The second view is that the prescribed punishment must be carried out against her unless she claims some plausible exculpatory circumstance—for example, that she was raped; or that she found something and inserted it into her vagina, only to discover that it contained a man’s semen, by which she then became pregnant; or other similar circumstances for which she may be excused. Thus, if she claims a possible exculpatory circumstance, the prescribed punishment is not to be carried out against her.
The third view is that the prescribed punishment must be carried out against her even if she claims such a circumstance.
The evidence for the second view is that the Commander of the Believers, Umar, may Allah be pleased with him, delivered a sermon to the people from the pulpit of the Messenger of Allah, may Allah bless him and grant him peace, and said, among other things: “Stoning is an established right for one who commits unlawful intercourse after having been legally married, if the evidence is established, or there is pregnancy, or a confession.” (1) Thus, he mentioned three matters by which it is established:
First: the evidence is established—namely, four male witnesses who meet the well-known conditions.
Second: pregnancy.
Third: confession.
This was stated by the Commander of the Believers, Umar, may Allah be pleased with him, from the Prophet’s pulpit, in the presence of the Companions, may Allah be pleased with them. No one is reported to have disputed or opposed him in this. Such evidence is among the strongest proofs; even if consensus is not claimed in this matter, it is akin to consensus. This was the view chosen by Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him, and it is undoubtedly correct.
A child normally results from sexual intercourse. As for the possibility that a woman might find something containing a man’s semen, insert it into her vagina, and then that sperm might make its way into her womb and cause her to become pregnant—this is far-fetched indeed! And if we were to say that the prescribed punishment is not to be carried out