Hadith 26529

Muwatta Malik

موطأ مالك

21


Malik said, "The best of what is heard about a slave-girl whom aman has intercourse with while he has a partner in her is that thehadd is not inflicted on him and the child is connected to him. Whenthe slave-girl becomes pregnant, her value is estimated and he giveshis partners their shares of the price and the slave-girl is his. Thatis what is done among us."Malik said about a man who madehis slave-girl halal to a man that if the one for whom she was madehalal had intercourse with her, her value was estimated on the day hehad intercourse with her and he owed that to her owner whether or notshe conceived. The hadd was averted from him by that. If she conceivedthe child was connected to him.Malik said about a man whohad intercourse with his son's or daughter's slave-girl, "The hadd isaverted from him and he owes the estimated value of the slave-girlwhether or not she conceives."

USC-MSA web (English) reference: Book 41, Hadith 19