it after his puberty, because his demand before puberty does not necessitate the hadd due to his words not being considered. His guardian does not have the right to demand it on his behalf, because it is a right legislated for personal satisfaction, so no one else may stand in his place in its execution, similar to qisas (retribution). Therefore, when he reaches puberty and demands it, it is then administered. If he accuses someone who is absent, the hadd is not administered upon him until he [the victim] arrives and demands it, unless it is proven that he demanded it during his absence. It is possible that its administration is not permitted in his absence under any circumstances, because it is possible that he may forgive [the accuser] after the demand, which would constitute a doubt (shubha) in warding off the hadd, for the hadd is warded off by doubts. If he accuses a sane person, and that person becomes insane after the accusation and before his demand, its administration is not permitted until he recovers and demands it, and the same applies if he becomes unconscious. However, if he had demanded it before his insanity or unconsciousness, its administration is permitted, just as if he had appointed an agent to execute qisas, and then he became insane or unconscious before its execution.

1567 - Issue: He said: "And if the accuser is a male slave or a female slave, he shall be lashed forty [times], with a whip lighter than the one with which a free person is lashed."

The scholars have reached a consensus on the obligation of the hadd upon a slave if he accuses a free, chaste person, because he is included in the generality of the verse, and his hadd is forty [lashes] according to the opinion of the majority of scholars. It was narrated from Abdullah ibn Amir ibn Rabi'a that he said: "I reached Abu Bakr, Umar, Uthman, and those who came after them among the Caliphs, and I did not see them strike a bondsman when he accused [someone] except with forty [lashes]." And Khilas narrated that Ali said concerning a slave who accused...