Al-Suyuti attributed only this portion of it to al-Tayalisi, and thus fell short. Al-Manawi made a gross error in alleging a defect in it, saying: “He marked it as good, but its chain includes Abu al-Ashʿath, whom al-Dhahabi listed in al-Duʿafaʾ and said: ‘He is Jaʿfar ibn al-Harith, a Kufan who settled in Wasit; they declared him weak.’” This is not as al-Manawi supposed, for the Abu al-Ashʿath in question is al-Sanʿani, as is explicitly stated in Muslim’s version, as is also known from Abu Qilabah’s narration from him and other evidence. His name was Sharahil ibn Adah. Then, in al-Taysir, al-Manawi forgot his objection to al-Suyuti’s grading of it as good, and stated decisively that its chain of transmission is good!

“Not bite him”: that is, he should not level against him a malicious calumny—namely, slander and lies.

2444 — “A flogged fornicator may marry only one like himself.”

It was narrated by Abu Dawud (1/321), al-Hakim (2/166 and 193), and Ahmad (2/324), from ʿAmr ibn Shuʿayb, from Saʿid al-Maqburi, from Abu Hurayrah, attributed to the Prophet, peace and blessings be upon him. In one of al-Hakim’s narrations, through Habib al-Muʿallim, he said: A man from the people of Kufa came to ʿAmr ibn Shuʿayb and said, “Are you not surprised that al-Hasan says: ‘A flogged fornicator may marry only a flogged woman like himself’?” ʿAmr replied, “What surprises you about that? Saʿid al-Maqburi narrated it to us from Abu Hurayrah, from the Prophet, peace and blessings be upon him; and ʿAbdullah ibn ʿAmr would publicly proclaim this.” Al-Hakim said: “Its chain of transmission is authentic,” and al-Dhahabi agreed with him; and they are correct.

Regarding the words “flogged,” al-Shawkani said (6/124): This description is mentioned in accordance with what is generally the case, with respect to one whose fornication has become known. It indicates that it is not lawful for a woman to marry a man whose fornication has become known, and likewise it is not lawful for a man to marry a woman whose conduct has become known