that the accusation was of something other than unlawful sexual intercourse. Therefore, he must specify the type of slander that occurred.
His statement, “He must describe the unlawful sexual intercourse by mentioning the time, place, and the woman involved”: Three matters must be mentioned: the time—such as saying that it occurred at night, early in the night, during the day, or late in the day, and the like; the place—such as saying, “In such-and-such a house, in such-and-such a room”; and, if it occurred in open land, “In such-and-such a depression, in such-and-such a valley,” and the like; and the woman involved. But how should she be identified? Should she be identified by name or by description? If he does not know her name, he should identify her by description; but if he knows her name, then by her name. This is because a man may have intercourse with his own wife, while an observer assumes that she is a woman unlawful to him and thus testifies that he committed unlawful sexual intercourse.
Some scholars have said: Unlawful sexual intercourse is an atrocity for which the prescribed legal punishment is imposed, and there is no need to mention the woman involved. Once unlawful sexual intercourse has been established, the atrocity has been established. Accordingly, mentioning the woman involved is not a condition. Moreover, knowing her identity may be difficult or impossible, unlike knowing the identity of the man, for knowledge of men is more common than knowledge of women. This view is stronger.
He must also describe the unlawful sexual intercourse, because it is one of the prescribed punishments. Thus, he should say, for example: “I saw his penis enter her vagina, like a kohl applicator entering its container.” If he testifies that he was on top of her and moving her, for example, is that sufficient or not? It is not sufficient, because the prescribed punishment for unlawful sexual intercourse is not established by such evidence. If a person sees a man on top of a woman and sees movements indicating intercourse, he should not testify that intercourse took place. But if we regard this condition in