Azami 6497

Reported by Abu Dawud (2052), Ahmad (8300), Hakim (2/166), and from his route Bayhaqi (7/156), all of them from the hadith of Abdul-Warith, from Habib Muallim, from Amr bin Shuayb, from Saeed bin Abu Saeed Maqburi, from Abu Hurairah, who related it. Hakim said, "sahih in isnad." I say, its isnad is hasan because of Amr bin Shuayb, for his hadith is hasan. Ibn Abdul-Hadi judged its isnad hasan in Tanqih Tahqiq (2/324).Tahawi mentioned it in Sharh Mushkil Athar (4550), and Hakim as well, both from the hadith of Yazid bin Zuray, who said, Habib Muallim narrated to us, saying, I said to Amr bin Shuayb, "So-and-so says that the fornicator marries only a female fornicator like himself." He said, "What is surprising about that to you? Saeed bin Abu Saeed narrated to me, from Abu Hurairah, that the Messenger of Allah ﷺ said, 'The fornicator marries only a female fornicator like himself, and the flogged marries only a flogged woman like himself.'"In this hadith is evidence that it is forbidden for a woman to marry a flogged fornicator, meaning one whose fornication has become known, and likewise it is forbidden for a man to marry a flogged woman, meaning one whose fornication has become known, based on the words of Allah Most High, "and that is forbidden to the believers" [Nur 24:3], meaning unless they repent, in which case it becomes permissible for them to marry one another.Imam Ahmad said, "The marriage contract of a chaste man to a promiscuous woman is not valid so long as she remains as such, until she is asked to repent. If she repents, the contract with her becomes valid, otherwise not. Likewise, the marriage of a chaste free woman to a corrupt, promiscuous man is not valid until he makes a sound repentance." Mughni (9/562).However, Saeed bin Musayab held the view that this verse is abrogated by the words of Allah Most High that come after it, "And marry the unmarried among you, and the righteous among your male slaves and female slaves. If they are poor, Allah will enrich them from His bounty, and Allah is All-Encompassing, All-Knowing" [Nur 24:32]. Ibn Jawzi mentioned this in Nawasikh Quran (p. 405) with his isnad from Abu Dawud Sijistani, who said, Wahb bin Baqiya narrated to us, from Hushaym, who said, Yahya bin Saeed informed us, from Saeed bin Musayab, who related it.Shafii said, "The view is as Ibn Musayab said, Allah willing." End.