Musannaf Ibn Abi Shaybah 30745 — Testimony of zina: how is it given?

Qasamah bin Zuhayr said: When the matter between Sayyiduna Abu Bakrah and Sayyiduna al-Mughirah bin Shu'bah (may Allah be pleased with them both) took place, it was as follows. Sayyiduna Abu Bakrah said: Keep away from our prayers, for we will not pray behind you. So Sayyiduna al-Mughirah wrote to Sayyiduna Umar (may Allah be pleased with him) about him. Sayyiduna Umar wrote back to Sayyiduna al-Mughirah: After praise and blessings: it has conveyed to me one of the reports about you. If it is true against you, then your having died before today would have been better for you. Then he wrote to him and to the witnesses that they should all come to him. When they had all reached Sayyiduna Umar, he called the witnesses, and they testified: Sayyiduna Abu Bakrah, Shibl bin Ma'bad and Abu Abdullah Nafi' testified. The narrator said: When these three had testified, Sayyiduna Umar said: Al-Mughirah has perished; let the fourth man come! And this state of his weighed very heavily on Sayyiduna Umar. When Ziyad stood up, he said: This man will never testify, if Allah wills, except to the truth. Then he testified and said: As for zina (unlawful sexual intercourse), I do not testify to it, but I did see an obscene matter. At this Sayyiduna Umar said: Allahu Akbar! Flog these three. So he had them flogged. When they had finished flogging Sayyiduna Abu Bakrah, Sayyiduna Abu Bakrah stood up and said: I testify that he is an adulterer! So Sayyiduna Umar was about to carry out the punishment on him again. At this Sayyiduna Ali (may Allah be pleased with him) said: If you flog him, then stone your companion as well! So Sayyiduna Umar left him, and after that no one was flogged twice for one accusation.