Hadith 121

ged for the fourth time, so Rasool-Allah-saww ordered with him to be stoned, and a pit was dug out for him. He was stone. When he felt touch of the stones (hitting him), he came out strongly. Al-Zubeyr met him and pelted him with a leg of a camel. He fell down due to it, and the people caught him, and they killed him. The Prophet-saww was informed with that. He-saww said: ‘Why didn’t you leave him? ’ And Rasool-Allah-saww said: ‘If he had concealed and died, it would have been better for him’’. [152]
The book of Husayn Bin Saeed, and ‘Al Nawadir’ – from Ahmad Bin Muhammad, from Abdullah Bin Sinan, ‘From Abu Abdullah-asws having said: ‘The legal penalty of stoning regarding the adultery is if four testify that they had seen him enter and exit, and the legal penalty of the whipping is if he is found in one quilt, and the two men would be penalised when they are found in one quilt’’. [153]
(The book) ‘Rijal’ of Al Kashy – from Hamdan, from Muawiya, from Shueyb Al Aqarqufy, from Abu Baseer who said, ‘I asked Abu Abdullah-asws about a woman who had married, and there was already a husband for her. He appeared to her. He-asws said: ‘The woman will be stoned and the man would be struck one hundred lashes, because he did not ask’. Shueyb (the narrator) said, ‘I entered to see Abu Al-Hassan-asws. I said to him-asws, ‘A woman got married and there was already a husband for her’. He-asws said: ‘The woman would be stone and there is nothing upon the man’. I met Abu Baseer. I said to him, ‘I asked Abu Al-Hassan-asws about the woman who got married and there was already a husband for her. He-asws said: ‘The woman would be stoned and there is nothing upon the man’’. He wiped his chest and said, ‘I don’t think our Master-asws has ended his-asws ruling yet’’. [154] (please see explanation below)
(The book) ‘Rijal’ of Al Kashy – from Ali Bin Muhammad, from Muhammad Bin Ahmad, from Muhammad Bin Al-Hassan, from Safwan, from Shueyb Bin Yaqoub Al Aqarqufy who said, ‘I asked Abu Al-Hassan-asws about the man marrying a woman and there is already a husband for her, and he did not know. He-asws said: ‘The woman would be stoned and there isn’t anything upon the man when he did not know’. I mentioned that to Abu Baseer Al Murady. He said, ‘By Allah-azwj! Ja’far-asws said to me: ‘The woman would be stoned and the man would be whipped the legal penalty’. He said, ‘He struck his hand upon his chest narrating it, ‘I think our Master-asws, his-asws knowledge is not perfect’’. [155] (please see explanation below)
Explanation – I (Majlisi) am saying, ‘And it is reported by the sheykh in ‘Al Tahzeeb’ V 10, P 25, and ‘Al Istibsaar’ V 4 P 209, from Shueyb who said, ‘I asked Abu Al-Hassan-asws about a man marrying a woman already having a husband for her’. He-asws said: ‘There will be separation between the two’. I said, ‘Upon him is the strike (of the sword)? ’ He said, ‘No, why should he be struck? ’ – until he (the narrator) said: ‘I-asws have informed Abu Baseer’. He said, ‘I heard Ja’far-asws saying: ‘Ali-asws had judged regarding a man who had married a woman already having a husban