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سنن دارمي
Darimi
من كتاب الاحدودFrom the Book of Hudud (Legal Punishments)
باب في الْمَمَالِيكِ إِذَا زَنَوْا يُقِيمُ عَلَيْهِمْ سَادَتُهُمُ الْحَدَّ دُونَ السُّلْطَانِ:Chapter: Slave Adulterers Punished by Their Masters
Hadith 2363
اُردوEn
حَدَّثَنَا خَالِدُ بْنُ مَخْلَدٍ، حَدَّثَنَا مَالِكٌ، عَنْ ابْنِ شِهَابٍ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ بْنِ عُتْبَةَ، عَنْ زَيْدِ بْنِ خَالِدٍ الْجُهَنِيِّ وَأَبِي هُرَيْرَةَ: أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ سُئِلَ عَنِ الْأَمَةِ تَزْنِي وَلَمْ تُحْصَنْ، فَقَالَ: "إِنْ زَنَتْ، فَاجْلِدُوهَا، ثُمَّ إِنْ زَنَتْ فَاجْلِدُوهَا". قَالَ: فَمَا أَدْرِي فِي الثَّالِثَةِ أَوْ فِي الرَّابِعَةِ"فَبِيعُوهَا وَلَوْ بِضَفِيرٍ".
It is narrated from Sayyiduna Zayd bin Khalid al-Juhani and Sayyiduna Abu Hurairah (may Allah be pleased with them) that the Messenger of Allah (peace and blessings be upon him) was asked about an unmarried slave woman who commits adultery. He (peace be upon him) said: "If she commits adultery, flog her; then if she commits adultery again, flog her; then if she commits adultery again, flog her." The narrator said: I do not remember whether the Prophet (peace be upon him) said this about the third or the fourth time: "If she commits adultery again, then sell her, even if it is for a rope (i.e., sell her even for a very small price)."
Brief Explanation
(Commentary on Hadith 2362)
From this hadith, it is understood that a master can carry out the prescribed punishment (hadd) upon his slave woman or slave man. This is the position of the Ahl al-Hadith. And compared to a free person, half the prescribed punishment will be carried out upon them, that is, fifty lashes, as is stated in the verse of Allah: «﴿فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ .....﴾ [النساء : 25]». And if the slave woman is married, there is a difference of opinion among the scholars regarding who should carry out the prescribed punishment upon her—whether it is the government or the master himself. The majority say that even in this case, the master will carry out the punishment.
Imam Malik rahimahullah has negated this, because due to her being married, she is the slave woman of the master but also the wife of someone else. However, if the husband is also a slave, then the master can carry out the punishment.
The apparent meaning of the hadith suggests that if the slave woman is muhsanah (i.e., married and protected), then she should be stoned to death, whereas by consensus, stoning (rajm) is not applied to a slave woman, as is mentioned in the above verse (that for them, the punishment is half of that for chaste women, and half of stoning is not possible, so what is meant is half the lashes, i.e., fifty lashes should be given).
(Wahidi)
From this hadith, it is understood that a master can carry out the prescribed punishment (hadd) upon his slave woman or slave man. This is the position of the Ahl al-Hadith. And compared to a free person, half the prescribed punishment will be carried out upon them, that is, fifty lashes, as is stated in the verse of Allah: «﴿فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ .....﴾ [النساء : 25]». And if the slave woman is married, there is a difference of opinion among the scholars regarding who should carry out the prescribed punishment upon her—whether it is the government or the master himself. The majority say that even in this case, the master will carry out the punishment.
Imam Malik rahimahullah has negated this, because due to her being married, she is the slave woman of the master but also the wife of someone else. However, if the husband is also a slave, then the master can carry out the punishment.
The apparent meaning of the hadith suggests that if the slave woman is muhsanah (i.e., married and protected), then she should be stoned to death, whereas by consensus, stoning (rajm) is not applied to a slave woman, as is mentioned in the above verse (that for them, the punishment is half of that for chaste women, and half of stoning is not possible, so what is meant is half the lashes, i.e., fifty lashes should be given).
(Wahidi)
