Musannaf Ibn Abi Shaybah

Hazrat Hanish bin Mu'tamir narrates that a man who had confessed to adultery was brought to Hazrat Ali (may Allah be pleased with him). Hazrat Ali (may Allah be pleased with him) asked him, "Are you married?" He replied, "Yes." Hazrat Ali (may Allah be pleased with him) ordered that he be stoned. He was imprisoned. In the evening, Hazrat Ali (may Allah be pleased with him) mentioned the incident to the people, and a man said that he had married a woman but had not yet consummated the marriage according to Shariah. Hazrat Ali (may Allah be pleased with him) was pleased with this and, instead of ordering stoning, ordered only the prescribed punishment to be carried out, separated him from his wife, and gave the woman half of the dowry.

Hasan says that if a virgin (who is married) commits adultery, she will be flogged, she will be separated from her husband, and she will not receive the dowry. Then Hasan recited this verse { وَلاَ تَعْضُلُوہُنَّ لِتَذْہَبُوا بِبَعْضِ مَا آتَیْتُمُوہُنَّ إلاَّ أَنْ یَأْتِینَ بِفَاحِشَۃٍ مُبَیِّنَۃٍ }.

17727 - From Ash'ath, from al-Hasan, that the virgin if she commits adultery is flogged and separated from her husband and she has nothing, then al-Hasan interpreted this verse: "And do not prevent them from marrying so as to take back part of what you have given them unless they commit a clear immorality." [النساء: ١٩].

Ibrahim says that in such a case, separation will be effected between them and the woman will not receive the dowry.

Hasan says that if a man marries a woman and then, before consummation, the woman commits adultery, separation will be effected between them and the woman will not receive the dowry. She will be given one hundred lashes, exiled for one year, and if the man commits adultery, separation will be effected between them.

Hazrat Sha'bi says that in such a case, the woman will remain his wife and the prescribed punishment (hadd) will be carried out on her. If he wishes, he may divorce her, and if he wishes, he may keep her. This is just like a woman is not separated from her husband if he commits adultery.

Hazrat Hakam states that if a man commits adultery before having a lawful (Shari'ah) union with his wife, he will not be separated from his wife.

Hazrat Zuhri says that if a man and a woman are married and, before the lawful meeting, either one of them commits adultery, then they will be flogged, but separation will not be enforced between them.

Hazrat Safiyyah bint Abi Ubaid narrates that a man, after marrying a woman but before consummating the marriage, committed adultery with another woman. So Hazrat Abu Bakr had him flogged with one hundred lashes and exiled for one year.