Adultery With a Woman Who Agrees to the Crime Under Adverse Circumstances

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 It has been  related from Arbaeen Khateeb Baghdadi that a woman was brought to Hazrat Omar (RA). She was found committing adultery on the banks of a certain river of Arbistan. After examining the witnesess Hazrat Omar (RA) awarded her punishment of stoning to death.

Hearing this Judgment of Hazrat Omar (RA), she uttered the following words, “O God! Thou knoweth that I am not guilty.”

These words of her enraged Hazrat Omar (RA) further. He said to her, “You committed adultery and still you dare belie the witnesses.” 

When she was being carried to the place where she was going to be stoned to death, she met Hazrat Ali (A) who was passing by that way.

Seeing her, he asked the executioners to take her back to Hazrat Omar (RA) for further investigation. When she was taken back to Hazrat Omar (RA), Hazrat Ali (A) asked her to relate her story to him (Hazrat Ali (A)). The woman in question related her story to as follows:

 “My family has some camels. Yesterday, I took them out to the desert for grazing. At about noon I felt thirsty, but I had no water with me to drink, neither there was any water in the vicinity with which I could quench my thirst.”

“A little way off from there,” she continued, there was another man, who had water with him. But when I asked him for a little water to drink, he refused to give a single drop of it to me unless I agreed to commit adultery with him, but I refused.”

“When I felt very thirsty and was about to die of thirst,” further continued the woman, “I agreed, under compulsion though, to allow him to fulfil his carnal desire. 

Having heard the story of the woman Hazrat Ali (A) exclaimed, “The one who is compelled by circumstances in case he or she is not disobedient and does not exceed the limits of law and go beyond the restrictions put on him or her by Allah they are not responsible for any crime committed under such circumstances.” Hearing this Hazrat Omar (RA) released the woman.

(Manaqib, vol. 2, p. 190, Biharul Anwar, vol. 9, p. 484, Riaz, vol. 2 p. 259; Zakheeratul Uqba,  p. 81, Turuqi Hikmia by Ibne Qaiyum).

Reference : Judgments of Hazrat Ali (as)