Muwatta Imam Malik (Riwayat Yahya)

Imam Malik, may Allah have mercy on him, said that whoever has intercourse with a slave woman who is jointly owned, there is no hadd (legal punishment) upon him. Now, any boy that is born will be attributed to him, and the value of the slave woman will be assessed, and the remaining partners will be paid their share of the value accordingly, and the slave woman will become entirely his. In our view, this is the ruling.

Imam Malik, may Allah have mercy on him, said that if a person makes his slave-girl permissible for someone else (i.e., gives him permission to have intercourse with her, even though this is not correct), and that person has intercourse with her, then he must pay the price of the slave-girl, whether she becomes pregnant or not, but the hadd (punishment) will not be applied. If she becomes pregnant, the lineage of the child will be attributed to him.

Imam Malik, may Allah have mercy on him, said that if a person has intercourse with the slave girl of his daughter or son, the hadd punishment will not be applied, but he will have to pay the price of the slave girl, whether she is pregnant or not.

It is narrated from Rabi'ah bin Abi Abdur Rahman that a man took his wife's slave-girl with him on a journey, and there he had intercourse with her. Out of jealousy, the woman told Sayyiduna Umar (may Allah be pleased with him). Sayyiduna Umar (may Allah be pleased with him) asked the man, and he replied that the woman had gifted the slave-girl to him. Sayyiduna Umar (may Allah be pleased with him) said: Either you bring witnesses to the gift, or I will stone you. At that moment, the woman said that yes, I had gifted her.