A man who has intercourse with a slave woman from the fay

Isma'il bin Salim said that it is narrated from al-Hakam concerning 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, since he also has a share in her."

Qatadah said that Sa'id bin al-Musayyib said: "The prescribed punishment (hadd) will not be carried out on him when he also has a share in those spoils of war."

Bukayr bin Dawud said that Sayyiduna Ali (may Allah be pleased with him) carried out the prescribed punishment (hadd) on a man who had intercourse with a slave woman from the one-fifth share (khums).

Hisham said that al-Hasan al-Basri said: "When he has some share in the spoils of war, he is to be given a discretionary punishment (ta'zir) and the value becomes due from him. The same ruling applies to a slave woman owned jointly by him and another man."