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(Book 29, Hadith 26) #36243
Right of Choice for Female Slaves

SUMMARY: A female slave who was married to a slave and then set free has the right of choice as long as her husband does not have intercourse with her.

ahya related to me from Malik from Nafi that Abdullah ibn Umar said that a female slave who was the wife of a slave and then was set free, had the right of choice as long as he did not have intercourse with her. Malik said, "If her husband has intercourse with her and she claims that she did not know, she still has the right of choice. If she is suspect and one does not believe her claim of ignorance, then she has no choice after he has had intercourse with her".
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ نَافِعٍ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّهُ كَانَ يَقُولُ فِي الأَمَةِ تَكُونُ تَحْتَ الْعَبْدِ فَتَعْتِقُ إِنَّ الأَمَةَ لَهَا الْخِيَارُ مَا لَمْ يَمَسَّهَا ‏.‏ قَالَ مَالِكٌ وَإِنْ مَسَّهَا زَوْجُهَا فَزَعَمَتْ أَنَّهَا جَهِلَتْ أَنَّ لَهَا الْخِيَارَ فَإِنَّهَا تُتَّهَمُ وَلاَ تُصَدَّقُ بِمَا ادَّعَتْ مِنَ الْجَهَالَةِ وَلاَ خِيَارَ لَهَا بَعْدَ أَنْ يَمَسَّهَا

TOPICS
female  *  slave  *  choice  *  intercourse  *  ignorance  *  nisa  *  abd  *  ikhtiyar  *  jima  *  jahl

QUICK LESSONS:
Respect women's rights , Be honest , Maintain integrity , Speak truthfully .

EXPLANATIONS:
This hadith speaks about the rights of female slaves who were married to a slave and then set free. It states that they have the right of choice as long as their husband does not have intercourse with them. If he does, she still has the right of choice if she claims ignorance, but if one does not believe her claim, then she no longer has that right. This hadith teaches us that women should be respected and given their due rights even if they are slaves or in any other vulnerable position. It also teaches us to be honest and truthful in our dealings so we can maintain our integrity and respectability in society.

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