The hudud punishment for a married slave and an unmarried slave
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, regarding a slave, whether he is married or unmarried, is his hudud punishment only flogging, without stoning?
Answer:
What can be halved is the flogging, because the full stoning is not required of her; she is required to receive half of what is required of a free person. Stoning cannot be halved; only the flogging can be halved. And Allah (Exalted and Majestic is He) said:[An-Nisa 4:25] The punishment mentioned in the Qur'an is the one referred to by the definite article "al," which is His saying, the Exalted: "And the woman who commits zina" [An-Nur 24:2].
He says: Honorable Shaykh, may Allah grant you success, regarding a slave, whether he is married or unmarried, is his hudud punishment only flogging, without stoning?
Answer:
What can be halved is the flogging, because the full stoning is not required of her; she is required to receive half of what is required of a free person. Stoning cannot be halved; only the flogging can be halved. And Allah (Exalted and Majestic is He) said:
for them is half the punishment for free [unmarried] women
فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِor [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes
وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِّنْهُمَا مِائَةَ جَلْدَةٍ
Source
شرح أخصر المختصرات في الفقه، كتاب الحدود — islamhouse.com (56:58)
The Arabic text is a machine transcription of the audio recording.