Is there a penalty for intercourse when summoning a lawful partner but another, unlawful woman responds?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
A penalty (*hadd*) is required if a man summons a woman lawfully forbidden to him, and another woman responds, and he has intercourse with her believing her to be the one summoned. This ruling applies regardless of whether the summoned woman was someone with whom the man had a form of ambiguous right (like a jointly owned concubine) or not. The reason is that this mistake is not excusable; it is comparable to killing a stranger while mistaking him for one's son or slave.