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Text and translation
English translation
1441. Abū ‘Abdur-Raḥmān As-Sulami narrated: “Alī gave a Khutbah and said: ‘O people, establish the penalites upon your slaves, those married from them and those unmarried. A slave girl of the Prophet ﷺ comitted illegal sexual intercourse so he ordered me to whip her. I went to her and she was just experiencing her post-natal bleeding, so I feared that if I were to whip her I would kill her’ –
or he said: 'she would die' – 'so I went to the Messenger of Allāh ﷺ and I told that to him. So he said: 'You did well.'" (Ṣaḥīḥ)
[Abū 'Eisā said:] This Ḥadīth is [Ḥasan] Ṣaḥīḥ. [As-Suddī's (a narrator in this chain) name is Ismā'īl bin 'Abdur-Raḥmān, and he was one of the Tābi'īn. He heard from Anas bin Mālik, and saw Ḥusain bin 'Alī bin Abī Tālib, may Allāh be pleased with him].
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Commentary
This narration indicates that a slave woman who gives birth to a child, Hadd punishment should not be applied on her immediately. She should be given enough time to suckle the baby. The same orders are for the punishment of a sick person. (Ṣaḥīḥ Muslim v. 2. P.71.)
