Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions. Wa alaikum assalam wa rahmatullahi wa barakatuh. As to what follows: In response to your question, we say: The scholars agreed that the adultery which necessitates punishment is established by the insertion of the glans of the penis into the vagina. Anything enjoyment besides that is prohibited adultery because of the statement of the Prophet (peace be upon him) that “the adultery of the eyes is to look, the adultery of the ears is to hear, the adultery of the tongue is licentious speech, the adultery of the hand is touching and the adultery of the leg is walking (towards places where adultery may be committed).” This hadith was transmitted by al-Bukhari and Muslim from the hadith of Abu Hurairah. The hadith indicates that every part commits adultery, thus it is imperative to fear it and beware of it. In order to close the means to adultery Allah said, “And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way” [al-Isra 17: 32]. However, this type of adultery does not make the guilty person deserve to be punished with the set punishment for adultery. As for the punishment, which is worldly punishment, that is an additional matter above what I have mentioned, and it is not established except by conditions, including insertion of the glans, which is the head of the penis. As to what you asked about which is the fact that some people penetrate women using condoms; the scholars agreed that if the condom is thin and does not bar the heat of the vagina or excitement, then the punishment is applicable. However, the scholars differed on the ruling of a thick condom and some of them said that it makes the punishment fall away. What you read or heard about Shaikh ‘Uthaimin (may Allah have mercy on him) concerns the compulsoriness of bathing, because bathing is compulsory due to ejaculation, or contact between the penis and vagina, and in this case, ejaculation did not take place, and the two private parts did not get into contact because of the presence of a barrier. However, the punishment of adultery is not linked to contact between the penis and the vagina, rather, it is linked to penetration, thus there is no correlation between the two.
Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions. Wa alaikum assalam wa rahmatullahi wa barakatuh. As to what follows: In response to your question, we say: The scholars agreed that the adultery which necessitates punishment is established by the insertion of the glans of the penis into the vagina. Anything enjoyment besides that is prohibited adultery because of the statement of the Prophet (peace be upon him) that “the adultery of the eyes is to look, the adultery of the ears is to hear, the adultery of the tongue is licentious speech, the adultery of the hand is touching and the adultery of the leg is walking (towards places where adultery may be committed).” This hadith was transmitted by al-Bukhari and Muslim from the hadith of Abu Hurairah. The hadith indicates that every part commits adultery, thus it is imperative to fear it and beware of it. In order to close the means to adultery Allah said, “And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way” [al-Isra 17: 32]. However, this type of adultery does not make the guilty person deserve to be punished with the set punishment for adultery. As for the punishment, which is worldly punishment, that is an additional matter above what I have mentioned, and it is not established except by conditions, including insertion of the glans, which is the head of the penis. As to what you asked about which is the fact that some people penetrate women using condoms; the scholars agreed that if the condom is thin and does not bar the heat of the vagina or excitement, then the punishment is applicable. However, the scholars differed on the ruling of a thick condom and some of them said that it makes the punishment fall away. What you read or heard about Shaikh ‘Uthaimin (may Allah have mercy on him) concerns the compulsoriness of bathing, because bathing is compulsory due to ejaculation, or contact between the penis and vagina, and in this case, ejaculation did not take place, and the two private parts did not get into contact because of the presence of a barrier. However, the punishment of adultery is not linked to contact between the penis and the vagina, rather, it is linked to penetration, thus there is no correlation between the two.
