Is the punishment (Hadd) applied to an Umm Walad if she commits slander (qadhf)?

General Chapter

Al-Mughni

Book of Freeing Mothers of Children

Book 69 · Issue 11 · Bab 1

Open in Qurani

Primary text

The sounder opinion is that the *Hadd* is not applied to her because she is a slave, and her ruling in most matters follows that of female slaves, and the presumption is to avert Hadd punishments when there is doubt. Furthermore, she is a slave who gains manumission upon the master's death, resembling a *mudabbara* (a slave designated for freedom upon the master's death), which differentiates her from a fully free woman.

Supporting text

It is narrated from Ahmad that Hadd should be applied because it is narrated from Ibn Umar, and slandering her is slander against her free child, and there is an element that prevents her sale, making her resemble a free woman. However, the first view is deemed sounder.