Dought & clear, - When should the hadd punishment for zina be carried out on a man?

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When does a person deserve the hadd punishment for zina? Is it due when the two circumcised parts meet? Is it when there is sexual intimacy without penetration, i.e., when the man emits semen outside the vagina as some people do when they do not want a pregnancy to occur, or is it only incurred when full intercourse takes place?.
Praise be to Allaah.
The hadd punishment for zina is incurred when the head of the penis enters the vagina. In that case the two circumcised parts have met, i.e., the site of the man’s circumcision and the site of circumcision in the female. If penetration takes place, then this is the zina which incurs the hadd punishment, whether the man ejaculates or not, or if he penetrates to this extent then ejaculates outside, and whether his penis is erect or not.
It says inal-Mawsoo’ah al-Fiqhiyyah(24/23), explaining the conditions of the hadd punishment for zina on which the fuqaha’ are agreed: There is no difference of opinion among the fuqaha’ that in order for the hadd punishment to be incurred, the head of the penis has to disappear into the vagina. If it does not enter it at all or only part of it enters, then there is no hadd punishment because that is not intercourse. There is no stipulation that ejaculation must take place or that the penis must be erect at the time of penetration. The hadd punishment must be carried out whether he ejaculated or not, and whether his penis was erect or not. End quote.
Secondly:
This does not mean that a person may be negligent about committing haraam actions so long as they do not reach the level of zina! Rather the intention here is simply to define the zina that incurs the hadd punishment. Being alone with a non-mahram woman, touching her or kissing her are all undoubtedly haraam, and the Muslim must avoid such actions for fear of the punishment of Allaah sooner or later, in this world or in the Hereafter.
We ask Allaah to guide us and make us pious and chaste.
And Allaah knows best.








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Dought & clear, - He committed zina with a woman; is he allowed to marry her daughter?

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I am a thirty year old man. The shaytaan tempted me and I committed zina with a woman, then Allaah blessed me and had mercy on me, and I repented sincerely to Allaah, may Allaah accept it from me. Until now I have not gotten married. I have decided to get married and my mother has suggested a girl, but this girl is the daughter of the woman with whom I committed zina before (please note that the zina occurred two years ago, and her daughter is now twenty years old). Hence I hope that you can advise me whether this marriage is haraam or not? I hope that you can explain fully.
Praise be to Allaah.
We ask Allaah to accept your repentance. Strive to make it a sincere repentance, because the crime of zina is a grave sin which results in many evils. The married man who commits zina deserves to be stoned to death, and there is no greater punishment than that among the hudood punishments, because of the abhorrent and repugnant nature of this crime.
Our advice to you is not to marry this girl, not because marrying her is haraam, but because through this marriage you will become closer to her mother with whom you committed zina, and getting close to her will remind you of that evil sin, and the shaytaan may whisper to you again, and make sin appear attractive to you, so you fall into it. Keeping away from reminders of evil and sin is part of repentance. This is indicated by the hadeeth about the one who killed one hundred people; the scholar told him to leave his village because its people were evil and immoral people. This is part of repenting fully.
With regard to whether it is permissible to marry this girl, there was a difference of opinion among the scholars regarding such cases. Al-Shaafa’i and Maalik – according to one of the two reports narrated from him – said that it is permissible, but Abu Haneefah, Ahmad and Maalik – according to the other report – said that such a marriage is haraam. The more correct is the first view.
Ibn ‘Abd al-Barr said:
They differed concerning a man who commits zina with a woman; is it permissible for him to marry her daughter or mother? Similarly, if he committed zina with a woman, can his son or father marry her? In all these cases, does zina make haraam what a valid marriage or an invalid marriage makes haraam (i.e., makes certain relatives mahrams to whom marriage is forbidden)?
Maalik said in hisMuwatta’: Zina with a woman does not make it haraam for the one who commits zina with her to marry her daughter or mother. If a man commits zina with the mother of his wife, his wife does not become haraam to him, rather he should be killed. Zina does not make haraam anything that a permissible marriage makes haraam.
This is the view of Ibn Shihaab al-Zuhri and Rabee’ah; it was also the view of al-Layth ibn Sa’d, al-Shaafa’i, Abu Thawr and Dawood. It was also narrated from Ibn ‘Abbaas, who said concerning that: A haraam deed does not make something permissible haraam.
Ibn al-Qaasim narrated from Maalik something other than what is said inal-Muwatta’. He said: If a man commits zina with the mother of his wife, he must be separated from his wife, and in his view he comes under the ruling of one who has married his wife’s mother and consummated the marriage with her. This is also the view of Abu Haneefah and his companions, and of al-Thawri and al-Awzaa’i, all of whom said that if a man commits zina with his wife’s mother, then his wife becomes haraam for him.
Sahnoon said: The companions of Maalik all disagreed with Ibn al-Qaasim on this matter and they agreed with what it says inal-Muwatta’. Allaah has forbidden the Muslim to marry his wife’s mother or daughter. If a man owns a slave woman and he has intercourse with her, then her mother and daughter also become haraam for him.
Similarly, if his father has intercourse with a woman whom he marries or owns as a slave, they become haraam for the son, and vice versa. This has to do with permissible types of intercourse. And Allaah is the One Whose help we seek.
These fuqaha’ – the ones who were qualified to issue fatwas in the Islamic regions – were unanimously agreed that it is not haraam for a man to marry a woman with whom he committed zina, if it is established that she is not pregnant, so it is more likely that he is permitted to marry her mother or daughter. And Allaah is the source of strength.
Al-Istidhkaar (5/463, 464).
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) said:
The correct view is that the mother of a woman with whom a man has committed zina is not haraam for the one who did that, and the daughter of the woman with whom he committed zina is not haraam for the one who did that, because Allaah says (interpretation of the meaning):
“All others are lawful”
[al-Nisa’ 4:24]
Allaah did not mention the mother or daughter of a woman with whom zina has been committed as being among those to whom marriage is forbidden, rather He said:
“your wives’ mothers, your stepdaughters under your guardianship, born of your wives to whom you have gone in — but there is no sin on you if you have not gone in them (to marry their daughters),”
[al-Nisa’ 4:23]
It is well known that the woman with whom a man has committed zina is not one of his wives at all. As she is not one of his wives, it is not valid to compare fornication to valid marriage. If he has repented from zina it is permissible for him to marry the mother or daughter of a woman with whom he committed zina. End quote.
Al-Sharh al-Mumti’(7/38, 39)
Conclusion:
This is a matter concerning which the scholars differed. The correct view is that it is permissible to marry the daughter of a woman with whom one has committed zina so long as she is not one’s own daughter, but our advice to you is not to marry her for two reasons: to be on the safe side, because she is haraam for you according to many of the scholars, and so that your marriage to her will not be a cause of your getting close to her mother and getting in touch with her, which may lead to you going back to that sin from which you have repented. And Allaah knows best.










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Dought & clear, - How soundis the hadeeth, “Give the adulterer the tidings of poverty”?

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How sound is the hadeeth which says, “Give the adulterer the tidings of poverty, even if it is after a while”? If it is a saheeh hadeeth, can you explain it to me?.
Praise be to Allaah.
Firstly:
The hadeeth with the wording mentioned has no basis, as it was not narrated by any of the scholars of hadeeth and it is not to be found in any of the reliable books of Sunnah.
Al-‘Ajlooni says inKashf al-Khafa’(1/286):
“Give the killer the tidings of killing”. It says inal-Maqaasid: I do not know it, and the well known addition that many people say, “Give the adulterer the tidings of poverty, even if it is after a while”, is also not saheeh, even though reality bears witness to that. End quote.
Shaykh Ahmad al-‘Aamiri said inal-Jadd al-Hatheeth(73) that it is not a hadeeth. End quote.
It says inal-Nukhbah al-Bahiyyah fi Bayaan al-Ahaadeeth al-Makdhoobah‘ala Khayr al-Bariyyah, by Muhammad al-Ameer al-Kabeer al-Maaliki (d. 1228 AH) (p. 43): It is not known. End quote.
There are other ahaadeeth which point to the same meaning, but they are also not saheeh, such as the hadeeth of Ibn ‘Umar (may Allaah be pleased with him), according to which the Prophet (peace and blessings of Allaah be upon him) said: “Zina leads to poverty.”
This was narrated by Abu Haatim, as it says inal-‘Ilal(1/410-411), and by al-Qadaa’i inMusnad al-Shihaab(1/73), Ibn ‘Adiyy inal-Kaamil(6/432) and al-Bayhaqi inShu’ab al-Eemaan(4/363) via al-Maadi ibn Muhammad from Layth ibn Abi Sulaym, from Mujaahid, from Ibn ‘Umar.
Abu Haatim said, after narrating the hadeeth: This is a false (baatil) hadeeth. I do not know Maadi. End quote.
It was mentioned by Ibn Hibbaan inal-Majrooheen(2/237) among the munkar hadeeth of Layth ibn Abi Sulaym.
Ibn ‘Adiyy said inal-Kaamil(8/183): It is not known. Al-Dhahabi said inal-Meezaan(3/423): It is munkar. Al-Albaani said inal-Silsilah al-Da’eefah(140): It is baatil.
See inal-Silsilah al-Da’eefah(1/270-274) other ahaadeeth which describe the evils and negative consequences that result from zina, all of which are mawdoo’ (fabricated) or munkar.
Secondly:
It is well known that sins bring nothing but evil and calamities, as Allaah says (interpretation of the meaning):
“Evil (sins and disobedience to Allaah) has appeared on land and sea because of what the hands of men have earned (by oppression and evil deeds), that He (Allaah) may make them taste a part of that which they have done, in order that they may return (by repenting to Allaah, and begging His Pardon)”
[al-Room 30:41]
“And whatever of misfortune befalls you, it is because of what your hands have earned. And He pardons much”
[al-Shoora 42:30]
Because of sins a person is deprived of provision and goodness, and because of sins the earth is deprived of rain, even if they are minor sins, so how about if they are major sins?
It was narrated that ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with him)said: The Messenger of Allaah (peace and blessings of Allaah be upon him) turned to us and said: “O Muhaajireen, there are five things with which you will be tested, and I seek refuge with Allaah lest you live to see them: Immorality never appears among a people to such an extent that they commit it openly, but plagues and diseases that were never known among the predecessors will spread among them. They do not cheat in weights and measures but they will be stricken with famine, severe calamity and the oppression of their rulers. They do not withhold the zakaah of their wealth, but rain will be withheld from the sky and were it not for the animals no rain would fall on them. They do not break their covenant with Allaah and His Messenger, but Allaah will enable their enemies to overpower them and take some of what is in their hands. Unless their leaders rule according to the Book of Allaah and follow the guidance of Allaah, Allaah will cause them to fight one another.” Narrated by Ibn Majaah (4019) and classed as hasan by al-Albaani.
So it is not unlikely that Allaah may afflict the zaani with poverty, as a punishment for his sin, as he enjoyed pleasure in a manner that was not permissible, so Allaah punishes him by depriving him of wealth and independence of means, and sends poverty and hardship upon him, as a punishment that fits his crime.
Ibn Hibbaan narrated inal-Thiqaat(7/574) via Mak-hool al-Shaami that Ibn ‘Umar said to him: O Mak-hool, beware of zina, for it leads to poverty.
And it was narrated that Asma’ (may Allaah be pleased with her) said: I saw Zayd ibn ‘Amr as an old man, leaning back against the Ka’bah and saying: Woe to you, O Quraysh, beware of zina for it leads to poverty.
This was narrated by Abu Na’eem inMa’rifat al-Sahaabah(8/120 2) and by Ibn ‘Asaakir inTareekh Dimashq(19/512-513). It was also quoted by Ibn Katheer inal-Bidaayah wa’l-Nihaayah(2/241).
Al-Munaawi said inFayd al-Qadeer(4/72):
“Zina leads to poverty” means it is inevitable, because wealth (or independence of means) comes from the bounty of Allaah, and His bounty is bestowed upon those who are content with Allaah and what He gives them. Allaah has made His slaves free of any need to commit zina through that which He has permitted to them of marriage by His bounty. So the one who prefers zina to that has preferred to follow the accursed shaytaan rather than being content with the bounty of Allaah, and if the bounty is lost then independence of means is lost and there comes hardship. So zina leads to loss of blessing. If a person is tested with it and does not give it up and return (to the right way), then let him bid farewell to the blessings of Allaah, for that is a guest that soon departs.
“That is so because Allaah will never change a grace which He has bestowed on a people until they change what is in their ownselves. And verily, Allaah is All-Hearer, All‑Knower”
[al-Anfaal 8:53]
It says in Sharh al-Shihaab: Poverty is of two types: poverty of hand and poverty of heart. The sin of zina takes away and erases the blessing of wealth, because it is ingratitude for the blessing and using it to disobey the One Who granted the blessing, so it takes it away. Then he is tested with poverty of heart because of his weakness of faith, so his heart starts to seek that which it does not have and he is not given patience to bear it, and this is an ongoing punishment. End quote.
Ibn al-Qayyim said inRawdat al-Muhibbeen(360):
Zina includes all kinds of evil: lack of religious commitment, loss of piety, corruption of chivalry, lack of protective jealousy. You will not find any zaani who is pious, or fulfils covenants, or is sincere in speech, or maintains friendships, or has a proper sense of protective jealousy concerning his family.
Treachery, lying, betrayal, lack of modesty, lack of awareness that Allaah is watching, failure to refrain from indulging in haraam, and loss of protective jealousy are all results of zina.
Another result of zina is the wrath of the Lord due to His sacred limits being transgressed and the sanctity of the family being violated. If a man were to do that to some king, he would punish him in the worst manner.
Another result is darkness of the face, and depression and self-hatred, which are obvious to all onlookers.
Another result is darkness of the heart and extinguishing of light from it, which leads to extinguishing of light in the face and darkness therein.
Another result is inevitable poverty. According to a report, Allaah says: “I am Allaah, Who destroys tyrants and make adulterers poor.”
Another result is loss of respect for the one who does it, so that he becomes insignificant before Allaah and before His slaves.
Another result is that he loses the best of qualities, such as chastity, righteousness and good character, and he acquires the opposite, so that he becomes known as an immoral person, evildoer, adulterer and betrayer.
Another result is that he is no longer regarded as a believer, as it was narrated inal-Saheehaynthat the Prophet (peace and blessings of Allaah be upon him) said: “The adulterer at the time when he is committing adultery is not a believer.” So he loses his faith in a general sense, although he does not lose it altogether. Ja’far ibn Muhammad was asked about this hadeeth and he draw a circle on the ground and said: This is the circle of faith. Then he drew another circle outside it and said: This is the circle of Islam. When a person commits zina he goes out of (the former) but he does not go out of (the latter).
Just because a man has a portion of faith, it does not mean that he can be called a believer, just as if a man has a portion of knowledge and fiqh, he cannot be called a scholar or faqeeh, or if he has a portion of courage or generosity he cannot be called courageous or generous. Similarly, he may have a portion of piety but he cannot be called pious, and so on. The correct view is to take this hadeeth as it appears to be and not try to interpret it otherwise. And Allaah knows best.
Another result is that he exposes himself to becoming one of the inhabitants of the oven in which the Prophet (peace and blessings of Allaah be upon him) saw adulterers and adulteresses.
Another result is that he ceases to be tayyib (good), as Allaah described those who are chaste, and instead becomes khabeeth (bad), as Allaah describes those who commit zina, as Allaah says (interpretation of the meaning):“Bad statements are for bad people (or bad women for bad men) and bad people for bad statements (or bad men for bad women). Good statements are for good people (or good women for good men) and good people for good statements (or good men for good women)” [al-Noor 24:26].
Allaah has forbidden Paradise to everyone who is khabeeth (bad, evil); rather He has made it an abode for the good, and no one but good people will enter it. Allaah says (interpretation of the meaning):
“Those whose lives the angels take while they are in a pious state (i.e. pure from all evil, and worshipping none but Allaah Alone) saying (to them): Salaamun ‘Alaikum (peace be on you) enter you Paradise, because of that (the good) which you used to do (in the world)”
[al-Nahl 16:32]
“and its keepers will say: Salaamun ‘Alaykum (peace be upon you)! You have done well, so enter here to abide therein”
[al-Zumar 39:73]
They only deserve the greeting of the angels and admission to Paradise because of their goodness, but zina is one of the most evil of actions, and Allaah has made Hell the abode of evil and evil people. When the Day of Resurrection comes, He will separate evil from good, and He will put evil all together, then throw it and its people into Hell. No good person will enter Hell and no evil person will enter Paradise.
Another result is the sense of alienation which Allaah casts into the heart of the zaani, and it is akin to the alienation that appears in his face. The chaste person has sweetness in his face and comfort in his heart, and the one who sits with him feels comfortable with him. But the zaani has alienation in his face and the one who sits with him feels uncomfortable with him.
Another result is lack of respect from his family, companions and others. He is the least significant of things in their eyes, unlike the chaste man, who is respected and liked.
Another result is that people regard him as treacherous, and no one will trust him with regard to his womenfolk or children.
Another result is the odour that emanates from him and is smelled by everyone who has a sound heart; it comes from his mouth and body.
Another result is anxiety, because adulterers get the opposite of what they seek. The one who seeks the pleasures and good things of life by doing that which Allaah has forbidden will be punished with the opposite of what he sought, because that which is with Allaah can only be attained by obeying Him. Allaah never makes disobedience to Him the means of attaining goodness. If the evildoer understood what pleasure, joy, delight and good living there is in chastity, he would think that what he has missed out on of pleasure is many times greater than that which he has attained, let alone the ultimate achievement of attaining the reward and honour of Allaah.
Another result is that he exposes himself to missing out on the enjoyment of al-hoor al-‘iyn in delightful abodes in the Paradise of ‘Adn (Garden of Eden). We have stated above that Allaah will punish the one who wears silk in this world by depriving him of wearing it on the Day of Resurrection, and He will punish the one who drinks wine in this world by depriving him of it on the Day of Resurrection. Similarly, in the case of the one who seeks haraam forms of pleasure in this world, for everything that he got in this world, if it was available in a permissible form, his share of it on the Day of Resurrection will be reduced, and whatever he got in haraam ways will be reduced on the Day of Resurrection.
Another result is that zina leads to severing of family ties, disobedience towards parents, haraam earnings, wronging people and loss of one’s wife and family, and it may led to shedding of blood that it is not permissible to shed, or seeking help by means of witchcraft and shirk, whether he realizes it or not. This sin can only be committed if it is accompanied by other sins, beforehand or alongside it, and it generates other sins that come after it. It is surrounded by a legion of sins that come before it and after it, and it is the action that brings the most evil in this world and in the Hereafter and prevents the most goodness in this world and in the Hereafter. Once a person falls into the trap of this sin, no advice will benefit him and no one can save him from it, and the blessings of Allaah will soon depart from him. Anyone who commits this sin may bid farewell to the blessings of Allaah.
Allaah says:
“That is so because Allaah will never change a grace which He has bestowed on a people until they change what is in their ownselves. And verily, Allaah is All-Hearer, All‑Knower”
[al-Anfaal 8:53]
“But when Allaah wills a people’s punishment, there can be no turning back of it, and they will find besides Him no protector”
[al-Ra’d 13:11]
End quote.
And Allaah knows best.










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