Chapter on What Necessitates Discretionary Punishment, Legal Punishment, Stoning, Execution, and Exile in Adultery

Hammad narrated from Hariz from Abu Abdullah عليه السلام: "Indeed, Imam Ali ibn Abi Talib عليه السلام found a man with a woman under one blanket, so he lashed each of them one hundred lashes, minus one lash."

Muhammad ibn Al-Fuḍayl narrated from Abu Al-Ṣabbah Al-Kinani from Abu Abdullah عليه السلام who said: I asked Imam عليه السلام about a man and a woman found under one blanket. Imam عليه السلام said: "Flog each of them one hundred lashes, one hundred lashes."

Aṣim ibn Humayd narrated from Muhammad ibn Qays from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام who said: "The Commander of the Faithful عليه السلام said: "A man or a woman shall not be flogged until four witnesses testify explicitly to the act of penetration and withdrawal." Imam عليه السلام also said: "I will not be the first among the four witnesses because I fear that one of them might retract their testimony, and I would then be subjected to flogging."

Faḍalah narrated from Dawud ibn Abi Yazid who said: I heard Abu Abdullah عليه السلام say: "The companions of the Messenger of Allah سبحانه وتعالى (peace be upon him and his family) said to Saʿd ibn Ubadah, 'What would you do if you found a man with your wife?' He (Sa'd) replied: 'I would strike him with the sword.' Then the Messenger of Allah سبحانه وتعالى (peace be upon him and his family) came out and said: 'What is this, O' Saʿd?' Saʿd said: 'They asked me what I would do if I found a man with my wife, and I said I would strike him with the sword.' The Prophet (peace be upon him and his family) said: 'O' Saʿd, but what about the requirement of four witnesses?' Saʿd replied: 'O' Messenger of Allah سبحانه وتعالى, even after seeing it with my own eyes and knowing, as Allah سبحانه وتعالى knows, that it has happened?' The Prophet (peace be upon him and his family) said: 'Yes, by Allah سبحانه وتعالى, even after you see it with your own eyes and Allah سبحانه وتعالى knows it has happened, because Allah سبحانه وتعالى, the Glorious and Exalted, has set limits for everything, and for whoever transgresses these limits, Allah سبحانه وتعالى has also prescribed a punishment.'"

Al-Hasan ibn Mahbub narrated from Aban, from Al-Halabi, from Abu Abdullah عليه السلام that Imam عليه السلام was asked about a married man who committed adultery with a woman, and three men and two women testified against him. Imam عليه السلام said: "The punishment of stoning becomes obligatory upon him. However, if two men and four women testify against him, their testimony is not accepted, and he is not stoned, but rather he is subjected to the prescribed punishment for a fornicator."

Shuayb narrated from Abu Baṣir who said that Abu Jafar عليه السلام said: "Imam Ali ibn Abi Talib عليه السلام ruled in the case of a man who married another man's wife, that the woman should be stoned, and the man should be given the prescribed punishment (for fornication). Imam عليه السلام then said: 'If I knew that you were aware (that she was already married), I would have crushed your head with stones.'"

The Commander of the Faithful عليه السلام brought out Shuraha Al-Hamdaniyyah, and the crowd became so dense that people were almost killing one another due to the overcrowding. When Imam عليه السلام saw this, Imam عليه السلام ordered her to be taken back until the crowd dispersed. Then she was brought out again, and the gate was closed. Imam عليه السلام said: "They stoned her until she died." Afterward, Imam عليه السلام commanded that the gate be opened, and whoever entered began cursing her. When Imam عليه السلام observed this, Imam عليه السلام called out through his announcer, "O' people! Restrain your tongues from her, for no punishment is carried out except that it serves as atonement for that sin, just as a debt is repaid by a debt."

Zur'ah narrated from Sama'ah who said: The Imam عليه السلام said: "If a man commits adultery and is flogged, it is not appropriate for the Imam to exile him from the land where he was flogged to another place. Rather, it is upon the Imam to expel him from the city in which he was flogged."

Hammad narrated from Al-Halabi who reported from Abu Abdullah عليه السلام that he said: "An elderly man and an elderly woman are to be flogged one hundred lashes and then stoned. A virgin man and a virgin woman are to be flogged one hundred lashes and exiled for a year. The exile is from one city to another. Indeed, Commander of the Faithful عليه السلام exiled two men from Kufa to Basra."

Hisham ibn Salim narrated from Sulayman ibn Khalid who said: I asked Abu Abdullah عليه السلام about the stoning mentioned in the Quran. Imam عليه السلام replied: "Yes." I asked: "How is it mentioned?" Imam عليه السلام said: "The old man and the old woman - stone them absolutely, for they have fulfilled their desire."

Al-Alaa narrated from Muhammad ibn Muslim, who reported from one of the two Imams (peace be upon them), who said: "If a man has intercourse with the slave woman of his wife, then upon him is the same punishment as that of a fornicator."

Hammad narrated from Al-Halabi, who reported from Abu Abdullah عليه السلام regarding a man who married off his slave woman to another man and then had intercourse with her. Imam عليه السلام said: "He is to be subjected to the legal punishment (Hadd)."

Muhammad ibn Abi Umayr narrated from Abdullah ibn Sinan, who reported from Abu Abdullah عليه السلام regarding a woman who took the virginity of a bondwoman with her hand. Imam عليه السلام said: "She must pay the dowry and is to be subjected to the legal punishment (Hadd)."

And in another narration: "She is to be given eighty lashes."

In the narration of Al-Halabi from Abu Abdullah عليه السلام, regarding a man who had intercourse with his slave woman who was in the process of being freed (mukatabah). Imam عليه السلام said: "If she had paid a quarter of the contract, he is to be given the prescribed punishment (the hadd), and if he was married (muhsan), he is to be stoned. However, if she had not paid anything, then there is nothing upon him."

Narrated by Al-Hasan ibn Mahbub from Muhammad ibn Al-Qasim, who said that Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام said: "Whoever has intercourse with his wife after the completion of her waiting period ('iddah) is to be subjected to the prescribed punishment (hadd). However, if he has intercourse with her before the completion of her waiting period, that act is considered a return (reconciliation) to her."

Narrated by Al-Hasan ibn Mahbub from Abu Ayyub, from Sulayman ibn Khalid, from Abu Basir, from Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام regarding a young boy who had not yet reached the age of ten and committed adultery with a woman. Imam عليه السلام said: "The boy is to be beaten with lashes but not subjected to the full prescribed punishment (hadd), whereas the woman is to be given the full hadd punishment." I asked: "What if she was married (muhsanah)?" Imam عليه السلام replied: "She is not to be stoned because the one who had intercourse with her is not mature. However, if he had been mature, she would have been stoned."

Narrated by Yunus ibn Ya'qub from Abu Maryam who said: I asked Abu Abdullah عليه السلام during the last time I met Imam عليه السلام, about a boy who had not reached puberty and committed adultery with a woman or fornicated with a woman. What should be done to them? Imam عليه السلام replied: "The boy is to be beaten but not subjected to the full prescribed punishment (hadd), while the hadd punishment is to be carried out on the woman." I then asked: "What if a young girl who has not reached puberty was found with a man committing fornication with her?" Imam عليه السلام replied: "The girl is to be beaten but not given the full hadd punishment, and the hadd punishment is to be carried out on the man."

Narrated by Al-Hasan ibn Mahbub from Hanan ibn Sadir who said: Indeed, Abbad Al-Makki said that Sufyan Al-Thawri told me, "I see that you have a close relationship with Abu Abdullah عليه السلام, so ask Imam عليه السلام about a man who committed adultery while he is ill. If the prescribed punishment (hadd) is carried out on him, they fear he might die. What is your opinion on this matter?" So I asked Imam عليه السلام, and Imam عليه السلام said to me: "Is this question from yourself, or did someone instruct you to ask about it?" I replied: "Sufyan Al-Thawri ordered me to ask you about it." Imam عليه السلام said: "The Messenger of Allah سبحانه وتعالى (peace and blessings be upon him and his family) was brought a man who was obese, his stomach was swollen, and the veins of his thighs were visible, and he had committed adultery with a sick woman. The Messenger of Allah سبحانه وتعالى (peace and blessings be upon him and his family) commanded that a palm branch with one hundred stalks be brought, and he struck him with it once and struck her with it once, and then he set them both free. This is in accordance with the saying of Allah سبحانه وتعالى Almighty: 'And take in your hand a bundle of thin grass and strike with it, and do not break your oath'." (Surah Sad 38:44)

Narrated by Musa ibn Bakr from Zurara who said: Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام said: "If a man were to take a bundle of rods or a branch containing multiple rods and struck someone with it once, it would suffice him for however many lashes he intended to administer, equal to the number of rods in that bundle."

Narrated by Abdullah ibn Al-Mughira, Safwan, and others, who reported it to Abu Abdullah عليه السلام, that Imam عليه السلام said: "If a married adulterer confesses, the Imam should be the first to stone him, followed by the people. But if the evidence is established against him, the witnesses should be the first to stone him, then the Imam, and then the people."

Narrated by Hammad from Al-Halabi from Abu Abdullah عليه السلام: "Indeed, Imam Ali ibn Abi Talib عليه السلام punished with the prescribed punishment (hadd) a man who married a woman during her postpartum bleeding (nifas) before she became pure."

Narrated by Aban from Zurara from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام who said: "A man is subjected to the prescribed punishment (hadd) while standing, and a woman while sitting. Every part of the body is struck except the face and the private parts."

In the narration of Sama'ah from Abu Abdullah عليه السلام, he said: "The punishment for adultery is the most severe of all prescribed punishments."

Talhah ibn Zayd narrated from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام from his father, Imam Muhammad ibn Ali Al-Baqir عليه السلام, that he said: "A person should not be stripped of their clothing nor stretched out (meaning tied or extended) for any legal punishment." Imam عليه السلام also said: "The adulterer should be beaten in the state in which they are found; if they are found unclothed, they are beaten while unclothed, and if they are found clothed, they are beaten while clothed."

Ibn Abi Umayr narrated from Hafs ibn Al-Bukhtari from Abu Abdullah عليه السلام who said: "A man was brought to Commander of the Faithful عليه السلام after being found beneath another man's bed. The Commander of the Faithful عليه السلام ordered that he be dragged through a public latrine."

Ali ibn Abi Hamzah narrated from Abu Basir from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام who said: I asked Imam عليه السلام about a man who commits adultery multiple times in a single day. Imam عليه السلام replied: "If he commits adultery with the same woman multiple times, then only one punishment (hadd) applies to him. However, if he commits adultery with different women in the same day or even in the same hour, then for each woman he has violated, a separate punishment (hadd) applies."

Yunus ibn Ya'qub narrated from Abu Maryam, who narrated from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام that a woman came to Commander of the Faithful عليه السلام and said: "I have committed adultery." Imam عليه السلام turned his face away from her. She moved to face Imam عليه السلام again and repeated: "I have committed adultery," but Imam عليه السلام turned away once more. She repeated it a third and then a fourth time. After the fourth confession, Imam عليه السلام ordered that she be detained. It was discovered that she was pregnant, so Imam عليه السلام waited until she gave birth. Afterward, Imam عليه السلام commanded that a pit be dug for her in the open space of Rahbah. Imam عليه السلام dressed her in a new garment and placed her into the pit up to her waist and chest level. Imam عليه السلام then closed the gate of Rahbah and threw a stone at her, saying, "In the name of Allah سبحانه وتعالى. O' Allah سبحانه وتعالى, in confirmation of Your Book and the Sunnah of Your Prophet." Then Imam عليه السلام instructed Qanbar to throw a stone at her. Afterward, Imam عليه السلام returned to his house and said: "O' Qanbar, permit the companions of Muhammad (peace be upon him and his family) to enter." They entered and began stoning her, each throwing a stone. When they were unsure whether to reuse the same stones or throw new ones while she was still alive, they said: "O' Qanbar, inform him that we have stoned her with our stones, but she is still alive. What should we do?" Imam عليه السلام replied: "Return to your stones," and they continued until she died. They asked: "She has now died, what should we do with her?" Imam عليه السلام said: "Hand her over to her family and instruct them to treat her as they would their deceased."

Sa'd ibn Tarif narrated from Al-Asbagh ibn Nubata who said: A man came to Commander of the Faithful عليه السلام and said: "O' Commander of the Faithful, I have committed adultery, so purify me." Commander of the Faithful عليه السلام turned his face away from him and then said to him: "Sit down." Then Imam Ali ibn Abi Talib عليه السلام turned to the people and said: "Is it beyond any of you, if he commits such a sin, to conceal it upon himself as Allah سبحانه وتعالى has concealed it for him?" The man stood up again and said: "O' Commander of the Faithful, I have committed adultery, so purify me." Imam Ali ibn Abi Talib عليه السلام asked him: "What led you to say what you have said?" He replied: "The desire for purification." Imam Ali ibn Abi Talib عليه السلام said: "And what purification is better than repentance?" Then Imam عليه السلام turned back to his companions, engaging them in conversation. Yet again, the man stood up and said: "O' Commander of the Faithful, I have committed adultery, so purify me." Imam Ali ibn Abi Talib عليه السلام asked him: "Do you recite anything from the Qur'an?" He replied: "Yes." Imam Ali ibn Abi Talib عليه السلام said: "Recite." So the man recited and did so correctly. Imam Ali ibn Abi Talib عليه السلام asked him: "Do you know what obligations are upon you from the rights of Allah سبحانه وتعالى, the Exalted, in your prayers and zakat?" The man answered: "Yes." Imam Ali ibn Abi Talib عليه السلام questioned him and the man answered correctly. Then Imam Ali ibn Abi Talib عليه السلام asked: "Do you suffer from any illness, or do you feel pain in your head, or any ailment in your body, or any distress in your chest?" The man replied: "O' Commander of the Faithful, no (I am not ill or distressed)." Imam Ali عليه السلام said: "Woe to you! Go until we inquire about you privately as we questioned you publicly. If you do not return to us, we will not pursue you." It is narrated that Imam Ali عليه السلام inquired about the man and was informed that he was in sound condition and that there was nothing about him that raised suspicion. However, the man returned and said: "O' Commander of the Faithful, I have committed adultery, so purify me." Imam Ali عليه السلام responded, "Had you not come to us, we would not have sought you out. But now, we cannot abandon you as Allah's سبحانه وتعالى ruling upon you has become binding." Then Imam عليه السلام addressed the people, saying: "O' people, it is sufficient for those present among you to carry out the stoning on behalf of those who are absent. I urge anyone among you who will be present tomorrow to cover his face with his turban so that none of you recognize the others. Come to me before dawn so that none of you look at one another, for we do not wish to look into the face of a man while we are stoning him with stones." The people came as instructed before the break of dawn. Imam Ali ibn Abi Talib عليه السلام addressed them again, saying: "I urge anyone among you, for the sake of Allah سبحانه وتعالى, who has a right like this upon himself to carry it out for Allah سبحانه وتعالى. For no one truly upholds Allah's سبحانه وتعالى right except that Allah سبحانه وتعالى will hold him accountable with the same." After that, some people departed, and by Allah سبحانه وتعالى, no one knew who they were until that moment. Then Imam Ali ibn Abi Talib عليه السلام himself threw four stones at the man, and the people followed by stoning him.

A woman came to the Commander of the Faithful, Imam Ali ibn Abi Talib عليه السلام, and said: "O' Commander of the Faithful, I have committed adultery, so purify me. May Allah سبحانه وتعالى purify you, for the punishment in this world is lighter than the punishment in the Hereafter, which never ends." Imam Ali ibn Abi Talib عليه السلام asked her: "From what should I purify you?" She replied: "From adultery." Imam عليه السلام then asked: "Are you a married woman or not?" She said: "I am married." Imam عليه السلام asked: "Was your husband present or absent?" She replied: "He was present." Imam عليه السلام said: "Wait until you give birth to what is in your womb, then come to me." As she turned away and could no longer hear him, Imam عليه السلام said: "O' Allah سبحانه وتعالى, this is one testimony." Not long after, she returned and said: "I have given birth. Purify me." Imam عليه السلام feigned ignorance and said: "Purify you from what, O' servant of Allah سبحانه وتعالى?" She replied: "I have committed adultery and have given birth, so purify me." Imam عليه السلام asked her again, "Were you married when you did what you did or not?" She said: "Yes, I was married." Imam عليه السلام asked: "Was your husband absent or present?" She answered: "He was present." Imam عليه السلام said: "Go and nurse your child." As she turned away and could no longer hear him, Imam عليه السلام said: "O' Allah سبحانه وتعالى, these are two testimonies." After she had nursed her child, the woman returned to the Commander of the Faithful, Imam Ali ibn Abi Talib عليه السلام, and said: "O' Commander of the Faithful, I have committed adultery, so purify me." Imam عليه السلام asked her: "Were you married when you did what you did or not?" She replied: "Yes, I was married." Imam عليه السلام asked: "Was your husband present or absent?" She answered, "He was present." Imam عليه السلام said: "Go and care for your child until he becomes aware enough to eat, drink, not fall from a roof, and not stumble into a well." The woman turned away weeping, and when she was far enough not to hear him, Imam Ali عليه السلام said: "O' Allah سبحانه وتعالى, this is the third testimony." As she was crying, Amr ibn Hurayth met her and asked: "Why are you crying?" She replied: "I went to the Commander of the Faithful عليه السلام and asked him to purify me, but he told me to care for my child until he eats, drinks, does not fall from a roof, and does not stumble into a well. I am afraid that death will come to me before I am purified." Amr ibn Hurayth said to her: "Return, for I will take responsibility for your child." She returned to Imam Ali عليه السلام and informed him of Amr's offer. Imam Ali عليه السلام asked her: "Why would Amr take responsibility for your child?" She said: "O' Commander of the Faithful, I have committed adultery, so purify me." Imam عليه السلام asked: "Were you married when you committed this act?" She replied: "Yes." Imam عليه السلام then asked: "Was your husband present or absent?" She replied: "He was present." At this, the Commander of the Faithful, Imam Ali ibn Abi Talib عليه السلام, raised his head toward the sky and said: "O' Allah سبحانه وتعالى, I have confirmed this against her with four testimonies. And You سبحانه وتعالى have said to Your Prophet (peace be upon him and his family) regarding Your سبحانه وتعالى religion: 'O' Muhammad صلى الله عليه وعلى آله وسلم, whoever abandons one of My سبحانه وتعالى prescribed punishments has opposed Me سبحانه وتعالى and contended with Me سبحانه وتعالى in My سبحانه وتعالى dominion'. 'O' Allah سبحانه وتعالى, I do not abandon Your سبحانه وتعالى punishments, nor do I seek to oppose You سبحانه وتعالى or contend with You سبحانه وتعالى. I do not neglect Your سبحانه وتعالى rulings but rather obey You سبحانه وتعالى and follow the Sunnah of Your سبحانه وتعالى Prophet." Amr ibn Hurayth then said: "O' Commander of the Faithful, I only offered to take responsibility for her child because I thought you would like that. But if you dislike it, I will not do it." Imam Ali ibn Abi Talib عليه السلام responded: "After four testimonies by Allah سبحانه وتعالى, you will indeed take responsibility for him, and you will do so in humility." Then Imam Ali ibn Abi Talib عليه السلام stood up, ascended the pulpit, and said: "O' Qanbar, call out among the people that the prayer is gathering." The people gathered until the mosque was full. Then Imam Ali ibn Abi Talib عليه السلام said: "O' people, your Imam will go out with this woman at noon to carry out the prescribed punishment upon her, God willing." Then Imam Ali ibn Abi Talib عليه السلام descended from the pulpit. When the morning came, Imam عليه السلام went out with the woman, and the people followed, disguised and veiled with their turbans, holding stones in their hands, hidden in their cloaks and sleeves. They proceeded until they reached the open area (Al-Zuhr). Imam Ali ibn Abi Talib عليه السلام ordered a pit to be dug for her, and she was buried in it up to her waist. Imam عليه السلام then mounted his mule, placed his foot firmly in the stirrup, put his index fingers into his ears, and called out in a loud voice: "O' people! Verily, Allah سبحانه وتعالى the Blessed and Exalted entrusted His Prophet (peace be upon him and his family) with a trust, and His Prophet صلى الله عليه وعلى آله وسلم entrusted me that none should carry out the prescribed punishment except one upon whom there is no prescribed punishment from Allah سبحانه وتعالى. Therefore, whoever among you has a punishment upon him from Allah سبحانه وتعالى like the punishment upon her, let him not execute the punishment upon her." Upon hearing this, all the people left that day, except for the Commander of the Faithful Imam Ali ibn Abi Talib عليه السلام and Imam Hasan ibn Ali عليه السلام and Imam Hussain ibn Ali عليه السلام. They alone carried out the prescribed punishment upon her, and none of the people remained with them.

Imam Jafar ibn Muhammad Al-Sadiq عليه السلام said: A man came to Isa عليه السلام (Jesus), the son of Mariyum عليه السلام (Mary), and said: "O' Spirit of Allah سبحانه وتعالى, I have committed adultery, so purify me." Isa عليه السلام ordered a public announcement to be made: "Let no one remain behind; everyone must come out for the purification of this man." When the people had gathered and the man stood in the pit, the man called out, "Let no one execute the punishment upon me except one who has no prescribed punishment from Allah سبحانه وتعالى upon him." Upon hearing this, all the people dispersed, leaving only Prophet Yahya عليه السلام and Prophet Isa عليه السلام. Yahya عليه السلام approached the man and said: "O' sinner, advise me." The man replied: "Do not leave your soul alone with its desires, lest it destroys you." Yahya عليه السلام said: "Give me more advice." The man said: "Do not shame a sinner for his sin." Yahya عليه السلام asked: "Give me more advice." The man said: "Do not become angry." Yahya عليه السلام responded, "That is enough for me."

Imam Jafar ibn Muhammad Al-Sadiq عليه السلام was asked about a person sentenced to stoning who attempts to flee. Imam عليه السلام replied: "If the person confessed to the crime himself, he should not be brought back. However, if witnesses testified against him, he must be returned." It has also been narrated: "If the person had already been struck and felt the pain of the stones, he should not be brought back. But if he had not yet felt the pain of the stones, he should be returned."

In the narration from Al-Sakuni, it is reported that three individuals testified against a man for committing adultery. Imam Ali ibn Abi Talib عليه السلام asked: "Where is the fourth witness?" They replied: "He is coming now." Imam Ali ibn Abi Talib عليه السلام then said: "Administer the punishment to them, for there is no delay in enforcing legal punishments."

Abdullah ibn Sinan narrated from Ismail ibn Jabir, who reports by Abu Abdullah عليه السلام. I asked Imam عليه السلام: "May Allah سبحانه وتعالى have mercy on you, who is considered Muhsan?" Imam عليه السلام replied: "Whoever has lawful access to a spouse in the morning and evening, he is Muhsan."

In the narration of Wahb ibn Wahb from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام from his father, Imam Muhammad ibn Ali Al-Baqir عليه السلام, from his forefathers (peace be upon them), it is reported that: Imam Ali ibn Abi Talib عليه السلام was brought a man who had intercourse with his wife's bondwoman, and she became pregnant. The man claimed: "She (the wife) gifted her to me," but the woman (wife) denied it. Imam Ali ibn Abi Talib عليه السلام said: "Either you bring me witnesses, or I will stone you with stones." When the woman saw this, she confessed, so Imam Ali ibn Abi Talib عليه السلام carried out the prescribed punishment (Hadd) on her.

It is narrated by Al-Hasan ibn Mahbub from Al-'Alaa from Muhammad ibn Muslim from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام regarding a man who has intercourse with his wife's bondwoman without her permission. Imam عليه السلام said: "He is subjected to the punishment of a fornicator - he is to be lashed one hundred times." Imam عليه السلام further said: "However, he is not to be stoned if he commits fornication with a Jewish, Christian, or slave woman. But if he commits fornication with a free woman while he has a lawful free wife, then he is subject to stoning (rajm)." Imam عليه السلام also explained: "Just as a slave woman, a Jewish woman, and a Christian woman do not establish him as a muhsan (one in a valid marital state), so too he is not subjected to the punishment of a muhsan if he commits fornication with a Jewish, Christian, or slave woman while having a free wife."

In the narration of Muhammad ibn Amr ibn Sa'id, it is reported that a woman came to Umar and said: "O' (political) Commander of the Faithful, I have committed fornication, so establish upon me the punishment of Allah, the Almighty and Majestic." Umar ordered that she be stoned. Imam Ali ibn Abi Talib عليه السلام, the (divinely appointed) Commander of the Faithful, was present and said: "Ask her how she committed fornication." So they asked her, and she said: "I was in a desolate area of the land, and I was overtaken by severe thirst. Then, I saw a tent in the distance, so I went toward it and found an Arab man inside. I asked him for water, but he refused to give me any unless I allowed him access to myself. I turned away from him and fled, but my thirst intensified until my eyes sank in, and my tongue became dry. When the thirst overwhelmed me, I returned to him, and he gave me water to drink and then had his way with me." Imam Ali ibn Abi Talib عليه السلام said: "This is the case that Allah, the Almighty and Majestic, referred to in His سبحانه وتعالى words: 'But whoever is compelled by necessity, neither desiring [it] nor transgressing [its limit], there is no sin upon him.' (Surah Al-Baqarah 2:173). This woman neither sought it nor transgressed, so release her." Umar then said, "If not for Ali عليه السلام, Umar would have perished."

Abu Basir narrated from Imam Abu Abdullah عليه السلام that he was asked about a man against whom evidence was established that he had committed adultery, but then he escaped. Imam عليه السلام replied: "If he repents, then there is nothing upon him. However, if he is caught by the Imam before his repentance, the prescribed punishment (Hadd) will be carried out upon him. And if the Imam knows his whereabouts, he should send someone to bring him."

In the narration of Safwan and Ibn Al-Mughira from someone who reported from Imam Abu Abdullah عليه السلام, he said: "If a muhsan (married) fornicator confesses, the first to stone him must be the Imam, followed by the people. But if evidence is established against him, then the first to stone him must be the witnesses, followed by the Imam, and then the people."

Narrated by Al-Hasan ibn Mahbub from Yazid Al-Kunasi, he said: I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام about a woman who married during her waiting period (iddah). Imam عليه السلام said: "If she married during the waiting period after the death of her husband before the completion of four months and ten days, then she is not to be stoned, but she must be given one hundred lashes. However, if she married during the waiting period of a revocable divorce (where her husband could have taken her back), then she is subject to stoning. And if she married during the waiting period of an irrevocable divorce (where the husband had no right to return to her), then she is subjected to the punishment of an unmarried adulterer, which is lashes and not stoning. Moreover, if a Christian man commits fornication with a Muslim woman and, when apprehended for the execution of the punishment, he embraces Islam, the ruling for him is that he should be beaten until he dies. This is because Allah سبحانه وتعالى, the Exalted, says: 'But when they saw Our punishment, they said: "We believe in Allah سبحانه وتعالى alone and disbelieve in what we used to associate with Him." But their faith was of no benefit to them when they saw Our punishment, which has been the way of Allah سبحانه وتعالى with His servants, and the disbelievers there and then were doomed to ruin.'" (Surah Ghafir 40:84-85)

Al-Hasan ibn Mahbub narrated from Ali ibn Ri'ab, who reported from Abu Abdullah عليه السلام regarding a slave who marries a free woman and is later emancipated but then commits an immoral act. Imam عليه السلام said: "There is no stoning (rajm) upon him until he engages in intercourse with the free woman after his emancipation." I asked: "Does the free woman have the option (to leave him) when he is freed?" Imam عليه السلام replied: "No, for she accepted him while he was a slave, and he remains upon his original marriage."

In the narration of Al-Sakuni: It is reported that Imam Ali ibn Abi Talib عليه السلام was brought a man who had committed an offense deserving of a legal punishment (hadd), and the man had numerous sores on his body. Imam Ali ibn Abi Talib عليه السلام said: "Delay the execution of the punishment until he recovers. Do not aggravate his sores, lest you kill him."

It is narrated by Asim ibn Humayd from Muhammad ibn Qays from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام that he was asked about a married woman who committed adultery and became pregnant. After giving birth, she secretly killed her child. Imam عليه السلام said: 'She is to be lashed one hundred times for committing fornication, another hundred lashes for killing her child, and she is to be stoned because she was married (muhsanah).' I then asked him about an unmarried woman who committed fornication, became pregnant, and then secretly killed her child. Imam عليه السلام said: 'She is to be lashed one hundred times for committing fornication and another hundred lashes for killing her child.'

It is narrated by Ibrahim ibn Hashim from Muhammad ibn Hafs from Abdullah ibn Sinan from Abu Abdullah عليه السلام who said: "If an elderly man and an elderly woman commit adultery, they should first be lashed and then stoned as a punishment for them. If a middle-aged man commits adultery and he is married (muhṣan), he should be stoned but not lashed. However, if a young man commits adultery, he should be lashed one hundred times and exiled for one year from his city."

It is narrated from Abu Abdullah Al-Mu'min through Ishaq ibn Ammar who said: I asked Abu Abdullah عليه السلام: "Is adultery worse or drinking wine? And why is the punishment for drinking wine eighty lashes, while for adultery it is one hundred?" Imam عليه السلام replied: "O' Ishaq, the punishment is the same, but it was increased in the case of adultery because it involves wasting the seed and placing it in a place other than where Allah سبحانه وتعالى, the Almighty and Majestic, has commanded."

It is narrated from Muhammad ibn Isma'il through Salih ibn Uqbah from Abu Shibl who said: I asked Abu Abdullah عليه السلام about a Muslim man who committed adultery with the bondwoman of his brother. What is his repentance? Imam عليه السلام replied: "He should go to him, inform him of what he has done, and ask him to pardon him, and he must not repeat the act." I asked: "What if his brother does not pardon him?" Imam عليه السلام said: "Then he will meet Allah سبحانه وتعالى, the Mighty and Majestic, as an adulterer and a betrayer." I asked: "Will Hellfire be his destination?" Imam عليه السلام replied: "The intercession of Muhammad (peace be upon him and his family) and our intercession encompasses your sins, O' Shia community. But do not return to such acts and do not rely on our intercession, for by Allah سبحانه وتعالى, no one will attain our intercession if he commits this sin until he experiences the pain of punishment and witnesses the terror of Hell."

It is narrated from Ammar ibn Musa Al-Sabati that Abu Abdullah عليه السلام said: I asked Imam عليه السلام about a man against whom three men testified that he had committed adultery with a certain woman, but the fourth witness testified that he did not know with whom the man had committed adultery. Imam عليه السلام replied: "He is neither to be punished with lashes nor stoned." Imam عليه السلام was also asked about a married woman who committed adultery and was pregnant. Imam عليه السلام said: "She should be kept until she gives birth to what is in her womb and nurses her child, then she is to be stoned."

It is narrated from Al-Hasan ibn Mahbub, from Rabi' Al-Asam, from Al-Harith ibn Al-Mughira who said: I asked Abu Abdullah عليه السلام about a man who had a wife in Iraq but committed adultery in the Hijaz. Imam عليه السلام said: "He will be punished with one hundred lashes as the punishment for adultery but will not be stoned." I asked: "What if he and his wife were in the same city, but he was imprisoned and unable to go to her, nor could she visit him, and he committed adultery in prison?" Imam عليه السلام replied: "He is like one who is absent from his family and will be lashed one hundred times."

Muhammad bin Ahmad bin Yahya narrated from Muhammad bin Al-Husayn in a marfu' report, who said: Regarding the prescribed punishment (hadd) in travel, in which if one commits adultery, he is not stoned if he is married, it was said: "If he shortens the prayer and breaks his fast, then he is not considered married (muhsan)."

In the narration of Talhah ibn Zayd from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام from his father, Imam Muhammad ibn Ali Al-Baqir عليه السلام, it is reported that Imam Ali ibn Abi Talib عليه السلام said: "There is no compensation (Uqr) upon a fornicator, and there is no punishment upon a woman who was coerced (mukraha)."

In the narration of Aṣim from Muhammad ibn Muslim, he said: I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام about a man who commits adultery but has not consummated marriage with his wife. Is he considered muhsan (legally married and liable for stoning)? Imam عليه السلام replied: "No, and not with a bondwoman (amah) either."

Rifaah ibn Musa asked Abu Abdullah عليه السلام about a man who commits adultery before consummating his marriage with his wife. Should he be stoned? Imam عليه السلام replied: "No." I asked: "Should they be separated if he committed adultery before consummating the marriage?" Imam عليه السلام replied: "No."

Jamil narrated from Zurarah, from one of the Imams (peace be upon them), regarding a man who forcibly violated a Muslim woman. Imam عليه السلام said: "He is to be killed."

In the narration of Ibn Mahbub from Abu Ayyub from Burayd from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام, regarding a man who forcibly violated a woman. Imam عليه السلام said: "He is to be killed, whether he is married or unmarried."

In the narration of Al-Hasan ibn Mahbub from Abu Ayyub, who heard Ibn Bukayr narrating from one of the Imams (peace be upon them), it is reported: "Whoever commits fornication with a close relative (one prohibited in marriage) until intercourse occurs, he is to be struck with the sword in a blow that takes from him whatever it takes. And if she consented to him, she is to be struck with the sword in a blow that takes from her whatever it takes." It was asked: "And who carries out the punishment upon them when they have no accuser?" Imam عليه السلام replied: "That is up to the Imam when the case is presented to him."

In the narration of Jamil from Abu Abdullah عليه السلام, he said: "His neck is to be struck," Or Imam عليه السلام said: "His throat."

In the narration of Al-Sakuni, it was reported to Imam Ali ibn Abi Talib عليه السلام that a man had committed fornication with his father's wife, so Imam عليه السلام ordered him to be stoned, even though he was not married (non-muhṣan).

In the narration reported by Al-Hasan ibn Mahbub from Ali ibn Riʾab from Abu Ubaydah from Abu Jafar عليه السلام, regarding a man upon whom a legal punishment (hadd) was due but he was not punished until he became mentally disturbed. Imam عليه السلام said: "If he had confessed to the hadd upon himself while he was sound in mind and free from any mental illness, then the hadd must be carried out on him regardless of his current state."