The Ocean of the Quran

A verse by verse explanation of The Ultimate Scripture

Al-Nūr – Verse 2

الزّانِيَةُ وَالزّاني فَاجلِدوا كُلَّ واحِدٍ مِنهُما مِائَةَ جَلدَةٍ ۖ وَلا تَأخُذكُم بِهِما رَأفَةٌ في دينِ اللَّهِ إِن كُنتُم تُؤمِنونَ بِاللَّهِ وَاليَومِ الآخِرِ ۖ وَليَشهَد عَذابَهُما طائِفَةٌ مِنَ المُؤمِنينَ

As for the fornicatress and the fornicator, strike each of them a hundred lashes, and let not pity for them overcome you in Allah’s law, if you believe in Allah and the Last Day, and let their punishment be witnessed by a group of the faithful.

EXEGESIS

Zāniyah (fornicatress) and zānī (fornicator) are the active participles from zināʾ, which linguistically refers to an illicit relationship between a man and a woman that is not socially acceptable.[1] In pre-Islamic Arabia, when the act was done amongst two willing participants, without expecting anything in exchange, it was named zināʾ. However, when it was done in exchange for something like a payment, it was baghy (prostitution), as we see for example in verse 33 of this surah.[2] The jurists have defined zināʾ in a specific way; for that legal definition see the forthcoming discussion.

In English it is often called fornication (or sometimes adultery), but because that term is somewhat ambiguous, a more precise – though slightly more verbose – translation of zināʾ would be ‘unlawful sexual intercourse’.

Ijlidū (strike) and jaldah (lashes) both come from the same root of jild, which is said to refer originally to the surface portion of a human’s or an animal’s body[3] (i.e. their skin or hide). It also carries the meaning of toughness.[4] It has been proposed that the shared meaning of all these is the tough protective layer which surrounds something.[5] In any case, the word is used to refer to skin, like in the verse, They will say to their skins (julūd) (41:21). However, here it means those lashes which are struck on the skin as punishment for wrongdoing.

It is said that God has used the expression jaldah to emphasise that the punishment should not be excessive in the sense that the pain should not penetrate deeper than the skin (jild).[6] It has similarly been pointed out by some that this is evidence that the lashes should make contact with the skin, although this is not unanimous and there are also certain exceptions to that (such as women). For example, some have allowed clothing to be worn as long as it is not too thick.[7]

Notably, ijlidū is the plural imperative, and is directed here at the Muslim community as a whole, however per the stipulations that we have tried to clarify.

Dīn (law) has many different meanings depending on the context. It is said the common thread between all of these is submission to a specific set of rules.[8] In this sense it is commonly used to refer to religion. In the context of this verse, it is said to mean obedience to God.[9] It is also reported from Ibn Abbas that it means the law (ḥukm) of God, like in the verse, He could not have held his brother under the king’s law (dīn) (12:76).[10]

Ṭāʾifah (group) is the feminine active participle of ṭāfa, meaning to circle around or encircle.[11] Originally it means a group of people who would go from one place to another,[12] then it was used for any group of people, although linguists have said it can even refer to a single person (see below for more).[13]

Raʾfah (pity) means to show sympathy and care.[14] In this case it is pity for the one who has committed the sin.

EXPOSITION

After the brief introduction of the previous verse, we are now introduced immediately to one of the rulings that God has made obligatory in His book. This verse speaks of one of the forms of maximum penalties, or ḥadd (pl. ḥudūd) punishments prescribed by the Quran. The punishment prescribed here relates to the act of zināʾ. It is said that in the early days of Islam the punishment for it was house arrest, as per the verses of Sūrat al-Nisāʾ: Those of your women who commit an indecent act, produce against them four witnesses from yourselves, and if they testify, detain them in [their] houses until death finishes them, or Allah decrees a course for them. Should two among you commit it, chastise them both; but if they repent and reform, let them alone. Indeed Allah is all-clement, all-merciful (4:15-16). It is claimed that verses 4:15-16 were then abrogated by verse 2 of this surah, currently under discussion. It is said that or Allah decrees a course for them is indication that the verse was meant to be abrogated at some point.[15] What is certain is that Sūrat al-Nūr was revealed after Sūrat al-Nisāʾ.

Having said that, some commentators believe that the verses in Sūrat al-Nisāʾ are not about zināʾ but about musāḥaqah, which is sexual relations between two women. If that is the case then it would mean the verse in this surah is the first ruling revealed about fornication.

As for the fornicatress and the fornicator: the jurists have defined zināʾ as penetration into a woman’s private parts without a valid marriage contract being in effect or anything resembling such a contract, or without any valid supposition of such a contract being in place. As such, not every prohibited type of intercourse is considered zināʾ. For example, having intercourse with one’s wife during her menses is prohibited, but is not classified as zināʾ. Nor is it considered zināʾ if one has intercourse thinking the person is their spouse (whilst it may later turn out they were for whatever reason not married).[16] There are also many conditions that the jurists have discussed that forfeit any punishment for the act of zināʾ, such as the person not doing so out of their free will, or not being in a state of sanity, or not being adults, or not knowing it is forbidden, or forgetting it is forbidden.[17]

Different reasons have been noted as to why the fornicatress has been mentioned before the fornicator – as opposed to for example in 5:38, where the male thief is mentioned first[18] – such as that the act is more reprehensible when she does it because she might become pregnant from it; or that women have stronger urges of lust (shahwah) than men;[19] or that women should have more modesty.[20] It is also said that the woman is mentioned first to dispel the misconception that in the act of sex only the man is the active participant. As such, in the mutually agreed act, both are responsible.[21]

Strike each of them: the verb strike (ijlidū) is addressed at the community of the believers. In Islamic law most duties are addressed to the individual, but some are the responsibility of the community as a whole. The usage of the plural emphasises that the community as a whole needs to ensure that the act of zināʾ is punished, since, as we mentioned, the crime is one directed at the community as a whole, and is not simply a matter limited to individuals.[22]

Even though the address is to the believers in general, it is agreed that the punishment can only be carried out by those in authority.[23] This is further clarified in later verses that, for example, describe the requirement of four official witnesses, or that husbands cannot carry out any punishment even if they themselves have been witnesses to the adultery.

A hundred lashes: a hundred is specific and set and is not open to juristic reasoning or interpretation. Therefore, one cannot increase or reduce it, although additional elements to the crime (such as violence) is argued by jurists to warrant further punishments (see below).

And let not pity for them overcome you in Allah’s law: meaning that pity for the persons who committed zināʾ should not prevent the Muslims from carrying out the punishment.[24] Usually, in such cases people sympathise with the perpetrators, especially if they are young. The verse warns against that because feeling sympathy for them might cause the community and those in authority to forgo the punishment.[25] Whilst it is human to err, leaving such acts unpunished would lead to their normalisation. Punishment also acts as a deterrent, which stops future crimes from being committed.[26]

Allah’s law is also mentioned to remind the believers that this matter is important as it constitutes a violation of religious morals and values, and causes the decay of that in society.

If you believe in Allah and the Last Day: this is further emphasis to what was mentioned, that this matter relates to the core values of faith. The exhortation of faith in God serves to remind that God does not legislate anything without reason and wisdom. The exhortation about the Last Day reminds that people are all held accountable for their actions.[27]

This also ties in strongly to the main theme of the surah and how following the ‘clear command’ of God is a necessary part of faith. Abandoning God’s command is tantamount to abandoning faith in Him, and our responsibility with regards to our actions.

And let their punishment be witnessed by a group of the faithful: the punishment is only carried out when the act of zināʾ has been done publicly (see below), therefore the punishment is prescribed to be public as well.[28] This is in effect a public shaming, and is meant to make their punishment known amongst the people.[29] The purpose of the punishment is to act as a deterrent from zināʾ becoming normalised in society. It has been posited that actually this shaming is more important than any corporal punishment.[30] As such, a public punishment is crucial, otherwise the effect would not be achieved. Another effect of this is to remind the community of the heinousness of the act, so that they should be wary of committing such a sin.[31] As such, as long as the sin is done in private, God is sattār al-ʿuyūb (the one who hides flaws), however, if it has been made public and taken to the court then the punishment should be such that the shamefulness of the sin is not lost in society.[32] The purpose of this is not to humiliate the zānī, since the punishment is not administered unless the act is witnessed by four people. For such a thing to be possible, the zānī should have already made his action publicly known and therefore brought the shame upon himself.[33]

For other verses related to the topic of zināʾ and its punishment, see also the commentary on 4:15-16 and 4:25.

On the issue of witnesses, while this verse does not mention it, verse 4 of this surah (as well as several other verses of the Quran) makes it clear that in order for the punishment of zināʾ to be carried out, the act must be witnessed by four people. Mere speculation is not enough. It is not sufficient for example to see two people spend the night together in a room. It is not even sufficient if three people testify to the act. For more on the witnesses, see the commentary on verse 4.

In addition to witnesses, confession of the act is also considered sufficient for carrying out the punishment.[34] There is discussion amongst the jurists of whether a single confession is enough or if the confession should be done multiple times in multiple sittings. It has also been pointed out that if one withdraws the confession at any point, the punishment will be forgone.[35] Some have considered anything less than four confessions to be invalid, although they have ruled that the judge can in that case opt for discretionary punishment (taʿzīr) if he sees fit.[36] Naturally, confession comes with all the same conditions as does the act of zināʾ, meaning the person should be adult, sane, and so on. Actually, it could be argued that confession is generally the only way that the punishment for zināʾ can be established, unless the perpetrators are guilty of unashamed and gross public indecency.

This effectively means that the punishment of zināʾ is more of a deterrent meant to prevent the behaviour from being publicly practiced without any shame. This is the general purport of the narrations as well. There are also many reports which indicate that the Prophet attempted to dissuade witnesses from giving testimony on the matter.[37] Based on reports, the scholars have also ruled that if a person commits zināʾ and it has not become publicly known, they should hide their misdeed and not tell anyone about it and repent for it.[38] This is generally true for all other sins as well, where one has not violated the rights of others. So, for example, one should not come out and publicly declare that they did not fast in Ramadan, or they have drunk alcohol, or abandoned their prayers, as this can have the detrimental effect of normalising those sins and lessening the shame associated with them.

We know that sins can often have both obvious harms that are immediately understood and also harms that can manifest themselves less directly and obviously, Say: ‘My Lord has only forbidden indecencies, the outward among them and the inward ones’ (7:33). With zināʾ, some harms and evils of it are immediately obvious to everyone. Infidelity to one’s spouse is of course universally accepted as an evil. Some other obvious harms are, for example, sexually transmitted diseases or unwanted pregnancies and illegitimate children.

In addition to these, there are many other less immediately obvious problems that arise from it. Even though the effects in these are delayed, they are nonetheless effects of the same cause. This series of harms includes things such as the disconnect between love and sex, and the normalisation of detached relationships, which amongst its many harms leads to the breaking down of the family unit. This then leads to many other great harms in society, such as increased crime. Children born of such relations are often left without the support of one or both parents. There is much research that has shown a link between crime (especially violent crime) and paternal absence.[39]

Other harms are, for example, encouragement of shallow and narcissistic behaviour and a cheapening of human relationships. Other people are seen more easily as valuable only when in service of one’s desires, rather than as individuals. It results – perhaps counter-intuitively – in greater loneliness, as people are unwilling and unable to commit to relationships. Also, as the marketplace of relationships becomes one that values only superficial things such as physical appearance or financial success, many will inevitably be left out. Moving from one relationship to another also creates unrealistic expectations of perfection and an inability to deal with problems. All of these again lead to a whole host of other moral and social problems in society. We could continue enumerating and elaborating the harms of zināʾ, but for the sake of brevity we will suffice with the exhortation of the Quran: Those who do not invoke another god besides Allah, and do not kill a soul [whose life] Allah has made inviolable, except with due cause, and do not commit fornication. Whoever does that shall encounter its retribution (25:68), where we see it is compared to the biggest sin of all, shirk (invoking other than God), and murder.[40]

So, because the problems it leads to are so great, many rulings are put in place to prevent it from happening. This is the meaning of God saying Do not approach fornication (17:32), meaning do not commit any of those actions which might bring you even close to such an act. In this vein we may see that the later discussion in this surah regarding hijab links directly to the issue of zināʾ.

INSIGHTS FROM HADITH

There are far too many reports related to the punishment of zināʾ in its various forms to be related here. We have mentioned some of the opinions of the scholars in the next section and have limited ourselves to mentioning only a few reports here.

  1. According to a hadith attributed to Imam al-Bāqir (a), this verse explains the last sentence of the verse revealed earlier in the Quran: Those of your women who commit an indecent act, produce against them four witnesses from yourselves, and if they testify, detain them in [their] houses until death finishes them, or Allah decrees a course for them (4:15).[41]
  1. From Imam al-Ṣādiq (a), that Prophet Muhammad (s) said during his final words to Imam Ali (a): ‘O Ali! Know that zināʾ has six properties, three in this world and three in the hereafter. As for the ones in this world, it takes away dignity, hastens death, and cuts off sustenance. As for the ones in the hereafter, it brings about detrimental accounting, the wrath of the All-Merciful, and eternity in the fire.’[42]
  2. From Aṣbagh ibn Nubātah, that a man came to Imam Ali (a) and said: ‘O Commander of the Faithful, I have committed zināʾ, so purify me [by punishing me]!’ The Imam turned away from him and told him to sit down and turned towards the people, saying: ‘If one of you draws near to this evil deed, can he not hide it, as God has hidden it for him?’ The man once again stood up and said: ‘O Commander of the Faithful, I have committed zināʾ, so purify me [by punishing me]!’ The Imam said to him: ‘Why do you insist on saying this?’ He said: ‘I wished to be purified.’ The Imam said to him: ‘And what purification is better than repentance?’ He then turned to his companions and began conversing with them. The man said: ‘O Commander of the Faithful, I have committed zināʾ, so purify me [by punishing me]!’ The Imam said: ‘Can you read the Quran at all?’ He said: ‘Yes.’ The Imam said: ‘So read.’ The man then recited, reciting correctly. The Imam then asked him: ‘Do you know what is your duty with regards to prayer and zakat?’ He said: ‘Yes.’ The Imam then asked him some questions and the man answered them correctly. The Imam said: ‘Do you have any illness that ails you, or any problem in your head, or is there something wrong with your body or troubling your heart?’ He said: ‘O Commander of the Faithful, no.’ The Imam said: ‘Woe to you, leave, so we may ask about you in your absence as we asked about you in your presence. If you do not come back to us, we will not come after you.’ The Imam then asked people regarding him and they informed him that the man is fit and sound and there is nothing that may raise any doubt about him. The man then eventually came back to the Imam and said: ‘O Commander of the Faithful, I have committed zināʾ, so purify me [by punishing me]!’ The Imam said: ‘Had you not come to us, we would not have come looking for you, however now that the decree of God has become necessary regarding you, we will not be letting you go either.’ He then turned towards the people and said: ‘You who are gathered here, the ones who are here are sufficient for stoning him and there is no need to bring others. Any of you who come, let him wear the cloth of his turban over his face so that you do not know each other. Come during the dark hours, so that you do not see each other. We should not look at the face of a man that we are about to pelt with stones.’ The people then gathered on the morrow before the brightness of the morning and the Imam turned towards them and said: ‘I adjure you, any of you who owes the same punishment to Allah, should not to take this right for Allah, for the one who owes a right to Allah cannot not take the same right from others.’ Aṣbagh then added that many people then left and to this day we do not know who they were. After that the Imam threw four stones and then the people threw.[43]

Note: In another similar report amongst the questions the Imam asks the man is that if he is married and if his wife is living with him. In that report he also declares: ‘How terrible is it that one of you should commit such an indecency and then humiliate himself in the public eye like this. Could he not have repented in his own home? By God, his repentance done between himself and God is better than me carrying out the punishment on him.’[44]

  1. There is also a quite similar famous incident reported, that Māʿiz ibn Mālik came to the Prophet and confessed to zināʾ. After similarly questioning and dissuading him, the Prophet ordered for him to be stoned. While being stoned, Māʿiz began to flee, and he was then caught and killed. When the Prophet heard that they killed him after he had tried to flee, he commented that they should have let him go. This report has been told with slight variations in numerous works. It is also mentioned that the Prophet then performed the funeral prayer for him and commented that the punishment had purified Māʿiz of his wrongdoing.[45]

Note: Such sentiments are echoed in many other reports, the general purport of which is that the purpose of the punishment for zināʾ is to stop it from becoming a public sin, therefore it is better for anyone who has committed such a sin to repent of it in private rather than declare it in public. This relates to the harm that comes to society from the public practice of this sin and the purpose of the shariah to quell that harm.

REVIEW OF TAFSĪR LITERATURE

The jurists have generally differentiated between adultery (zināʾ muḥṣanah) and fornication (zināʾ ghayr muḥṣanah), that is, the zināʾ committed by one who is married (adultery) as opposed to the zināʾ committed by one who is unmarried (fornication).[46] They have then usually opined that the punishment described in this verse is for the latter only, while arguing that the one who is married and has access to their spouse must be punished via capital punishment (often considered to be done via stoning).[47]

In this regard it has been reported from Imam Ali (a) that he said: ‘The married should be struck a hundred lashes according to the Quran, however he is stoned because of the Sunna.’[48] Similarly it is reported that ʿUmar ibn al-Khaṭṭāb wished to write the ruling of stoning in the end of the Quran, but was prevented from doing so because of his worry that it should be mistakenly thought of as a part of the Quran.[49] The reports in regard to stoning have been considered by many jurists as mutawātir in their meaning.[50]

Zamakhsharī points out that it could be argued that the expressions zāniyah and zānī are general and include anyone who commits zināʾ, however he replies that a general term may be used to mean a specific subgroup of people.[51] For example a principle may declare that ‘all teachers should come for a staff meeting’, while intending only the full-time teachers and not the substitutes.

Two verses have also been pointed out as critiques for the position of stoning. The first is the verse which refers to the punishment of slaves committing zināʾ, But on marrying, should they commit an indecent act, then there shall be for them [only] half the punishment for free women (muḥṣanāt)[52] (4:25). The second is, O wives of the Prophet! Whoever of you commits a gross indecency, her punishment shall be doubled, and that is easy for Allah (33:30). In both cases it is said that it should be referring to the punishment of a hundred lashes, as stoning cannot be halved or doubled. The scholars have said that the punishment referred to in 4:25 is the punishment of fornication for free unmarried women, since, based on the context, muḥṣanāt in that verse does not mean married women.[53]

A minority of jurists have argued in favour of a combination of the two punishments for the married person who has committed zināʾ: they should first be lashed a hundred times and then killed. It is argued that in this way the Quranic punishment has also been carried out. They have reported some traditions in support of this.[54]

Others have argued that the rulings about zināʾ are told in quite detail in the Quran and the severity of the crime and its punishment has not been glossed over. As such, if stoning was indeed the punishment it should have been mentioned.[55]

Mitigating conditions have also been mentioned for the perpetrators of the act that affect the type of punishment they should receive, such as them being slaves (as per 4:25 where they are prescribed half the punishment),[56] or so sick that they could not bear being lashed.[57] Other conditions may negate punishment altogether, such as not being adult or sane, or not knowing the ruling regarding zināʾ, or having forgotten the ruling, being forced to commit it (this applies equally to male and female), thinking one is married, or being misinformed about it (for example thinking that the woman is divorced and marrying her while she is still married), or if the man and woman claim they are married (and they need not produce any evidence of being married, nor need they swear an oath, as long as the claim is not proven to be an obvious lie).[58] The punishment is also forgone if one withdraws their confession, or perhaps even if one repents and confesses before any evidence is presented against them.[59] If a woman who is not married becomes pregnant there is no punishment for her, unless she confesses or there is evidence of zināʾ, and it is not incumbent on anyone to investigate the issue.[60]

Some jurists have also ruled for capital punishment in cases where zināʾ is done with close relatives, or accompanied with violence (i.e. rape, in which case the rapist is the one punished).[61] Some scholars have also mentioned that the punishment of lashing should be followed by exile for a year.[62]

There are different opinions as to what constitutes a group in the statement and let their punishment be witnessed by a group of the faithful:

  1. It is reported from Imam al-Bāqir (a), that for the purposes of the verse, one male witness is considered a group.[63] This is also attributed to Mujāhid ibn Jabr and Ibrāhīm al-Nakhaʿī.[64] It is also the opinion of many jurists.[65] It has been argued that this is the meaning of ṭāʾifah in the verse, If two groups of the faithful fight one another, make peace between them (49:9), whereby even if two individuals fight amongst each other we should make peace between them.[66]
  2. From ʿIkramah and ʿAṭāʾ ibn Abī Rabāḥ, that it is two.[67]
  3. From Qatādah and Muhammad ibn Shihāb al-Zuhrī, that it is three.[68] Some have argued that linguistically ṭāʾifah (group) cannot refer to less than three.[69]
  4. From ʿAbd al-Raḥmān ibn Zayd, that it is four.[70] It has been argued that this is the amount also required for establishing zināʾ, therefore it should apply here as well.[71]
  5. There is no specific number, but rather the Imam who is in authority (or the judge) may decide about the matter based on his discretion.[72]

As is clear, with a small number of people the purpose of a public shaming is not necessarily achieved, so scholars have pointed out that such shaming may not always be necessary and it may be that the witnesses are called so that the perpetrator who is punished would not later claim he had been dealt with unjustly during the punishment. It would naturally also help prevent or mitigate any unjust behaviour on part of the ones carrying out the punishment.[73]

Some Sufi scholars have used this verse as evidence that if the shaykh wishes to discipline his follower (murīd), he may do so in front of other people to break his ego and to act as a lesson for the other students.[74] While publicly shaming a sin can in some situations be called for, it is not something that should be undertaken lightly. It is important to remember that the punishment of zināʾ requires four just witnesses and as such has a very high bar for testimony. If that bar is reached it is safe to say that their sin has already been made public, and therefore their punishment should be public as well, to make it known that their action is not acceptable. On the other hand, we have many hadiths that command the believers not to make known the mistakes and sins of their fellow Muslims. The honour and dignity of a human being and believer is great indeed and should not be broken lightly.

INSIGHTS FROM OTHER TRADITIONS

The Old Testament mentions different punishments for adultery/fornication depending on the nature of the crime:

  1. If a man commits adultery with another man’s wife, even he who commits adultery with his neighbor’s wife, the adulterer and the adulteress shall surely be put to death.[75]
  2. If a man is found lying with the wife of another man, both of them shall die, the man who lay with the woman, and the woman. So you shall purge the evil from Israel.[76]
  3. If there is a betrothed virgin, and a man meets her in the city and lies with her, then you shall bring them both out to the gate of that city, and you shall stone them to death with stones, the young woman because she did not cry for help though she was in the city, and the man because he violated his neighbor’s wife. So you shall purge the evil from your midst. But if in the open country a man meets a young woman who is betrothed, and the man seizes her and lies with her, then only the man who lay with her shall die. But you shall do nothing to the young woman; she has committed no offense punishable by death. For this case is like that of a man attacking and murdering his neighbor, because he met her in the open country, and though the betrothed young woman cried for help there was no one to rescue her.[77]
  4. If a man meets a virgin who is not betrothed, and seizes her and lies with her, and they are found, then the man who lay with her shall give to the father of the young woman fifty shekels of silver, and she shall be his wife, because he has violated her. He may not divorce her all his days.[78]
  5. If a man seduces a virgin who is not betrothed and lies with her, he shall give the bride-price for her and make her his wife. If her father utterly refuses to give her to him, he shall pay money equal to the bride-price for virgins.[79]

In addition to the legal proscriptions of the Old Testament, the Bible also offers general advice and guidance on the issue of sexual immorality:

  1. Flee from sexual immorality. Every other sin a person commits is outside the body, but the sexually immoral person sins against his own body. Or do you not know that your body is a temple of the Holy Spirit within you, whom you have from God? You are not your own, for you were bought with a price. So glorify God in your body.[80]
  2. For the lips of a forbidden woman drip honey, and her speech is smoother than oil, but in the end she is bitter as wormwood, sharp as a two-edged sword. Her feet go down to death; her steps follow the path to Sheol … Why should you be intoxicated, my son, with a forbidden woman and embrace the bosom of an adulteress?[81]
  3. Can a man carry fire next to his chest and his clothes not be burned? Or can one walk on hot coals and his feet not be scorched? So is he who goes in to his neighbor’s wife; none who touches her will go unpunished.[82]
  4. Your eye shall not pity. It shall be life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.[83]

 From the New Testament:

  1. As for those who persist in sin, rebuke them in the presence of all, so that the rest may stand in fear.[84]
  2. The scribes and the Pharisees brought a woman who had been caught in adultery, and placing her in the midst they said to him, “Teacher, this woman has been caught in the act of adultery. Now in the Law, Moses commanded us to stone such women. So what do you say?” This they said to test him, that they might have some charge to bring against him. Jesus bent down and wrote with his finger on the ground. And as they continued to ask him, he stood up and said to them, “Let him who is without sin among you be the first to throw a stone at her.”[85]
[1] Tahqiq, 4/354, z-n-y.
[2] Munyah, 19/78.
[3] Raghib, p. 199, j-l-d.
[4] Jawhari, 2/458, j-l-d.
[5] Tahqiq, 2/99, j-l-d.
[6] Thalabi, 7/63; Zamakhshari, 3/209; Baghawi, 3/379; Razi, 23/314-315, who posits that the lashes should not be so light as to cause no pain, nor should they be so severe that they leave wounds. Additionally, they should not all be struck on the same spot, avoiding sensitive areas such as the face, stomach, private parts, and so on.
[7] The scholars seem to be unanimous that the woman should not be stripped at all, except to remove excessively heavy clothing. See for example Alusi, 9/276.
[8] Tahqiq, 3/289, d-y-n.
[9] Tabrisi, 7/197; Tabari, 18/52.
[10] Tabrisi, 7/197; Baghawi, 3/379.
[11] Tantawi, 10/80.
[12] Mizan, 15/79.
[13] Tantawi, 10/80.
[14] Mizan, 15/79.
[15] Munyah, 19/77.
[16] Tibyan, 7/406; Tabrisi, 7/196.
[17] See for example Imam Khomeini, Taḥrīr al-Wasīlah (Tehran: Muʾassasat Tanẓīm wa Nashr Āthār al-Imām al-Khumaynī, 1434 AH), 2/456.
[18] It is said that in the case of stealing the man is mentioned first because men are more prone to that crime (Tantawi, 10/79), and this is because usually men are burdened more with financial responsibility (Sharawi, p. 10195). We could note that usually serious criminal behaviour is in general far more prevalent amongst men. One study for example found that men were 3.7 times more guilty of theft than women. See D C Rowe, A T Vazsonyi, D J Flannery, ‘Sex Differences In Crime: Do Means and Within-Sex Variation Have Similar Causes?’ in Journal of Research in Crime and Delinquency, (1995) vol. 32, pp. 84-100. Accessed at: https://journals.sagepub.com/doi/10.1177/0022427895032001004.
[19] Tabrisi, 7/197; Mizan, 15/79. In a report from Imam Ali (a) it is mentioned that shahwah has been divided into ten portions and nine-tenths of that has been given to women, however they have also been given more modesty (Kafi, 5/338; Wasail, 20/63, h. 25042. See also Khisal, p. 438; Faqih, 3/467, h. 4620). In another report, it is mentioned that women have been given ninety-nine times more ‘pleasure’, however God has given them modesty (Kafi, 5/339, Faqih, 3/559).
[20] Nemuneh, 14/364.
[21] Sharawi, p. 10194, who argues that in this sense the term waṭʾ can be misleading, rather the more accurate word would be jamāʿ.
[22] See Munyah, 19/77.
[23] Tibyan, 7/406; Tabrisi, 7/197; Razi, 23/313; Mizan, 15/79.
[24] Tibyan, 7/406; Tabari, 18/53; Thalabi, 7/63.
[25] Mizan, 15/78.
[26] Mudarrisi, 8/256-257.
[27] Nemuneh, 14/359.
[28] Nemuneh, 14/360.
[29] Zamakhshari, 3/211.
[30] Nemuneh, 14/360-361.
[31] Mizan, 15/79.
[32] Nemuneh, 14/360.
[33] Munyah, 19/78-79.
[34] Razi, 23/311-312.
[35] See Najafī, Jawāhir al-Kalām (Beirut: Dār Iḥyāʾ al-Turāth al-ʿArabī, 1362 AHS), 41/292-293. See also Kafi, 7/185; Faqih, 4/62, h. 5106; Istibsar, 4/252, h. 954.
[36] See for example Imam Khomeini, Taḥrīr al-Wasīlah (Tehran: Muʾassasat Tanẓīm wa Nashr Āthār al-Imām al-Khumaynī, 1434 AH), 2/459.
[37] See for example the report about Māʿiz ibn Mālik (Kafi, 7/185; Ahmad, 5/217; Mustadrak.S, 4/363; Nasai.K, 8/219).
[38] Ṭūsī, al-Mabsūṭ (N.p.: al-Maktabah al-Murtaḍawiyyah, 1351 AHS), 8/178; Ibn Idrīs al-Ḥillī, al-Sarāʾir (Qum: Muʾassasat al-Nashr al-Islāmī, 1411 AH), 3/524-525; Najafī, Jawāhir al-Kalām (Beirut: Dār Iḥyāʾ al-Turāth al-ʿArabī, 1362 AHS), 41/307.
[39] See for example Jennifer Schwartz, The Effect of Father Absence and Father Alternatives on Female and Male Rates of Violence (Pennsylvania State University, 2003). Accessed at:
https://www.ojp.gov/pdffiles1/nij/grants/206316.pdf.
[40] Razi, 23/302.
[41] Kafi, 2/32-33.
[42] Wasail, 14/234-235. Almost the exact same report is also transmitted from the Prophet via Ḥudhayfah ibn al-Yamān (Thalabi, 7/64-65). A similar report mentioning four properties is also reported via Ibn Abbas (Haythami, 6/254-255; Ṭabarānī, al-Muʿjam al-Awsaṭ (N.p.: Dār al-Ḥaramayn, 1995), 7/138.
[43] Faqih, 4/32. There is also the similar well-known report that the Prophet likewise turned away a woman who came to confess her sin of adultery, and she was pregnant. He ordered her to go away, each time giving her respite until another time, until she gave birth, until she breastfed the child, until the child could eat, and until a guardian was found for it. See for example Furqan, 21/13-14.
[44] Kafi, 7/188-189.
[45] See for example, Kafi, 7/185; Tahdhib, 10/34; Wasail, 28/101, h. 34322; Ahmad, 1/8, 270; Darimi, 1/312, 2/178; Bukhari, 8/24, 113; Muslim, 5/118-120; Ibn Majah, 2/854; Abu Dawud, 2/333, 343-349. Some reports also mention that the Prophet paid for his blood money (diyah) from the public funds (bayt al-māl).
[46] This is the general terminology used by the jurists to describe the two different cases. However, the usage there should not be equated with its usage in the Quran. The usage of muḥṣan/ah in the Quran should intend ‘modesty’ (ʿiffah), as is the apparent meaning of the word in 4:25, 24:4, and 24:33.
[47] For example Tibyan, 7/405; Tabari, 18/52; Thalabi, 7/63; Zamakhshari, 3/209; Baghawi, 3/379; Razi, 23/306; Alusi, 9/277; Nemuneh, 14/363; Munyah, 19/78. Ālūsī asserts that only the Kharijites have opposed stoning. In any case, some other jurists have argued that the capital punishment can also be carried out in other ways. See Najafī, Jawāhir al-Kalām (Beirut: Dār Iḥyāʾ al-Turāth al-ʿArabī, 1362 AHS), 41/317.
[48] Tibyan, 7/407.
[49] Tibyan, 7/407; Razi, 23/305; Alusi, 9/278; Ahmad, 1/23; Bukhari, 8/113; Abu Dawud, 2/343, h. 4418; Bayhaqi, 8/213.
[50] Mutawātir is a hadith that is so widely reported that its authenticity cannot be doubted.
[51] Zamakhshari, 3/209.
[52] Apparently, married free women. See the discussion on muḥṣanāt in verse 4.
[53] Mizan, 4/279; Sharawi, p. 10199; Nemuneh, 3/350-351. See the commentary on 4:25 for more.
[54] Razi, 23/306, who relates this opinion but criticises it.
[55] As related in Razi, 23/305.
[56] See Tabrisi, 7/196; Tabari, 18/52; Zamakhshari, 3/209.
[57] Razi, 23/315. See also the commentary on 38:44.
[58] Imam Khomeini, Taḥrīr al-Wasīlah (Tehran: Muʾassasat Tanẓīm wa Nashr Āthār al-Imām al-Khumaynī, 1434 AH), 2/488-489; Furqan, 21/12.
[59] Wasail, 28/26-27; Najafī, Jawāhir al-Kalām (Beirut: Dār Iḥyāʾ al-Turāth al-ʿArabī, 1362 AHS), 41/293; Imam Khomeini, Taḥrīr al-Wasīlah (Tehran: Muʾassasat Tanẓīm wa Nashr Āthār al-Imām al-Khumaynī, 1434 AH), 2/460.
[60] Najafī, Jawāhir al-Kalām (Beirut: Dār Iḥyāʾ al-Turāth al-ʿArabī, 1362 AHS); 41/295; Imam Khomeini, Taḥrīr al-Wasīlah (Tehran: Muʾassasat Tanẓīm wa Nashr Āthār al-Imām al-Khumaynī, 1434 AH), 2/460.
[61] Nemuneh, 14/363; Najafī, Jawāhir al-Kalām (Beirut: Dār Iḥyāʾ al-Turāth al-ʿArabī, 1362 AHS), 41/309-316; Imam Khomeini, Taḥrīr al-Wasīlah (Tehran: Muʾassasat Tanẓīm wa Nashr Āthār al-Imām al-Khumaynī, 1434 AH), 2/462-3.
[62] See for example Razi, 23/306; Nemuneh, 14/363-364.
[63] Tibyan, 7/406; Tahdhib, 10/150, h. 602.
[64] Tibyan, 7/406; Tabari, 18/54.
[65] For example Tabari, 18/55. See also Mizan, 15/78.
[66] Tabrisi, 7/197; Tabari, 18/54.
[67] Tibyan, 7/406; Tabari, 18/54-55.
[68] Tibyan, 7/406; Tabari, 18/55. This is also the opinion adopted by Zamakhshari, 3/210.
[69] This opinion is attributed to Abū Ali al-Jubbāʾī. See Tibyan, 7/406.
[70] Tibyan, 7/406; Tabari, 18/55.
[71] Tabrisi, 7/197.
[72] Tabrisi, 7/197; Nemuneh, 14/364. While Makārim Shīrāzī favours this opinion, he also mentions that some have considered the command to be a recommendation (istiḥbāb); although he himself disagrees with that.
[73] Nemuneh, 14/364-365.
[74] Related in Alusi, 9/377.
[75] Leviticus 20:10.
[76] Deuteronomy 22:22.
[77] Deuteronomy 22:23-27.
[78] Deuteronomy 22:28-29.
[79] Exodus 22:16.
[80] 1 Corinthians 6:18-20.
[81] Proverbs 5:3-20.
[82] Proverbs 6:27-29.
[83] Deuteronomy 19:1.
[84] 1 Timothy 5:20.
[85] John 8:3-7.