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Text and translation
English translation
1440. Abū Hurairah narrated that the Messenger of Allāh ﷺ said: "If one of your slave girls commits illegal sexual intercourse, then whip her three times according to the Book of Allāh, and if she does it again then sell her, even if it is for a rope made of hair." (Hasan)
[He said:] There are narrations on this topic from ‘Ali, Abū Hurairah, Zaid bin Khālid, and Shibli – from ‘Abdullāh bin Mālik Al-Awsī.
The Hadīth of Abū Hurairah is a Hasan Sahīh Hadīth. It has been reported from him through other
routes, and this is acted upon according to some of the people of knowledge among the Companions of the Prophet ﷺ and others. They held the view that a man could implement the legal punishments upon his slaves without resorting to the Sultān. This is the view of Ahmad and Ishāq. Some of them said that he has to bring them to the Sultān, and he may not implement the legal punishments himself. But the first view is more correct.
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Commentary
According to the opinion of most of the people of knowledge, the owner of a slave is allowed to impose the Hadd punishment on his slave. In the view of Imām Mālik and some of the followers of Imām Shāfi‘ī the owner of the slave is not allowed to impose the Hadd punishment of theft. According to Imām Ath-Thawrī and Al-Awzā‘ī, only the Hadd punishment of fornication can be imposed on the slave by his owner. The Ahnāf’s point of view is that only the court has the right to impose the punishment of Hadd. Some others say that if the crime is clearly established and proven, and the owner himself is a man of honor and prestige, he can impose the Hadd punishment, otherwise, the matter must be referred to the court of justice.
