A woman who deflowers another woman with her hand: what she owes

Ibrahim (may Allah have mercy on him) said: A man had an orphan girl in his care, and she used to eat her meals with him. The man's wife feared that he might marry her. So once, when the man had gone away, the woman, with the help of some other women, held the girl down and destroyed her virginity with her hand. When the man returned, he did not find the orphan girl at his table. He asked his wife about her, and she said: "Do not even mention her." The man asked the reason, and the woman accused the girl of fornication (zina). The man went to the girl and wanted her to confirm what had happened, but the girl said nothing except weep. He insisted, and the girl told him the whole story. The man took this case to Sayyiduna Ali (may Allah be pleased with him) and related the whole matter. Sayyiduna Ali (may Allah be pleased with him) summoned the man's wife and the other women and questioned them, and they promptly admitted the whole thing. Sayyiduna Ali (may Allah be pleased with him) asked Sayyiduna al-Hasan (may Allah be pleased with him) to judge, and Sayyiduna al-Hasan (may Allah be pleased with him) said: The prescribed punishment (hadd) will be carried out on the woman who made the accusation, and the compensation for destroying the virginity will be on her and on the women who held the girl. Sayyiduna Ali (may Allah be pleased with him) said: If camels were given the task of grinding flour, they would grind it. The narrator said: In those days camels were not used for grinding.

Al-Sha'bi (may Allah have mercy on him) said: Four young girls gathered to play. One said: "She is the man." Another said: "She is the woman." The third said that she was the father of the woman, and the fourth said that she was the father of the man. The one playing the role of the man's father asked the one playing the role of the woman's father for her daughter's hand. When the marriage took place, the girl playing the role of the man damaged the virginity of the girl playing the role of the woman. This whole case was brought before Abd al-Malik bin Marwan. He made an amount equal to the dower binding on all four girls and waived the share of the girl who had played the role of the woman, because she had allowed it to be done to herself.

He (al-Sha'bi) said: I mentioned this to Abdullah bin Ma'qil al-Muzani (may Allah have mercy on him), and he said: Had I been in charge of this, I would have held the dower due only from the girl who damaged her virginity.

Ibrahim (may Allah have mercy on him) said: A woman destroyed a girl's virginity with her finger and claimed that she had committed fornication. When this case was brought to Sayyiduna Ali (may Allah be pleased with him), he ruled that the woman must pay compensation for destroying the virginity and must receive eighty lashes for making the accusation.

Al-Sha'bi (may Allah have mercy on him) said: In Syria some girls became exuberant and frolicked, playing al-hazaqah. One girl mounted another and goaded her, and as a result she lost her virginity. This case was brought to Abd al-Malik bin Marwan, and he asked Sayyiduna Fadalah bin Ubayd (may Allah be pleased with him) and Qabisah bin Dhu'ayb (may Allah have mercy on him) about it. Both of them said: The blood money (diyah) is due from all of them, and the share of one of them is waived.

Ibn Ma'qil (may Allah have mercy on him) held that it (the liability) is on the girl who goaded her.

Al-Sha'bi (may Allah have mercy on him) said: I hold this view too, and she is owed her compensation for the loss of virginity ('uqr).

Bakr (may Allah have mercy on him) said: Two girls were in a bathhouse; one pushed the other, and her virginity was lost. Judge Shurayh (may Allah have mercy on him) ruled in her favour for the equivalent of her dower (mahr al-mithl).