son of an adulteress," there is no hadd for him. Ahmad explicitly stated this because he did not designate anyone specifically with the slander, and the same applies to similar cases. If he slanders a group for whom it is inconceivable that his slander could be true, such as if he slanders all the people of a large town with adultery, there is no hadd upon him, because he has not cast shame upon anyone other than himself, due to the knowledge of his falsehood.

Section: If he makes a claim against a man that he slandered him, and the man denies it, he is not to be made to swear an oath. This is the view of al-Sha'bi, Hammad, al-Thawri, and the Ahl al-Ra'y (the Rationalists). It is reported from Ahmad, may Allah have mercy on him, that he is made to swear an oath. Ibn al-Mundhir recorded this, and it is the opinion of al-Zuhri, Malik, al-Sha'fi'i, Ishaq, Abu Thawr, and Ibn al-Mundhir, based on the statement of the Prophet (may Allah bless him and grant him peace): "But the oath is upon the defendant." Furthermore, it is a human right, so an oath is required, as with a debt. The reasoning for the first position is that it is a hadd, so no oath is required, just as with adultery and theft. If he refuses to take the oath, the hadd is not carried out upon him, because the hadd is averted by ambiguities, so a verdict is not passed based on the refusal, as with all other hadd punishments.

1577 - Issue: He said: (And whoever kills or commits a hadd offense outside the Haram, then takes refuge in the Haram, is not to be transacted with or associated with until he leaves the Haram, at which point the hadd is carried out upon him).

The general principle is that whoever commits a crime necessitating death outside the Haram and then takes refuge within it, the penalty is not to be exacted upon him there. This is the opinion of Ibn 'Abbas, 'Ata', 'Ubayd ibn 'Umayr, al-Zuhri, Mujahid, Ishaq, al-Sha'bi, Abu Hanifa, and his companions. As for other than killing among all hadd punishments and qisas (retaliation) for anything less than life, there are two narrations from Ahmad: one is that it is not to be exacted from one who has taken refuge in the Haram. The second is that it is to be exacted. This is the school of Abu Hanifa because what is narrated from the Prophet (may Allah bless him and grant him peace) is a prohibition of killing, through his saying (peace be upon him): "No blood is to be shed in it." And the sanctity...