Hadith 80
۞
Hadith.5047 - In the narration reported by Hammad ibn Uthman from Abu Abdullah (as), he said
I asked Imam (as) about a man who approached another man (committing sodomy).
Imam (as) replied: "If the perpetrator was married (muhṣan), then his punishment is execution, and if he was not married, then the legal punishment (hadd) applies to him."
I then asked: "What about the one who was approached?"
Imam (as) replied: "He must be executed in all cases, whether he was married or unmarried."
5047 - رَوَى حَمَّادُ بْنُ عُثْمَانَ عَنْ أَبِي عَبْدِ اَللَّهِ عَلَيْهِ اَلسَّلاَمُ قَالَ
قُلْتُ لَهُ رَجُلٌ أَتَى رَجُلاً قَالَ "إِنْ كَانَ مُحْصَناً فَعَلَيْهِ اَلْقَتْلُ وَ إِنْ لَمْ يَكُنْ مُحْصَناً فَعَلَيْهِ اَلْحَدُّ" قُلْتُ فَمَا عَلَى اَلْمُؤْتَى بِهِ قَالَ "عَلَيْهِ اَلْقَتْلُ عَلَى كُلِّ حَالٍ مُحْصَناً كَانَ أَوْ غَيْرَ مُحْصَنٍ".
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