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سنن سعید بن منصور
Sunan Sa'id
كتاب الطلاقBook of Divorce
بَابُ الْمَرْأَةِ تَلِدُ لِسِتَّةِ أَشْهُرٍChapter on a woman who gives birth at six months
Hadith 3261
اُردوEn
أَخْبَرَنَا سَعِيدٌ، نا هُشَيْمٌ، أنا حَجَّاجٌ، عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، «أَنَّهُ كَانَ لَا يَرَى بَأْسًا أَنْ يَتَسَرَّى الْعَبْدُ إِذَا أَذِنَ لَهُ مَوْلَاهُ»
Sayyiduna Ibn Umar (may Allah be pleased with them both) did not see any harm in a slave establishing relations with a slave woman with the permission of his master.
Brief Explanation
Hajjaj ibn Arta’ah: Truthful, but a mudallis (one who practices tadlis), and makes many mistakes.
Issue: Can a slave practice tasarri (have relations with a slave woman)?
Foundational Principle:
Tasarri (i.e., having relations with a slave woman) is permissible for the owner. Since a slave himself is not an owner, therefore: the slave woman is not a “lawful object of intercourse” for him, unless the owner grants permission.
The statement of Sayyiduna Ibn ‘Umar radi Allahu anhuma is an ijtihadi fatwa that: “If the master grants permission, then the slave may also practice tasarri.”
Among the jurists of the Hanafis and Malikis, this issue is disputed:
Fiqhi School ◄ Position
Hanafis: The slave cannot practice tasarri, because he is not the owner.
Some Malikis and Ahl al-Zahir consider it permissible with permission, as is the statement of Ibn ‘Umar.
✅ Conclusion:
This athar is weak in its chain (due to Hajjaj ibn Arta’ah),
but in terms of content, it expresses a valid juristic opinion,
which is the fatwa of a jurist Companion like Ibn ‘Umar radi Allahu anhuma.
Issue: Can a slave practice tasarri (have relations with a slave woman)?
Foundational Principle:
Tasarri (i.e., having relations with a slave woman) is permissible for the owner. Since a slave himself is not an owner, therefore: the slave woman is not a “lawful object of intercourse” for him, unless the owner grants permission.
The statement of Sayyiduna Ibn ‘Umar radi Allahu anhuma is an ijtihadi fatwa that: “If the master grants permission, then the slave may also practice tasarri.”
Among the jurists of the Hanafis and Malikis, this issue is disputed:
Fiqhi School ◄ Position
Hanafis: The slave cannot practice tasarri, because he is not the owner.
Some Malikis and Ahl al-Zahir consider it permissible with permission, as is the statement of Ibn ‘Umar.
✅ Conclusion:
This athar is weak in its chain (due to Hajjaj ibn Arta’ah),
but in terms of content, it expresses a valid juristic opinion,
which is the fatwa of a jurist Companion like Ibn ‘Umar radi Allahu anhuma.
