Explanation of the words of Imam al-Nawawi (may Allah have mercy on him) regarding what he quoted: "
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful:
The author (may Allah have mercy on him) stated, in what he quoted from Abu Hurayrah (may Allah be pleased with him), that the Prophet (peace and blessings be upon him) said:Jami` at-Tirmidhi 1440Hasan (Darussalam)
The slave woman: the female slave who is bought and sold. If she commits unlawful sexual intercourse, the Prophet (peace and blessings be upon him) said: The punishment for a slave woman is half the punishment for a free woman, as Allah the Exalted said: [An-Nisa 4:25] A free woman, if she is a virgin and commits unlawful sexual intercourse, is flogged one hundred lashes and exiled for one year. The slave woman receives half of that, meaning fifty lashes. Is she exiled or not? There are two opinions among the scholars regarding this:
Some of them said: she is exiled for half a year.
And some of them said: she is not exiled, because the right of the master is attached to her.
Sahih al-Bukhari 2234 Meaning, if she commits it a third or fourth time, let him sell her, even for a rope of hair, meaning he should not keep her, because there is no good in her.
In this is evidence that the master inflicts the prescribed punishment on his slave, whereas anyone other than the master does not inflict the prescribed punishment.
Only the Imam, or the deputy of the Imam, is responsible for inflicting the prescribed punishment, to the extent that a father does not have the right to inflict the prescribed punishment on his son, because this is entrusted to the Imam or the deputy of the Imam. And in his statement:Jami` at-Tirmidhi 1440Hasan (Darussalam) If someone were to say: "And if he sells her, what is the benefit if she has become accustomed to unlawful sexual intercourse, may Allah protect us from that?" We say: because if her circumstances change, perhaps her state will change. Also, if he sells her, he will inform the buyer that she is a slave woman who commits unlawful sexual intercourse, and the buyer will be strict with her to prevent her from doing so.
As for his second hadith: it is that the Prophet (peace and blessings be upon him)
The author (may Allah have mercy on him) stated, in what he quoted from Abu Hurayrah (may Allah be pleased with him), that the Prophet (peace and blessings be upon him) said:
If one of your slave girl commits illegal sexual intercourse
إذا زنت أَمَة أحدكم فليجلدها الحد ولا يُثربThe slave woman: the female slave who is bought and sold. If she commits unlawful sexual intercourse, the Prophet (peace and blessings be upon him) said:
Let him flog her with the prescribed punishment
فليجلدها الحدBut once they are sheltered in marriage, if they should commit adultery, then for them is half the punishment for free [unmarried] women
فَإِذَا أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِSome of them said: she is exiled for half a year.
And some of them said: she is not exiled, because the right of the master is attached to her.
and if she commits illegal sexual intercourse the second time, she should be lashed and nobody should blame her
ثم إن زنت فليجلدها الحد ولا يُثَربThen, if she commits it
ثم إن زنتIn this is evidence that the master inflicts the prescribed punishment on his slave, whereas anyone other than the master does not inflict the prescribed punishment.
Only the Imam, or the deputy of the Imam, is responsible for inflicting the prescribed punishment, to the extent that a father does not have the right to inflict the prescribed punishment on his son, because this is entrusted to the Imam or the deputy of the Imam. And in his statement:
then sell her, even if it is for a rope made of hair.
فليبعها ولو بحبل من شَعَرAs for his second hadith: it is that the Prophet (peace and blessings be upon him)