Moreover, He explains this by the fear of regret, and regret arises only from punishing someone innocent of the offense, as stated in Sunan Abī Dāwūd:

“Avert the prescribed punishments when there are doubts, for it is better for the ruler to err in pardoning than to err in punishing.”

Thus, when the choice lies between mistakenly punishing an innocent person and mistakenly pardoning a guilty person, the latter is the better of the two errors. But if he knows that he has punished only someone guilty, he will have no regret, nor will there have been any error. And Allah knows best.

Al-Shāfi‘ī and Ahmad mentioned that banishment appears in the Sunnah in two instances. The first is the Prophet’s statement, may Allah bless him and grant him peace, concerning someone guilty of unlawful sexual intercourse who has not previously consummated a valid marriage:

“One hundred lashes and banishment for one year.”

The second is the banishment of effeminate men, as related by Umm Salamah:

“The Prophet, may Allah bless him and grant him peace, entered her home while an effeminate man was with her, saying to her brother ‘Abd Allāh: ‘If Allah grants you the conquest of al-Tā’if tomorrow, I shall direct you to the daughter of Ghaylān: when she approaches, she displays four folds of flesh, and when she turns away, eight.’ The Prophet, may Allah bless him and grant him peace, said: ‘Expel them from your homes.’”

All the principal hadith compilers except al-Tirmidhī reported it. A version in the Sahīh reads:

“These people must not enter your homes.”

Another version reads:

“I see that this man understands such things. He must not enter your homes after today.”

Ibn Jurayj said that the effeminate man was Hīt, and others identified him likewise. It has also been said that he was Hanb; some claimed that he was Māti‘, and another account names him Hawān.

All the principal hadith compilers except Muslim reported:

“The Prophet, may Allah bless him and grant him peace, cursed effeminate men,