A man who marries a woman and commits adultery before consummating

Hanash bin al-Mu'tamir said: A man who had confessed to fornication was brought to Sayyiduna Ali (may Allah be pleased with him). Sayyiduna Ali (may Allah be pleased with him) asked him: Are you married? He said: Yes. Sayyiduna Ali (may Allah be pleased with him) ordered that he be stoned. He was put in prison. In the evening Sayyiduna Ali (may Allah be pleased with him) related his case to the people, and a man said: He has married a woman but has not yet consummated the marriage. Sayyiduna Ali (may Allah be pleased with him) was pleased at this, and instead of having him stoned, he ordered only the prescribed flogging (hadd), separated him from his wife, and had half the dowry given to the woman; that is what Simak thought.

Ash'ath narrated from Abu al-Zubayr, from Sayyiduna Jabir (may Allah be pleased with him).

Al-Hasan said: If a virgin (who has been married) commits fornication, she will be flogged, she will be separated from her husband, and she will receive nothing. Then al-Hasan interpreted this verse accordingly: "And do not hinder them in order to take away part of what you have given them, unless they commit a clear immorality" [al-Nisa: 19].

Ibrahim said: In such a case the two will be separated, and the woman will receive no dowry.

Al-Hasan said: If a man marries a woman and then the woman commits fornication before the marriage is consummated, the two will be separated and the woman will receive no dowry. She will be given a hundred lashes and exiled for one year. And if the man commits fornication, the two will be separated.

Al-Sha'bi said: In such a case the woman remains 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 as a man who commits fornication does not have his wife taken away from him.

Al-Hakam said: If a man commits fornication before consummating the marriage with his wife, he will not be separated from his wife.

Al-Zuhri said: If a man and a woman are married, and one of them commits fornication before the marriage is consummated, the one who did it will be flogged, but the two will not be separated.

Safiyyah bint Abi Ubayd said: A man married a woman and then, before consummating the marriage, committed fornication with another woman, so Sayyiduna Abu Bakr (may Allah be pleased with him) had him given a hundred lashes and exiled him for one year.