What is the ruling for Zina (unlawful sexual intercourse) committed by an individual who is half-free and half-slave?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The perpetrator is not subject to stoning (rajm) because complete freedom has not been attained. The ruling entails half the prescribed punishment for a free person and half the prescribed punishment for a slave. This totals seventy-five lashes (fifty for the free half and twenty-five for the slave half). Ahmad explicitly stated this ruling. It is also reasoned that if the exile (taghrib) is obligatory, the period of exile should be counted against the free portion of the individual, with the master receiving compensation for the slave portion for that duration.
Supporting text
There is a possibility that exile is not obligatory because the master's right extends over the entirety of the person at all times, and exile is not incumbent upon the slave portion. Therefore, the obligation of exile should not prevent the master from exercising his right in part of the time, nor should it delay his right through a temporary arrangement without his consent.