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

Hadith.4988 - Al-Qasim ibn Muhammad narrated from Abd Al-Ṣamad ibn Bashir from Sulayman ibn Hilal who said: One of our companions asked Abu Abdullah (as), saying: "May I be your ransom, what is the ruling on a man sleeping with another man under one blanket?" Imam (as) asked: "Is he a close relative (mahram)?" The man replied: "No." Imam (as) asked: "Is it due to necessity?" The man said: "No." Imam (as) said: "They are each to be lashed thirty lashes." The man asked: "What if the act was committed?" Imam (as) replied: "If it was less than penetration, then the prescribed punishment (hadd) applies. But if penetration occurred, he is to be made to stand and struck with the sword, and the sword will take from him whatever it takes." The man asked: "So, that is execution?" Imam (as) replied: "That is correct." The man then asked: "And what if a woman sleeps with another woman under one blanket?" Imam (as) asked: "Is she a close relative (mahram)?" The man replied: "No." Imam (as) asked: "Is it due to necessity?" The man replied: "No." Imam (as) said: "They are each to be lashed thirty lashes." The man further asked: "And if they committed the act?" This greatly distressed Imam (as), and Imam (as) said: "Uff! Uff! Uff!" (three times), then said: "The prescribed punishment (hadd) applies."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.4989 - Hammad narrated from Hariz from Abu Abdullah (as): "Indeed, Imam Ali ibn Abi Talib (as) found a man with a woman under one blanket, so he lashed each of them one hundred lashes, minus one lash."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.4990 - Muhammad ibn Al-Fuḍayl narrated from Abu Al-Ṣabbah Al-Kinani from Abu Abdullah (as) who said: I asked Imam (as) about a man and a woman found under one blanket. Imam (as) said: "Flog each of them one hundred lashes, one hundred lashes."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.4991 - Aṣim ibn Humayd narrated from Muhammad ibn Qays from Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) who said: "The Commander of the Faithful (as) said: "A man or a woman shall not be flogged until four witnesses testify explicitly to the act of penetration and withdrawal." Imam (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.4992 - Faḍalah narrated from Dawud ibn Abi Yazid who said: I heard Abu Abdullah (as) say: "The companions of the Messenger of Allah (swt) (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 (swt) (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 (swt), even after seeing it with my own eyes and knowing, as Allah (swt) knows, that it has happened?' The Prophet (peace be upon him and his family) said: 'Yes, by Allah (swt), even after you see it with your own eyes and Allah (swt) knows it has happened, because Allah (swt), the Glorious and Exalted, has set limits for everything, and for whoever transgresses these limits, Allah (swt) has also prescribed a punishment.'"

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.4993 - Al-Hasan ibn Mahbub narrated from Aban, from Al-Halabi, from Abu Abdullah (as) that Imam (as) was asked about a married man who committed adultery with a woman, and three men and two women testified against him. Imam (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.4994 - Shuayb narrated from Abu Baṣir who said that Abu Jafar (as) said: "Imam Ali ibn Abi Talib (as) 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 (as) then said: 'If I knew that you were aware (that she was already married), I would have crushed your head with stones.'"

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.4995 - The Commander of the Faithful (as) brought out Shuraha Al-Hamdaniyyah, and the crowd became so dense that people were almost killing one another due to the overcrowding. When Imam (as) saw this, Imam (as) ordered her to be taken back until the crowd dispersed. Then she was brought out again, and the gate was closed. Imam (as) said: "They stoned her until she died." Afterward, Imam (as) commanded that the gate be opened, and whoever entered began cursing her. When Imam (as) observed this, Imam (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.4996 - Zur'ah narrated from Sama'ah who said: The Imam (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.4997 - Hammad narrated from Al-Halabi who reported from Abu Abdullah (as) 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 (as) exiled two men from Kufa to Basra."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.4998 - Hisham ibn Salim narrated from Sulayman ibn Khalid who said: I asked Abu Abdullah (as) about the stoning mentioned in the Quran. Imam (as) replied: "Yes." I asked: "How is it mentioned?" Imam (as) said: "The old man and the old woman - stone them absolutely, for they have fulfilled their desire."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.4999 - 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5000 - Hammad narrated from Al-Halabi, who reported from Abu Abdullah (as) regarding a man who married off his slave woman to another man and then had intercourse with her. Imam (as) said: "He is to be subjected to the legal punishment (Hadd)."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5001 - Muhammad ibn Abi Umayr narrated from Abdullah ibn Sinan, who reported from Abu Abdullah (as) regarding a woman who took the virginity of a bondwoman with her hand. Imam (as) said: "She must pay the dowry and is to be subjected to the legal punishment (Hadd)."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5002 - And in another narration: "She is to be given eighty lashes."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5003 - In the narration of Al-Halabi from Abu Abdullah (as), regarding a man who had intercourse with his slave woman who was in the process of being freed (mukatabah). Imam (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5004 - Narrated by Al-Hasan ibn Mahbub from Muhammad ibn Al-Qasim, who said that Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5005 - 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 (as) regarding a young boy who had not yet reached the age of ten and committed adultery with a woman. Imam (as) 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 (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5006 - Narrated by Yunus ibn Ya'qub from Abu Maryam who said: I asked Abu Abdullah (as) during the last time I met Imam (as), 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 (as) 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 (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5007 - 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 (as), so ask Imam (as) 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 (as), and Imam (as) 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 (as) said: "The Messenger of Allah (swt) (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 (swt) (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 (swt) 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)

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5008 - Narrated by Musa ibn Bakr from Zurara who said: Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5009 - Narrated by Abdullah ibn Al-Mughira, Safwan, and others, who reported it to Abu Abdullah (as), that Imam (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5010 - Narrated by Hammad from Al-Halabi from Abu Abdullah (as): "Indeed, Imam Ali ibn Abi Talib (as) punished with the prescribed punishment (hadd) a man who married a woman during her postpartum bleeding (nifas) before she became pure."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5011 - Narrated by Aban from Zurara from Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5012 - In the narration of Sama'ah from Abu Abdullah (as), he said: "The punishment for adultery is the most severe of all prescribed punishments."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5013 - Talhah ibn Zayd narrated from Imam Jafar ibn Muhammad Al-Sadiq (as) from his father, Imam Muhammad ibn Ali Al-Baqir (as), that he said: "A person should not be stripped of their clothing nor stretched out (meaning tied or extended) for any legal punishment." Imam (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5014 - Ibn Abi Umayr narrated from Hafs ibn Al-Bukhtari from Abu Abdullah (as) who said: "A man was brought to Commander of the Faithful (as) after being found beneath another man's bed. The Commander of the Faithful (as) ordered that he be dragged through a public latrine."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5015 - Ali ibn Abi Hamzah narrated from Abu Basir from Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) who said: I asked Imam (as) about a man who commits adultery multiple times in a single day. Imam (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5016 - Yunus ibn Ya'qub narrated from Abu Maryam, who narrated from Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) that a woman came to Commander of the Faithful (as) and said: "I have committed adultery." Imam (as) turned his face away from her. She moved to face Imam (as) again and repeated: "I have committed adultery," but Imam (as) turned away once more. She repeated it a third and then a fourth time. After the fourth confession, Imam (as) ordered that she be detained. It was discovered that she was pregnant, so Imam (as) waited until she gave birth. Afterward, Imam (as) commanded that a pit be dug for her in the open space of Rahbah. Imam (as) dressed her in a new garment and placed her into the pit up to her waist and chest level. Imam (as) then closed the gate of Rahbah and threw a stone at her, saying, "In the name of Allah (swt). O' Allah (swt), in confirmation of Your Book and the Sunnah of Your Prophet." Then Imam (as) instructed Qanbar to throw a stone at her. Afterward, Imam (as) 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 (as) replied: "Return to your stones," and they continued until she died. They asked: "She has now died, what should we do with her?" Imam (as) said: "Hand her over to her family and instruct them to treat her as they would their deceased."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5017 - Sa'd ibn Tarif narrated from Al-Asbagh ibn Nubata who said: A man came to Commander of the Faithful (as) and said: "O' Commander of the Faithful, I have committed adultery, so purify me." Commander of the Faithful (as) turned his face away from him and then said to him: "Sit down." Then Imam Ali ibn Abi Talib (as) 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 (swt) 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 (as) asked him: "What led you to say what you have said?" He replied: "The desire for purification." Imam Ali ibn Abi Talib (as) said: "And what purification is better than repentance?" Then Imam (as) 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 (as) asked him: "Do you recite anything from the Qur'an?" He replied: "Yes." Imam Ali ibn Abi Talib (as) said: "Recite." So the man recited and did so correctly. Imam Ali ibn Abi Talib (as) asked him: "Do you know what obligations are upon you from the rights of Allah (swt), the Exalted, in your prayers and zakat?" The man answered: "Yes." Imam Ali ibn Abi Talib (as) questioned him and the man answered correctly. Then Imam Ali ibn Abi Talib (as) 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 (as) 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 (as) 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 (as) responded, "Had you not come to us, we would not have sought you out. But now, we cannot abandon you as Allah's (swt) ruling upon you has become binding." Then Imam (as) 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 (as) addressed them again, saying: "I urge anyone among you, for the sake of Allah (swt), who has a right like this upon himself to carry it out for Allah (swt). For no one truly upholds Allah's (swt) right except that Allah (swt) will hold him accountable with the same." After that, some people departed, and by Allah (swt), no one knew who they were until that moment. Then Imam Ali ibn Abi Talib (as) himself threw four stones at the man, and the people followed by stoning him.

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5018 - A woman came to the Commander of the Faithful, Imam Ali ibn Abi Talib (as), and said: "O' Commander of the Faithful, I have committed adultery, so purify me. May Allah (swt) purify you, for the punishment in this world is lighter than the punishment in the Hereafter, which never ends." Imam Ali ibn Abi Talib (as) asked her: "From what should I purify you?" She replied: "From adultery." Imam (as) then asked: "Are you a married woman or not?" She said: "I am married." Imam (as) asked: "Was your husband present or absent?" She replied: "He was present." Imam (as) 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 (as) said: "O' Allah (swt), this is one testimony." Not long after, she returned and said: "I have given birth. Purify me." Imam (as) feigned ignorance and said: "Purify you from what, O' servant of Allah (swt)?" She replied: "I have committed adultery and have given birth, so purify me." Imam (as) asked her again, "Were you married when you did what you did or not?" She said: "Yes, I was married." Imam (as) asked: "Was your husband absent or present?" She answered: "He was present." Imam (as) said: "Go and nurse your child." As she turned away and could no longer hear him, Imam (as) said: "O' Allah (swt), these are two testimonies." After she had nursed her child, the woman returned to the Commander of the Faithful, Imam Ali ibn Abi Talib (as), and said: "O' Commander of the Faithful, I have committed adultery, so purify me." Imam (as) asked her: "Were you married when you did what you did or not?" She replied: "Yes, I was married." Imam (as) asked: "Was your husband present or absent?" She answered, "He was present." Imam (as) 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 (as) said: "O' Allah (swt), 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 (as) 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 (as) and informed him of Amr's offer. Imam Ali (as) 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 (as) asked: "Were you married when you committed this act?" She replied: "Yes." Imam (as) 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 (as), raised his head toward the sky and said: "O' Allah (swt), I have confirmed this against her with four testimonies. And You (swt) have said to Your Prophet (peace be upon him and his family) regarding Your (swt) religion: 'O' Muhammad (sw), whoever abandons one of My (swt) prescribed punishments has opposed Me (swt) and contended with Me (swt) in My (swt) dominion'. 'O' Allah (swt), I do not abandon Your (swt) punishments, nor do I seek to oppose You (swt) or contend with You (swt). I do not neglect Your (swt) rulings but rather obey You (swt) and follow the Sunnah of Your (swt) 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 (as) responded: "After four testimonies by Allah (swt), you will indeed take responsibility for him, and you will do so in humility." Then Imam Ali ibn Abi Talib (as) 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 (as) 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 (as) descended from the pulpit. When the morning came, Imam (as) 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 (as) ordered a pit to be dug for her, and she was buried in it up to her waist. Imam (as) 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 (swt) the Blessed and Exalted entrusted His Prophet (peace be upon him and his family) with a trust, and His Prophet (sw) entrusted me that none should carry out the prescribed punishment except one upon whom there is no prescribed punishment from Allah (swt). Therefore, whoever among you has a punishment upon him from Allah (swt) 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 (as) and Imam Hasan ibn Ali (as) and Imam Hussain ibn Ali (as). They alone carried out the prescribed punishment upon her, and none of the people remained with them.

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5020 - Imam Jafar ibn Muhammad Al-Sadiq (as) was asked about a person sentenced to stoning who attempts to flee. Imam (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5021 - In the narration from Al-Sakuni, it is reported that three individuals testified against a man for committing adultery. Imam Ali ibn Abi Talib (as) asked: "Where is the fourth witness?" They replied: "He is coming now." Imam Ali ibn Abi Talib (as) then said: "Administer the punishment to them, for there is no delay in enforcing legal punishments."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5022 - Abdullah ibn Sinan narrated from Ismail ibn Jabir, who reports by Abu Abdullah (as). I asked Imam (as): "May Allah (swt) have mercy on you, who is considered Muhsan?" Imam (as) replied: "Whoever has lawful access to a spouse in the morning and evening, he is Muhsan."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5023 - In the narration of Wahb ibn Wahb from Imam Jafar ibn Muhammad Al-Sadiq (as) from his father, Imam Muhammad ibn Ali Al-Baqir (as), from his forefathers (peace be upon them), it is reported that: Imam Ali ibn Abi Talib (as) 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 (as) 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 (as) carried out the prescribed punishment (Hadd) on her.

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5025 - 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 (as), 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 (as) said: "This is the case that Allah, the Almighty and Majestic, referred to in His (swt) 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 (as), Umar would have perished."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5026 - Abu Basir narrated from Imam Abu Abdullah (as) that he was asked about a man against whom evidence was established that he had committed adultery, but then he escaped. Imam (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5027 - In the narration of Safwan and Ibn Al-Mughira from someone who reported from Imam Abu Abdullah (as), 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5028 - Narrated by Al-Hasan ibn Mahbub from Yazid Al-Kunasi, he said: I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) about a woman who married during her waiting period (iddah). Imam (as) 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 (swt), the Exalted, says: 'But when they saw Our punishment, they said: "We believe in Allah (swt) 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 (swt) with His servants, and the disbelievers there and then were doomed to ruin.'" (Surah Ghafir 40:84-85)

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5029 - Al-Hasan ibn Mahbub narrated from Ali ibn Ri'ab, who reported from Abu Abdullah (as) regarding a slave who marries a free woman and is later emancipated but then commits an immoral act. Imam (as) 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 (as) replied: "No, for she accepted him while he was a slave, and he remains upon his original marriage."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5030 - In the narration of Al-Sakuni: It is reported that Imam Ali ibn Abi Talib (as) 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 (as) said: "Delay the execution of the punishment until he recovers. Do not aggravate his sores, lest you kill him."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5031 - It is narrated by Asim ibn Humayd from Muhammad ibn Qays from Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) that he was asked about a married woman who committed adultery and became pregnant. After giving birth, she secretly killed her child. Imam (as) 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 (as) said: 'She is to be lashed one hundred times for committing fornication and another hundred lashes for killing her child.'

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5032 - It is narrated by Ibrahim ibn Hashim from Muhammad ibn Hafs from Abdullah ibn Sinan from Abu Abdullah (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5033 - It is narrated from Abu Abdullah Al-Mu'min through Ishaq ibn Ammar who said: I asked Abu Abdullah (as): "Is adultery worse or drinking wine? And why is the punishment for drinking wine eighty lashes, while for adultery it is one hundred?" Imam (as) 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 (swt), the Almighty and Majestic, has commanded."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5034 - It is narrated from Muhammad ibn Isma'il through Salih ibn Uqbah from Abu Shibl who said: I asked Abu Abdullah (as) about a Muslim man who committed adultery with the bondwoman of his brother. What is his repentance? Imam (as) 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 (as) said: "Then he will meet Allah (swt), the Mighty and Majestic, as an adulterer and a betrayer." I asked: "Will Hellfire be his destination?" Imam (as) 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 (swt), no one will attain our intercession if he commits this sin until he experiences the pain of punishment and witnesses the terror of Hell."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5035 - It is narrated from Ammar ibn Musa Al-Sabati that Abu Abdullah (as) said: I asked Imam (as) 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 (as) replied: "He is neither to be punished with lashes nor stoned." Imam (as) was also asked about a married woman who committed adultery and was pregnant. Imam (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5036 - It is narrated from Al-Hasan ibn Mahbub, from Rabi' Al-Asam, from Al-Harith ibn Al-Mughira who said: I asked Abu Abdullah (as) about a man who had a wife in Iraq but committed adultery in the Hijaz. Imam (as) 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 (as) replied: "He is like one who is absent from his family and will be lashed one hundred times."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5037 - 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)."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5038 - In the narration of Talhah ibn Zayd from Imam Jafar ibn Muhammad Al-Sadiq (as) from his father, Imam Muhammad ibn Ali Al-Baqir (as), it is reported that Imam Ali ibn Abi Talib (as) said: "There is no compensation (Uqr) upon a fornicator, and there is no punishment upon a woman who was coerced (mukraha)."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5039 - In the narration of Aṣim from Muhammad ibn Muslim, he said: I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) 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 (as) replied: "No, and not with a bondwoman (amah) either."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5040 - Rifaah ibn Musa asked Abu Abdullah (as) about a man who commits adultery before consummating his marriage with his wife. Should he be stoned? Imam (as) replied: "No." I asked: "Should they be separated if he committed adultery before consummating the marriage?" Imam (as) replied: "No."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5041 - Jamil narrated from Zurarah, from one of the Imams (peace be upon them), regarding a man who forcibly violated a Muslim woman. Imam (as) said: "He is to be killed."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5042 - In the narration of Ibn Mahbub from Abu Ayyub from Burayd from Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as), regarding a man who forcibly violated a woman. Imam (as) said: "He is to be killed, whether he is married or unmarried."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5043 - 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 (as) replied: "That is up to the Imam when the case is presented to him."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5044 - In the narration of Jamil from Abu Abdullah (as), he said: "His neck is to be struck," Or Imam (as) said: "His throat."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5045 - In the narration of Al-Sakuni, it was reported to Imam Ali ibn Abi Talib (as) that a man had committed fornication with his father's wife, so Imam (as) ordered him to be stoned, even though he was not married (non-muhṣan).

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5046 - In the narration reported by Al-Hasan ibn Mahbub from Ali ibn Riʾab from Abu Ubaydah from Abu Jafar (as), regarding a man upon whom a legal punishment (hadd) was due but he was not punished until he became mentally disturbed. Imam (as) 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."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.