Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-09a
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The reciter: Abdullah ibn Yusuf narrated to us, al-Layth narrated to us from Sa'id al-Maqburi from his father from Abu Hurayrah that he heard him say: The Prophet (peace and blessings be upon him) said: Sahih al-Bukhari 2152
Isma'il ibn Umayyah followed him from Sa'id from Abu Hurayrah from the Prophet (peace and blessings be upon him).
The Shaykh : This is like the first one, except that it contains an addition, which is "do not rebuke her," meaning do not shame her for her unlawful sexual intercourse or reprimand her for it, but suffice with the flogging. Al-Bukhari (may Allah have mercy on him) derived from this hadith that she is not to be exiled, because the Prophet (peace and blessings be upon him) did not mention exile. This is known in the case where she has not been previously married, in which case she is flogged, and this is understood in light of the hadith before it, meaning that she committed unlawful sexual intercourse and had not been previously married, so she is flogged without rebuke and without exile either.
If a slave-girl commits illegal sexual intercourse and it is proved beyond doubt, then her owner should lash her and should not blame her after the legal punishment. And then if she repeats the illegal sexual intercourse he should lash her again and should not blame her after the legal punishment, and if she commits it a third time, then he should sell her even for a hair rope.
إذا زنت الأمة فتبين زناها، فليجلدها ولا يثرب، ثم إن زنت فليجلدها ولا يثرب، ثم إن زنت الثالثة فليبعها ولو بحبل من شعرIsma'il ibn Umayyah followed him from Sa'id from Abu Hurayrah from the Prophet (peace and blessings be upon him).
The Shaykh : This is like the first one, except that it contains an addition, which is "do not rebuke her," meaning do not shame her for her unlawful sexual intercourse or reprimand her for it, but suffice with the flogging. Al-Bukhari (may Allah have mercy on him) derived from this hadith that she is not to be exiled, because the Prophet (peace and blessings be upon him) did not mention exile. This is known in the case where she has not been previously married, in which case she is flogged, and this is understood in light of the hadith before it, meaning that she committed unlawful sexual intercourse and had not been previously married, so she is flogged without rebuke and without exile either.