"And when two of you (read wa’lladhāni or wa’lladhānni) men, commit it, that is, a lewd act, adultery or homosexual intercourse, punish them both, with insults and beatings with sandals; but if they repent, of this [lewd act], and make amends, through [good] action, then leave them be, and do not harm them. God ever turns [relenting], to those who repent, and is Merciful, to them. This [verse] is abrogated by the prescribed punishment if adultery is meant [by the lewd act], and similarly if homosexual intercourse is meant, according to al-Shāfi‘ī; but according to him, the person who is the object of the [penetrative] act is not stoned, even if he be married; rather, he is flogged and banished. Judging by the dual person pronoun, it seems more obvious that homosexual fornication is meant [by this verse], even though the former [sc. al-Shāfi‘ī] was of the opinion that it referred to an adulterer and an adulteress; but this [opinion of his] may be countered by the fact that [the reference to] the two [men] becomes clear on account of the particle min being attached to a masculine pronoun [minkum, ‘of you’], and by the fact that they suffer the same punishment, [both effect the action of] repentance and [are both granted] that they be left alone [thereafter], [all of] which applies specifically to men, given that for women detention is stipulated, as was stated before."
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Tafsir al-Jalalayn
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