Musannaf 'Abd al-Razzaq 13531
✧ A slave girl owned by partners, some of them have intercourse with her
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عَبْدُ الرَّزَّاقِ عَنْ أَبِي حَنِيفَةَ، عَنْ حَمَّادٍ، عَنْ إِبْرَاهِيمَ
فِي الْجَارِيَةِ تَكُونُ بَيْنَ رَجُلَيْنِ، فَتَلِدُ عَنْ أَحَدِهِمَا قَالَ: " يُدْرَأُ عَنْهُ الْحَدُّ بِجَهَالَتِهِ، وَيُضْمَنُ لِصَاحِبِهِ نَصِيبُهُ وَنِصْفُ ثَمَنِ وَلَدِهِ، قَالَ: وَإِنْ كَانَتْ مِنْ أَخَوَيْنِ فَوَقَعَ عَلَيْهَا أَحَدُهُمَا فَوَلَدَتْ، قَالَ: " يُدْرَأُ عَنْهُ الْحَدُّ، وَيُضْمَنُ لِأَخِيهِ قِيمَةُ نَصِيبِهِ مِنَ الْجَارِيَةِ وَلَيْسَ عَلَيْهِ قِيمَةٌ فِي وَلَدِهَا لِأَنَّهُ يُعْتَقُ حِينَ يَمْلِكُهُ
Translation
Machine translation, not reviewed
Concerning a slave-girl between two men who gives birth by one of them. He said: 'The prescribed punishment is averted from him due to his ignorance, and he must compensate his companion for his share and half the price of the child.' He said: 'If she was from two brothers and one of them had intercourse with her and she gave birth, he said: 'The prescribed punishment is averted from him, and he must compensate his brother the value of his share in the slave-girl, and there is no value owed for her child, because he is freed at the moment he owns him.'
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