Musannaf Ibn Abi Shaybah 17152 — A man who marries a man's daughter

Abu al-Wadi' said: Once a man married the daughter of a man from Syria, his daughter by a free wife (muhayrah), and he married her to him. But on the wedding night another daughter of his, the daughter of a slave-girl, was presented to him. After the man had intercourse with her that night, he asked her: "Whose daughter are you?" She said: "I am the daughter of so-and-so," meaning the slave-girl. The man said: "Your father married me only to the daughter of the free wife." So they took their case to Sayyiduna Mu'awiyah bin Abi Sufyan (may Allah be pleased with him). Sayyiduna Mu'awiyah (may Allah be pleased with him) said: "A woman for a woman, so there is no dispute." Sayyiduna Mu'awiyah (may Allah be pleased with him) consulted the scholars of Syria who were with him about it, and they also gave the same fatwa. Then the man said: "I want to take this case to Sayyiduna Ali (may Allah be pleased with him)." Sayyiduna Mu'awiyah (may Allah be pleased with him) permitted him. When the case was presented to Sayyiduna Ali (may Allah be pleased with him), he picked up some trifling thing from the ground and said: "Judging this is easier for me than even this thing. This woman will receive the dowry that you paid her for making her private parts lawful for you, and her father must give the other daughter the wealth that you paid to this one, and you are not to go near her until this other girl has completed her waiting period ('iddah)." The narrator said: I think Sayyiduna Ali (may Allah be pleased with him) had the girl's father flogged, or intended to have him flogged.