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Conditions for accuser and accused
The hadd of Qadhf is only obligatory when conditions are met in both the Qadhif (accuser) and the Maqdhuf (accused) for it to become a crime deserving the punishment of lashing. --- **FIRST: Conditions for the Qadhif (Accuser) - 5 conditions:** 1. **Adult (Baligh)** - No hadd on a child 2. **Sane ('Aqil)** - No hadd on an insane or mentally deficient person 3. **Not an ascendant of the accused** - like father, grandfather, mother, grandmother. No hadd on a parent (father or mother) if they accuse their child (son or daughter), no matter how far down the lineage 4. **Must choose to accuse freely (Mukhtar)** - No hadd on one who is forced 5. **Must know the prohibition** - No hadd on one who is ignorant --- **SECOND: Conditions for the Maqdhuf (Accused) - 5 conditions:** 1. **Muslim** - No hadd for accusing a disbeliever, because his sanctity is incomplete 2. **Sane ('Aqil)** - No hadd for accusing an insane person 3. **Adult OR of an age where intercourse is possible** - i.e., a boy of 10 or a girl of 9 or older 4. **Chaste ('Afif) from zina in reality** - No hadd for accusing someone known to commit zina 5. **Free (Hurr)** - No hadd for accusing a slave **Evidence for the slave:** The Prophet ﷺ said: "Whoever accuses his slave of zina will be lashed on the Day of Resurrection, unless he is as he said" [Muslim]. Imam an-Nawawi said: "This indicates that there is no hadd in this world for accusing a slave, and this is unanimously agreed upon. However, the accuser of a slave receives ta'zir (disciplinary punishment), because the slave is not muhsan." --- **Summary:** The condition for establishing the hadd upon the Qadhif is that the Maqdhuf be **Muhsan** - which is one who is: Muslim, sane, free, chaste from zina, adult or of age for intercourse. Allah says: "And those who accuse chaste women (al-muhsanat)..." [An-Nur: 4]. The implication is: one is not lashed for accusing someone who is not muhsan.