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الفتح الربانی
Fath al-Rabbani
مسائل الحدودIssues of Hudud (Prescribed Punishments)
بَاب مَا جَاءَ فِي مَنْ وَطِئَ جَارِيَةَ امْرَأَتِهِChapter: What Has Been Reported Regarding One Who Had Intercourse with His Wife's Slave Girl
Hadith 6730
اُردوEn
(وَعَنْهُ مِنْ طَرِيقٍ ثَانٍ) قَالَ قَضَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ فِي رَجُلٍ وَطِئَ جَارِيَةَ امْرَأَتِهِ إِنْ كَانَ اسْتَكْرَهَهَا فَهِيَ حُرَّةٌ وَعَلَيْهِ لِسَيِّدَتِهَا مِثْلُهَا
(Second chain of narration) Regarding the man who committed an immoral act with his wife's slave-girl, the Messenger of Allah, peace and blessings be upon him, gave this ruling: if he forced the slave-girl, then she will be set free, but it is his responsibility to give her master another slave-girl of the same kind.
Brief Explanation
Benefits: … All the narrations in this chapter are weak.
For the purpose of understanding the issue, some necessary explanation of the hadith is presented: An unlawful thing does not become lawful by someone declaring it lawful. If a wife declares her slave-girl lawful for her husband, that slave-girl does not become lawful for the husband, because she is not his slave-girl, but the wife’s slave-girl. Intercourse with one’s own slave-girl is permissible, but since there is a doubt here—whether the wife’s slave-girl is also the husband’s slave-girl—when the wife has declared her owned property lawful for the husband, perhaps it may become lawful for him. Therefore, there is a reduction in the punishment: instead of stoning (rajm), flogging is mentioned. However, it should be remembered that on the basis of this doubt, the man cannot be completely excused; the punishment can be lightened. Yes, if the wife gifts (hibah) her slave-girl to the husband and she becomes his slave-girl, or if she marries her slave-girl to the husband, then it is permissible.
For the purpose of understanding the issue, some necessary explanation of the hadith is presented: An unlawful thing does not become lawful by someone declaring it lawful. If a wife declares her slave-girl lawful for her husband, that slave-girl does not become lawful for the husband, because she is not his slave-girl, but the wife’s slave-girl. Intercourse with one’s own slave-girl is permissible, but since there is a doubt here—whether the wife’s slave-girl is also the husband’s slave-girl—when the wife has declared her owned property lawful for the husband, perhaps it may become lawful for him. Therefore, there is a reduction in the punishment: instead of stoning (rajm), flogging is mentioned. However, it should be remembered that on the basis of this doubt, the man cannot be completely excused; the punishment can be lightened. Yes, if the wife gifts (hibah) her slave-girl to the husband and she becomes his slave-girl, or if she marries her slave-girl to the husband, then it is permissible.
