صحيح البخاري
Bukhari
كتاب الإكراهThe Book of Al-Ikrah (Coercion)
بَابُ إِذَا اسْتُكْرِهَتِ الْمَرْأَةُ عَلَى الزِّنَا، فَلاَ حَدَّ عَلَيْهَا:Chapter. If a woman is compelled to commit illegal sexual intercourse against her will, then no legal punishment is inflicted upon her۔
Hadith 6949
اُردوEn
فِي قَوْلِهِ تَعَالَى: {وَمَنْ يُكْرِهْهُنَّ فَإِنَّ اللَّهَ مِنْ بَعْدِ إِكْرَاهِهِنَّ غَفُورٌ رَحِيمٌ}.
Allah, the Exalted, said (in Surah An-Nur) «ومن يكرههن فإن الله من بعد إكراههن غفور رحيم»: "And whoever is compelled to it, then indeed, Allah is Forgiving, Merciful after that compulsion."
وَقَالَ اللَّيْثُ ، حَدَّثَنِي نَافِعٌ ، أَنَّ صَفِيَّةَ بِنْتَ أَبِي عُبَيْدٍ أَخْبَرَتْهُ : أَنَّ عَبْدًا مِنْ رَقِيقِ الْإِمَارَةِ وَقَعَ عَلَى وَلِيدَةٍ مِنَ الْخُمُسِ ، فَاسْتَكْرَهَهَا حَتَّى اقْتَضَّهَا ، فَجَلَدَهُ عُمَرُ الْحَدَّ ، وَنَفَاهُ ، وَلَمْ يَجْلِدِ الْوَلِيدَةَ مِنْ أَجْلِ أَنَّهُ اسْتَكْرَهَهَا ، قَالَ الزُّهْرِيُّ : فِي الْأَمَةِ الْبِكْرِ يَفْتَرِعُهَا الْحُرُّ ، يُقِيمُ ذَلِكَ الْحَكَمُ مِنَ الْأَمَةِ الْعَذْرَاءِ بِقَدْرِ قِيمَتِهَا ، وَيُجْلَدُ ، وَلَيْسَ فِي الْأَمَةِ الثَّيِّبِ فِي قَضَاءِ الْأَئِمَّةِ غُرْمٌ ، وَلَكِنْ عَلَيْهِ الْحَدُّ .
And Safiyya bint 'Ubaid said: "A governmental male-slave tried to seduce a slave-girl from the Khumus of the war booty till he deflowered her by force against her will; therefore 'Umar flogged him according to the law, and exiled him, but he did not flog the female slave because the male-slave had committed illegal sexual intercourse by force, against her will."Az-Zuhri said regarding a virgin slave-girl raped by a free man: The judge has to fine the adulterer as much money as is equal to the price of the female slave and the adulterer has to be flogged (according to the Islamic Law); but if the slave woman is a matron, then, according to the verdict of the Imam, the adulterer is not fined but he has to receive the legal punishment (according to the Islamic Law).
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
A woman who is raped is not subject to the prescribed punishment (hadd), provided that her aversion to the act remains until the very end. If, at the beginning, she was averse but during the act she did not resist at all, rather complied with everything the perpetrator said and even experienced pleasure from the act, then she will not be given the benefit of being helpless.
Umar radi Allahu anhu enforced half the prescribed punishment (hadd) on the slave who forcibly committed fornication with a slave woman—that is, he ordered fifty lashes and exiled him from the city for six months, and exempted the slave woman from punishment.
From this, it is understood that he would also exile a person along with administering the punishment.
➋
The summary of the statement of Imam al-Zuhri rahimahullah is that the ruler of the time should collect the indemnity (diyah) for the loss of virginity from the one who deflowered the slave woman by force, and this indemnity will be according to her value. In the case of fornication with a non-virgin (thayyib), only the prescribed punishment (hadd) will be enforced on the perpetrator.
➊
A woman who is raped is not subject to the prescribed punishment (hadd), provided that her aversion to the act remains until the very end. If, at the beginning, she was averse but during the act she did not resist at all, rather complied with everything the perpetrator said and even experienced pleasure from the act, then she will not be given the benefit of being helpless.
Umar radi Allahu anhu enforced half the prescribed punishment (hadd) on the slave who forcibly committed fornication with a slave woman—that is, he ordered fifty lashes and exiled him from the city for six months, and exempted the slave woman from punishment.
From this, it is understood that he would also exile a person along with administering the punishment.
➋
The summary of the statement of Imam al-Zuhri rahimahullah is that the ruler of the time should collect the indemnity (diyah) for the loss of virginity from the one who deflowered the slave woman by force, and this indemnity will be according to her value. In the case of fornication with a non-virgin (thayyib), only the prescribed punishment (hadd) will be enforced on the perpetrator.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6949
