Hadith 121

knowledge, and if he did not know it, how come he did not ask about her guardian and her clan that they can get her married to him, and he ratified her in her word without proof? And as for the presumption, it is based upon that Abu Abdullah-asws, may the greeting be upon him-asws, imposed the issue like that. His-asws words, may the greeting be upon him-asws: ‘Because he proceeded with knowledge and she proceeded with knowledge’. That which Abu Baseer narrated with from Abu Abdullah-asws, may the greeting be upon him-asws in the bottom of the second Hadeeth from the two Ahadeeth of Al Kashi, is carried upon that, along with that Abu Baseer Al-Muradi is the wicked one who said, ‘I don’t think our Master-asws has ended his-asws ruling yet’. And as for his Hadeeth in which he said, ‘Amir Al-Momineen-asws, may the greeting be upon him-asws had struck the man with the legal penalty, then said: ‘If I-asws knew you had known, I-asws would have smashed your head with the stones’, in it is the imagination and the confusion, because (the word) ‘Fazaj’ – and it is a metaphor about the stoning – rotates with the ‘being married’ and lack of it, not the knowledge, and if his-asws words are correct: ‘If I-asws knew’, and he-asws does not know, then how come he-asws struck the legal penalty? So, the report is null and void from the original text and the chain of attribution, and there is no way to be assertive in carrying the legal penalty upon the criticism due to the deficiency in the investigation, like what is from the sheykh, may Allah-azwj have Mercy on him. Tafseer Al Numani – by the previous chain in ‘Kitab Al Quran’ –
‘From Amir Al-Momineen-asws having said: ‘Their law during the pre-Islamic period was that when the woman committed adultery, she would be contained in a room and there would be a custodian for her maintenance until the death came to her and when the man committed adultery, they would expel him from their gatherings, and insult him, and hurt him, and fault (shame) him, and there did not happen to recognise other than this. Allah-azwj the Exalted Said in the beginning of Al Islam: And those from your women who are committing the immoralities, call against them four witnesses from you. So if they do testify, then withhold them in the houses until the death claims them or Allah Makes a way for them [4: 15]. And those two from you who are committing it, hurt them. So if they both repent and amend, turn aside from them both. Surely Allah would always be Oft-returning, Merciful [4: 16]. When the Muslims were many, and was strong, and they shunned matters of the pre-Islamic period, Allah-azwj the Exalted Revealed: The adulteress and the adulterer, flog each one of them a hundred lashes, [24: 2] – up to the end of the Verse. So, this Verse Abrogated the Verse of the containment and the hurting’’. [156]
(The book) ‘Nawadir’ of Al Rawandy – by his chain, ‘From Musa-asws Bin Ja’far-asws, from his-asws forefathers-asws, from Ali-asws having said: ‘Regarding the force (rape), there is no legal penalty upon her, and upon him is dower similar to it’’. [157]