Musannaf 'Abd al-Razzaq 13086
✧ A slave girl being manumitted while with a slave, he has intercourse with her, and she does not know that she has the choice
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أَخْبَرَنَا عَبْدُ الرَّزَّاقِ قَالَ: أَخْبَرَنَا ابْنُ جُرَيْجٍ، عَنْ أَبِي النَّضْرِ، عَنِ ابْنِ الْمُسَيِّبِ قَالَ:
إِنْ أُعْتِقَتْ وَزَوْجُهَا مَمْلُوكٌ، فَبَادَرَ إِلَيْهَا فَأَصَابَهَا قَبْلَ أَنْ تَعْلَمَ أَنَّ لَهَا الْخِيَارَ فَلَهَا الْخِيَارُ إِذَا عَلِمَتْ، وَلَوْ وُلِّيتُ لَضَرَبْتُهُ ضَرْبًا أُولِمُ مِنْهُ كَتِفَيْهِ
Translation
Machine translation, not reviewed
If she is freed while her husband is a slave, and he hurries to her and has intercourse with her before she knows that she has the choice, then she has the choice once she knows. And if I were in charge, I would strike him a blow that would make his shoulders sore.
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