As for the hadith under discussion, it concerns the woman of Juhaynah.

Given the seriousness of the issue, the principle that ḥadd penalties are set aside whenever a doubt exists, and the Prophet’s ﷺ turning away from those who confessed against themselves and granting them a reprieve the first time, all of this supports the position that four separate confessions are required. Even so, recognizing the opposing view is not without added benefit.

The scholars also differed over whether Islam is a condition for iḥṣān (legal chastity):

• Imams al-Shāfiʿī and Aḥmad asserted that it is not a requirement, and their evidence is hadith no. 1056.

• Imams Abū Ḥanīfah and Mālik maintained that Islam is indeed a prerequisite, replying to the present incident by saying that the Prophet ﷺ stoned the two Jews only in accordance with the Torah.

The first opinion is the sounder one. The Prophet ﷺ invoked the Torah solely to establish the proof against them from their own scripture; otherwise, he ﷺ rules only by what Allah has revealed to him.