صحيح البخاري
Bukhari
كتاب المحاربينThe Book of Al-Maharbeen
بَابُ إِذَا زَنَتِ الأَمَةُ:(35b) Chapter. If a lady-slave commits illegal sexual intercourse (then what is her legal punishement?)
Hadith 6837
اُردوEn
n
(Note: There is no hadith in this chapter.)
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ يُوسُفَ ، أَخْبَرَنَا مَالِكٌ ، عَنْ ابْنِ شِهَابٍ ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ بْنِ عُتْبَةَ ، عَنْ أَبِي هُرَيْرَةَ ، وَزَيْدِ بْنِ خَالِدٍ رضي الله عنهما ، أن رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " سُئِلَ عَنْ الْأَمَةِ إِذَا زَنَتْ وَلَمْ تُحْصَنْ ؟ قَالَ : إِذَا زَنَتْ فَاجْلِدُوهَا ، ثُمَّ إِنْ زَنَتْ فَاجْلِدُوهَا ، ثُمَّ إِنْ زَنَتْ فَاجْلِدُوهَا ، ثُمَّ بِيعُوهَا وَلَوْ بِضَفِيرٍ " . قَالَ ابْنُ شِهَابٍ : لَا أَدْرِي بَعْدَ الثَّالِثَةِ أَوِ الرَّابِعَةِ .
Narrated Abu Huraira and Zaid bin Khalid: The verdict of Allah's Apostle was sought about an unmarried slave girl guilty of illegal intercourse. He replied, "If she commits illegal sexual intercourse, then flog her (fifty stripes), and if she commits illegal sexual intercourse (after that for the second time), then flog her (fifty stripes), and if she commits illegal sexual intercourse (for the third time), then flog her (fifty stripes) and sell her for even a hair rape." Ibn Shihab said, "I am not sure whether the Prophet ordered that she be sold after the third or fourth time of committing illegal intercourse."
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
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 meant to encourage people to avoid such a slave-girl—to 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. The Messenger of Allah sallallahu alayhi wa sallam had a slave-girl who 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)
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 meant to encourage people to avoid such a slave-girl—to 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. The Messenger of Allah sallallahu alayhi wa sallam had a slave-girl who 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)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6837
