Musannaf 'Abd al-Razzaq 15884
✧ The mukatab is not sold except for goods, and the man having intercourse with his mukatabah, and one of the mukatabs buying the other
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عَبْدُ الرَّزَّاقِ، عَنِ ابْنِ أَبِي سَبْرَةَ، عَنْ أَبِي الزِّنَادِ، وَيَحْيَى بْنِ سَعِيدٍ، قَالَا
فِي الرَّجُلِ يَطَأُ مُكَاتَبَتَهُ: " إِنْ طَاوَعَتْهُ جُلِدَا، وَلَا شَيْءَ لَهَا، وَإِنِ اسْتَكْرَهَهَا جُلِدَ، وَغَرِمَ لَهَا مِثْلَ صَدَاقِ مِثْلِهَا، فَإِنْ حَمَلَتْ، كَانَتْ أُمَّ وَلَدٍ وَبَطَلَتْ كِتَابَتُهَا
Translation
Chain of narrators
machine translationʿAbd al-Razzāq, from Ibn Abī Sabrah, from Abū al-Zinād and Yaḥyā b. Saʿīd, who both said
Machine translation, not reviewed
Concerning a man who has intercourse with his female mukātab (slave woman contracted to buy her freedom): "If she consented, both are flogged, and she receives nothing. If he compelled her, he is flogged and must pay her a dowry equal to that of her peers. If she becomes pregnant, she becomes an umm walad (a slave mother of her master's child) and her contract of manumission is void."
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