Is the prescribed punishment for defamation due upon the accuser for acts for which no prescribed punishment exists, such as touching without penetration, intercourse under a misconception (shubha), lesbian acts (musahaqa), or forced intercourse?

Primary text

The prescribed punishment for defamation is not incumbent upon the accuser when the act alleged does not carry a prescribed legal punishment. This includes accusing someone of mere touching without penetration, intercourse performed under a legal misconception (shubha), accusing a woman of lesbian acts (musahaqa), or accusing someone of forced intercourse. This is because the accuser has named the accused with an act that does not legally necessitate the hadd, thereby resembling an accusation involving mere touching or looking.