A man was brought before the Messenger of Allah ﷺ who had slept with his wife's slave-girl, and he did not impose the prescribed punishment on him.
حدثنا أبو بكر بن أبي شيبة حدثنا عبد السلام بن حرب عن هشام بن حسان عن الحسن
أن رسول الله ﷺ رفع إليه رجل وطئ جارية امرأته فلم يحده
No references are available.
[Its isnad is hasan]. Nasai narrated it in al-Kubra, 4/297, hadith 7230, from the hadith of Abdul-Salam through this route, and said, "These hadiths are not sound" (Tuhfat al-Ashraf, 4/52).Abu Dawud narrated it, hadith 4460, 4461, through two routes from Qatada from Hasan with the same account.Bayhaqi narrated it, 8/240, with a sahih isnad from Hasan, who said, "Qabisa bin Hurayth al-Ansari narrated to me from Salama bin Muhabbiq" with the same account, worded as follows, "If he forced her, then she is free and he owes another like her. But if it came from her with willing consent and approval, then she belongs to him, and he owes you (meaning his wife) the equivalent of her price." And no legal punishment was carried out against him.Qabisa was deemed reliable by Ajli and Ibn Hibban, and Hafiz said in Taqrib, "Trustworthy." End of quote. No one has criticized him with any valid argument, so the chain is hasan.