33 - Chapter on the slave woman who commits fornication and has not been married

4469 - ʿAbdullah ibn Maslamah narrated to us, from Mālik, from Ibn Shihāb, from ʿUbayd Allah ibn ʿAbd Allah ibn ʿUtbah, from Abū Hurayrah and Zayd ibn Khālid al-Juhanī: that the Messenger of Allah, peace and blessings be upon him, was asked about the slave woman who commits fornication and has not been married. He said: "If she commits fornication, then flog her. Then if she commits fornication, flog her. Then if she commits fornication, flog her. Then if she commits fornication, sell her, even for a rope."(1)

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= Also recorded by al-Tirmidhī (3373) and (3374) via Sufyān al-Thawrī, from Simāk — and in the first instance he paired with him al-Aʿmash — from Ibrāhīm, from ʿAbd al-Raḥmān ibn Yazīd, from Ibn Masʿūd. However, al-Tirmidhī declared authentic the narration of the group from Simāk — meaning with the mention of ʿAlqamah and al-Aswad, without mentioning ʿAbd al-Raḥmān ibn Yazīd.

And it was also recorded in similar form by Muslim (2763), Ibn Mājah (1398) and (4254), al-Tirmidhī (3375), and al-Nasāʾī (7285) via Abū ʿUthmān al-Nahdī, from ʿAbd Allah ibn Masʿūd.

Al-Nasāʾī declared authentic the narration of Abū ʿUthmān al-Nahdī and declared weak the narration of Simāk, because al-Aʿmash differed from him and narrated it from Ibrāhīm al-Nakhaʿī as a mursal report. Al-Aʿmash's narration was recorded in "al-Sunan al-Kubrā" (7284) via Abū Muʿāwiyah Muḥammad ibn Khāzim al-Ḍarīr, from him. But Sufyān al-Thawrī narrated it, as we mentioned, from al-Aʿmash as a connected report, contradicting the narration of Abū Muʿāwiyah!

(1) Its chain of transmission is authentic.
It is in "Muwaṭṭaʾ Mālik" 2/826.
And it was recorded by al-Bukhārī (2153), (2232), (2555), and (6837), Muslim (1704), Ibn Mājah (2565), and al-Nasāʾī in "al-Kubrā" (7217–7220) via multiple paths from Ibn Shihāb al-Zuhrī, with it. Sufyān ibn ʿUyaynah added in the narration of Ibn Mājah and al-Nasāʾī in the last instance: Shibl ibn Khālid — or Khulayd — along with Abū Hurayrah and Zayd ibn Khālid. Imām al-Tirmidhī, Imām al-Nasāʾī, and others mentioned that this is an error from Ibn ʿUyaynah, because Shibl did not meet the Prophet, peace and blessings be upon him, and Sufyān only inserted one hadith into another. Shibl only narrated a similar hadith from ʿAbd Allah ibn Mālik al-Awsī from the Prophet, peace and blessings be upon him, and from Zayd ibn Khālid al-Juhanī from the Prophet, peace and blessings be upon him, as recorded by al-Nasāʾī (7221–7223). =