Musannaf Ibn Abi Shaybah

Hazrat Umair bin Namir reports that Hazrat Ibn Umar (may Allah be pleased with them) was asked about a slave girl who was jointly owned by two men, and one of them had intercourse with her. What is the ruling regarding this? He replied: The prescribed punishment (hadd) will not be carried out on him; he will be considered deceitful, the value (of the slave girl) will become obligatory upon him, and he will take possession of the slave girl.

Hazrat Dawood narrates that it is reported from Hazrat Saeed bin Musayyib regarding a slave girl who is jointly owned by two men, and one of them had intercourse with her. He said: He will be given ninety-nine lashes.

Hazrat Abda states that Hazrat Shurayh removed the punishment from him and made him liable.

Hazrat Muammar narrates that it is reported from Hazrat Zuhri regarding the slave woman who was jointly owned among several partners, then one of them had intercourse with her. He (Zuhri) said: He will be given one hundred lashes.

Hazrat Awza'i states that it is narrated from Hazrat Mak'hool regarding a slave girl who was shared among three men, and one of them had intercourse with her. He said: At least two punishments will be applied to him, and two-thirds of her price will be obligatory upon that person, and due to intercourse in doubt, two-thirds of her dowry will also be obligatory, and if a child is born, then its price will also be included.

Hazrat Hisham states that Hasan Basri said: He will be punished as a disciplinary measure and the price of that slave-girl will be made obligatory upon him.

Hazrat Ja'far bin Burqan narrates that it has reached us that a slave girl was brought to Hazrat Umar bin Abdul Aziz who was jointly owned by two men. Then one of them had intercourse with her, so he sought counsel regarding this matter from Hazrat Sa'id bin Musayyib, Hazrat Sa'id bin Jubair, Hazrat 'Urwah bin Zubair, and others. All of them said: Our opinion is that she should be given lashes less than the prescribed limit for the hadd, and they fixed a price for the slave girl such that the man would pay his partner half of her value.

Hazrat Abd al-Ala (may Allah be pleased with him) narrates that it is reported from Yunus regarding a man who had intercourse with a slave woman who was jointly owned between him and his partner. He said: The price of that slave woman will be obligatory upon him.

Hazrat Mughira narrates that it is reported from Ibrahim regarding a slave girl who was jointly owned by two men. One of them had intercourse with her, and so she became pregnant. He (Ibrahim) said: The value (of the slave girl) will be obligatory upon that person.

Hazrat Laith narrates that it is reported from Hazrat Tawus regarding the slave woman who was shared between two men, so one of them had intercourse with her. He said: That person will be liable to pay the mahr of intercourse by mistake according to his share.