Hadith+
    Beta 2
Help
 
X
GO
Browse All Books    Browse All Topics
LiteView
 
Quick Search 
(Book 36, Hadith 25) #36496
Liability of Slave-Girl's Child and Umm Walad's Crime

SUMMARY: Umar ibn al-Khattab states that if a man has intercourse with his slave-girl and then leaves her, the child will be connected to him regardless of whether he practiced coitus interruptus or not. Malik also states that if an umm walad commits a crime, her master is liable for what she has done up to her value but does not have to surrender her.

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that Umar ibn al-Khattab said, "What is the matter with men who have intercourse with their slave-girls and then leave them to go? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or left off from intercourse with her". Yahya said that he heard Malik say, "What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her, and he cannot be made to bear more than her value for her crime".
وَحَدَّثَنِي مَالِكٌ، عَنْ نَافِعٍ، عَنْ صَفِيَّةَ بِنْتِ أَبِي عُبَيْدٍ، أَنَّهَا أَخْبَرَتْهُ أَنَّ عُمَرَ بْنَ الْخَطَّابِ قَالَ مَا بَالُ رِجَالٍ يَطَئُونَ وَلاَئِدَهُمْ ثُمَّ يَدَعُوهُنَّ يَخْرُجْنَ لاَ تَأْتِينِي وَلِيدَةٌ يَعْتَرِفُ سَيِّدُهَا أَنْ قَدْ أَلَمَّ بِهَا إِلاَّ قَدْ أَلْحَقْتُ بِهِ وَلَدَهَا فَأَرْسِلُوهُنَّ بَعْدُ أَوْ أَمْسِكُوهُنَّ ‏.‏ قَالَ يَحْيَى سَمِعْتُ مَالِكًا يَقُولُ الأَمْرُ عِنْدَنَا فِي أُمِّ الْوَلَدِ إِذَا جَنَتْ جِنَايَةً ضَمِنَ سَيِّدُهَا مَا بَيْنَهَا وَبَيْنَ قِيمَتِهَا وَلَيْسَ لَهُ أَنْ يُسَلِّمَهَا وَلَيْسَ عَلَيْهِ أَنْ يَحْمِلَ مِنْ جِنَايَتِهَا أَكْثَرَ مِنْ قِيمَتِهَا
TOPICS
intercourse  *  interruptus  *  value  *  slavegirl  *  walad

QUICK LESSONS:
Take responsibility for your actions; Ensure justice is served; Protect those who are vulnerable from being taken advantage of or wronged; Respect relationships; Follow laws set by society; Be accountable for your actions

EXPLANATIONS:
This hadith discusses the liability of a slave girl’s child and an umm walad’s crime. According to this hadith, if a man has intercourse with his slave girl and then leaves her, the child will be connected to him regardless of whether he practiced coitus interruptus or not. In addition, if an umm walad commits a crime, her master is liable for what she has done up to her value but does not have to surrender her. This hadith teaches us about responsibility in relationships as well as justice in society by ensuring those who commit crimes are held accountable for their actions while also protecting those who are vulnerable from being taken advantage of or wronged in any way.

Please use the feedback below to report any discrepancies or concerns.

Feedback           Discuss      Disclaimer     

haluk
  
Prev    Next