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Text and translation
English translation
1462. Ibn ‘Abbās narrated that the Prophet ﷺ said: “If a man says to another man: ‘O you Jew’ then beat him twenty times. If he says: ‘O you effeminate’ then beat him twenty times. And whoever has
relations with someone that is a Mahram then kill him.” (Da’if)
[Abū ‘Eisā said:] We do not know of this Hadīth except from this route. Ibrāhīm bin Ismā‘īl was graded weak in Hadīth.
It has been reported from the Prophet ﷺ through other routes; it has been reported from Al-Barā’ bin ‘Azīb and Qurrah bin Iyās Al-Muzanī, that a man married a previous wife of his father, so the Prophet ﷺ ordered that he be killed. This is acted upon according to our companions. They say that whoever has relations with someone that is a Mahram and he knows, then he is to be killed.
Ahmad said whoever has relations with his mother then he is to be killed. Ishāq said that whoever has relations with someone who is a Mahram then he is to be killed.
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Footnotes
1
[1] Meaning, they abandoned narrating from him.
Commentary
In the light of this narration, if someone gives an offensive and objectionable nickname to a Muslim brother he can be punished under Islamic Law. Marrying a step mother or other close relatives (Mahārīm) is prohibited. Adultery is an extremely disgusting act and a capital offence. He who marries his step mother or fornicates with other close relatives, the punishment of Hadd is not applied on him, he is killed. In awarding this punishment there is no difference between married or unmarried person, punishment is the same and instant. (Tuhfat Al-Ahwadhi v. 2. p. 339.)
