A man who has intercourse with his wife's slave woman

Habib bin Salim said that a man had intercourse with his wife's slave woman. His wife came to Sayyiduna al-Nu'man bin Bashir (may Allah be pleased with him) and informed him of it. He said: "I have a complete report on this, which I narrate from the Messenger of Allah (peace and blessings be upon him), and it is this: if you gave him permission, I will give him 100 lashes, and if you did not give him permission, I will stone him."

Ikrimah said that a woman came to Sayyiduna Ali (may Allah be pleased with him) and said: "My husband has had intercourse with my slave woman." He said: "If you are truthful, I will stone him, and if you are lying, I will flog you." The people fell into confusion about this and began to jostle one another, and the woman went away.

Mubarak bin Imarah said that a woman came to Sayyiduna Ali (may Allah be pleased with him) and said: "Alas! My husband has had intercourse with my slave woman." He said: "If you are truthful, I will stone him, and if you are lying, I will flog you."

Makhul said that Sayyiduna Umar (may Allah be pleased with him) said: "Let no man be brought to me who has had intercourse with his wife's slave woman, or else I will deal with him in such and such a way."

Hisham said that al-Hasan al-Basri and Muhammad bin Sirin were asked about a man who has intercourse with his wife's slave woman, and both of them recited this verse: "And those who guard their private parts, except from their wives or their slave women, for in this they are not to be blamed." [Al-Mu'minun: 5-6]

Bashir bin Salman said: "I heard Ibrahim say: 'He is to receive a punishment below the prescribed punishment (hadd); there is no prescribed punishment.'"

Ma'bad and Ubayd, the two sons of Humran, said that Sayyiduna Ibn Mas'ud (may Allah be pleased with him) gave him a punishment below the prescribed punishment (hadd).

Al-A'mash said that Alqamah said: "It makes no difference to me whether I have intercourse with my wife's slave woman or with the slave woman of Awsajah (a man of his tribe)."

Abu Ishaq said that it is narrated from Abu Maysarah concerning a man who had intercourse with his wife's slave woman. He said: "It makes no difference to me whether I have intercourse with her or with a slave woman walking along the road."

Hisham said that al-Hasan al-Basri said: "The prescribed punishment (hadd) is to be carried out on him."

Sayyiduna Ibn Umar (may Allah be pleased with them both) said that Sayyiduna Umar (may Allah be pleased with him) said: "If a man who has had intercourse with his wife's slave woman is brought to me, I will surely stone him."

Nafi' said that a slave woman came to Sayyiduna Umar (may Allah be pleased with him) and said: "O Commander of the Faithful! Al-Mughirah has intercourse with me, and his wife calls me an adulteress. If I belong to his wife, then stop him from having intercourse with me, and if I belong to al-Mughirah, then restrain his wife from slandering me." So he sent a messenger to summon Sayyiduna al-Mughirah (may Allah be pleased with him) and asked: "Do you have intercourse with this slave woman?" He said: "Yes." He asked: "Where did you get her from?" He said: "My wife gifted her to me." He said: "By Allah, if she did not gift her to you, you will not return to your family except stoned." Then he called two slave men and said: "Go, both of you, to the wife of al-Mughirah and inform her of this: if you did not gift this slave woman to him, we will surely stone him." So those two men came to the wife of al-Mughirah and informed her. She said: "Alas! Does he intend to stone my husband? No, by Allah! In that case, I did gift that slave woman to him." So he let him go.

Ibrahim said that a man came to Sayyiduna Ibn Mas'ud (may Allah be pleased with him) and said: "I have had intercourse with my wife's slave woman." He said: "Allah has concealed you, so conceal yourself." This reached Sayyiduna Ali (may Allah be pleased with him), and he said: "If the man who came to Ibn Umm Abd had come to me, I would surely have crushed his head with stones."