Section: If a hadd becomes binding upon a dhimmi or an apostate, and he flees to the Dar al-Harb (territory of war) and then returns, the hadd does not lapse for him. Abu Hanifa said: It lapses. Our evidence is that it is a hadd that has become binding, so it does not lapse by entering the Dar al-Harb, just as if he were a Muslim who entered with a pledge of security.

1571 - Issue; He said: (And whoever slanders a polytheist, a slave, a Muslim who is under ten years old, or a Muslim woman who is under nine years old, shall be disciplined and not be subjected to the hadd.)

We have already mentioned that Islam, freedom, and reaching the age at which one like him could engage in intercourse are conditions for the obligation of the hadd upon the one who slanders him. If one of these is absent, the hadd is not obligatory upon the slanderer, but he must be disciplined (ta'zir) as a deterrent for him against the honor of those who are protected (ma'sumin), and to restrain him from harming them. The threshold for a minor, the slandering of whom does not obligate a hadd, is that the boy reaches ten [years] and the girl reaches nine, according to one of the two narrations. That has already been mentioned.

Section: If the slanderer and the slandered person disagree, and the slanderer says: 'You were small when I slandered you,' and the slandered person says: 'You were a grown adult,' the judge stated that the word is the word of the slanderer, because the original state is smallness and the freedom of the liability from the hadd. If the slanderer produces evidence that he slandered him while he was small, and the slandered person produces evidence that he slandered him while he was a grown adult, and both were general, or were dated with two different dates, then these are two acts of slander; the requirement of one is ta'zir, and the second is the hadd. If they both specify a single date, and one of them says, 'He was small,' and the other says, 'He was a grown adult,' they contradict each other and both are dropped. Likewise, if the date of the slandered person's evidence is before the date of the slanderer's evidence.

1572 - Issue; He said: (And whoever slanders one who was a polytheist, and says: 'I intended that he committed zina'