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Text and translation
English translation
1434. 'Ubādah bin Aṣ-Ṣāmiṭ narrated: "The Messenger of Allāh ﷺ said: 'Take from me. For Allāh
has a way made for them: For the married person who commits adultery with a married person is one hundred lashes, then stoning. And for the virgin who commits adultery with a virgin is one hundred lashes and banishment for a year.” (Sahih)
[Abū ‘Eisā said:] This Hadīth is Ḥasan Ṣaḥīḥ. This is acted upon according to some of the people of knowledge among the Companions of the Prophet ﷺ. Among them were ‘Alī bin Abī Tālib, Ubayy bin Ka’b, ‘Abdullāh bin Mas’ūd, and others. They said the married is lashed and stoned. This was followed by some of the people of knowledge, and it is the view of Aḥmad and Ishaq. Some of the people of knowledge among the Companions of the Prophet ﷺ – among them were Abū Bakr and others – said that the married person is only stoned, not lashed. Similar to this has been reported from the Prophet ﷺ in a Hadīth other than this one, in the story of Mā’iz and others, in which he ordered stoning and did not order that he be lashed before stoning. This is acted upon according to some of the people of knowledge. It is the view of Sufyān Ath-Thawrī, Ibn Al-Mubārak, Ash-Shāfi’ī, and Aḥmad.
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Footnotes
1
[1] See no. 1440 also.
Commentary
Most of the A’immah; Mālik, Ash-Shāfi’ī, and Aḥmad, are of the opinion that a married adulterer should not be lashed before the punishment of stoning to death. An-Nakha’ī, Al-Awzā’ī, Ath-Thawrī also have the same opinion.
According to Alī, Ubay bin Ka'b, Abū Dharr, Hasan Al-Baṣrī, Ishāq, Dāwūd and Ibn Mundhir, first he should be whipped, and then stoned.
