Muwatta Imam Malik (Riwayat Yahya)

It is narrated from Hazrat Zuraiq bin Hakeem that a man named Misbah called his son for some work, but he delayed. When he came, Misbah said, "O adulterer!" Zuraiq said: The boy complained to me. When I was about to administer the hadd punishment to his father, the boy said, "If you flog my father, I will confess to adultery." I was astonished to hear this, and it became difficult for me to decide this case, so I wrote to Umar bin Abdul Aziz, who was the governor of Madinah at that time (on behalf of Salman bin Abdul Malik). Umar bin Abdul Aziz replied in writing that the boy's pardon should be accepted (i.e., if the son has pardoned his father from the hadd, the pardon is valid). Zuraiq said: I also wrote to Umar bin Abdul Aziz that if a person accuses another of adultery, or accuses his parents, and the parents have died or one of them has died, then what should be done? Umar bin Abdul Aziz replied in writing that if the person accused of adultery pardons, the pardon is valid, but if he accuses the parents of adultery, then pardoning is not valid if the parents have died or one of them has died; rather, the hadd should be administered to him according to the Book of Allah. However, if the son pardons in order to conceal the condition of his parents, then the pardon is valid.