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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Explanation of the hadith of Abu Hurayrah (may Allah be pleased with him), who said: I heard the Messenger of Allah (peace and blessings be upon him) say

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The reciter: Praise be to Allah, Lord of the worlds, and may peace and blessings be upon our Prophet Muhammad, and upon his family and all his Companions.
The author (may Allah have mercy on him) transmitted, in the context of the hadiths in "the chapter on the prohibition of insulting a Muslim without right," from Abu Hurayrah (may Allah be pleased with him), who said: I heard the Messenger of Allah (peace and blessings be upon him) say:
He who accused his slave of adultery, punishment would be imposed upon him on the Day of Resurrection, except in case the accusation was as he had said. من قذف مملوكه بالزنا يقام عليه الحد يوم القيامة إلا أن يكون كما قال متفق عليه
Sahih Muslim 1660a
"


The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
The author al-Nawawi (may Allah have mercy on him) said in his book *Riyad al-Salihin*, in the chapter on the prohibition of insulting a Muslim without right, that he cited hadiths, and before the last hadith he cited a verse. The last hadith is from Abu Hurayrah (may Allah be pleased with him), that the Prophet (peace and blessings be upon him and his family) said
He who accused his slave of adultery, punishment would be imposed upon him on the Day of Resurrection, except in case the accusation was as he had said. من قذف مملوكه بالزنا أقيم عليه الحد يوم القيامة إلا أن يكون كما قال
Sahih Muslim 1660a
The slave is the one whom a person owns. The slave is like a commodity; he is sold, bought, gifted, pledged, and endowed. However, the rulings of Allah (Mighty and Majestic) are the same for him and the free man in matters other than financial ones. The master owns the slave in his person, meaning his neck, and in his benefits. So if he falsely accuses his slave by saying to the slave, "O fornicator," or "O sodomite," or similar words of accusation, he will not be punished with the hadd in this world because he is the master and the slave is owned. But the hadd will be carried out against him in the abode whose punishment is more severe, and may Allah protect us from it, which is the Hereafter. The hadd will be carried out against him on the Day of Resurrection.
And on this basis, falsely accusing a slave is among the major sins, because a punishment in the Hereafter is prescribed for it, which is delayed. And anything for which a punishment in the Hereafter is prescribed is among the major sins, as the scholars (may Allah have mercy on them) said regarding the definition of a major sin.
As for if the slave actually committed zina and his master falsely accused him of it, there is no hadd on him, due to the saying of the Prophet (peace and blessings be upon him)
Unless it is so, meaning unless he spoke the truth. إلا أن يكون كذلك يعني كما قال
But when is it considered that he spoke the truth? It is when four men, who are just, testify that he committed zina, and they explicitly mention the reality of the intercourse, or he confesses to it himself. Then the hadd is lifted from the master.
And know that if a slave commits zina, he is subject to half the hadd of the free man, as Allah (Blessed and Exalted is He) said
But once they are sheltered in marriage, if they should commit adultery فإذا أحصن فإن أتين بفاحشة
[An-Nisa 4:25]
meaning the female slaves
for them is half the punishment for free [unmarried] women فعليهن نصف ما على المحصنات من العذاب
[An-Nisa 4:25]
And what is prescribed as punishment for the married women is flogging, so it will be fifty lashes only for the slave if he commits zina. The scholars said that the banishment is dropped for him, because if a free man who is married commits zina, he is flogged one hundred lashes and banished from the town for a full year. As for the slave, he is flogged fifty lashes and not banished, because banishment is harm to his master, so this falls under the category of burdening a person with what he cannot bear. The master has the right to carry out the hadd on his slave if he commits zina, due to the saying of the Prophet (peace and blessings be upon him and his family)
If one of your slave girl commits illegal sexual intercourse, then whip her إذا زنت أمة أحدكم فليجلدها
Jami` at-Tirmidhi 1440Hasan (Darussalam)
So the master was commanded to flog him. As for the free man, he does not carry out the flogging himself except the Imam or his deputy. Even if it were your son who committed zina and he is an adult of sound mind, you do not carry out the hadd on him; rather, only the Imam or his deputy carries out the hadd on him. Likewise, if your brother, who is a minor, commits zina after reaching puberty and being of sound mind, only the Imam or his deputy carries it out. As for the master, he carries it out on his slave specifically in the case of flogging. And as for if the slave steals, theft involves cutting off the hand, and only the Imam or his deputy carries out the cutting of the hand. For this reason, the scholars said that the master does not carry out the hadd on his slave except if the hadd is flogging. And Allah knows best.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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