Saeed bin Musayyib said that not even the month of Dhu al-Hijjah had passed when Sayyiduna Umar, may Allah be pleased with him, was killed. (At the hands of Firoz the Magian; Allah, Glorified and Exalted is He, accepted the supplication of Sayyiduna Umar, may Allah be pleased with him, and granted him the rank of martyrdom.)

It reached Imam Malik (may Allah have mercy on him) that a woman came to Sayyiduna Uthman (may Allah be pleased with him) whose child was born in six months, and he ordered her to be stoned. Sayyiduna Ali (may Allah be pleased with him) said that she cannot be stoned; Allah, the Glorious and Exalted, says in His Book: "The bearing of the child and his weaning is thirty months," and in another place He says: "Mothers shall suckle their children for two whole years for those who wish to complete the period of suckling." So the pregnancy is six months; for this reason, there is no stoning. When Sayyiduna Uthman (may Allah be pleased with him) heard this, he sent people after the woman (so that she would not be stoned), but when they looked, she had already been stoned.

Imam Malik, may Allah have mercy on him, asked Ibn Shihab: What is the ruling for one who commits sodomy? Ibn Shihab said that he should be stoned, whether he is married or unmarried.

It is narrated from Sayyiduna Zaid bin Aslam, may Allah be pleased with him, that a man confessed to adultery during the time of the Messenger of Allah, peace and blessings be upon him. The Prophet, peace and blessings be upon him, called for a whip, and a new whip was brought whose tip had not yet been cut. The Prophet, peace and blessings be upon him, said: "Bring one softer than this." Then a whip was brought that was completely broken. The Prophet, peace and blessings be upon him, said: "Bring one harder than this." Then a whip was brought that had been used for riding and had become soft. The Prophet, peace and blessings be upon him, ordered that he be beaten with that whip. After that, he said: "O people! Now the time has come that you refrain from violating the limits set by Allah. Whoever commits such a sin should conceal himself under Allah's covering, and whoever exposes his own covering, we will establish the prescribed punishment on him according to the Book of Allah."

It is narrated from Safiyyah bint Abi Ubaid that people brought a man to Sayyiduna Abu Bakr Siddiq (may Allah be pleased with him) who had committed fornication with a virgin slave girl and made her pregnant. Afterwards, he confessed to the fornication, and he was not a muhsan (i.e., not married). Sayyiduna Abu Bakr (may Allah be pleased with him) ordered that he be flogged, so the prescribed punishment was carried out on him. After that, he was sent away towards Fadak (Fadak is a place two days' journey from Madinah).

Imam Malik, may Allah have mercy on him, said: If a person confesses to adultery, and then afterwards denies it and says: I did not commit adultery, rather I did such-and-such an act (for example, had intercourse with my wife during her menstruation, and considered it adultery), then the hadd punishment will not be carried out on him, because for the hadd punishment to be carried out, either there must be just witnesses or a confession upon which he remains firm until the hadd is carried out.

Imam Malik, may Allah have mercy on him, said: I found the scholars of my city upon this, that if a slave commits adultery, he will not be exiled.

It is narrated from Sayyiduna Abu Hurairah (may Allah be pleased with him) and Sayyiduna Zayd bin Khalid al-Juhani (may Allah be pleased with him) that someone asked the Messenger of Allah (peace and blessings be upon him) about the ruling for a slave-girl who is not married (non-muhsanah) if she commits adultery. The Messenger of Allah (peace and blessings be upon him) said: "If she commits adultery, flog her. Then if she commits adultery again, flog her again. Then if she commits adultery again, flog her again." After the third or fourth time, the Messenger of Allah (peace and blessings be upon him) said: "Sell such a slave-girl, even if it is for a rope."
Imam Malik (may Allah have mercy on him) says that Ibn Shihab (may Allah have mercy on him) said: I do not know whether the command to sell her was after the third time or the fourth time.
Imam Malik (may Allah have mercy on him) said: The meaning of the word «الضَّفِيرُ» in the hadith is "rope."

It is narrated from Nafi that there was a slave appointed over those slaves and slave-girls who had come in the spoils of war. He forced himself upon one of the slave-girls among them. Sayyiduna Umar ibn al-Khattab, may Allah be pleased with him, flogged him and expelled him, and did not punish the slave-girl because she had been coerced.

It is narrated from Sayyiduna Abdullah bin Ayyash (may Allah be pleased with him) that Sayyiduna Umar (may Allah be pleased with him) ordered me and several other young men from the Quraysh to carry out the punishment of flogging. So we lashed the slave girls fifty lashes each for adultery; those slave girls belonged to the state, that is, to the Bayt al-Mal.