and it is enforced in favor of a child against his father, and it is halved, as in the case of fornication, because it is a right owed to Allah.

Yet strangely, the fourth consequence is upheld even according to the view that it is a right belonging to the person falsely accused, which is the established position of the school.

On this basis, there appears to be a degree of inconsistency: for if one considers it a right belonging to the person falsely accused, there should be no difference whether the one who falsely accuses him is free or a slave.

The stronger view is that it is a right belonging to the person falsely accused. The difficulty, however, lies in the question of halving the punishment. Although this is the view of the majority of scholars, the apparent meaning of the verse is general.

The muḥṣan here is the free, Muslim, sane, chaste, legally accountable person with whom intercourse is possible; puberty is not a condition, …

His statement, “The muḥṣan here,” means: in the chapter on false accusation. He qualified it with the word “here” in order to distinguish it from the muḥṣan in the chapter on fornication, discussed previously: namely, one who has had intercourse with his wife in a valid marriage, while both of them are adult, sane, and free.

His statement, “free”: is this the same as the condition mentioned there?

The answer is: yes. For he says, “while both are adult, sane, and free.” Thus, freedom is a condition both here and there.

His statement, “Muslim”: this is a condition here, whereas it is not a condition there. This is why the Prophet ﷺ stoned the two Jews (1).

His statement, “sane”: this is a condition both here and there.

His statement, “chaste”: this is a condition here, whereas it is not a condition there. There, even if he were among the most immoral of people—indeed, in reality he is unchaste because he committed fornication—he is still considered muḥṣan.