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Strange Sexual fatwas

Hadith No: 1

Narrated Abu Haraira:

Allah's Messenger (s.a.w.a.) said, "A lady slave should not be given in marriage until she is consulted, and a virgin should not be given in marriage until her permission is granted." The people said, "How will she express her permission?" The Prophet (s.a.w.a.) said, "By keeping silent (when asked her consent)." Some people said, "If a man, by playing a trick, presents two false witnesses before the judge to testify that he has married a matron with her consent and the judge confirms his marriage, and the husband is sure that he has never married her (before), then such a marriage will be considered as a legal one and he may live with her as husband."


Reference: Saheeh al-Bukhari Book 90 Tradition No. 17
Hadith No: 2

Narrated `Aisha:

Allah's Messenger (s.a.w.a.) said, "It is essential to have the consent of a virgin (for the marriage). I said, "A virgin feels shy." The Prophet; said, "Her silence means her consent." Some people said, "If a man falls in love with an orphan slave girl or a virgin and she refuses (him) and then he makes a trick by bringing two false witnesses to testify that he has married her, and then she attains the age of puberty and agrees to marry him and the judge accepts the false witness and the husband knows that the witnesses were false ones, he may consummate his marriage."


Reference: Saheeh al-Bukhari Book 90 Tradition No. 18
Hadith No: 3
Ibn Hazm - al-Muhalla bil-Athar - Book of Hudud - Issue on the Punishment for Adultery
Issue of a Woman and a Man Found in the Act, Claiming to be Married
Part: (12) - Page Number: (185)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... Abu Muhammad, may Allah have mercy on him, said: People have differed on this, and a group said: There is no punishment on them, as narrated to us by Muhammad ibn Sa'id ibn Nabat, who said: Abdullah ibn Nasr narrated to us, Qasim ibn Usbugh narrated to us, Musa ibn Muawiya narrated to us, and Waki' narrated to us from Dawud ibn Yazid al-Zu'awi, from his father, that a man and a woman were found in a state of intimacy in the war against Murad and were brought to Ali ibn Abi Talib. He said, "My cousin's daughter, I married her." Ali then said to her, "What do you say?" He told her, "The people are saying, 'Say yes.'" She replied, "Yes," and he dismissed the matter from them.
- .... Muhammad ibn Sa'id ibn Nabat narrated to us, Ahmad ibn Aunullah narrated to us, Qasim ibn Usbugh narrated to us, Muhammad ibn Abdullah al-Khashani narrated to us, Muhammad ibn Bashar al-Bandar narrated to us, Muhammad ibn Ja'far al-Ghundar narrated to us, Shubha from al-Hakam ibn Utayba and Hammad ibn Sulayman, that they both said: If a man is found with a woman and claims her to be his wife, there is no punishment on him. Shubha said: I mentioned this to Ayub al-Sakhtiyani, and he replied, "Avert punishments as much as you can."

Reference: Al-Mahalli bi al-Aathaar Book 12
Hadith No: 4
Ibn Hazm - al-Muhalla bil-Athar - Book of Hudud
Issue on the Punishment for Adultery - Issue of the One Hired for Adultery or for Service and the One Being Hired
Volume: (12) - Page Number: (196)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... Abu Muhammad said: Abu Muhammad said: Hammam narrated to us, saying: Ibn Mufarrij narrated to us, saying: Ibn al-A'rabi narrated to us, saying: al-Dabbari narrated to us, from Abd al-Razzaq, from Ibn Jurayj, from Muhammad ibn al-Harth ibn Sufyan from Abu Salmah ibn Sufyan, that a woman came to Umar ibn al-Khattab and said: "O Commander of the Faithful, I was on my way herding my sheep when a man met me and scooped up a handful of dates for me, then scooped up another handful of dates, then scooped up another handful of dates, and then he had intercourse with me." Umar said: "What did you say?" She repeated it, and Umar ibn al-Khattab, gesturing with his hand, said: "Mahr, mahr, mahr," and then he left her.
- .... Abd al-Razzaq, from Sufyan ibn Uyaynah, from al-Walid ibn Abdullah - who was ibn Jamii' - from Abu al-Tufayl, that a woman was stricken by hunger and went to a shepherd, asking him for food, but he refused until she gave herself to him. She said: "He then scooped up three handfuls of dates for me," and she mentioned that she was in dire straits from hunger. She informed Umar, and he grew angry and said: "Mahr, mahr, mahr," and he drove away the punishment.
- ....
Abu Muhammad, may Allah have mercy on him, said: Abu Hanifah went to this view and did not consider adultery to be anything except that which occurred unexpectedly. As for anything involving a exchange or hiring, it is not adultery, nor is there punishment for it.
- ....
And the Hanafis who follow Abu Hanifah in this are truly one of the wonders of the world, so rare that there is hardly a parallel, that they would follow Umar in dismissing the punishment here, on the basis that three handfuls of dates is a mahr, while they contradict this very case by not permitting such a thing in a valid marriage, or even a mahr of this size, but rather they prevent anything less than ten dirhams in that. This is indeed trivialization and taking what they desire from the words of the Companion where they desire, and ignoring what they desire to ignore from the words of the Companion when they wish. What kind of faith is this, and what a futile action it is, to see them consider the mahr in what is lawful to be nothing less than ten dirhams, while they regard a dirham or less as a mahr in what is unlawful unless this is a pathway to adultery, the permissibility of unlawful unions, and assistance to Iblis in making major sins easier. Thus, no adulterer or adulteress wishes to commit adultery openly except through action, while they are in safety from punishment, as long as he gives her a dirham to hire her for adultery."
- .... Indeed, they taught the sinful a trick to rob travelers, which is to bring with them a wicked, sinful woman and a child of prostitution, and then kill the Muslims as they wish, without any consequence for killing them because of the sinful woman and the child of prostitution. Whenever they increase in sin, their burdens lessen, and shame and punishment fall away from them.
- .... Then they taught them a way to commit adultery, which is to hire her with two dates and a piece of bread to have sex with her, and then they can engage in adultery in safety and with immunity from punishment for the transgression that Allah, the Exalted, has decreed.
- .... Finally, they taught them how to engage in intercourse with mothers and daughters by contracting marriages with them and then having intercourse with them openly, safe from punishments.
And we declare our innocence before Allah, the Exalted, from these accursed statements, and whatever the imams of the scholars of hadith said was false. And we ask Allah for safety. Had they attached themselves to anything we mentioned with the Qur'an or a Sunnah, they would have been correct, but they contradicted the Qur'an and the Sunnah, and they attached themselves to nothing except a ruinous imitation and a corrupt opinion, following a misleading desire.

Reference: Al-Mahalli bi al-Aathaar Book 12
Hadith No: 5
Ibn Hazm - al-Muhalli bil-Athar - Book of Hudud - Issue on the Punishment for Adultery
Issue on one who has intercourse with his father's wife or his female relatives by a marriage contract or without a contract
Volume: (12) - Page Number: (200)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... And this is the opinion of al-Hasan, Malik, al-Shafi'i, Abu Thawr, Abu Yusuf, and Muhammad ibn al-Hasan - the companions of Abu Hanifa - except that Malik differentiated between intercourse in this case by a marriage contract and intercourse in some cases by possession of the right hand. He said regarding one who possesses the daughter of his brother or the daughter of his sister, his aunt, his maternal aunt, his father's wife, his son’s wife by birth, his own mother by nursing, his daughter by nursing, and his sister by nursing: and he is aware of their prohibitions and knows their kinship to him, and then he has intercourse with them all while knowing the consequences, that the child is legally attributed to him and there is no punishment upon him, but he will be punished.
- .... And Abu Hanifa said: There is no punishment upon him in any of this, nor is there a punishment on one who marries his mother who bore him, his daughter, his sister, his grandmother, his aunt, his maternal aunt, the daughter of his brother, or the daughter of his sister, knowing their kinship to him and the prohibitions upon him, and has intercourse with them all. The child is legally attributed to him, and a dowry is obligatory for them from him, and he is only subject to reprimand, not exceeding forty lashes. If he has intercourse with them without a marriage contract, it is adultery, and he is subject to the same punishment as an adulterer.

Reference: Al-Mahalli bi al-Aathaar Book 12
Hadith No: 6
Ibn Hazm - al-Muhalla bil-Athar - Issues of Ta'zir and Those Without Hudud - Issue on a Woman Approaching a Woman
Volume: (12) - Page Number: (404)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... And a group permitted it, as Abu Hani said: Ibn Mufarrij said: Ibn al-A'rabi said: al-Dubray said: Abd al-Razzaq said: Ibn Jurayj narrated to me, from someone truthful who reported from al-Hasan al-Basri that he did not see any harm in a woman entering something to another woman for covering herself, with which she could be sufficient instead of committing zina.

Reference: Al-Mahalli bi al-Aathaar Book 12
Hadith No: 7
Ibn Hazm - Al-Muhalla bil-Athar - Issues of Ta'zir and What Lacks a Fixed Punishment - A Matter Regarding a Woman Approaching Another Woman
Volume: (12) - Page Number: (404)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... Abu Muhammad, may Allah have mercy on him, said: "If she were to present her private part to someone without actually penetrating, and he were to ejaculate, this would be disliked, but there would be no sin in it."
- .... Likewise, masturbation for men is the same; touching one's own member with the left hand is permissible, and a woman touching her private part is similarly permissible by the consensus of the entire ummah. Since it is permissible, there is no addition to the permissible except deliberately trying to cause ejaculation, and that is not forbidden at all, for Allah, the Almighty, said: {And He has already detailed for you what He has forbidden upon you} (Al-An'am 6:119), and this is not something whose prohibition has been detailed for us, so it is lawful. This is affirmed by His statement: {He created for you what is in the earth, all of it} (Al-Baqarah 2:29), except that we dislike it because it is not one of the noble traits or virtues.
- .... People have discussed this, and some found it disliked while others permitted it. As narrated to us by Hamam, who said: Ibn Mufarrij narrated to us, from Ibn al-A'arabi, from al-Dabiri, from Abd al-Razzaq, from Sufyan al-Thawri, from Abdullah ibn Uthman, from Mujahid, who said: "Ibn Umar was asked about masturbation, and he replied, 'That is a man comforting himself.'"
- .... And with that, from Sufyan al-Thawri, from al-A'mash, from Abu Razin, from Abu Yahya, from Ibn Abbas: that a man said to him, 'I play with my member until I ejaculate.' He replied, 'Is not marriage to a slave woman better than that? And it is better than fornication.'"
- .... And some permitted it, as we have narrated with the aforementioned chain to Abd al-Razzaq, who said: Ibn Jurayj told me, "Ibrahim ibn Abi Bakr informed me of a man," from Ibn Abbas, who said: "It is nothing more than one of you rubbing his member until the fluid is released."
- .... Muhammad ibn Said ibn Nabat told us, Ahmad ibn Aun Allah said, Qasim ibn Asbagh said, Muhammad ibn Abd al-Salam al-Khashani said, Muhammad ibn Bishar Bandari said, Muhammad ibn Ja'far Gundir said, Shu'bah, from Qatadah, from a man, from Ibn Umar, that he said, 'It is merely a nerve that you can stimulate.'
- .... And with that, from Qatadah, from al-Ala ibn Ziyad, from his father: that they used to do this in battles, meaning masturbation, where a man would play with his member and stimulate it until he ejaculated.
- .... Qatadah said: And al-Hasan said about a man masturbating, playing with his member until he ejaculates, "They used to do this in battles."
- .... And Jabir ibn Zayd Abu al-Shakhtar said, "It is your fluid, so spill it," meaning masturbation.
- .... And Mujahid said, "Those before us used to instruct their young men to masturbate as a way to maintain chastity."
- .... Abd al-Razzaq mentioned, and Ma'mar narrated it from Ayyub al-Sakhtiyani or another, from Mujahid, from al-Hasan, that he did not see any harm in masturbation.
- .... And from Amr ibn Dinar: "I do not see any harm in masturbation."

Reference: Al-Mahalli bi al-Aathaar Book 12
Hadith No: 8
Ibn Hazm - Al-Muhalla bil-Athar - Issues of Ta'zir and Matters Without Hudud - Issue on Magic
Volume: (12) - Page Number: (417)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... And even more astonishing than all that is the Hanafi belief that it is permissible for those whose hands are extended in wrongdoing and for those whose hands are restrained to come to someone who is infatuated with a woman married to a man from the Muslims, and to carry a whip on his back until he is forced to pronounce her divorce. And when she has completed her waiting period, the wrongdoer is also to coerce her into marrying him with whips until she reluctantly utters her consent. Thus, this was considered by them a valid and good marriage, a blessed union, and a permissible union through which one could draw closer to Allah, the Exalted. And by Allah, there is nothing in what Allah, the Exalted, condemned more, nothing more sinful, nothing more hideous and unlawful, nothing further from Allah's pleasure, and nothing closer to the views of Iblis and the devils than this separation that they endorsed and permitted. We ask Allah for refuge from such matters and their like.

Reference: Al-Mahalli bi al-Aathaar Book 12
Hadith No: 9
Al-Sarakhsi - al-Mabsut - Book of Hudud - He hired a woman to commit adultery with her, and he did so.
Volume: (9) - Page Number: (58)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... He said: A man hired a woman to commit adultery with her, and he did so, so there is no punishment on either of them, according to the opinion of Abu Hanifa.

Reference: Al Mabsoot Book 9
Hadith No: 10
Al-Sarakhsī - al-Mabsūṭ - Book of Hudūd - Three Men and Two Women Witnessed Adultery
Volume: (9) - Page Number: (75)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... He said: "And if he commits adultery with a girl whom a man cannot fully engage with, and he only brings her to climax, there is no penalty on him, because the obligation of the adultery penalty depends on the completeness of the act, and the completeness of the act cannot be realized without the completeness of the situation. It has thus been established that the situation was not suitable for this act when he brought her to climax." This is in contrast to if he committed adultery with her and did not bring her to climax, because it would then be clear that she was suitable for that act when she engaged in the possibility of intercourse. Moreover, the penalty is prescribed for deterrence, and deterrence is only appropriate in situations to which nature inclines. The nature of rational beings does not incline towards the intercourse of a small child who does not desire it and cannot withstand engagement.

Reference: Al Mabsoot Book 9
Hadith No: 11
Al-Sarakhsi - al-Mabsut - Book of Hudud - A dhimmi committed adultery and then said, "I consider this permissible."
Volume: (9) - Page Number: (85)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... He said: A man married a woman whom it is not lawful for him to marry, and he consummated the marriage with her, it is the same for him whether he was aware of this or not, according to the opinion of Abu Hanifa (may he rest in peace). However, he will receive a painful punishment if he was aware of it.

Reference: Al Mabsoot Book 9
Hadith No: 12
Al-San'ani - al-Musannaf - Book of Divorce - Chapter on Permission Regarding It
Volume: (7) - Page Number: (391)
13593 - Abdul Razzaq narrated to us, saying: Ibn Jurayj narrated to us, saying: Ibrahim ibn Abi Bakr narrated to me from Mujahid, who said: "Those who preceded would instruct their young men to practice istimna' (self-stimulation), and women would similarly insert something. We said to Abdul Razzaq, 'What would they insert?' He replied: 'He means a vessel (saaq), saying that they could use it to suffice from committing zina (fornication).'"

Reference: Al-Musannaf Book 7
Hadith No: 13
Al-San'ani - al-Musannaf - Book of Divorce - Chapter on the License in It
Volume: (7) - Page Number: (391)
13594 - Abd al-Razzaq said: Ibn Jurayj narrated to us, saying: Amr ibn Dinar said, "I do not see any harm in self-pleasure."

Reference: Al-Musannaf Book 7
Hadith No: 14
Al-Nawawi - al-Majmu' Sharh al-Muhthab - Takmilat Muhammad Najib al-Mut'ii
Volume Twenty - Book of Hudud - Chapter on the Punishment for Adultery
Volume: (20) - Page Number: (25)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... Muhammad ibn Hazm narrated with his chain of transmission that a woman came to Umar ibn al-Khattab and said: "O Commander of the Faithful, I was leading my flock of sheep when a man met me and scooped up a handful of dates for me, then another handful of dates, and then another handful of dates, and then he assaulted me." Umar replied, "What you say!" She repeated, and Umar, gesturing with his hand, said, "Mahr, mahr, mahr," then left her.
- .... And with it to Abd al-Razzaq: that a woman was afflicted by hunger and went to a shepherd, asking him for food, but he refused until she offered herself to him. She said, "He then sprinkled three handfuls of dates for me," and she mentioned that she was in great distress from hunger. She informed Umar, who enlarged his hands and said, "Mahr, mahr, mahr," and he prevented the punishment from her.
- .... And Abu Muhammad said:Abu Hanifa held this view and did not consider adultery to be anything except that which occurred from an unexpected encounter. As for what happened from a mutual agreement or hiring, it is not considered adultery, nor is there a punishment for it.

Reference: Al-Majmu' Sharh al-Mohaddhab Book 20
Hadith No: 15
Al-Jaziri - al-Fiqh 'ala al-Mazahib al-Arba'a - Book of Marriage - Section on Matters That Establish the Prohibition of Affinity
Volume: (4) - Page Number: (63)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... Certain conditions must be met regarding the gaze: .... Third: He must see the actual organ and not its image reflected in a mirror or in water. So, if she were leaning and he saw the image of her organ inside a woman with desire, it would not be unlawful, nor would it be if she were doing the same on the shore of a body of water. However, if it were present in clear water and he saw her in the water itself, then seeing it in this way would establish a prohibition because he saw it in reality, not just as an image.

Reference: Al Fiqha al mazhaeb al arba'a Book 4
Hadith No: 16
Al-Jaziri - Al-Fiqh 'ala al-Madhahib al-Arba'a
Al-Ma'na - Volume Two - Chapter on the Punishment of a Non-Privileged Person
Volume: (5) - Page Number: (58)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... And if a rational, adult woman obeys a minor who is not of age or a lunatic and allows him access to herself, she is not required to enforce the punishment, nor is anyone who engages with her, because the punishment is obligatory on a man solely based on the validity of the act of zina (fornication or adultery)....

Reference: Al Fiqha al mazhaeb al arba'a Book 5
Hadith No: 17
Al-Jaziri - al-Fiqh 'ala al-Madhahib al-Arba'a
Al-Ma'nā - Volume Two - Chapter on Doubts in Zina
Volume: (5) - Page Number: (81)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... And whoever acknowledges that he committed zina with a mute woman who cannot speak, or a woman acknowledges that she committed zina with a mute man, Imam Abu Hanifa, may Allah have mercy on him, said: The legal punishment (hudud) cannot be enforced on either of them due to the existence of a doubt that extends to the other party.

Reference: Al Fiqha al mazhaeb al arba'a Book 5
Hadith No: 18
Al-Jaziri - Al-Fiqh 'ala al-Madhahib al-Arba'a
Al-Ma'nā - Volume Two - Chapter on Doubts in Adultery
Volume: (5) - Page Number: (87)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... The Shafi'is said that there are two opinions among them: the more apparent one is that she is not obligated to receive the prescribed punishment (hadd) even if she does not provide any evidence in her claim of coercion to support her truthfulness, nor does she present any witness in her claim of marriage, because the hadd can only be established through witnesses or confession, and this has not been established here and because limits (hudud) are waived in the presence of doubts, and this is a doubt; thus, mere pregnancy does not establish a hadd, but rather, acknowledgment or evidence is necessary.

Reference: Al Fiqha al mazhaeb al arba'a Book 5
Hadith No: 19
Al-Jaziri - Al-Fiqh 'ala al-Madhahib al-Arba'a
Al-Ma'nā - Volume Two - Chapter on Doubts in Adultery
Volume: (5) - Page Number: (88)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... The Hanafis said: If a man hires a woman for fornication and she accepts and he has sexual intercourse with her, then no punishment (hadd) shall be inflicted on either of them, and they should be reprimanded (ta'zir) in a manner that the imam deems appropriate, and she will bear the sin of adultery on the Day of Resurrection for it is narrated that a woman asked a shepherd of sheep in the desert to give her some milk, but he refused to give her milk until she allowed him to have his way with her. Considering her desperation and need for food, the woman accepted and the shepherd had intercourse with her. The matter was then brought to Umar ibn al-Khattab, who dismissed the punishment from them and said: That is her dowry (mahr), and this is considered a form of hiring her.

Reference: Al Fiqha al mazhaeb al arba'a Book 5
Hadith No: 20
Al-Jaziri - al-Fiqh 'ala al-Madhahib al-Arba'a
Al-Ma'ni - Volume Two - Chapter on Doubts in Adultery
Volume: (5) - Page Number: (92)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... If a soldier of the mujahideen has intercourse with a maiden from the female captives of war before the division, no punishment shall be carried out on him due to the existence of a doubt, as no punishment is enforced in the land of war or in a state of invasion, so that it does not lead to him being associated with the enemy.

Reference: Al Fiqha al mazhaeb al arba'a Book 5
Hadith No: 21
Ibn Qudamah - al-Mughni - Book of Lian
Issue: A man whose wife gives birth to a child says, "She did not commit adultery, but this child is not mine."
Section: His wife gives birth to a child that cannot possibly be his while they are married.
Volume: (8) - Page Number: (80)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... And if a man marries a woman in a gathering and then divorces her there before he has left their sight, and she later gives birth to a child six months after the marriage, or if he marries an Eastern woman and then six months pass and she gives birth, the child will not be attributed to him. Malik and al-Shafi'i also said this.
- .... And Abu Hanifah said: The child will be attributed to him because a child is only attributed by the contract and the duration of pregnancy. Do you not see that you said if a time of possibility passes, the child will be attributed, even if he knows that no sexual intercourse took place?

Reference: Al Magani Book 8
Hadith No: 22
Ibn Qudamah - al-Mughni - Book of Hudud (Punishments) - Issue on the Conditions for Witnesses of Zina (Adultery)
Chapter: If a man hires a woman to do something and he commits zina with her, or he hires her to have zina with her
Volume: (9) - Page Number: (80)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... Chapter: If a man hires a woman to do something and he commits zina with her, or he hires her to have zina with her, and he does so, or if he commits zina with a woman and then marries her or buys her, both of them are to receive the prescribed punishment.
- .... And this was the view of: most scholars. Abu Hanifah said: There is no prescribed punishment on either of them in these cases because his ownership for her benefit is a presumption that prevents punishment, and he should not be punished for having intercourse with a woman he owns. However, we have the generality of the Quranic verse and reports, as well as the existence of the underlying reason that necessitates the obligation of punishment.

Reference: Al Magani Book 9
Hadith No: 23
Al-Hasafaki - al-Durr al-Mukhtar Sharh Tanweer al-Absar wa Jamae al-Bihar - Book of Marriage - Section on Prohibitions
Volume: (1) - Page Number: (182)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... It is permissible for him to have intercourse with a woman who claims she is married to him in a valid marriage before a judge, and she, in this case, is in a position to contract marriage, because she is free from any obstacles to the formation of marriage. The judge ruled her marriage to be valid based on the evidence she presented, although, in reality, he had not married her. Similarly, it would be permissible for him if he claimed a marriage to her, contrary to the views of the two.
- .... And in al-Sharnubalaki's work, regarding al-Mawahib, it is advised to follow their opinion, and even if the judge ruled her divorce based on false testimony, knowing this, the ruling would be valid, and it would be permissible for her to remarry another man after the waiting period. It would also be permissible for the false witness to marry her, and she would be forbidden to the first man. According to the second opinion, she would not be permissible to either of them, and according to Muhammad, she would be permissible to the first man as long as the second has not had intercourse with her.

Reference: Al Durr al Mukhtar Shrahe tanweer al absaar wa jaame'a al bahar Book 1
Hadith No: 24
Ibn Qayyim al-Jawziyyah - Bada'ia al-Fawa'id - Chapter
Volume: (4) - Page Number: (96/97)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... And if a woman has no husband and her desire intensifies, some of our companions said it is permissible for her to use the al-ikarnabj, which is something made from skins in the shape of a male, that she can insert into herself, or something similar made from small cucumbers or squash....
- .... And if she were to insert a hollowed-out watermelon, dough, or a type of stew into a statue and engage in intercourse with it, it would be as we mentioned in the previous details. I say this is easier than masturbating with her hand, and Ahmad said about one who is often overwhelmed by the urge for intercourse, cannot control themselves, and fears that their testicles may split, 'Let them be fed'; this is a wording from us that was relayed to him in al-Mughni.

Reference: Badae al fawaed Book 4
Hadith No: 25
Al-Tahawi - Sharh Ma'ani al-Athar - Book of Hudud
Chapter: One who marries his father's wife or a woman with whom he has a forbidden relationship, and has sexual relations with her
Volume: (3) - Page Number: (149)
[The text is lengthy, so only the relevant excerpt is provided here]
4883 - .... Abu Ja'far said: A group went to the view that one who marries a woman with whom he has a forbidden relationship, knowing that she is unlawful for him, and has sexual relations with her, is judged like a fornicator (zanin) and that the penalty for fornication (hadd al-zina) should be enforced upon him, either stoning (rajm) or flogging (jald). They supported this with the following narrations, and among those who said this was Abu Yusuf and Muhammad, may Allah have mercy on them both. Others disagreed with them, saying that the penalty for fornication (hadd al-zina) is not required in this case, but rather, it is necessary to impose ta'zir (discretionary punishment) and a severe punishment. Among those who held this view were Abu Hanifa and Sufyan al-Thawri, may Allah have mercy on them both.

Reference: Sharhe Maniy al Aasaar Book 3
Hadith No: 26
Al-Taḥāwī - Sharḥ Maʿānī l-Athār - Book of Hudūd
Chapter: Whoever Marries His Father's Wife or a Female Relative and Consummates the Marriage
Volume: (3) - Page Number: (149)
[The text is lengthy, so only the relevant excerpt is provided here]
4885 - Fāhd narrated to us, saying: Abū Nuʿaym narrated to us, saying: I heard Sufyān say about a man who married a female relative and consummated the marriage: "There is no punishment (ḥadd) on him."....

Reference: Sharhe Maniy al Aasaar Book 3
Hadith No: 27
Al-Kasani - Bada'i' al-Sana'i' fi Tartib al-Shara'i'
Book of Hudud - Chapter on Explaining the Reasons for the Obligation of Hudud
Volume: (7) - Page Number: (35)
[The text is lengthy, so only the relevant excerpt is provided here]
- .... Likewise, if he marries his female relatives, or a fifth wife, or his wife's sister, and has intercourse with her, there is no hadd (fixed punishment) upon him according to Abu Hanifa, even if he is aware of the prohibition, but he is subject to ta'zir (discretionary punishment). In the view of his two companions and al-Shafi'i, may Allah have mercy on them, he is subject to hadd. The principle according to Abu Hanifa, may Allah have mercy on him, is that if a marriage is contracted by those of legal age, added to a situation capable of fulfilling the purposes of marriage, it prevents the obligation of hadd, whether the marriage is lawful or unlawful, whether the prohibition is a matter of disagreement or consensus, and whether one suspects it is permissible and claims confusion, or knows it to be prohibited. The principle according to them is that if the marriage is one that is permanently unlawful or its prohibition is agreed upon, hadd is required, even if it is not permanently unlawful or its prohibition is a matter of disagreement; in such cases, hadd is not obligatory.

Reference: Badae al samae fi tarteeb al sharaaea Book 7