Explanation of the Book of Marriage-14

The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful:
The author (may Allah have mercy on him) said: "From Abu Sa'id al-Khudri (may Allah be pleased with him):

A man said, "O Allah's Messenger, I have a slave-girl

أن رجلا قال : يا رسول الله ! إن لي جارية

Bulugh al-Maram 8:70

" to the end of it.
First: he said: : so he left it ambiguous, and ambiguity does not harm in such a case, because we have previously stated that the person involved in the case is not what concerns us; what concerns us is the case itself. Is there anyone ambiguous in the case itself who needs to be specified? As for the person involved in the case, it does not matter, meaning whether his name was Zayd or Muhammad or Ali or Bakr, it is none of our concern. For this reason, some of the scholarly commentators take care and strive to identify the ambiguous person in this, but I see no need for that.
And his saying: : the apparent meaning of the female slave here is the owned slave, and it is not intended that the female slave is young in age.

He said: : he dislikes her becoming pregnant. Why?
Because if she becomes pregnant and gives birth, she becomes the mother of a child, and the mother of a child is not sold, or she is sold if she loses her child.
And if her master dies, she becomes free, so it is disliked that she become pregnant.
Also, if he wanted to sell her after she became pregnant and gave birth, her value would become cheap, and if she did not become pregnant and give birth, she would become more expensive. So the important point, if we are asked: what is the reason for its dislike?
We say: the one who informed us of the reasons:
First: that he fears she will become pregnant and give birth, and she will be bound to her child, because it is not permissible to separate the mother from her child.
Second: that if she becomes pregnant and gives birth, she is freed after his death, so she is lost to the heirs.
Third: that if she becomes pregnant and gives birth, her value decreases in case he wants to sell her. So for these reasons and others that we do not know, it is disliked that she become pregnant.
: he used an euphemism for intercourse because men desire that, so he used this expression as an euphemism for it.
: the Jews are People of the Book, and they are those who claim that they follow Moses. They were named Jews either because the name of their ancestor to whom they trace their lineage is Yehuda, or because it is from their saying: meaning: we have returned to you, and that was when they repented from worshipping the calf.
And the apparent view is that it is a reference to their father Yehuda, but in the definition it shifted to this.
: is this a present tense verb or a past tense verb?
The student: Present tense.

The Shaykh : Present tense, but one of the taws was deleted from it, like the saying of the Exalted: meaning: it blazes.
: because the infanticide is of two types: lesser and greater. So the greater is: that the female slave is killed while alive after she is born.
And the lesser, as the Jews claimed: that a man practices coitus interruptus with her. But the Prophet (peace and blessings be upon him) refuted this and said: : meaning it is not infanticide; coitus interruptus is not infanticide. He explained this by saying: : the Prophet (may peace and blessings be upon him) told the truth. If Allah had intended to create it, the water would have gushed out and come out of the person before he practiced coitus interruptus, and at that time he would not be able to prevent it.
"Narrated by Ahmad and Abu Dawud, and the wording is his, and al-Nasa'i and al-Tahawi, and its narrators are trustworthy".
This hadith, as you see, contains: that the Prophet (peace and blessings be upon him) refuted the Jews in their claim that coitus interruptus is the lesser infanticide. And we have previously mentioned that he named it: hidden infanticide. Is there a contradiction between them?
The student: Yes.

The Shaykh : No, how is it reconciled?
The student: That it is all, meaning, bad.

The Shaykh : All bad?! But in the first one, when he said: hidden infanticide, it indicates that it is not permissible, and here he said: it is not the lesser infanticide.
The student: Due to the context of the topic, O Shaykh.

The Shaykh : Hm?
The student: Due to the context of the topic, they said: greater infanticide, and he responded to them with the lesser infanticide.

The Shaykh : No, no, they said: lesser infanticide, the Jews said: that it is the lesser infanticide.
The student: Shaykh, if we say: the first one shares in concealment, it is called hidden infanticide, but the second one, if we say: the lesser infanticide, it shares with it in the ruling.

The Shaykh : With the greater one?
The student: With the greater one.

The Shaykh : Yes, meaning, so the Messenger (peace and blessings be upon him) refuted them in the sense that it is forbidden and that it is infanticide, but it is the lesser one. And as for the first one, he said: , because the person prevents the child, as previously mentioned, in a hidden manner.