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Sunan an-Nasai 3363 (Book 26, Hadith 168) #17975
Judgement for Intercourse with Slave Woman

SUMMARY: The Prophet passed judgement on a man who had intercourse with his wife's slave woman, depending on whether he forced her or not.

It was narrated that Salamah bin Al-Muhabbaq said: "The Prophet passed judgment concerning a man who had intercourse with his wife's slave woman: 'If he forced her, then she is free, and he has to give her mistress a similar slave as a replacement; if she obeyed him in that, then she belongs to him, and he has to give her mistress a similar slave as a replacement'."
أَخْبَرَنَا مُحَمَّدُ بْنُ رَافِعٍ، قَالَ حَدَّثَنَا عَبْدُ الرَّزَّاقِ، قَالَ حَدَّثَنَا مَعْمَرٌ، عَنْ قَتَادَةَ، عَنِ الْحَسَنِ، عَنْ قَبِيصَةَ بْنِ حُرَيْثٍ، عَنْ سَلَمَةَ بْنِ الْمُحَبَّقِ، قَالَ قَضَى النَّبِيُّ فِي رَجُلٍ وَطِئَ جَارِيَةَ امْرَأَتِهِ ‏ "‏ إِنْ كَانَ اسْتَكْرَهَهَا فَهِيَ حُرَّةٌ وَعَلَيْهِ لِسَيِّدَتِهَا مِثْلُهَا وَإِنْ كَانَتْ طَاوَعَتْهُ فَهِيَ لَهُ وَعَلَيْهِ لِسَيِّدَتِهَا مِثْلُهَا

TOPICS
intercourse  *  slave  *  judgement  *  prophet

QUICK LESSONS:
Respect other people’s property rights even if they are slaves; Be just and fair when dealing with people regardless of their social status; Take responsibility for your actions; Be accountable for your actions; Follow judgements passed by the prophet.

EXPLANATIONS:
This hadith discusses the judgement that was passed by the Prophet regarding a man who had intercourse with his wife's slave woman. Depending on whether he forced her or not determined what would happen to the slave woman. If he forced her then she was to be set free and the man would have to give his wife a similar slave as a replacement. However if she obeyed him in that then she belonged to him and again he would have to give his wife a similar slave as a replacement. This hadith teaches us about justice and fairness in dealing with people regardless of their social status or position in society. It also teaches us about responsibility and accountability for our actions as well as respecting other people’s property rights even if they are slaves.

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