English
Wail ibn Hujr narrated: A woman was coerced during the Prophet’s (ﷺ) time, so he averted the punishment from her and enforced it on the one who assaulted her. It was not mentioned that he assigned her a dowry. [Narrated by al-Tirmidhi]
Muhammad narrated in Al-Athar from Ibrahim: If a free or enslaved person forcibly takes a woman, he faces the prescribed punishment, with no dowry due. If a dowry is due, the punishment is averted; if the punishment is enforced, the dowry is void. Muhammad said: If a woman is coerced, she faces no punishment, but the one who coerced her does. If he faces the punishment, the dowry is void. Punishment and dowry do not apply to a single act. If the punishment is averted due to doubt, a dowry is due. This is the view of Abu Hanifa, Ibrahim al-Nakha‘i, and most of our jurists. In a narration by al-Tirmidhi and Abu Dawud from Wail ibn Hujr (may Allah be pleased with him): A woman went out during the Prophet’s (ﷺ) time to pray. A man met her, covered her, and fulfilled his desire with her. She screamed, and he fled. She passed a group of Muhajirs and said: That man did this and that to me. They seized a man and brought him to the Messenger of Allah (ﷺ). He said to her: Go, for Allah has forgiven you. To the man who assaulted her, he said: Stone him. He said: He has repented with a repentance that, if the people of Madinah repented it, it would be accepted from them.
Possible references (unverified, pending editorial review)
- Candidate: Jami al-Tirmidhi 1453 (unverified) 98% confidence
Confidence and text similarity are not editorial verification.
Commentary and footnotes (3)
Note 1
(1) The statement: He averted the punishment from her, etc.: In Al-Durr al-Mukhtar and Radd al-Muhtar: No punishment for adultery by coercion, as the Imam later held, though initially saying a man is punished, as coercion requires an erection, indicating consent, unlike a woman, who is not punished by consensus. This is absolute, including non-authoritative coercion, per the preferred view, varying by context and time. (2) The statement: It was not mentioned that he assigned her a dowry: In Al-Arf al-Shadhi: Punishment and dowry do not combine.
Note 1
(١) قوله: فدرأ عنها الحد إلخ: وقال في (الدر المختار) و(رد المحتار): ولا حد بالزنا بإكراه، هذا ما رجع إليه الإمام،وكان أولا يقول: إن الرجل يحد؛ لأنه لا يتصور إلا بانتشار الآلة، وهو آية الطواعية بخلاف المرأة فلا تحد إجماعًا،وأطلق فشمل الإكراه من غير سلطان على قولهما المفتى به من تحققه من غيره، وهو اختلاف عصر وزمان.
Note 2
(٢) قوله: ولم يذكر أنه جعل لها مهرا: وقال في (العرف الشذي): فإن الحد والمهر لا يجتمعان.