The lineage of a child born to a jointly owned slave-girl, and the difference between a slave-girl, an adulteress and a wife

Question

Question: If a slave-girl was jointly owned by two men and she gave birth to a child, and if both together made a claim (da‘wa), then the lineage (nasab) will be established from both, this slave-girl will be umm walad (a slave-girl who has borne her master a child) of both, and upon both, for both, half the mahr will be obligatory; Zayd will take from him and not he from him (“Ishraq-i Nuri”, translation of “al-Quduri”, p. 183, line 6). The difficulty is: how will two men have intercourse (cohabitation)

Answer

(1) None of the masters (mawla) of a jointly owned slave-girl is permitted to have intercourse with her. If he had intercourse under doubt (wat’ bi-l-shubha), the hadd is not binding: [ar]لأن الحدود تندرئ بالشبهات[/ar] “For the hadd punishments are averted by doubts.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.