Musannaf Ibn Abi Shaybah

Hazrat Ismail bin Salim narrates that it is reported from Hazrat Hakam regarding a man who had intercourse with a slave woman from the spoils of war. He said: The prescribed punishment (hadd) will not be carried out on him, as long as he also has a share in her.

Hazrat Qatadah says that Hazrat Saeed bin Musayyib said: The hadd punishment will not be carried out on him as long as he also has a share in that war booty.

Hazrat Bukair bin Dawood narrates that Hazrat Ali (may Allah be pleased with him) enforced the prescribed punishment on a person who had intercourse with a slave woman from the spoils of war's one-fifth share.

Hazrat Hisham states that Hasan Basri said: When there is a share of someone in the spoils of war, then he will be punished as a disciplinary measure and the value will be obligatory upon him, and the same ruling applies to a slave girl who is jointly owned by him and another person.