Hadith 121

The book of Husayn Bin Saeed, and ‘Al Nawadir – from Aby Baseer, ‘From him-asws having said: ‘The male (absent from his wife), and the female (absent from her husband), the stoning isn’t upon them, except if a man were to be staying with his wife and his wife were to be staying with him. And when the man forces a woman against herself, he would be struck a strike with the sword, he either dies from it or lives; and one who commits adultery with a sanctimonious one (incest), he will be struck a strike with the sword, he either dies from it or live; and the man cannot be classified as married until there happens to be a woman with him he closes the door upon her’. And I asked him-asws about Words of the Exalted: they should either be killed, or be crucified, or their hands and their legs be cut off from opposite sides, or be banished from the land. [5: 33]. He-asws said: ‘That is up to the Imam-asws. He-asws can do whichever of these he-asws so desires to’. And I asked him-asws about the banishment. He-asws said: ‘He would be banished from the lands of, all of them. If he is found in anything from the land of Al Islam, he would be killed, and there is no safety for him until he joins with the land of Polytheism’’. [148]
From Abdul Rahman –
‘And I asked him-asws about the man when he commits adultery. He-asws said: ‘It is befitting for the Imam-asws when he-asws whips, that he-asws banishes him from the land which he had been whipped in to somewhere else for a year, and it is upon the Imam-asws to expel him from the city; and like what when he steals, his hand and his leg would be cut. When he slanders the married woman, he would be whipped eighty (lashes) whether he was free or a slave; and when the male slave and the female slave commit adultery, each one of them would be whipped fifty (lashes)’’. [149]
(The book) ‘Fiqh Al-Reza-asws’, may the greetings be upon him-asws, from his-asws father-asws having said: ‘Rasool-Allah-saww stoned and did not whip’. And it was mentioned to him-asws that Ali-asws had stoned and whipped at Al-Kufa. He-asws said: ‘I-asws don’t know’. And about the young boy falling upon the woman. He-asws said: ‘They will not be whipped’. And about the man falling upon a young girl. He-asws said: ‘The man will not be whipped’’. [150]
The book of Kitab Husayn Bin Saeed, and ‘Al Nawadir’ – from Abu Baseer, ‘From Abu Abdullah-asws having said: ‘The woman would be buried up to her waist when the Imam-asws wants to stone her, and the Imam-asws will pelt, then the people, with the small stones; and when the adulterer is whipped thrice, he will be killed during the fourth’’. [151]
And he-asws said, ‘A man came to Rasool-Allah-saww. He said, ‘I have committed adultery! ’ He‑saww turned his-saww face away. Then he came to him-saww the second time. He-saww turned his-saww face away. Then he came to him-saww the third time. He said, ‘O Rasool-Allah-saww! I have committed adultery, and punishment of the world is easier than punishment of the Hereafter! ’
Rasool-Allah-saww said: ‘Is there insanity with your companion? ’
He said, ‘No’. He acknowled