and Alī, Abd al-Rahmān ibn Awf, Ibn Masūd, Zayd ibn Thābit, and others; he even consulted Ibn Abbās. This reflected the fullness of his virtue, intellect, and religion. For this reason(1), he was among those with the soundest(2) judgment. At times he would accept one person’s opinion, and at other times another’s.

A woman who had confessed to illicit sex was brought before him. They agreed that she should be stoned, while Uthmān remained silent. He asked him, “Why do you not speak?”

He replied, “I see her declaring it openly, in the manner of someone who does not know that illicit sex is forbidden.”

He therefore reconsidered(3) and waived the prescribed penalty after Uthmān brought this to his attention. What he meant was that she was speaking of it aloud and disclosing it openly, just as a person speaks openly of something he does not regard as reprehensible, such as eating, drinking, marriage, and taking concubines.

Istihlāl (crying out) means raising one’s voice. Hence it is used for a newborn’s first cry—that is, its raising its voice at birth. If she did not know the act to be reprehensible, she was unaware that it was forbidden. The prescribed penalty applies only to someone to whom it has been conveyed(4) that the act is forbidden, for Allah Most High says:

“We would never punish until We had sent a messenger.”

[Surah al-Isrā: 15]

And He, Most High, says:

“So that people may have no argument against Allah after the messengers.”

[Surah al-Nisā: 165]

For this reason, it is not permissible to fight disbelievers whom the call has not reached until they are called to Islam.

Likewise, if someone commits a forbidden act without knowing it to be forbidden—either because he has only recently entered Islam or because he was raised in a place of ignorance—the prescribed penalty is not carried out against him. For this reason, the Prophet—may Allah bless him and grant him peace—did not punish those among his Companions who ate until the thread