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English translation
1452. (Another chain) from An-Nu'mān bin Bashīr with similar. [And it has been reported that Qatādah said: "Ḥabīb bin Sālim wrote to me about him." And, Abū Bash-shār (one of the narrators) did not hear this from Ḥabīb bin Sālim as well, he only reported it from Khālid bin Urfutāh.] (Hasan)
[He said:] There is something similar on this topic from Salamah bin Al-Muḥabbāq.
[Abū 'Eisā said:] The chain for the Hadīth of An-Nu'mān contains some confusion (Idṭirāb). He said: I heard Muḥammad bin Ismā'il saying: "Qatādah also did not hear this Hadīth from Ḥabīb bin Sālim, he only reported it from Khālid bin Urfutāh."
[Abū 'Eisā said:] The people of
knowledge differ over the case of a man who has relations with his wife's slave girl. It has been reported from more than one of the Companions of the Prophet ﷺ – among them 'Alī and Ibn 'Umar – that he is to be stoned. Ibn Mas'ūd said: "The legal punishment is not required for him, but he may be punished." Aḥmad and Iṣhāq followed what was reported from An-Nu'mān bin Bashīr from the Prophet ﷺ.
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Commentary
When a woman gave her slave woman to her husband, and he, due to his ignorance, thought her lawful for himself, while according to the Sharī'ah she is not lawful for him, the Hadd punishment will not be implemented on him, but as a warning and teaching lesson to others he will be whipped.
