Is freedom (Hurriyyah) a necessary condition for Ihsan?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
Freedom is a required condition according to all scholars except Abu Thur. The consensus holds that the slave man and woman, if adulterous, are subject to stoning, unless a specific consensus contradicts this. Any ruling suggesting slaves are not subject to stoning, or that the status depends on the spouse's status, contradicts the clear text of the Quran concerning un-married women {Then if they commit lewdness, upon them is half the penalty prescribed for free married women} (Quran 4:25), as stoning cannot be halved, which contradicts the text and the prior consensus.
Supporting text
It is attributed to Al-Awza'i that a male slave married to a free woman is considered married (Muhsan) if he commits adultery, but if he is married to a female slave, he is not. This view contradicts the clear text. Al-Awza'i also held that if a slave couple consummates intercourse while enslaved and then both are freed, they do not become married (Muhsan) by that prior act, nor if they consummate after being freed while married—a view considered isolated (Shadh), as the intercourse occurred during their full capacity, establishing their married status similar to minors reaching puberty.