Tafsir of Al-Isra 17:32

{And do not approach adultery}—meaning, by engaging in its near or distant preliminaries, let alone engaging in the act itself. The prohibition against approaching it—unlike the preceding and succeeding verses—serves as an intense form of prohibition against the act itself, and because approaching it is a catalyst for committing it. Al-Raghib interpreted it as having intercourse with a woman without a legal contract. The word admits both prolongation (madd) and shortening (qasr); if prolonged, it may be the verbal noun of the reciprocal form (mufa‘alah). Placing the prohibition against it between the prohibition of killing children and the prohibition of killing a soul that is forbidden [to be killed]—as stated by the Shaykh al-Islam—is because it constitutes the killing of children in a sense, for it is the wasting of lineages; indeed, one whose lineage is not established is as one dead in legal status.

{Indeed, it was an immorality}—an act that is clearly hideous and excessive in its ugliness.

{And an evil way}—meaning, it is a wretched path because of the resulting confusion of lineages and the incitement of tribulation. The two Sheikhs [Bukhari and Muslim] and others have narrated from Abu Hurayrah, from the Messenger of Allah (peace and blessings of Allah be upon him) that he said: "The adulterer does not commit adultery while he is a believer." In other narrations, it is stated that when a man commits adultery, faith departs from him and hovers over his head like a canopy; if he repents and desists, it returns to him. It is among the major sins and is an absolute immorality, as agreed upon by the verifiers. Indeed, in an authentic Hadith, adultery with the wife of one’s neighbor is among the greatest of the major sins. Al-Halimi claimed that it is only an "immorality" if it is with the wife of a neighbor, or a kinsperson, or a stranger during the month of Ramadan, or in the Sacred Land, and a "major sin" if it is with the stepmother, the son's wife, or a stranger by way of force and coercion, and that if it does not necessitate a prescribed punishment (hadd), it is a minor sin. His refutation and the weakness of his foundation are obvious. The verse is clear that it is an immorality in an absolute sense. Yes, its most heinous type is adultery with the neighbor's wife. Some have said: The greatest adultery of all is adultery with those to whom marriage is forbidden (maharim). Al-Hakim authenticated that the Prophet (peace and blessings of Allah be upon him) said: "Whoever has intercourse with a kinsperson, kill him." Adultery by a previously married person (thayyib) is uglier than that by a virgin, as evidenced by the difference in their punishments. Adultery by an elderly person, due to the perfection of his intellect, is uglier than that of a youth. Adultery by a free person and a scholar, due to their perfection, is uglier than that of a slave or an ignorant person.

As to whether it is greater than sodomy or not, there is a difference of opinion. In al-Ihya, it is stated that it is greater, because the desire for it exists on both sides, so its occurrence is frequent and the harm is great, including the confusion of lineages through its frequency. This is countered by the argument that the punishment for sodomy is more severe, as evidenced by the view of Malik and others regarding the stoning of the perpetrator even if not previously married, unlike the adulterer. This may be answered by noting that the less significant act might possess an aggravating feature; and there is much to be said about this. Some have gone to the extreme, saying that it absolutely follows polytheism in gravity. The more correct view is that what follows polytheism is murder, then adultery. As for the report, "Backbiting is more severe than thirty adulteries in Islam," it is apparent, as Ibn Hajar al-Haytami said, that it has no basis. True, al-Tabarani and al-Bayhaqi (may Allah be pleased with them) narrated: "Backbiting is more severe than adultery," but it has what clarifies its meaning: that which Ibn Abi al-Dunya and Abu al-Shaykh narrated from Jabir and Abu Sa‘id (may Allah be pleased with them): "Beware of backbiting, for backbiting is more severe than adultery; for a man may commit adultery and Allah (may He be exalted) accepts his repentance, but the one who engages in backbiting is not forgiven until his victim forgives him." From this, it is known that the severity of backbiting over adultery is not absolute, but rather from the perspective that inward repentance—which fulfills all its conditions (regret for the sin, cessation, and determination not to return, provided it is before the death rattle and the rising of the sun from the west)—is sufficient to expiate the sin of adultery by itself. This is contrary to backbiting; even if these conditions are found, repentance alone does not expiate it, but rather it is necessary to add the seeking of absolution from the victim along with their pardon. Thus, backbiting is "more severe" from this aspect, not absolutely. Therefore, the Hadith does not contradict the more correct view.

From this, it is also known that repentance from adultery does not require seeking absolution from the victim—a point clarified by more than one verifier—yet it remains among the rights relating to human beings. How could it not be, when it is an assault on honor and lineage? The meaning of their statement that "no human right is attached to adultery" is in terms of wealth and the like. The non-requirement of seeking absolution does not indicate that it is not among the rights relating to human beings at all. The only reason seeking absolution is not required is because of the resulting increase in disgrace and the high probability that a husband or relative, if told of it, would hasten to kill the adulterer or the adulteress, or both. Given what has been mentioned, how can one advocate for the requirement of seeking absolution? The Proof of Islam, al-Ghazali, clarified something similar in Minhaj al-‘Abidin, stating within a detailed discussion—which al-Adhra‘i described as being of the utmost beauty and verification: "As for a sin [committed] within the sanctuary [the family], if you betray him regarding his wife or children, there is no way to seek absolution and disclose it, because it breeds tribulation and rage. Rather, you should beseech Allah (Subhanahu wa Ta‘ala) to satisfy him on your behalf and grant him much good in exchange. If you are safe from tribulation and rage—which is rare—then you may seek his absolution." Al-Adhra‘i also said in several places regarding envy and repentance from it: "It seems that it is forbidden to inform [the victim] if it is highly probable that he will not forgive, and that it would generate enmity, hatred, and harm for the one who informs." He then said: "It is permissible to wait regarding the envied person; if he is of good character such that it is thought he might forgive, then it becomes mandatory to inform him to be absolved of the grievance with certainty. But if it is highly probable that informing him will lead to evil and enmity, it is strictly forbidden to inform him. If one is in doubt, the apparent view is what al-Nawawi mentioned regarding the lack of obligation or recommendation, for a pure soul is rare, and that might lead to evil and enmity, even if he forgives with his tongue." If this is the case for envy—with its relative ease for most people and their lack of concern regarding it, which led al-Nawawi to rule against informing, saying: "The chosen view, rather the correct one, is that it is not obligatory to inform the envied person; in fact, it is not recommended, and if one were to say it is disliked, it would not be far from the truth"—then what about adultery, which necessitates that the husband or relative would kill [the perpetrator] merely upon suspicion, let alone with certainty?

It is known from the reports that the fruits of adultery are ugly; among them are that it leads to the Fire and severe punishment, that it inherits poverty, the loss of radiance, the shortening of life, and that one is held to account for it through his own progeny. When this was told to a king, he wanted to test it with a daughter of his who was of utmost beauty. He placed her with a woman and ordered her not to stop anyone who wished to approach her for any reason, and ordered her to uncover her face. She walked with her through the markets, and she did not pass by anyone but that he lowered his gaze out of shyness and shame. When she had toured the whole city with her, and no one had cast a glance at her, she returned with her to the king’s house. When she was about to enter, a man grabbed her and kissed her, then went away. She brought her to the king and told him the story. He prostrated in gratitude and said: "Praise be to Allah (Exalted be He), I have never committed anything in my life except a single kiss, and I have been requited for it." We ask Allah (Subhanahu wa Ta‘ala) to protect us, our progeny, and those who are related to us from immoralities, what is apparent of them and what is hidden, by the sanctity of the Prophet (peace and blessings of Allah be upon him).

Ubayy ibn Ka‘b used to read—as recorded from him by Ibn Marduyah—{And do not approach adultery; indeed, it was an immorality and an evil way—except for those who repent, for Allah is ever Forgiving, Merciful}. This was mentioned to ‘Umar (may Allah be pleased with him), so he came to him and asked him about it. He replied: "I took it from the Messenger of Allah (peace and blessings of Allah be upon him), and you have nothing to do but to clap in the marketplaces." If this [report] is authentic, it was before the final presentation [of the Quranic text].