Musannaf 'Abd al-Razzaq 13107
✧ A slave girl being manumitted while with a free man, then a matter occurs
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عَبْدُ الرَّزَّاقِ، عَنِ الثَّوْرِيِّ
فِي أَمَةٍ كَانَتْ عِنْدَ حُرٍّ، فَعَتَقَتْ قَالَ: " إِنْ وَقَعَ عَلَيْهَا وَهِيَ لَا تَعْلَمُ أَنَّ لَهَا خِيَارًا، ثُمَّ أَحْدَثَتْ بَعْدَ ذَلِكَ حَدَثًا، أَوْ هُمَا، فَإِنَّهُمَا يُجْلَدَانِ وَلَا يُرْجَمَانِ، وَإِنْ خُيِّرَتْ فَاخْتَارَتْهُ، ثُمَّ وَقَعَ عَلَيْهَا، ثُمَّ أَحْدَثَا بَعْدَ ذَلِكَ الْوِقَاعِ رُجِمَا، وَإِنِ اخْتَارَتْهُ فَلَمْ يَقَعْ عَلَيْهَا حَتَّى يُحْدِثَا، فَإِنَّهُمَا يُجْلَدَانِ
Translation
Chain of narrators
machine translationʿAbd al-Razzāq, from al-Thawrī
Machine translation, not reviewed
Concerning a slave woman who was under a free man and was freed, he said: "If he had intercourse with her while she did not know that she had an option, and then after that one of them committed an offence, or both of them, they are lashed and not stoned. And if she was given the option and chose him, then he had intercourse with her, and then after that intercourse they both committed an offence, they are stoned. And if she chose him but he did not have intercourse with her until they committed an offence, they are lashed."
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