Hadith 121

d for her, and he-asws hit the man the legal penalty, then said, ‘If I-asws knew that you had known, I-asws would have smashed your head with the stones’. I (Majlisi) am saying, ‘The principle of the judgment regarding legal penalty of the adultery is known from the Book and the Sunnah, cut out between the two sects, and it is the stoning upon the married man and the married woman, and the whipping is upon others, and the jurisprudence is that the Mufti (judge) should recognise his judgment in all what is referred, what it is specialised with’. From that is what has passed that Amir Al-Momineen-asws, may the greetings be upon him-asws had judged regarding the woman already having a husband, she had met a group and informed them that she is without a husband. So, one of them slept with her. Then her husband came – for her is the dower, and he-asws had ordered with her, when she had delivered her child, she should be stoned. So, this woman, rather she had met another group, fleeing from her husband, and her husband had not been absent from her by choice, so the stoning happened upon her. And from that is what is reported in ‘Al Tahzeeb’ V 10 P 25, and Al Kafi V 7 P 193 – from Abu Baseer, from Abu Ja’far-asws, may the greeting be upon him-asws. He said, ‘He-asws was asked about a woman who had a husband for her, absent from her, so he married another husband. He-asws said: ‘If it is raised to the Imam-asws, then witnesses testify upon her that there is an absent husband for her, and his knowledge and his news had come to her from him, and she married another husband, it would be upon the Imam-asws to penalise her, and separate between her and the one who had married her’. The apparent is that the man did not know that for her was a husband who was absent, so there isn’t anything upon him, like what Abu Al-Hassan-asws, may the greetings be upon him‑asws said in the second Hadeeth from the two Ahadeeth in ‘Al-Kashy’, and rather the legal penalty happened upon her because her husband was absent from her. And from that is what is reported in ‘Al-Tahzeeb’ and ‘Kafi’, from him, from Abu Abdullah-asws, may the greeting be upon him-asws, he said, ‘I asked him-asws about a woman who is married by a man, and (then) he find there is a husband for her. He-asws said: ‘Upon him is the legal penalty, and upon her is the stoning, because he proceeded with knowledge, and she proceeded with knowledge’. And similar to it is source of the first Hadeeth which is copied from the subject matter from Al Kashi. And this issue is imposed when the husband appeared to his wife and he found her being with another man, just as has been expressed in the Hadeeth of Al Kashi, and he said, ‘He appeared to her’. So, the man claimed, fleeing from the legal penalty. He said, ‘I married her and she had said to me she is a widow’. So, upon the woman is the stoning because she had committed adultery in presence of her husband, and upon the man is the legal penalty of one hundred lashes because he claimed differently to the apparent situation. If the man has known it, so he has proceeded with