Nasai

Commentary:
Note:
(In the chain of narration, there is much criticism regarding "Habib bin Salim," and furthermore, according to Khattabi, he did not hear (directly) from Nu'man radi Allahu anhu.)

(1) Both the aforementioned and subsequent narrations of Nu’man Bashir radi Allahu anhu are weak and inconsistent in their chain of transmission. The author of the book’s declaring these three narrations, as well as the two subsequent narrations from Salamah bin Muhabbaq, as hasan is questionable. Shaykh al-Albani rahimahullah and others have declared them weak, and their opinion appears to be more correct. For verification, see: (al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 30/346–348).

(2) For the purpose of understanding the issue, some necessary clarification of the hadith is presented: An unlawful thing does not become lawful by someone declaring it lawful. If a wife declares her slave woman lawful for her husband, that slave woman does not become lawful for the husband, because she is not his slave woman, but rather the wife’s slave woman. And intercourse with one’s own slave woman is permissible. However, since there is a doubt as to whether the wife’s slave woman is also the husband’s slave woman, if the wife declares her owned property lawful for her husband, then perhaps it may become lawful for him. Therefore, there is some reduction in the punishment, such that instead of stoning, flogging is mentioned. But it should be remembered that on the basis of this doubt, the man cannot be completely excused; the punishment may be lightened. Yes, if the wife gifts her slave woman to the husband and she becomes his slave woman, or marries her slave woman to the husband, then it is permissible.