Hadith 114

g committed adultery, so we stoned him; and as for the third, he was unmarried, so we struck him the legal penalty (of whipping); and as for the fourth, he is a slave who had committed adultery, so we struck him half the legal penalty; and as for the fifth, he was overcome upon his intellect (insane), so we excused him’. Umar said, ‘May I not live in a community you-asws aren’t in it, O Abu Al-Hassan-asws! ’’[137]
And it is reported, ‘He (Umar) was brought a pregnant woman so he ordered with stoning her. Amir Al-Momineen-asws said to him: ‘Given there is a way for you upon her, but is there a way for you upon what is in her belly, and Allah-azwj the Exalted Says: nor will it bear the burden of another; [6: 164]? ’
He said, ‘So what shall I do with her? ’
He-asws said: ‘Be patient upon her until she gives birth. When she has given birth and finds for her child someone who takes care of it, then establish the legal penalty upon her’. When it was born, it died. Umar said, ‘Had it not been for Ali-asws, Umar would have been destroyed! ’’[138]
Ibn Al Musayyib, ‘Muawiya wrote to Abu Musa Al-Ashari asking him to ask Ali-asws about a man having found a man with his wife being immoral with her, so he killed him. What is that which obligates upon him? ’
He-asws said: ‘If the adulterer was a married man, there is nothing upon his killer because he has killed the one, the killing was obligated upon him’’. [139]
And in a report by the author of ‘Al Muwatta’ –
‘He-asws said: ‘I-asws am Abu Al-Hassan-asws. If he cannot establish four witnesses, let him be give his full (punishment of stoning)’’. [140] (Non-Shia source)
And it is reported, ‘A woman resembled for a man with his slave girl and lied down upon his bed at night. He slept with her. Amir Al-Momineen-asws ordered with establishing the legal penalty upon the man in secret, and upon the woman openly’’. [141]