A man and a woman who confess to a hadd offence and then deny it

Abdullah bin Shaddad said: A woman who had confessed to unlawful sexual intercourse (zina) four times was brought before Sayyiduna Umar (may Allah be pleased with him). He said: If you retract, we will not carry out the prescribed punishment (hadd) on you. The woman said: Then two things would be combined upon me! I committed an indecent act, and the prescribed punishment was not carried out on me. So he carried out the prescribed punishment on her.

Sulayman bin Yasar said: Sayyiduna Umar (may Allah be pleased with him) sent Sayyiduna Abu Waqid (may Allah be pleased with him) to that woman. Then he mentioned a report like the preceding one.

Jabir said that Amir al-Sha'bi and Ata both said: When someone confesses to the prescribed punishment (hadd) of zina or of theft and then denies it, the punishment is lifted from him.

Qatadah said that Yahya bin Ya'mur said: If he has confessed, then he has also denied, meaning the person who confesses to a prescribed punishment (hadd) and then retracts.

Humayd said: It is reported from al-Hasan al-Basri concerning a man who confesses before people and then denies it. He said: He is to be held to account for it.

Ash'ath said: It is reported from al-Hasan al-Basri concerning a man who confesses to a prescribed punishment (hadd) in the absence of the ruler and then denies it when he is brought before him. He did not hold that it should be made binding on him.

Isma'il said that Ibn Shihab said: Whoever confesses many times to theft or to a prescribed punishment (hadd) and then denies it, nothing is to be enforced against him.