A slave woman owned by two men, and one of them has intercourse with her

Umayr bin Numayr said that Sayyiduna Ibn Umar (may Allah be pleased with them both) was asked about a slave woman owned jointly by two men, one of whom had intercourse with her: what is the ruling? He said: "There is no prescribed punishment (hadd) on her. He is to be counted a betrayer of trust; her value becomes due from him, and he takes that slave woman."

Dawud said that it is narrated from Sa'id bin al-Musayyib concerning a slave woman owned jointly by two men, one of whom had intercourse with her; he said: "He is to be given 99 lashes."

Abdah said that Shurayh averted the punishment from him and held him liable.

Ma'mar said that it is narrated from al-Zuhri concerning a slave woman owned jointly by several partners, one of whom had intercourse with her; he said: "He is to be given 100 lashes."

Al-Awza'i said that it is narrated from Makhul concerning a slave woman owned jointly by three men, one of whom had intercourse with her. He said: "The lesser of the two prescribed punishments, 100 lashes, is to be carried out on him. He also owes two-thirds of her value, two-thirds of her dower due for intercourse under doubt, and, if there is a child, two-thirds of the child's value as well."

Hisham said that al-Hasan al-Basri said: "He is to be given a discretionary punishment (ta'zir), and the value of that slave woman is to be made due from him."

Ja'far bin Burqan said: "It reached us that a slave woman owned jointly by two men, one of whom had intercourse with her, was brought before Umar bin Abd al-Aziz. He sought the counsel of Sa'id bin al-Musayyib, Sa'id bin Jubayr and Urwah bin al-Zubayr about it. They all said: 'Our view is that he should be given fewer lashes than the fixed amount of the prescribed punishment (hadd), and that a value should be set on that slave woman, and then that man is to pay half of her value to his partner.'"

Abd al-A'la said that it is narrated from Yunus concerning a man who had intercourse with a slave woman owned jointly by him and his partner. He said: "The value of that slave woman becomes due from him."

Mughirah said that it is narrated from Ibrahim concerning a slave woman owned jointly by two men, one of whom had intercourse with her, and she became pregnant. He said: "The value becomes due from that man."

Layth said that it is narrated from Tawus concerning a slave woman owned jointly by two men, one of whom has intercourse with her. He said: "That man owes, according to the share, the dower due for intercourse under doubt."