An-Nisaa • EN-AL-QUSHAIRI-TAFSIR
﴿ وَٱلَّٰتِى يَأْتِينَ ٱلْفَٰحِشَةَ مِن نِّسَآئِكُمْ فَٱسْتَشْهِدُوا۟ عَلَيْهِنَّ أَرْبَعَةًۭ مِّنكُمْ ۖ فَإِن شَهِدُوا۟ فَأَمْسِكُوهُنَّ فِى ٱلْبُيُوتِ حَتَّىٰ يَتَوَفَّىٰهُنَّ ٱلْمَوْتُ أَوْ يَجْعَلَ ٱللَّهُ لَهُنَّ سَبِيلًۭا ﴾
“AND AS FOR those of your women who become guilty of immoral conduct, call upon four from among you who have witnessed their guilt; and if these bear witness thereto, confine the guilty women to their houses until death takes them away or God opens for them a way [through repentance].”
As for those of your women who commit lewdness call four of you to witness against them; and if they witness then detain them in their houses until death take them or God appoints for them a way. So as to lower the veil of generosity over the sins of servants [God] made allowances through an excessive number of witnesses [required] to estab- lish proof of lewdness which is fornication. To follow the witnessing pro- cedure in the law makes establishing proof of the circumstances nearly impossible. When Māʿiz [ibn Mālik] told [the Prophet] ﷺ �O Messenger of God may the blessings of God be upon you I have committed fornication� he said �Maybe you [only] kissedḍ� On another occasion [the Prophet] said �smell his breath.� In this there is the strongest proof of what I have mentioned of the lowering of the veil over ugly acts.