from its time. And the hadith of Ali, may Allah be pleased with him, that he said: "O people, perform the prescribed punishment upon your slaves, those of them who are muhsan (married/protected) and those who are not. For a slave girl of the Messenger of Allah (may Allah bless him and grant him peace) committed adultery, so he ordered me to flog her." He mentioned the hadith. Abu Dawud narrated it (17), and he did not mention that he banished her. As for the verse, it is evidence for us, because the punishment mentioned in the Quran is one hundred lashes, nothing else, so the halving applies to it and not to anything else, evidenced by the fact that it does not apply to the halving of stoning. Furthermore, banishment in the case of a slave is a punishment for his master, not for him, so it is not required in adultery, just like a fine. The explanation of this is that the slave suffers no harm in his banishment, because he is already a stranger in his location, and he is relieved of service by his banishment, while his master is harmed by the loss of his service, the risk of him leaving his control, the trouble of guarding him, and the expense of maintaining him while he is distant from him. Thus, the punishment becomes legislated against someone other than the adulterer, and the harm falls upon someone other than the offender. As for what Ibn Umar did, it was in relation to his own right and the waiving of his own claim, and he has the right to do that without adultery or crime, so it does not constitute evidence against others.

Section: If a slave commits adultery and then becomes free, he is punished with the punishment of a slave; because the punishment that was binding upon him is the one carried out. If a free dhimmi (protected person) commits adultery, then joins the Abode of War, then is captured and enslaved, he is punished with the punishment of the free, because it became binding upon him while he was free. If one of the two adulterers is a slave and the other is free, each one of them receives his respective punishment. If a virgin has illicit relations with a previously married person, each of them is punished according to his own punishment; because each of them is only liable for the punishment of his own crime. If he commits adultery after emancipation and before it was known, he is subject to the punishment of the free, because he committed adultery while he was free. If the punishment of a slave was carried out on him before his freedom was known, and it was discovered later, the punishment of the free is completed upon him. If the master pardons his slave, the punishment is not lifted from him, according to the opinion of the majority of scholars, except for al-Hasan, who said: His pardon is valid. But this is not correct; because it is a right of Allah the Almighty, so it is not lifted by the master's waiver, just like acts of worship, and like a free man if the Imam pardons him.

Section: The master has the right to carry out the punishment by flogging upon his full-status slave, according to the opinion of most scholars.