of a lawful spouse; therefore, when he nevertheless commits adultery this is evidence that evil is entrenched in his very nature, that curing him of it is difficult, and that he has no excuse for plunging into the sin.
As for the one who is not muḥṣan, it may be that the urge of passion has overpowered him, so the penalty was lightened for him in consideration of his situation and his possible excuse.

14- Swearing an oath may be used to affirm the soundness of weighty matters. Allah, exalted is He, commanded His Prophet in the Qur’an to swear three times that the Resurrection is true.

15- The ḥadith proves that requesting a fatwa from the scholars was permissible in the Prophet’s lifetime and remains so after him, and that it is allowable to ask a scholar of lesser rank even when one who is more eminent is present.

16- The ḥadith teaches refined etiquette toward people of virtue, knowledge, and seniority, and that such courtesy is part of sound understanding of the religion.

Hadith Three

ʿUbaydullāh ibn ʿAbdullāh ibn ʿUtbah ibn Masʿūd relates—on the authority of Abū Hurayrah and Zayd ibn Khālid al-Juhanī (may Allah be pleased with them)—that they said: The Prophet ﷺ was asked about a slave-girl who commits fornication while she is not muḥṣan (one who has previously consummated a valid marriage).

He replied, “If she fornicates, lash her; then if she fornicates again, lash her; then [sell her] even for a ḍafīr.” Ibn Shihāb said, “I am not sure whether this was after the third or the fourth time,” and ḍafīr means a rope.

General meaning

The Prophet ﷺ was asked about the prescribed penalty for a slave-girl who fornicates while she is not muḥṣan, meaning she has not had intercourse within a lawful marriage. He stated that she is to be lashed, the amount being half of the penalty prescribed for a free woman—namely, fifty lashes. If she commits fornication a second time, she is again given fifty lashes, in the hope that the punishment will deter her from the foul act. If she commits a third offense and the penalty still fails to restrain her, and she does not repent to Allah Most High but fears public disgrace, then administer the penalty and sell her—even for the cheapest price, a common rope—because there is no benefit in keeping her. There is little hope that she will reform, and distancing her is better than keeping her, lest she become a source of harm in the household where she lives.

Lessons derived from the ḥadith

1- The prescribed penalty for a slave-girl who fornicates while not muḥṣan is lashing, half of what is imposed on a free woman. A free woman’s penalty is one hundred lashes and a year of banishment; therefore, the slave-girl’s penalty is fifty lashes and she is not banished, because banishment would harm her master and might even entice her to repeat the sin.