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سنن سعید بن منصور
Sunan Sa'id
كتاب الطلاقBook of Divorce
بَابُ مَنْ قَالَ: إِنَّ الْأَمَةَ تَبْرُزُ وَتُصَلِّي بِغَيْرِ قِنَاعٍChapter on those who said: A slave woman may appear and pray without a head covering
Hadith 3271
اُردوEn
أَخْبَرَنَا سَعِيدٌ، نا هُشَيْمٌ عَنْ حَجَّاجٍ عَنْ عِكْرِمَةَ بْنِ خَالِدٍ الْمَخْزُومِيِّ قَالَ: قَالَ عُمَرُ بْنُ الْخَطَّابِ «إِنَّ الْأَمَةَ أَلْقَتْ فَرْوَةَ رَأْسِهَا وَرَاءَ الْجِدَارِ»
Sayyiduna Umar (may Allah be pleased with him) said: "The slave girl threw her sheet over the wall."
Brief Explanation
Explanation: Sayyiduna Umar radi Allahu anhu said:
"Indeed, the slave-girl has thrown her scalp (i.e., modesty, honor, or veil) behind the wall."
? Purpose of the expression:
→ She has cast herself into obscenity and immodesty.
→ She has not maintained chastity and honor.
? Legal and juristic points:
This is a general and admonitory statement, not a formal fatwa or judicial ruling.
→ Sayyiduna Umar radi Allahu anhu is speaking in a cautionary manner, indicating that some slave-girls become immoral.
Juristic background:
The prescribed punishment (hadd) for a slave-girl is half (as mentioned in the Qur'an), but if her condition is one of persistent wickedness and immorality, then the discretionary punishment (ta'zir) can be severe.
This narration is a repeated, synonymous statement of Hadith 2093. This narration is weak in its chain (due to Hajjaj ibn Arta'ah), but in meaning it is well-known and serves as corroborative evidence for the previous authentic narration (2093). In it, the admonition, warning, and social commentary from the tongue of Sayyiduna Umar radi Allahu anhu are apparent.
"Indeed, the slave-girl has thrown her scalp (i.e., modesty, honor, or veil) behind the wall."
? Purpose of the expression:
→ She has cast herself into obscenity and immodesty.
→ She has not maintained chastity and honor.
? Legal and juristic points:
This is a general and admonitory statement, not a formal fatwa or judicial ruling.
→ Sayyiduna Umar radi Allahu anhu is speaking in a cautionary manner, indicating that some slave-girls become immoral.
Juristic background:
The prescribed punishment (hadd) for a slave-girl is half (as mentioned in the Qur'an), but if her condition is one of persistent wickedness and immorality, then the discretionary punishment (ta'zir) can be severe.
This narration is a repeated, synonymous statement of Hadith 2093. This narration is weak in its chain (due to Hajjaj ibn Arta'ah), but in meaning it is well-known and serves as corroborative evidence for the previous authentic narration (2093). In it, the admonition, warning, and social commentary from the tongue of Sayyiduna Umar radi Allahu anhu are apparent.
