Sharh · explanationclick to expand
The Hadd (i.e., the corporal punishment determined by the Islamic Laws of Islam) for Fornication (i.e., illicit sexual intercourse) prescribed for a slave woman is half of the Hadd prescribed for a free woman. Allah, Exalted is He, Says (what means): {But once they are sheltered in marriage (i.e., married), if they should commit adultery, then for them is half the punishment for free [unmarried] women.} [Quran 4:25]. A perpetrator of Fornication is subjected to the prescribed Hadd each time (s)he commits Fornication. In this hadeeth, the Prophet ﷺ commands the owner of a slave-girl, who commits Fornication and her sin is verified by means of evidence, pregnancy, or confession, to subject her to the prescribed Hadd, i.e., 50 lashes, and she should not be rebuked or blamed afterward for her sin from which she had repented, because the application of the Hadd expiates her sin. If she commits Fornication again, she should be subjected to the Hadd again, and should not be rebuked or blamed for her sin afterward as well. If she commits Fornication for a third time, her master is urged to sell her even for a hair rope (i.e., for a very cheap price), after subjecting her to the Hadd ofFornication. It was not mentioned in the third time because it is understood from the previous references. He is urged to sell her for any price, no matter how low it is. This is meant as to stress that he is strongly advised to sell her and indicate that is not considered a waste of money, because she has become dissolute and rectifying her conduct would be a difficult task. Moreover, a pious Muslim is urged to refrain from keeping the company of dissolute sinners and to keep away from them. Therefore, he is urged to sell such a slave-girl so she would (have a chance for a new beginning in which she would) adhere to chastity with her new master or she would be deterred by his status, kindness, or generosity towards her, or he may marry her off to someone or the like. It is deduced from the hadeeth that a master is entitled to subject his slave to the prescribed Hadd. It is also inferred therefrom that a sinner must not be blamed or rebuked for his sin, especially if he was subjected to the prescribed Hadd. .