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(Book 40, Hadith 5) #36579
Mudabbara Slave-Girls

SUMMARY: A slave-girl can be made mudabbara, and her master is allowed to have intercourse with her. He cannot sell or give her away, and the same applies to her children.

Malik related to me from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man makes his slave-girl mudabbara, he can have intercourse with her. He cannot sell her or give her away and her children are in the same position as her".
وَحَدَّثَنِي مَالِكٌ، عَنْ يَحْيَى بْنِ سَعِيدٍ، أَنَّ سَعِيدَ بْنَ الْمُسَيَّبِ، كَانَ يَقُولُ إِذَا دَبَّرَ الرَّجُلُ جَارِيَتَهُ فَإِنَّ لَهُ أَنْ يَطَأَهَا وَلَيْسَ لَهُ أَنْ يَبِيعَهَا وَلاَ يَهَبَهَا وَوَلَدُهَا بِمَنْزِلَتِهَا

TOPICS
intercourse  *  children  *  mudabbara  *  slavegirl

QUICK LESSONS:
Treat your slaves with respect and dignity; provide for any children they may have while under your ownership; do not sell or give away your slaves without permission.

EXPLANATIONS:
This hadith discusses the concept of mudabbara, which is a type of slavery in which a slave girl is owned by someone but has certain rights that are not given to other slaves. The owner of the slave girl is allowed to have intercourse with her, but he cannot sell or give her away. The same applies to any children she may have while in his possession. This hadith teaches us that even though slavery was practiced at the time, it was important for people to treat their slaves with respect and dignity by granting them certain rights that were not available for other slaves. It also teaches us about responsibility; if someone owns a slave girl they must take care of any children she has while under their ownership as well as provide for them financially and emotionally.

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