Regarding the Virgin and the Elderly: What Should Be Done if Both Commit Zina?

Hazrat Ubaidullah bin Abdullah, Hazrat Abu Hurairah, Hazrat Zaid bin Khalid, and Hazrat Shibl—all these companions narrated: We were with the Prophet Muhammad (peace and blessings be upon him) when a man stood up and said: I adjure you by Allah to judge between us between us according to the Book of Allah. Then his opponent, who was more discerning than the first, also said: Judge between us according to the Book of Allah, and grant me permission to speak. The Prophet (peace and blessings be upon him) said: Speak. He said: Indeed, my son was his servant, and he committed adultery with his wife. So I ransomed my son by giving him one hundred sheep and a servant. Then I asked the scholars about this matter, and they informed me that my son is to be punished with one hundred lashes and exile for one year, and the woman is to be stoned. Upon this, the Prophet (peace and blessings be upon him) said: By Him in Whose hand is my soul, your son will surely be punished with one hundred lashes and exile for one year, and O Anis! Go to this woman, and if she confesses, then stone her.

Hazrat Ubadah bin Samit narrates that the Messenger of Allah, peace and blessings be upon him, said: Take the command from me; indeed Allah has prescribed a way for them: for the previously married with the previously married, and for the virgin with the virgin, such that the virgin is to be flogged and exiled, and the previously married is to be flogged and stoned.

Hazrat Masruq narrates that Ubay ibn Ka'b said: When two unmarried persons commit adultery, both of them will be flogged and exiled, and when two married persons commit adultery, both of them will be flogged and both of them will be stoned to death.

Hazrat Sha'bi states that Hazrat Abi held the opinion regarding a married person that he should be flogged and stoned to death.

Hazrat Muslim states that Hazrat Masruq said: Both the unmarried man and woman will be flogged and exiled, and both the married man and woman will be flogged and stoned to death.

Hazrat Sha'bi narrates that Hazrat Ali (may Allah be pleased with him) administered lashes and carried out stoning.

Hazrat Ibn Sirin states that Hazrat Umar used to stone and flog, and Hazrat Ali (may Allah be pleased with him) also used to stone and flog.

Hazrat Qasim narrates that Hazrat Abu Dharr said: Both the married man and woman will be flogged and both will be stoned to death, and both the unmarried man and woman will be flogged and both will be exiled.

Hazrat Ibn Tawoos narrates that his father, Hazrat Tawoos, said: When a married person commits adultery, the punishment of stoning will be carried out on him, and for an unmarried person, the punishment of lashes and exile will be carried out.

Hazrat Muhammad bin Salim narrates that Hazrat Aamir has reported regarding an unmarried person that when he commits adultery, he should be exiled for one year.

Hazrat Abdur Rahman narrates that Hazrat Ali (may Allah be pleased with him) administered lashes and carried out stoning. He administered lashes on Thursday and carried out stoning on Friday.

Hazrat Jabir bin Samurah narrates that the Holy Prophet (peace and blessings be upon him) stoned Ma'iz bin Malik and did not mention lashes.

Hazrat Safiyyah bint Abi Ubaid narrates that Hazrat Abu Bakr had a man flogged who had intercourse with a virgin slave girl and made her pregnant, and he had also confessed to it, and he was not married. So, on the order of Hazrat Abu Bakr, he was flogged and then exiled.