Musannaf Ibn Abi Shaybah

Hazrat Husain narrates that Hazrat Bakr said: A woman married her slave, so she was asked about this matter. She replied: Has Allah, the Lord of Might, not said: "And those whom your right hands possess," so my right hand possesses him. And another woman married without witnesses and without the permission of a guardian, so she was asked about this matter. She replied: I am a previously married woman and I have authority over my own affair. So the matter of both of them was presented before Hazrat Umar. He gathered the people and asked them about both of these cases. The people said: Indeed, both of them have disputed with the Book of Allah, the Glorious and Majestic. And Hazrat Ali (may Allah be pleased with him) also said: Indeed, both of them have disputed with the Book of Allah, the Glorious and Majestic. So he ordered that each of them be given one hundred lashes, then he wrote to the governors of the cities: Any woman who marries her slave or marries without the permission of a guardian will be considered in the rank of an adulteress.

Hazrat Hakam states that Hazrat Umar wrote a letter regarding a woman who had married her slave: that separation should be made between the two and the prescribed punishment should be carried out upon the woman.

Hazrat Ismail bin Muslim narrates that I asked Hazrat Ata, Hazrat Abdullah bin Ubaid bin Umair, and Hazrat Mujahid regarding a woman who had a slave, and that woman intended to free him on the condition that he marries her. What is the ruling on this? Hazrat Ata and Hazrat Abdullah bin Ubaid said: The woman should free him and not impose any condition. And Hazrat Mujahid said: In this there will be the punishment of Allah and the ruler: he will be separated from her and the prescribed punishment (hadd) will be established upon the woman.

Hazrat Abu Nofal bin Abi Aqrab narrates that a woman came to Hazrat Umar bin Khattab and said, "O Commander of the Faithful! Indeed, I am an ordinary woman as you can see, while other women are more beautiful than me, and I have a slave. Verily, I am pleased with his religion and his honesty, and I wish to marry him." Upon this, you called the slave and gave both of them a severe beating, and you ordered regarding the slave, so he was sold to a distant foreign land.