Adultery
1. Adultery and its Seriousness
Hazrat Ali (AS) has reported from the Holy Prophet (SA) who said, “When the crime of adultery in my followers will be appalling, the number of premature deaths will be on increase.” (Wafi,vol. 9, p. 34)
Imam Jafar Sadiq (AS) has said, “A man who indulges in adultery must be ready for six
things, he will face three things in this world and the other three in the world hereafter.
The three things he will face in this world are:
1. His face will become ugly
2. Will be penniless
3. Will die soon
The three things he will face in the world hereafter are:
1. The rage of Allah
2. Very hard questioning.
3. Will remain in the hell forever
2. Adultery by an Unmarried Person
Hazrat Ali (AS) used to punish those unmarried men who committed adultery by hundred
whips and exile. (Wafi, vol. 9, p. 39).
3. If a Married Man or Woman Committed Adultery
If a married man or woman committed adultery Hazrat Ali (AS) awarded them the
punishment of stoning to death. (Wafi, vol. 9, p. 39).
4. Rajm (Stoning to Death) Purifies the One Who Committed Adultery)
When Hazrat Ali (AS) went to see Sharaha Hamadania (a woman who committed
adultery) being stoned to death there was such a huge crowd that it was feared that people
would be trampled by one another.
Hazrat Ali (AS), therefore, ordered the closure of the City gates. When the punishment
was over and the gates were reopened for the people who had accompanied Hazrat Ali
(AS) to the scene to come in, people started passing remarks on the deceased. Hazrat Ali (AS)
said to them, “Hold your tongue now, the deceased has been purified by the punishment
awarded to her.”
5. Adultery with a Woman Who Agrees to the Crime under Adverse Circumstances
It has been related from Arbaeen Khateeb Baghdadi that a woman was brought to Hazrat
Omar. She was found committing adultery on the banks of a certain river of
Arbistan
stoning to death.
Hearing this judgement of Hazrat Omar, she uttered the following words, “O God!
Thou knoweth that I am not guilty.”
These words of her enraged Hazrat Omar further. He said to her, “You committed
adultery and still you dare belie the witnesses.”
When she was being carried to the place where she was going to be stoned to death, she
met Hazrat Ali (AS) who was passing by that way.
Seeing her, he asked the executioners to take her back to Hazrat Omar for further
investigation. When she was taken back to Hazrat Omar , Hazrat Ali (AS) asked her
to relate her story to him (Hazrat Ali (AS)). The woman in question related her story to as
follows:
“My family has some camels. Yesterday, I took them out to the desert for grazing. At
about noon I felt thirsty, but I had no water with me to drink, neither there was any water
in the vicinity with which I could quench my thirst.”
“A little way off from there,” she continued, there was another man, who had water with
him. But when I asked him for a little water to drink, he refused to give a single drop of it
to me unless I agreed to commit adultery with him, but I refused.”
“When I felt very thirsty and was about to die of thirst,” further continued the woman, “I
agreed, under compulsion though, to allow him to fulfil his carnal desire.
Having heard the story of the woman Hazrat Ali (AS) exclaimed, “The one who is
compelled by circumstances in case he or she is not disobedient and does not exceed the
limits of law and go beyond the restrictions put on him or her by Allah they are not
responsible for any crime committed under such circumstances.” Hearing this Hazrat
Omar released the woman.
(Manaqib, vol. 2, p. 190, Biharul Anwar, vol. 9, p. 484, Riaz, vol. 2 p. 259; Zakheeratul
Uqba,p. 81, Turuqi Hikmia by Ibne Qaiyum).
6. Different Punishments for One and the Same Crime
Asbagh bin Nabata has reported that five persons who were accused of adultery were
once brought to Hazrat Omar. He ordered for their punishment by stoning them all
to death.
Hazrat Ali (AS) when heard of that, said that the judgement was wrong.
He then heard them separately and awarded them different punishments as follows:
To the first he awarded the punishment of beheading, stoning to death to the second,
whipping to the third and half of the full punishment to the fourth. He set free the fifth
after awarding him an ordinary punishment.
When Hazrat Omar asked Hazrat Ali (AS) to explain his above decision, he (Hazrat
Ali AS) said to him.
“The first of them is a Zimmi (the one who pays a certain amount to an Islamic State for
the safety of his life) who has committed adultery with a Muslim woman; the second is a
married man whose punishment under the religious law is stoning to death; the third is an
unmarried man, who stands to be punished under the same law by whipping; the fourth is
a slave whose punishment in case of adultery as fixed by the religious law is half of the
full punishment fixed by the religious law for that crime; the fifth of them is half-mad and
has therefore, been awarded an ordinary punishment for one and the same crime
committed by others as this punishment has been fixed for such men and women by the
religious law.”
Hazrat Omar while accepting the above judgement of Hazrat Ali (AS) said, “May I
not live in the nation wherein there is no Abul Hasan for solving such problems.”
(Manaqib, vol. 2, p. 183; Nasikhut Tawarikh, vol. 2, p. 732, Biharul Anwar vol. 9, p. 478)
7. If Adultery is committed by a Man Whose Wife is Away From Him
Hazrat Ali (AS) was on pilgrimage to Mecca
produced before him. The judgement by Hazrat Omar who was a caliph then, was
to stone the man to death. On hearing of the above judgement delivered by Hazrat Omar
in the case in question, Hazrat Ali (AS) said to him;
“The total punishment fixed by the religious law in such a case is whipping and not
stoning to death, because the wife of the man involved in it is away from him.”
Hearing this decision by Hazrat Ali (AS), Hazrat Omar said, “May not Allah allow
me to survive the time when I am in a difficulty and Abul Hasan is not there to solve it.”
(Manaqib Khawarzami through Bihar vol. 9, p. 478; Manaqib Shehr Aashob vol. 2, p.
183).
8. Adultery with a Christian or a Jewish Woman
Hazrat Muhammad bin Abubakr once wrote to Hazrat Ali (AS) asking him that if a male
Muslim commits adultery with a Christian or a Jewish woman what punishment should
be awarded to them.
Hazrat Ali (AS) wrote back to him, “If the Muslim male is a married one, stone him to
death, if unmarried, he should be punished by hundred whips. The Christian or Jewish
woman, if involved in such a case should be deported to their people to treat her as they
liked. (Wafi, vol. 9, p. 39).
9. If Adultery is committed by Those Who are dangerously
A man was once brought to Hazrat Ali (AS) who was to be punished under the religious
law for committing a certain crime, but as he had several wounds on his body, Hazrat Ali
(AS) said that he should be spared for some time till he recovered from those wounds.
When his woundshealed, Hazrat Ali (AS) ordered for his total punishment. (Wafi, vol. 9,
p. 45).
It has been reported by Imam Jafar Sadiq (AS) that a manwas suffering from dropsy was
presented before the Holy Prophet (SA). He was accused of adultery. The Holy Prophet
(SA) asked the woman involved in the case as to whether she had agreed to the crime to
which she replied that she became aware of the fact when he had attacked her and
overpowered her. Thereafter, the Holy Prophet (SA) asked the man as to whether he
admitted his crime, to which he replied in the affirmative, but he was not a married man.
The Holy Prophet (SA), therefore, sent for a branch of the palm tree.
Then, He (S) caught hold of a hundred thin straws from that branch and beat the man
therewith. From both the above reports, if taken jointly, it would be clear that a Muslim
judge has the discretion of awarding either of the two punishments in such cases, i.e., he
may award the punishment there and then as was done by the Holy Prophet (SA) or he
may wait till the person recovers from illness. In case the one and the only way adopted
by the Holy Prophet (SA) is followed by the judges in all such cases the fear of
punishment would vanish from the minds of the people However, the judge must decide
each case on individual merits and award the required punishment accordingly. In case
there is no hope of the survival of the person from that disease as was surely in the case
decided by the Holy Prophet (SA), he may follow the Holy Prophet (SA) in his
judgement, but in case there is hope of survival of the accused from a certain disease or
wounds as in the case decided by Hazrat Ali (AS) wherein there was a certainty that the
accused would survive his wounds which were expected to heal sooner or later, the judge
may follow the latter with discretion which is allowed to him in such cases. (Note by
Allama Jazairi; Abu Turab, (Urdu) vol. 2, p.88).
10. If Adultery is Committed with an Insane Woman
A question was put to Hazrat Ali (AS) about an insane woman with whom adultery was
committed and she had become pregnant, to which the Holy Imam (AS) replied.
“An insane woman is just like an animal and is out of the control of her mind. Therefore,
there is no punishment for her if she is involved in a case of adultery i.e., neither stoning
to death nor even whipping or exile.” (Wafi, vol. 9, p. 46).
Allama Jazairi in his collection of judgements of Hazrat Ali (AS) titled 'Abu Turab' (Urdu)
vol. 2, p. 89) has added the following note to the above judgement.
“The above judgement is particularly meant for an insane woman. If an insane man who
is either completely mad or his brain is slightly deranged is involved in such a case he
cannot escape the punishment fixed for adultery for the reason as explained in the
following tradition of Imam Jafar Sadiq (AS) who has said .”
“If an insane man or a woman? Whose brain is half deranged indulges in adultery, he
would be stoned to death, provided he has a wife, otherwise he would be whipped.”
The person who has reported the above tradition of the Holy Imam (AS) proceeding
further says as under :
“When I asked the Holy Imam (AS) as to why there were two different punishment for an
insane man and an insane woman, he replied.”
“It is because the man involved in such a case commits the crime deliberately and
sensibly i.e., with full knowledge of his sensual feelings and as to how he should do it,
whereas the woman with whom the crime is committed and who is only an object in the
case and has no sense at all as to what is being done with her but at times she is totally
ignorant of it.” (Wafi, vol. 9, p. 46).
11. Adultery in Dream
A man brought another man, holding him by the opening in his shirt, to the first caliph,
Hazrat Abu Bakr , and said to the caliph, “This man says that he was discharged by
dreaming adultery with my mother last night.”
The caliph wondered as to what he should say in the matter. Hazrat Ali (AS) who was also
present in the mosque at the time said to the caliph. “In such a case the justice is this that
the man who has described his dream to the other man should be made to stand in the
sun-shine and the punishment orders should be carried out on his shadow as he dreamt
adultery only in adream andthe man should also be struck with one or two whips, so
that he should not trouble people with such loose talk in future.”
(Manaqib Shehr Aashob vol. 2, p. 179).
--
Haider Ajaz
1. His face will become ugly
2. Will be penniless
3. Will die soon
1. The rage of Allah
2. Very hard questioning.
3. Will remain in the hell forever
3. If a Married Man or Woman Committed Adultery
adultery) being stoned to death there was such a huge crowd that it was feared that people
would be trampled by one another.
Hazrat Ali (AS), therefore, ordered the closure of the City gates. When the punishment
was over and the gates were reopened for the people who had accompanied Hazrat Ali
(AS) to the scene to come in, people started passing remarks on the deceased. Hazrat Ali (AS)
said to them, “Hold your tongue now, the deceased has been purified by the punishment
awarded to her.”
Omar. She was found committing adultery on the banks of a certain
stoning to death.
Thou knoweth that I am not guilty.”
These words of her enraged Hazrat Omar further. He said to her, “You committed
adultery and still you dare belie the witnesses.”
met Hazrat Ali (AS) who was passing by that way.
Seeing her, he asked the executioners to take her back to Hazrat Omar for further
investigation. When she was taken back to Hazrat Omar , Hazrat Ali (AS) asked her
to relate her story to him (Hazrat Ali (AS)). The woman in question related her story to as
follows:
about noon I felt thirsty, but I had no water with me to drink, neither there was any water
in the vicinity with which I could quench my thirst.”
“A little way off from there,” she continued, there was another man, who had water with
him. But when I asked him for a little water to drink, he refused to give a single drop of it
to me unless I agreed to commit adultery with him, but I refused.”
“When I felt very thirsty and was about to die of thirst,” further continued the woman, “I
agreed, under compulsion though, to allow him to fulfil his carnal desire.
compelled by circumstances in case he or she is not disobedient and does not exceed the
limits of law and go beyond the restrictions put on him or her by Allah they are not
responsible for any crime committed under such circumstances.” Hearing this Hazrat
Omar released the woman.
(Manaqib, vol. 2, p. 190, Biharul Anwar, vol. 9, p. 484, Riaz, vol. 2 p. 259; Zakheeratul
Uqba,p. 81, Turuqi Hikmia by Ibne Qaiyum).
once brought to Hazrat Omar. He ordered for their punishment by stoning them all
to death.
Hazrat Ali (AS) when heard of that, said that the judgement was wrong.
He then heard them separately and awarded them different punishments as follows:
To the first he awarded the punishment of beheading, stoning to death to the second,
whipping to the third and half of the full punishment to the fourth. He set free the fifth
after awarding him an ordinary punishment.
Ali AS) said to him.
“The first of them is a Zimmi (the one who pays a certain amount to an Islamic State for
the safety of his life) who has committed adultery with a Muslim woman; the second is a
married man whose punishment under the religious law is stoning to death; the third is an
unmarried man, who stands to be punished under the same law by whipping; the fourth is
a slave whose punishment in case of adultery as fixed by the religious law is half of the
full punishment fixed by the religious law for that crime; the fifth of them is half-mad and
has therefore, been awarded an ordinary punishment for one and the same crime
committed by others as this punishment has been fixed for such men and women by the
religious law.”
Hazrat Omar while accepting the above judgement of Hazrat Ali (AS) said, “May I
not live in the nation wherein there is no Abul Hasan for solving such problems.”
produced before him. The judgement by Hazrat Omar who was a caliph then, was
to stone the man to death. On hearing of the above judgement delivered by Hazrat Omar
in the case in question, Hazrat Ali (AS) said to him;
“The total punishment fixed by the religious law in such a case is whipping and not
stoning to death, because the wife of the man involved in it is away from him.”
Hearing this decision by Hazrat Ali (AS), Hazrat Omar said, “May not Allah allow
me to survive the time when I am in a difficulty and Abul Hasan is not there to solve it.”
(Manaqib Khawarzami through Bihar vol. 9, p. 478; Manaqib Shehr Aashob vol. 2, p.
183).
Muslim commits adultery with a Christian or a Jewish woman what punishment should
be awarded to them.
Hazrat Ali (AS) wrote back to him, “If the Muslim male is a married one, stone him to
death, if unmarried, he should be punished by hundred whips. The Christian or Jewish
woman, if involved in such a case should be deported to their people to treat her as they
liked. (Wafi, vol. 9, p. 39).
law for committing a certain crime, but as he had several wounds on his body, Hazrat Ali
(AS) said that he should be spared for some time till he recovered from those wounds.
When his woundshealed, Hazrat Ali (AS) ordered for his total punishment. (Wafi, vol. 9,
p. 45).
It has been reported by Imam Jafar Sadiq (AS) that a manwas suffering from dropsy was
presented before the Holy Prophet (SA). He was accused of adultery. The Holy Prophet
(SA) asked the woman involved in the case as to whether she had agreed to the crime to
which she replied that she became aware of the fact when he had attacked her and
overpowered her. Thereafter, the Holy Prophet (SA) asked the man as to whether he
admitted his crime, to which he replied in the affirmative, but he was not a married man.
The Holy Prophet (SA), therefore, sent for a branch of the palm tree.
Then, He (S) caught hold of a hundred thin straws from that branch and beat the man
therewith. From both the above reports, if taken jointly, it would be clear that a Muslim
judge has the discretion of awarding either of the two punishments in such cases, i.e., he
may award the punishment there and then as was done by the Holy Prophet (SA) or he
may wait till the person recovers from illness. In case the one and the only way adopted
by the Holy Prophet (SA) is followed by the judges in all such cases the fear of
each case on individual merits and award the required punishment accordingly. In case
there is no hope of the survival of the person from that disease as was surely in the case
decided by the Holy Prophet (SA), he may follow the Holy Prophet (SA) in his
judgement, but in case there is hope of survival of the accused from a certain disease or
wounds as in the case decided by Hazrat Ali (AS) wherein there was a certainty that the
accused would survive his wounds which were expected to heal sooner or later, the judge
may follow the latter with discretion which is allowed to him in such cases. (Note by
Allama Jazairi; Abu Turab, (Urdu) vol. 2, p.88).
committed and she had become pregnant, to which the Holy Imam (AS) replied.
“An insane woman is just like an animal and is out of the control of her mind. Therefore,
there is no punishment for her if she is involved in a case of adultery i.e., neither stoning
to death nor even whipping or exile.” (Wafi, vol. 9, p. 46).
vol. 2, p. 89) has added the following note to the above judgement.
“The above judgement is particularly meant for an insane woman. If an insane man who
is either completely mad or his brain is slightly deranged is involved in such a case he
cannot escape the punishment fixed for adultery for the reason as explained in the
following tradition of Imam Jafar Sadiq (AS) who has said .”
“If an insane man or a woman? Whose brain is half deranged indulges in adultery, he
would be stoned to death, provided he has a wife, otherwise he would be whipped.”
The person who has reported the above tradition of the Holy Imam (AS) proceeding
further says as under :
“When I asked the Holy Imam (AS) as to why there were two different punishment for an
insane man and an insane woman, he replied.”
“It is because the man involved in such a case commits the crime deliberately and
sensibly i.e., with full knowledge of his sensual feelings and as to how he should do it,
whereas the woman with whom the crime is committed and who is only an object in the
case and has no sense at all as to what is being done with her but at times she is totally
ignorant of it.” (Wafi, vol. 9, p. 46).
Hazrat Abu Bakr , and said to the caliph, “This man says that he was discharged by
dreaming adultery with my mother last night.”
The caliph wondered as to what he should say in the matter. Hazrat Ali (AS) who was also
present in the mosque at the time said to the caliph. “In such a case the justice is this that
the man who has described his dream to the other man should be made to stand in the
sun-shine and the punishment orders should be carried out on his shadow as he dreamt
adultery only in adream andthe man should also be struck with one or two whips, so
that he should not trouble people with such loose talk in future.”
(Manaqib Shehr Aashob vol. 2, p. 179).
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