អ៊ុមដាតុល រីអាយ៉ះ (ការពន្យល់ក្បួនច្បាប់វីកាយ៉ះ ហាណាហ្វី)

(He singled out the intercourse of his brother’s female slave, his paternal uncle[(1)], and a foreign woman[(2)] whom he found[(3)] on his bed, even if [he](4) was blind(5), and a non-Muslim woman[(1)] with whom a war man committed adultery, and a non-Muslim woman[(2)] who committed adultery with a war woman, not a war man and a war woman[(3)]): meaning... (4) Those who enter our house are safe; This is [(5)] because if this happened in the land of war, then the punishment is not required. According to Abu Yusuf - may God be pleased with him - they are all united.

According to Muhammad [(1)] - may God be pleased with him - the adultery of a warrior is not punishable.

His saying: “wadhimiya” is a conjunction of the pronoun concealed in a hadd, and this [(1)] is permissible because of the presence of the comma.

(Nor whoever has intercourse with[(2)] a foreign woman, marry her, and say[(3)]: She is your bride, and he owes her dowry[(1)], and he is forbidden[(2) ](1) to marry her(2) in conjunction with his saying: a foreign woman; This is according to Abu Hanifa[(3)] - may God be pleased with him - because he made marriage[(4)] a suspicion in order to avoid punishment, (or an animal[(1)], or anal intercourse[(2)]): This is according to Abu Hanifa - may God be pleased with him -.

As for them [(1)] and according to Al-Shafi’i (2) - may God be pleased with them - in one of his two sayings, the punishment for adultery is defined; Because it is in the meaning of adultery [(3) ]; Because it is fulfilling one’s desire in a desired place as a matter of perfection in a way that is purely forbidden [(1)]. And for him: It is not adultery, as the Companions - may God be pleased with him - differed regarding its reason for it (2): burning, tearing down a wall, and lowering stones from a high place [(3)], so according to Abu Hanifa - may God be pleased with him - he is punished for such matters [(4)].

(Or adultery in the land of war or prostitution) (1), this is in our view contrary to Al-Shafi’i (2) [(3)] - may God be pleased with him -. (And not for adultery without being charged with an accountable one at all): that is, neither on this, nor on this, and according to Zufar and Al-Shafi’i (4) - may God be pleased with him - it is a punishment [(5)], (and in its opposite, a punishment is only.

Not even if [(1)] one of them acknowledges it and the other agrees to the marriage. In killing a female slave due to adultery, the punishment must be imposed[(2)] and the value(3). The background [(4)] is not limited. Because he is the owner of the right on behalf of God Almighty, (and he takes retaliation and takes the money) (5); Because the one who has the right is the heir and the owner. [And God knows best] (6).

Chapter on testimony (7) of adultery and reversing it[(8)] (Whoever bears witness to a hadd punishment[(1)] that has occurred[(2)] and is close to his imam(3)[(4)] will not be accepted[(5)] except in the case of [hadd](6) slander); The punishment for defamation is the slave’s right, and it is not waived by the statute of limitations. (And within the theft [(1)]): That is, if they testify to the premeditated theft, the guarantee is valid (2); Because it is the right of the servant, and it does not lapse by statute of limitations [(3)], and according to Al-Shafi’i (4) - may God be pleased with him - it is accepted. (And if (5) he acknowledges it as a punishment): That is, [if] (6) he acknowledges the time-barred punishment as a punishment except for drinking as follows; Because what prevents [(7)] from accepting the testimony is that he has been motivated to testify by a recent hostility, and this meaning is not found in the confession.

(The time limit for drinking[(1)] is when the wind disappears, and for other than that[(2)] after a month(3) has passed, and if they witness adultery while she is absent, there is a punishment[(4)], and theft from someone who is absent[(5)], no); For the conditionality of the case in theft [(6)] without adultery, as follows, the difference is in (The Book of Theft) (1), God Almighty willing.

(And if four people disagreed[(2)] about two corners of a house, or he acknowledged[(3)] adultery and her ignorance is a punishment), then reconciliation[(4)] is possible[(5)] by starting the act in one corner and ending in another, and the ignorance of the one who decided[(1)] does not harm him, since if it were his wife or the mother of his child, it is not hidden from him[(2)]. (And if they testified as such, or they differed as to her compulsion[(3)], or the country of his adultery, or his two arguments agreed[(4)] in his time and they disagreed in his country, or they testified[(5)] to his adultery and she was a virgin[(5)], or they were immoral[(6)], or [they](7) were witnesses(8) [to witnesses][(9)](10) then no one would be punished, even if the originals also testified after them[(11)]). And know (12) that in these cases no one will judge the two witnesses of adultery, nor the witnesses because of slander.

So his saying: And if (1) they testified like this; That is, [(2)] they witnessed and were ignorant of the intercourse. There is no punishment for what is witnessed; Because of the possibility [(3)] that the woman is his wife or his slave, and there are no witnesses; Because there were four martyrs. If four testified, and said: Two of them[(4)] were obedient, and two of them: They were forced, then there is no punishment for them according to Abu Hanifa - may God be pleased with him -. According to them: the man [(5)] is punished because the four agree on his adultery, not the woman [(6)]; To differ in its voluntariness.

And to him [(1)]: If the act witnessed is one, then some of them are false; Because a single act cannot be voluntary or involuntary[(2)], and if it is not one, then there is no quorum[(3)] to bear witness to each of them, and witnesses are not limited[(4)]; Because of the number.

And if four testified to his adultery, and they disagreed about the country in which he committed adultery[(1)], there is no punishment imposed on them for what was mentioned[(2)], nor on the witnesses, unlike Zafar[(3)] - may God be pleased with him -; Because of the number.

If four testified that he committed adultery at a certain time (1), and four others testified that he committed adultery at that time in another country, then there is no punishment for them [(2)]; Because the testimony of one of the two parties is rejected; It is certain that he is a lie, and there is no preference [(3)] for one of them so that all of them are rejected, nor for the witnesses; Because of the possibility [(4)] that one of the two groups is correct. He responds [(1)]: It is possible that each one of them is a liar, and this is apparent due to the certainty of the lie of one of them and the lack of probability of one of them, so the truthfulness of one of them is a remote possibility. Then based on the estimation of the truthfulness of one of them, it is possible that the truthful one is this particular group or that group. In the truthfulness of each one there is a possibility of probability, which is the suspicion of suspicion, so it is not taken into consideration.

So I say [(1)]: But the witnesses are not limited; Because there are four witnesses, if the testimony of each party does not necessitate a punishment for the one being witnessed, then it must at least [(2)] necessitate an accusation that is raised [(3)] punishing the other party.

And if [(1)] [one] woman looks (2) and says: She is a virgin, her virginity is proven (3), so the punishment of adultery is averted, and the punishment of slander (4) is not proven by the condition of men (5) [(6)]. If they are immoral, the punishment will be removed, and the witnesses will not be punished. Because (7) the immoral people are the people of testimony (8)[(9)], so I found the testimony of the four.

And if they [(1)] are witnesses to (2) witnesses, then (3) does not limit [(4)](5); Because (6) there is an increase in suspicion in their testimony[(7)]; Because if the speech is circulated by tongues [(8)] it touches on it [(9)] (10) with increases and decreases, then [(11)] if the origins come and they bear witness to that particular adultery after the testimony of the branches, it is not limited either; Because [(1)] their testimony has been rejected due to the coldness of their branches, and [(2)] if testimony is rejected once in an incident in which it will never be accepted, and this is weak (3) [(4)]; Because rejecting their testimony for a meaning specific to it does not apply to the principles; Because there is no meaning in their testimony. It can be said[(1)]: The testimony of the fundamentalists is rejected because they sought[(2)] to prove adultery by an unlawful matter, so their testimony is not considered a reward for God Almighty, but rather an effort to spread immorality, enmity or the like, so their testimony is rejected(3); for this charge.

(And if (1) they testified[(2)] blind(3), or limited in slandering[(4)](5) or three[(6)], or one of them was limited, or a slave(7), or found[(8)] so-and-so(9) after the punishment(10) they committed punishment); For lack of eligibility for testimony[(11)], or lack of a quorum[(1)], the punishment must be imposed according to the Almighty’s saying: {And those who accuse chaste women[(2)] and do not bring four witnesses, flog them eighty lashes}(3) the verse. (And Irsh(4)[(5)] was wounded by his flogging as a waste(6), and the blood money for stoning him in the treasury): that is, the witnesses testified of adultery, and the adulterer was not married, so he was flogged, so the flogging wounded him, then one of the witnesses appeared to be a slave, or one who was limited in slander, so the ashes of flogging were a waste according to Abu Hanifa - may God be pleased with him -. They said: In the treasury; Because [(7)] the action of the executioner is transferred to the judge, and he is a worker for the Muslims, so the fine is in the Muslims’ money.

According to him: The unjust act[(1)] is not transferred to the judge; Because he did not order the wound[(2)], so it is limited to the executioner, and then he[(3)] is not responsible[(4)]; Lest (5) people refrain from residing for fear of being fined.

If they testify and the adulterer is married, then he should be stoned, and then one of them appears to be a slave, or something like that. The ransom of stoning is paid in the treasury[(1)]. (And any [(2)] of the four [returns] after stoning (3)] (4) hadd: that is, the hadd of retracting is only the hadd of slander.