Bukhari

Hadith Commentary:
The apparent meaning of the hadith suggests that if a slave woman is muhsanah (married), then she should be stoned.
However, by consensus, stoning (rajm) is not applied to slave women or slave men.
This is because there is a clear ruling in the Noble Qur’an itself:
﴿فَإِذَا أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ﴾ (an-Nisa: 25)
And half of stoning is not possible, so what is meant is half of the lashes.
That is, fifty lashes should be administered.
Some have said that the translation of the hadith is as follows: if the slave woman does not protect herself from adultery and commits adultery.
(Wahidi)

Hadith Commentary:
From this hadith, it is understood that fornication (zina) is a defect (‘ayb).
The buyer, upon being informed of this defect, can return the slave or slave-girl.
Although the hadith mentions the slave-girl, the ruling can be analogically applied to the male slave as well.
The Hanafi scholars consider this principle correct regarding the slave-girl, but do not accept it in the case of the male slave.
According to them, fornication and immorality are defects in the slave-girl but not in the male slave, because with the slave-girl, intercourse and the desire for offspring are intended, and fornication becomes an obstacle to this purpose, whereas the purpose of the male slave is to obtain service, and fornication does not interfere with this service.
However, if fornication becomes his habitual practice, then this is a defect.
In any case, in the eyes of the intelligent, wise, and honorable person, immorality is a defect, whether it is found in a male slave or a slave-girl.
Here, a question arises: how can it be permissible to sell something with such a defect, when the hadith states that a Muslim should like for his brother what he likes for himself? The answer given is that perhaps, after going to another person, due to his company, the slave-girl may refrain from immorality, because sometimes immoral women, after marrying strong and powerful men, abandon such indecency, provided the one marrying her is honorable.
It is also possible that the buyer may marry her off to someone else, or himself find some way to protect her from fornication.
(Fath al-Bari: 4/486)
And Allah knows best.

Hadith Commentary:
The correspondence of this hadith with the translation of the chapter heading is difficult.

Hafiz (rahimahullah) said: What is derived from this hadith is that when a slave-girl commits fornication (zina), she should be sold, and this is general, including even that slave-girl who is a mudabbirah (one whose freedom is promised after the owner's death).

Thus, the permissibility of selling a mudabbirah is derived. 'Ayni (rahimahullah) objected to this, saying that in the hadith, the permissibility of sale is conditional upon her committing fornication repeatedly, whereas according to those people, the sale of a mudabbirah is valid in every case, whether she commits fornication or not. Therefore, it cannot be correctly deduced from this hadith.

I say that 'Ayni's (rahimahullah) objection is invalid.

Because if a mudabbirah slave-girl commits fornication repeatedly, then the permissibility of selling her is derived from this hadith, and those who do not consider the sale of a mudabbir permissible do not accept its permissibility even in the case of fornication.

Thus, this hadith is contrary to their statement and is in agreement with those who hold the permissibility of selling a mudabbir.

And although the ruling of sale in this hadith is given upon the condition of repeated fornication, the context indicates that the sale is not restricted to this.

Because even a slave-girl who does not commit fornication at all, or does so only once, it is also permissible to sell her.

Now, as for 'Ayni's statement: Is this indication by the explicit wording of the text (ibarat al-nass), by the allusion of the text (isharat al-nass), or by the indication of the text (dalalat al-nass)? In response, we say that this is dalalat al-nass, because the hadith mentions a slave-girl in general, and that includes the mudabbirah.

(Wahidi)

Hadith Commentary:
If a slave-girl is unmarried and commits fornication, then according to some scholars, the prescribed punishment (hadd) is not applicable to her; rather, she should be beaten as a warning. According to them, "ihsan" (legal protection) refers to her being married. However, the majority opinion is that when a slave-girl is Muslim and commits fornication, whether she is married or unmarried, in both cases her prescribed punishment is fifty lashes.

The instruction to sell her for a trivial price after repeated acts of fornication refers to her humiliation and disgrace, and it is an encouragement to distance oneself from such a slave-girl, to the extent that one should get rid of her even if the price received is only a rope made of hair. Thus, it is narrated from Ali radi Allahu anhu:

He said:
O people! Carry out the prescribed punishments on your male and female slaves, whether they are married or unmarried. A slave-girl belonging to the Messenger of Allah sallallahu alayhi wa sallam committed fornication, so he ordered me to flog her.

(Sahih Muslim, Hudud, Hadith: 4550(1705))

Although this narration is mawquf (stopped at the Companion), it carries the ruling of marfu‘ (attributed to the Prophet sallallahu alayhi wa sallam).

(Fath al-Bari: 12/199)

Hadith Commentary:
This hadith has been cited because the word “amah” (female slave) has been used for the slave woman in it.
Qastallani rahimahullah has said that the purpose of bringing this hadith is to show that when a slave woman is made to commit fornication, then it is not forbidden to take action against her; rather, it is necessary to punish her. At the end, there is doubt from the narrator as to whether the Prophet sallallahu alayhi wa sallam ordered her to be sold after the third time or the fourth time.

By quoting all these narrations, the Imam rahimahullah has established that owners should not act arrogantly towards their slaves, male or female.
All are equal by virtue of being human.
The basis of nobility and superiority is faith (iman) and piety (taqwa).
The true Master, Ruler, and Owner of all is only Allah, the Blessed and Exalted.
Worldly owners and masters are all metaphorical (majazi).
They exist today and may not exist tomorrow.
Wherever in the Qur’an or hadith such words are used for masters or slaves, metaphorical meanings are intended.

Hadith Commentary:
(1)
In these narrations, the word "abd" is used for a male slave, "amah" for a female slave, and "sayyid" for the master. Thus, the use of these words in a figurative sense is correct. When the literal meaning is intended, their use in such contexts is not appropriate. This is the way to reconcile the various hadiths, as explained by the Imam of the hadith scholars. He has also established that masters should never express superiority over their slaves, male or female. As human beings, all are equal and are the children of Adam (alayhis salam); nobility, superiority, and honor and respect are based on piety and righteousness, as the Noble Qur’an has explicitly stated.
(2)
The true Master, Ruler, and Owner is only Allah, the Exalted. Worldly owners and masters are all figurative; they exist today and will perish tomorrow. In those verses and hadiths where such words are used for masters or slaves, the figurative meaning is intended.

Benefits and Issues:
The legal punishment (hadd) for a male or female slave is half of that for a free person, that is, fifty lashes or strokes.
The statement of Allah, the Exalted, is: (But if they commit indecency, then upon them is half the punishment for free women) ( an-Nisa: 25). If these slave women commit indecency, then upon them is half the punishment prescribed for free women.

Hadith Footnote:
The apparent meaning of the hadith is that if a slave woman is muhsanah (married), then she should be stoned.
However, by consensus, stoning (rajm) is not applied to slave women or slave men.
Because there is a clear ruling in the Noble Qur’an itself:
﴿فَإِذَا أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ﴾ (an-Nisa: 25)
And half of stoning is not possible, so what is meant is half of the lashes.
That is, fifty lashes should be given.
Some have said that the translation of the hadith is as follows: if the slave woman does not protect herself from adultery and commits adultery.
(Wahidi)

Hadith Commentary:
From this hadith, it is understood that fornication (zina) is a defect (‘ayb).
The buyer, upon being informed of this defect, can return the slave or slave-girl.
Although the hadith mentions the slave-girl, the ruling can be analogically applied to the male slave as well.
The Hanafi scholars consider this principle correct regarding the slave-girl, but do not accept it in relation to the male slave.
According to them, fornication and immorality are defects in a slave-girl but not in a male slave, because with a slave-girl, intercourse and the desire for offspring are intended, and fornication becomes an obstacle to this purpose, whereas with a male slave, the purpose is to obtain service, and fornication does not interfere with this service.
However, if fornication becomes his habitual practice, then this is a defect.
In any case, in the eyes of the intelligent, wise, and honorable person, immorality is a defect, whether it is found in a male slave or a slave-girl.
Here, a question arises: how can it be permissible to sell something with such a defect, when the hadith states that a Muslim should like for his brother what he likes for himself? The answer given is that perhaps, after going to another person, due to his company, the slave or slave-girl may refrain from immorality, because sometimes immoral women, after marrying strong and powerful men, desist from such indecency, provided the one marrying is honorable.
It is also possible that the buyer may marry her off to someone else, or himself find some way to protect her from fornication.
(Fath al-Bari: 4/486)
And Allah knows best.

Verification: Authentic, «وصرح ابن شهاب الزهري بالسماع عند الحميدي»

Source:
[واخرجه البخاري 2153، 2154، من حديث مالك به و رواه مسلم 33/1704، من حديث الزهري به]

Jurisprudential Explanation:
➊ Whether the slave woman is muhsanah (married) or not, the prescribed punishment (hadd) for adultery will be applied to her, but it should be noted that slave women are not subject to the punishment of stoning (rajm); rather, they are to be given fifty lashes. Sayyiduna Umar radi Allahu anhu had slave women flogged fifty lashes for adultery. See: [موطا امام مالك 827/2 ح16٠8 وسنده صحيح]
➋ There is consensus (ijma‘) that a slave woman guilty of adultery receives half the punishment of a free woman, i.e., she is to be given fifty lashes. See: [التمهيد 98/9]
➌ Some scholars interpret “ihsan” as referring to Islam. See: [التمهيد 102/9]
Sayyiduna Ibn Abbas radi Allahu anhuma said «فإذا أحصن۔۔۔۔۔۔۔۔ إذا تزوجن» [مصنف ابن ابي شيبه 394/4 ح17574، وسنده صحيح، عنعنة هشيم عن حصين محمولة على السماع و صرح بالسماع عند ابن جرير فى تفسيره 16/5] Therefore, here the meaning of «محصنه» as “married” is the preferred view.

Benefit:
Adultery is a disgrace and a major sin, whether committed by a free person or a slave. Furthermore, both the male and female slave share equally in this disgrace. The purpose of selling the slave further is to change his environment, perhaps by changing his surroundings he will abandon the sin, or his master may marry him to someone else. Moreover, servants should be kept far away from women and should be strictly monitored.

① A female or male slave cannot be given the punishment of stoning (rajm).
② If a female or male slave commits adultery (zina), they are to be given fifty lashes. The command of Allah, the Exalted:
﴿وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلًا أَن يَنكِحَ الْمُحْصَنَاتِ الْمُؤْمِنَاتِ فَمِن مَّا مَلَكَتْ أَيْمَانُكُم مِّن فَتَيَاتِكُمُ الْمُؤْمِنَاتِ وَاللَّهُ أَعْلَمُ بِإِيمَانِكُم بَعْضُكُم مِّن بَعْضٍ فَانكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَآتُوهُنَّ أُجُورَهُنَّ بِالْمَعْرُوفِ مُحْصَنَاتٍ غَيْرَ مُسَافِحَاتٍ وَلَا مُتَّخِذَاتِ أَخْدَانٍ فَإِذَا أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ﴾ (an-Nisa: 25)
“Whoever among you cannot afford to marry free believing women, then (let him marry) from those whom your right hands possess among your believing slave girls. ... Then when they are taken in marriage, if they commit indecency, their punishment is half that of free women.”

③ The wisdom in not giving the death penalty to a female or male slave is that in such a case, the master would suffer loss, even though he is not a partner in the crime.
④ A male or female slave is not exiled; the form of exile for them is that they are sold to another owner so that their environment changes and they may desist from this sin. [ابن ماجه مترجم : دارالسلام :600/3]

Benefit:
It is established from this hadith that if a slave woman commits adultery, she will be given half the prescribed punishment (hadd) of a free woman. If she commits adultery a third time, then she should be sold, even if it is for a small amount.
This hadith also shows that it is necessary to provide religious training to a slave woman so that she remains chaste and does not become a cause of corruption in society. However, if she does not refrain from immoral acts, then she should be sold. In this too, there is an aspect of her training, as perhaps by changing her environment, she may improve her condition and desist from sin.