Assalamualaikum....
I read an article and a quote from the Qur'an online, and it has been disturbing me to no end. I don't have the quote right now, but the jist of it is that in Islam, it is halal for a man to have sex with up to four wives, and any slave girls that his right hand possesses?!? Is this a correct interpretation? If so, what is the reasoning behind this? I have no problems with polygyny, but the slave woman thing? How does this fit into the context of a righteous Islam as ordained by Allah (SWT)? Just because there are times of war, et cetera, this means that women of the enemy are no longer guaranteed basic human rights? Please help me with this problem, it is bothering me to question the path of Allah (SWT), it's the only time I've had doubts about anything in the deen. [/i]
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Sex With Slave Girls??
Started by
Guest_muslimah_angel_*
, Dec 09 2003 02:11 AM
5 replies to this topic
#2
Posted 09 December 2003 - 03:52 AM
Salam alikom
Question :
What is a right hand servant? Do you have to be married to have one? How can you finalize it and get one and state this person as your right hand servant?.
Answer :
Praise be to Allaah.
Firstly:
If Allaah enables the Muslim mujahideen to defeat kaafir enemies in war, then the men may be killed, ransomed, set free without ransom or enslaved. The choice between these four options is to be made by the ruler, according to what he thinks is the best course.
With regard to the women, they become slaves and “those whom one's right hand possesses” (described as a “right hand servant” in the question). Male children also become slaves. The ruler shares out these slaves among the mujaahideen.
Shaykh al-Shanqeeti (may Allaah have mercy on him) said: The reason why a person may be taken as a slave is his being a kaafir and waging war against Allaah and His Messenger. If Allaah enables the Muslims who are striving and sacrificing their lives and their wealth and all that Allaah has given them to make the word of Allaah supreme over the kaafirs, then He allows them to enslave the kuffaar when they capture them, unless the ruler chooses to free them or to ransom them, if that serves the interests of the Muslims.
Adwa’ al-Bayaan, 3/387
Islam limited the sources of slaves which existed before the mission of the Prophet (peace and blessings of Allaah be upon him) to just one source, namely slavery resulting from capturing prisoners from among the kuffaar.
Islam treated female slaves more kindly in their enslavement than other cultures did. Their honour was not considered to be permissible to anyone by way of prostitution, which was the fate of female prisoners of war in most cases. Rather Islam made them the property of their masters alone, and forbade anyone else to also have intercourse with them, even if that was his son. Islam made it their right to become free through a contract of manumission; it encouraged setting them free and promised reward for that. Islam made setting slaves free an obligation in the case of some kinds of expiation (kafaarah), such as the expiation for accidental killing, zihaar (a jaahili form of divorce in which a man said to his wife, “You are to me as my mother’s back”), and breaking oaths. They received the best treatment from their masters, as was enjoined by the pure sharee’ah.
Secondly:
A mujaahid does not have to be married in order to gain possession of a “slave whom one’s right hand possesses.” None of the scholars expressed such a view.
Thirdly:
If a mujaahid takes possession of a female slave or male slave, it is permissible for him to sell them. In either case – whether one acquires a slave through battle or through purchase – it is not permissible for a man to have intercourse with a female slave until she has had a period from which it may be ascertained that she is not pregnant. If she is pregnant then he must wait until she gives birth.
It was narrated that Ruwayfi’ ibn Thaabit al-Ansaari said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say on the day of Hunayn: “It is not permissible for any man who believes in Allaah and the Last Day to irrigate the crop of another else – meaning to have intercourse with a woman who is pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to have intercourse with a captured woman until he has established that she is not pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to sell any booty until it has been shared out.”
Narrated by Abu Dawood, 2158; classed as hasan by Shaykh al-Albaani in Saheeh Abi Dawood, 1890.
For many reasons, including the fact that the Muslims have long since given up jihad, slavery is now very rare. This means that the Muslims must be extra cautious by examining any case in which it is claimed that someone is a slave, whether male or female.
For more information see question no. 26067
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
Question :
What is a right hand servant? Do you have to be married to have one? How can you finalize it and get one and state this person as your right hand servant?.
Answer :
Praise be to Allaah.
Firstly:
If Allaah enables the Muslim mujahideen to defeat kaafir enemies in war, then the men may be killed, ransomed, set free without ransom or enslaved. The choice between these four options is to be made by the ruler, according to what he thinks is the best course.
With regard to the women, they become slaves and “those whom one's right hand possesses” (described as a “right hand servant” in the question). Male children also become slaves. The ruler shares out these slaves among the mujaahideen.
Shaykh al-Shanqeeti (may Allaah have mercy on him) said: The reason why a person may be taken as a slave is his being a kaafir and waging war against Allaah and His Messenger. If Allaah enables the Muslims who are striving and sacrificing their lives and their wealth and all that Allaah has given them to make the word of Allaah supreme over the kaafirs, then He allows them to enslave the kuffaar when they capture them, unless the ruler chooses to free them or to ransom them, if that serves the interests of the Muslims.
Adwa’ al-Bayaan, 3/387
Islam limited the sources of slaves which existed before the mission of the Prophet (peace and blessings of Allaah be upon him) to just one source, namely slavery resulting from capturing prisoners from among the kuffaar.
Islam treated female slaves more kindly in their enslavement than other cultures did. Their honour was not considered to be permissible to anyone by way of prostitution, which was the fate of female prisoners of war in most cases. Rather Islam made them the property of their masters alone, and forbade anyone else to also have intercourse with them, even if that was his son. Islam made it their right to become free through a contract of manumission; it encouraged setting them free and promised reward for that. Islam made setting slaves free an obligation in the case of some kinds of expiation (kafaarah), such as the expiation for accidental killing, zihaar (a jaahili form of divorce in which a man said to his wife, “You are to me as my mother’s back”), and breaking oaths. They received the best treatment from their masters, as was enjoined by the pure sharee’ah.
Secondly:
A mujaahid does not have to be married in order to gain possession of a “slave whom one’s right hand possesses.” None of the scholars expressed such a view.
Thirdly:
If a mujaahid takes possession of a female slave or male slave, it is permissible for him to sell them. In either case – whether one acquires a slave through battle or through purchase – it is not permissible for a man to have intercourse with a female slave until she has had a period from which it may be ascertained that she is not pregnant. If she is pregnant then he must wait until she gives birth.
It was narrated that Ruwayfi’ ibn Thaabit al-Ansaari said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say on the day of Hunayn: “It is not permissible for any man who believes in Allaah and the Last Day to irrigate the crop of another else – meaning to have intercourse with a woman who is pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to have intercourse with a captured woman until he has established that she is not pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to sell any booty until it has been shared out.”
Narrated by Abu Dawood, 2158; classed as hasan by Shaykh al-Albaani in Saheeh Abi Dawood, 1890.
For many reasons, including the fact that the Muslims have long since given up jihad, slavery is now very rare. This means that the Muslims must be extra cautious by examining any case in which it is claimed that someone is a slave, whether male or female.
For more information see question no. 26067
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
#3
Posted 09 December 2003 - 03:53 AM
Salam alikom
Question :
Could you please clarify for me something that has been troubling me for a while. This concerns the right of a man to have sexual relations with slave girls. Is this so? If it is then is the man allowed to have relations with her as well his wife/wives. Also, is it true that a man can have sexual relations with any number of slave girls and with their own wife/wives also? I have read that Hazrat Ali had 17 slave girls and Hazrat Umar also had many. Surely if a man were allowed this freedom then this could lead to neglecting the wife's needs. Could you also tell clarify wether the wife has got any say in this matter.
Answer :
Praise be to Allaah.
Islam allows a man to have intercourse with his slave woman, whether he has a wife or wives or he is not married.
A slave woman with whom a man has intercourse is known as a sariyyah (concubine) from the word sirr, which means marriage.
This is indicated by the Qur’aan and Sunnah, and this was done by the Prophets. Ibraaheem (peace be upon him) took Haajar as a concubine and she bore him Ismaa’eel (may peace be upon them all).
Our Prophet (peace and blessings of Allaah be upon him) also did that, as did the Sahaabah, the righteous and the scholars. The scholars are unanimously agreed on that and it is not permissible for anyone to regard it as haraam or to forbid it. Whoever regards that as haraam is a sinner who is going against the consensus of the scholars.
Allaah says (interpretation of the meaning):
“And if you fear that you shall not be able to deal justly with the orphan girls then marry (other) women of your choice, two or three, or four; but if you fear that you shall not be able to deal justly (with them), then only one or (slaves) that your right hands possess. That is nearer to prevent you from doing injustice”
[al-Nisa’ 4:3]
What is meant by “or (slaves) that your right hands possess” is slave women whom you own.
And Allaah says (interpretation of the meaning):
“O Prophet (Muhammad)! Verily, We have made lawful to you your wives, to whom you have paid their Mahr (bridal‑money given by the husband to his wife at the time of marriage), and those (slaves) whom your right hand possesses — whom Allaah has given to you, and the daughters of your ‘Amm (paternal uncles) and the daughters of your ‘Ammaat (paternal aunts) and the daughters of your Khaal (maternal uncles) and the daughters of your Khaalaat (maternal aunts) who migrated (from Makkah) with you, and a believing woman if she offers herself to the Prophet, and the Prophet wishes to marry her a privilege for you only, not for the (rest of) the believers. Indeed We know what We have enjoined upon them about their wives and those (slaves) whom their right hands possess, in order that there should be no difficulty on you. And Allaah is Ever Oft‑Forgiving, Most Merciful”
[al-Ahzaab 33:50]
“And those who guard their chastity (i.e. private parts from illegal sexual acts).
Except from their wives or the (women slaves) whom their right hands possess for (then) they are not blameworthy.
But whosoever seeks beyond that, then it is those who are trespassers”
[al-Ma’aarij 70:29-31]
Al-Tabari said:
Allaah says, “And those who guard their chastity” i.e., protect their private parts from doing everything that Allaah has forbidden, but they are not to blame if they do not guard their chastity from their wives or from the female slaves whom their rights hands possess.
Tafseer al-Tabari, 29/84
Ibn Katheer said:
Taking a concubine as well as a wife is permissible according to the law of Ibraaheem (peace be upon him). Ibraaheem did that with Haajar, when he took her as a concubine when he was married to Saarah.
Tafseer Ibn Katheer, 1/383
And Ibn Katheer also said:
The phrase “and those (slaves) whom your right hand possesses — whom Allaah has given to you” [al-Ahzaab 33:50] means, it is permissible for you take concubines from among those whom you seized as war booty. He took possession of Safiyyah and Juwayriyah and he freed them and married them; he took possession of Rayhaanah bint Sham’oon al-Nadariyyah and Maariyah al-Qibtiyyah, the mother of his son Ibraaheem (peace be upon them both), and they were among his concubines, may Allaah be pleased with them both.
Tafseer Ibn Katheer, 3/500
The scholars are unanimously agreed that it is permissible.
Ibn Qudaamah said:
There is no dispute (among the scholars) that it is permissible to take concubines and to have intercourse with one's slave woman, because Allaah says (interpretation of the meaning):
“And those who guard their chastity (i.e. private parts from illegal sexual acts).
Except from their wives or the (women slaves) whom their right hands possess for (then) they are not blameworthy.”
[al-Ma’aarij 70:29-30]
Maariyah al-Qibtiyyah was the umm walad (a slave woman who bore her master a child) of the Prophet (peace and blessings of Allaah be upon him), and she was the mother of Ibraaheem, the son of the Prophet (peace and blessings of Allaah be upon him), of whom he said, “Her son set her free.” Haajar, the mother of Isma’eel (peace be upon him), was the concubine of Ibraaheem the close friend (khaleel) of the Most Merciful (peace be upon him). ‘Umar ibn al-Khattaab (may Allaah be pleased with him) had a number of slave women who bore him children, to each of whom he left four hundred in his will. ‘Ali (may Allaah be pleased with him) had slave women who bore him children, as did many of the Sahaabah. ‘Ali ibn al-Husayn, al-Qaasim ibn Muhammad and Saalim ibn ‘Abd-Allaah were all born from slave mothers
Al-Mughni, 10/441
Al-Shaafa’i (may Allaah have mercy on him) said:
Allaah says (interpretation of the meaning):
“And those who guard their chastity (i.e. private parts from illegal sexual acts).
Except from their wives or the (women slaves) whom their right hands possess for (then) they are not blameworthy.”
[al-Ma’aarij 70:29-30]
The Book of Allaah indicates that the sexual relationships that are permitted are only of two types, either marriage or those (women slaves) whom one’s right hand possesses.
Al-Umm, 5/43.
The wife has no right to object to her husband owning female slaves or to his having intercourse with them.
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
Question :
Could you please clarify for me something that has been troubling me for a while. This concerns the right of a man to have sexual relations with slave girls. Is this so? If it is then is the man allowed to have relations with her as well his wife/wives. Also, is it true that a man can have sexual relations with any number of slave girls and with their own wife/wives also? I have read that Hazrat Ali had 17 slave girls and Hazrat Umar also had many. Surely if a man were allowed this freedom then this could lead to neglecting the wife's needs. Could you also tell clarify wether the wife has got any say in this matter.
Answer :
Praise be to Allaah.
Islam allows a man to have intercourse with his slave woman, whether he has a wife or wives or he is not married.
A slave woman with whom a man has intercourse is known as a sariyyah (concubine) from the word sirr, which means marriage.
This is indicated by the Qur’aan and Sunnah, and this was done by the Prophets. Ibraaheem (peace be upon him) took Haajar as a concubine and she bore him Ismaa’eel (may peace be upon them all).
Our Prophet (peace and blessings of Allaah be upon him) also did that, as did the Sahaabah, the righteous and the scholars. The scholars are unanimously agreed on that and it is not permissible for anyone to regard it as haraam or to forbid it. Whoever regards that as haraam is a sinner who is going against the consensus of the scholars.
Allaah says (interpretation of the meaning):
“And if you fear that you shall not be able to deal justly with the orphan girls then marry (other) women of your choice, two or three, or four; but if you fear that you shall not be able to deal justly (with them), then only one or (slaves) that your right hands possess. That is nearer to prevent you from doing injustice”
[al-Nisa’ 4:3]
What is meant by “or (slaves) that your right hands possess” is slave women whom you own.
And Allaah says (interpretation of the meaning):
“O Prophet (Muhammad)! Verily, We have made lawful to you your wives, to whom you have paid their Mahr (bridal‑money given by the husband to his wife at the time of marriage), and those (slaves) whom your right hand possesses — whom Allaah has given to you, and the daughters of your ‘Amm (paternal uncles) and the daughters of your ‘Ammaat (paternal aunts) and the daughters of your Khaal (maternal uncles) and the daughters of your Khaalaat (maternal aunts) who migrated (from Makkah) with you, and a believing woman if she offers herself to the Prophet, and the Prophet wishes to marry her a privilege for you only, not for the (rest of) the believers. Indeed We know what We have enjoined upon them about their wives and those (slaves) whom their right hands possess, in order that there should be no difficulty on you. And Allaah is Ever Oft‑Forgiving, Most Merciful”
[al-Ahzaab 33:50]
“And those who guard their chastity (i.e. private parts from illegal sexual acts).
Except from their wives or the (women slaves) whom their right hands possess for (then) they are not blameworthy.
But whosoever seeks beyond that, then it is those who are trespassers”
[al-Ma’aarij 70:29-31]
Al-Tabari said:
Allaah says, “And those who guard their chastity” i.e., protect their private parts from doing everything that Allaah has forbidden, but they are not to blame if they do not guard their chastity from their wives or from the female slaves whom their rights hands possess.
Tafseer al-Tabari, 29/84
Ibn Katheer said:
Taking a concubine as well as a wife is permissible according to the law of Ibraaheem (peace be upon him). Ibraaheem did that with Haajar, when he took her as a concubine when he was married to Saarah.
Tafseer Ibn Katheer, 1/383
And Ibn Katheer also said:
The phrase “and those (slaves) whom your right hand possesses — whom Allaah has given to you” [al-Ahzaab 33:50] means, it is permissible for you take concubines from among those whom you seized as war booty. He took possession of Safiyyah and Juwayriyah and he freed them and married them; he took possession of Rayhaanah bint Sham’oon al-Nadariyyah and Maariyah al-Qibtiyyah, the mother of his son Ibraaheem (peace be upon them both), and they were among his concubines, may Allaah be pleased with them both.
Tafseer Ibn Katheer, 3/500
The scholars are unanimously agreed that it is permissible.
Ibn Qudaamah said:
There is no dispute (among the scholars) that it is permissible to take concubines and to have intercourse with one's slave woman, because Allaah says (interpretation of the meaning):
“And those who guard their chastity (i.e. private parts from illegal sexual acts).
Except from their wives or the (women slaves) whom their right hands possess for (then) they are not blameworthy.”
[al-Ma’aarij 70:29-30]
Maariyah al-Qibtiyyah was the umm walad (a slave woman who bore her master a child) of the Prophet (peace and blessings of Allaah be upon him), and she was the mother of Ibraaheem, the son of the Prophet (peace and blessings of Allaah be upon him), of whom he said, “Her son set her free.” Haajar, the mother of Isma’eel (peace be upon him), was the concubine of Ibraaheem the close friend (khaleel) of the Most Merciful (peace be upon him). ‘Umar ibn al-Khattaab (may Allaah be pleased with him) had a number of slave women who bore him children, to each of whom he left four hundred in his will. ‘Ali (may Allaah be pleased with him) had slave women who bore him children, as did many of the Sahaabah. ‘Ali ibn al-Husayn, al-Qaasim ibn Muhammad and Saalim ibn ‘Abd-Allaah were all born from slave mothers
Al-Mughni, 10/441
Al-Shaafa’i (may Allaah have mercy on him) said:
Allaah says (interpretation of the meaning):
“And those who guard their chastity (i.e. private parts from illegal sexual acts).
Except from their wives or the (women slaves) whom their right hands possess for (then) they are not blameworthy.”
[al-Ma’aarij 70:29-30]
The Book of Allaah indicates that the sexual relationships that are permitted are only of two types, either marriage or those (women slaves) whom one’s right hand possesses.
Al-Umm, 5/43.
The wife has no right to object to her husband owning female slaves or to his having intercourse with them.
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
#4
Posted 09 December 2003 - 12:46 PM
Salam alikom
Question :
I've heard that it is allowed for men to have intercourse with their slaves. Does that stand for women too, & if men can have intercourse with their slaves (the ones they have bought) then why is it so much ill thought of the prostitutes...they too are, kind of bought at others will, for shorter time period perhaps. Can you make all this clear & why is it so that Islam did not stop slavery....they are humans as well, & are against their will kept in captivity & against their will may be forced into intercourse?
Answer :
Praise be to Allaah.
Slavery in Islam was originally prescribed because of Kufr. If there is jihaad between the Muslims and the kuffaar, and a number of kuffaar are taken prisoner, the commander is given the choice of sharing them out, doing them a favour (by releasing them) or paying their ransom. If they are shared out as part of the booty, they become slaves, subject to the laws governing products which may be sold. But at the same time, Islam urges the freeing of slaves and makes doing so an act of expiation for numerous sins. In principle, slavery is not something that is desirable; what is encouraged in Islam is the freeing of slaves. If a woman is enslaved according to sharee’ah, it is permissible for her master to have intercourse with her. This is unlike prostitution or zinaa, which Islam has forbidden as a precaution against mixing lineages and other reasons for which it is forbidden. There is no comparison between the two, because if a slave woman becomes pregnant, the child belongs to the master and she becomes free when he dies, because she has become the mother of the master’s child (umm walad), and is subject to the same rulings as a wife. And Allaah knows best.
Written by al-Khudayr (www.islam-qa.com)
Question :
I've heard that it is allowed for men to have intercourse with their slaves. Does that stand for women too, & if men can have intercourse with their slaves (the ones they have bought) then why is it so much ill thought of the prostitutes...they too are, kind of bought at others will, for shorter time period perhaps. Can you make all this clear & why is it so that Islam did not stop slavery....they are humans as well, & are against their will kept in captivity & against their will may be forced into intercourse?
Answer :
Praise be to Allaah.
Slavery in Islam was originally prescribed because of Kufr. If there is jihaad between the Muslims and the kuffaar, and a number of kuffaar are taken prisoner, the commander is given the choice of sharing them out, doing them a favour (by releasing them) or paying their ransom. If they are shared out as part of the booty, they become slaves, subject to the laws governing products which may be sold. But at the same time, Islam urges the freeing of slaves and makes doing so an act of expiation for numerous sins. In principle, slavery is not something that is desirable; what is encouraged in Islam is the freeing of slaves. If a woman is enslaved according to sharee’ah, it is permissible for her master to have intercourse with her. This is unlike prostitution or zinaa, which Islam has forbidden as a precaution against mixing lineages and other reasons for which it is forbidden. There is no comparison between the two, because if a slave woman becomes pregnant, the child belongs to the master and she becomes free when he dies, because she has become the mother of the master’s child (umm walad), and is subject to the same rulings as a wife. And Allaah knows best.
Written by al-Khudayr (www.islam-qa.com)
#5
Posted 09 December 2003 - 12:47 PM
Salam alikom
Question :
Is a man permitted to have sexual intercourse with a slave woman who is married?
Answer :
Praise be to Allaah.
It is not permissible for a man to have intercourse with his slave woman who is married; whoever does that has committed a haraam (forbidden) action and is to be punished.
Ibn Qudaamah said in al-Mughni: if he marries off his slave woman, then it is forbidden for him to have intercourse with her… There is no doubt and no dispute concerning the prohibition on his having intercourse with her, for she is now permissible to her husband, and no woman can be permissible to two men. If he has intercourse with her then he is guilty of sin and must be punished. Ahmad said, he should be flogged but not stoned, i.e., his punishment (ta’zeer) should take the form of flogging.
Vol. 9, p. 497.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Question :
Is a man permitted to have sexual intercourse with a slave woman who is married?
Answer :
Praise be to Allaah.
It is not permissible for a man to have intercourse with his slave woman who is married; whoever does that has committed a haraam (forbidden) action and is to be punished.
Ibn Qudaamah said in al-Mughni: if he marries off his slave woman, then it is forbidden for him to have intercourse with her… There is no doubt and no dispute concerning the prohibition on his having intercourse with her, for she is now permissible to her husband, and no woman can be permissible to two men. If he has intercourse with her then he is guilty of sin and must be punished. Ahmad said, he should be flogged but not stoned, i.e., his punishment (ta’zeer) should take the form of flogging.
Vol. 9, p. 497.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
#6
Posted 09 December 2003 - 12:49 PM
Salam alikom
Question :
Few years back, I needed a slave for comfort and support and to fulfill my jobs, I was able to pay the slave what they wanted and to comfort them too on their conditions. There was a Young Lady who agreed, on our conditions. My slave was only there when I needed her a bit like part employment she came over when I needed her and went away when not needed. We made a contract that she would serve me because she agreed and I agreed with my side.
Hence, this young lady still lives in her parents home and is not marries she agreed I be her master so it gives me the rights to touch her and look at her. We spent a lot of time together and I freed her from the contracts then got married together.
The point is that we get slaves from war time, but when will that come? Here she had agreed. And look after with the same standard of mine
Is there any haram element in this situation because the master only touched someone he owned, so this cannot be zinna.
-I would like to know the equities of slaves too
-How to you own a slave and what is the sharee condition?
-Can the master and slave have bodily contact and to what extent?
-Is there an age difference limit, i.e. they both can’t be same age?
-Can this kept secret or does everyone HAVE TO know?
-What is the minimum age the master and slave can be?
-IS SLAVES ARE ONLY AVAILABLE AT WAR-TIME, , IS THERE ANOTHER WAS OF OWNING A SLAVE?
Is it true our prophet (pbuh) owned many slaves, and called one ship?
Answer :
Praise be to Allaah.
Some of the questions are repeated and interconnected. We will answer them all – in sha Allaah – in the following points.
Firstly:
What you did with the servant woman is haraam and is not permissible. A servant woman is not a slave woman whom it is permissible to touch and have intercourse with. A servant woman is free and is not permissible for you except through marriage, which is what you did, but unfortunately you did it late.
The contract that existed between you and the servant woman was a contract of employment, which was to serve you in your house. It was not a contract that permitted you to have intercourse with her. You say that she agreed that you would be her master and she let you touch her and look at her, and that you freed her from the contract, but this has no basis of validity in sharee’ah in the sense that you refer to. A free woman cannot become a slave unless she is a kaafir woman from a state that is at war with the Muslims and the Muslims have captured her. This does not apply in the case which you are asking about.
Secondly:
Slaves (men and women) may be taken in the wars that take place between Muslims and kaafirs, not in wars that are fought amongst the Muslims at times of tribulation.
Islam limited the sources of slaves which existed before the mission of the Prophet (peace and blessings of Allaah be upon him) to just one source, namely slavery resulting from capturing prisoners from among the kuffaar, including women and children.
Shaykh al-Shanqeeti (may Allaah have mercy on him) said: The reason why a person may be taken as a slave is his being a kaafir and waging war against Allaah and His Messenger. If Allaah enables the Muslims who are striving and sacrificing their lives and their wealth and all that Allaah has given them to make the word of Allaah supreme over the kaafirs, then He allows them to enslave the kuffaar when they capture them, unless the ruler chooses to free them or to ransom them, if that serves the interests of the Muslims.
Adwa’ al-Bayaan, 3/387
Thirdly:
The mujaahideen take possession of slave women as they take possession of the spoils of war. It is permissible for the one who gains possession of male or female slaves to sell them. In both cases – owning a slave through battle or through purchase – it is not permissible for a man to have intercourse with a slave woman until after she has had one menstrual cycle from which it may be established that she is not pregnant. If she is pregnant, then he must wait until she has given birth.
It was narrated that Ruwayfi’ ibn Thaabit al-Ansaari said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say on the day of Hunayn: “It is not permissible for any man who believes in Allaah and the Last Day to irrigate the crop of another else – meaning to have intercourse with a woman who is pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to have intercourse with a captured woman until he has established that she is not pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to sell any booty until it has been shared out.”
Narrated by Abu Dawood, 2158; classed as hasan by Shaykh al-Albaani in Saheeh Abi Dawood, 1890.
Fourthly:
It is permissible for there to be a physical relationship between a man and his female slave just as there is between a man and his wife, unless he marries her off to someone else, in which case it is not permissible for him to have intercourse with her because it is not permissible for a woman to be in an intimate relationship with two men at the same time.
Fifthly:
There are no limits with regard to the age difference between a man and his female slave, apart from the fact that it is not permissible for him to have intercourse with her until after she has become able for that.
Sixthly:
The relationship between a man and his female slave should be announced publicly and not kept secret. That is because there are rulings that stem from this announcement, such as if they have children, and so as to ward off any suspicions that people who see them together may have concerning him and her.
Seventhly:
The Prophet (peace and blessings of Allaah be upon him) owned some male and female slaves, among whom were the following:
Ibn al-Qayyim said:
Zayd ibn Haarithah ibn Shuraaheel, the beloved of the Messenger of Allaah (peace and blessings of Allaah be upon him). He freed him and arranged his marriage to his freed slave woman Umm Ayman, and she bore him Usaamah. His other slaves include Aslam, Abu Raafi’, Thawbaan, Abu Kabshah Sulaym, Shaqraan (whose name was Saalih), Rabaah (who was Nubian), Yassaar (who was also Nubian and was killed by the ‘Arniyeen); Mid’am and Kirkirah (another Nubian) – these two were killed at Khaybar. They also included Anjashah al-Haadi and Safeenah ibn Farookh, whose real name was Mihraan, but the Messenger of Allaah (peace and blessings of Allaah be upon him) called him Safeenah (= “ship”) because they used to make him carry their luggage when they traveled, so he said, “You are a ship (anta safeenah).” Abu Haatim said that the Messenger of Allaah (peace and blessings of Allaah be upon him) freed him; someone else said that Umm Salamah freed him. The Prophet’s slaves also included Anasah, whose nickname was Abu Mashrah; Aflah; ‘Ubayd; Tahmaan – also known as Keesaan; Dhakwaan; Mihraan; Marwaan – although it was said that this was another name of Tahmaan, and Allaah knows best; Hunayn; Sandar; Fudaalah (who was Yemeni); Maaboor (who was a eunuch); Waaqid; Abu Waaqid; Qassaam; Abu ‘Usayb and Abu Muwayhabah.
His female slaves included: Salma (Umm Raafi’); Maymoonah bint Sa’d; Khadrah; Radwa; Razeenah; Umm Dameerah; Maymoonah bint Abi ‘Usayb; Maariyah and Rayhaanah.
Zaad al-Ma’aad, 1/114-116
Eighthly:
It is rare nowadays to find slaves in the shar’i sense in which it is permissible to be intimate with them etc. That is because most of the Muslims have long since given up the obligation of jihad for the sake of Allaah, in addition to their position of weakness and humiliation before their kaafir enemies, so that many of the majority-Muslim nations have signed the protocol that expressly forbids slavery and strives to put an end to it, which was agreed upon in the United Nations in 1953.
Based on that we must be very careful in examining any case where people are bought and sold as slaves, and we must also beware of the misinterpretation of the word amah (pl. imaa’) (= slave woman) which some new Muslims understand to mean that enslavement takes place simply by paying the woman some money and agreeing to have intercourse with her. This is like prostitution which is now widespread in some immoral places, night clubs and telephone sex services.
We ask Allaah to help us and you to be patient with regard to matters of our religion and to protect us from falling into evil.
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
Question :
Few years back, I needed a slave for comfort and support and to fulfill my jobs, I was able to pay the slave what they wanted and to comfort them too on their conditions. There was a Young Lady who agreed, on our conditions. My slave was only there when I needed her a bit like part employment she came over when I needed her and went away when not needed. We made a contract that she would serve me because she agreed and I agreed with my side.
Hence, this young lady still lives in her parents home and is not marries she agreed I be her master so it gives me the rights to touch her and look at her. We spent a lot of time together and I freed her from the contracts then got married together.
The point is that we get slaves from war time, but when will that come? Here she had agreed. And look after with the same standard of mine
Is there any haram element in this situation because the master only touched someone he owned, so this cannot be zinna.
-I would like to know the equities of slaves too
-How to you own a slave and what is the sharee condition?
-Can the master and slave have bodily contact and to what extent?
-Is there an age difference limit, i.e. they both can’t be same age?
-Can this kept secret or does everyone HAVE TO know?
-What is the minimum age the master and slave can be?
-IS SLAVES ARE ONLY AVAILABLE AT WAR-TIME, , IS THERE ANOTHER WAS OF OWNING A SLAVE?
Is it true our prophet (pbuh) owned many slaves, and called one ship?
Answer :
Praise be to Allaah.
Some of the questions are repeated and interconnected. We will answer them all – in sha Allaah – in the following points.
Firstly:
What you did with the servant woman is haraam and is not permissible. A servant woman is not a slave woman whom it is permissible to touch and have intercourse with. A servant woman is free and is not permissible for you except through marriage, which is what you did, but unfortunately you did it late.
The contract that existed between you and the servant woman was a contract of employment, which was to serve you in your house. It was not a contract that permitted you to have intercourse with her. You say that she agreed that you would be her master and she let you touch her and look at her, and that you freed her from the contract, but this has no basis of validity in sharee’ah in the sense that you refer to. A free woman cannot become a slave unless she is a kaafir woman from a state that is at war with the Muslims and the Muslims have captured her. This does not apply in the case which you are asking about.
Secondly:
Slaves (men and women) may be taken in the wars that take place between Muslims and kaafirs, not in wars that are fought amongst the Muslims at times of tribulation.
Islam limited the sources of slaves which existed before the mission of the Prophet (peace and blessings of Allaah be upon him) to just one source, namely slavery resulting from capturing prisoners from among the kuffaar, including women and children.
Shaykh al-Shanqeeti (may Allaah have mercy on him) said: The reason why a person may be taken as a slave is his being a kaafir and waging war against Allaah and His Messenger. If Allaah enables the Muslims who are striving and sacrificing their lives and their wealth and all that Allaah has given them to make the word of Allaah supreme over the kaafirs, then He allows them to enslave the kuffaar when they capture them, unless the ruler chooses to free them or to ransom them, if that serves the interests of the Muslims.
Adwa’ al-Bayaan, 3/387
Thirdly:
The mujaahideen take possession of slave women as they take possession of the spoils of war. It is permissible for the one who gains possession of male or female slaves to sell them. In both cases – owning a slave through battle or through purchase – it is not permissible for a man to have intercourse with a slave woman until after she has had one menstrual cycle from which it may be established that she is not pregnant. If she is pregnant, then he must wait until she has given birth.
It was narrated that Ruwayfi’ ibn Thaabit al-Ansaari said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say on the day of Hunayn: “It is not permissible for any man who believes in Allaah and the Last Day to irrigate the crop of another else – meaning to have intercourse with a woman who is pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to have intercourse with a captured woman until he has established that she is not pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to sell any booty until it has been shared out.”
Narrated by Abu Dawood, 2158; classed as hasan by Shaykh al-Albaani in Saheeh Abi Dawood, 1890.
Fourthly:
It is permissible for there to be a physical relationship between a man and his female slave just as there is between a man and his wife, unless he marries her off to someone else, in which case it is not permissible for him to have intercourse with her because it is not permissible for a woman to be in an intimate relationship with two men at the same time.
Fifthly:
There are no limits with regard to the age difference between a man and his female slave, apart from the fact that it is not permissible for him to have intercourse with her until after she has become able for that.
Sixthly:
The relationship between a man and his female slave should be announced publicly and not kept secret. That is because there are rulings that stem from this announcement, such as if they have children, and so as to ward off any suspicions that people who see them together may have concerning him and her.
Seventhly:
The Prophet (peace and blessings of Allaah be upon him) owned some male and female slaves, among whom were the following:
Ibn al-Qayyim said:
Zayd ibn Haarithah ibn Shuraaheel, the beloved of the Messenger of Allaah (peace and blessings of Allaah be upon him). He freed him and arranged his marriage to his freed slave woman Umm Ayman, and she bore him Usaamah. His other slaves include Aslam, Abu Raafi’, Thawbaan, Abu Kabshah Sulaym, Shaqraan (whose name was Saalih), Rabaah (who was Nubian), Yassaar (who was also Nubian and was killed by the ‘Arniyeen); Mid’am and Kirkirah (another Nubian) – these two were killed at Khaybar. They also included Anjashah al-Haadi and Safeenah ibn Farookh, whose real name was Mihraan, but the Messenger of Allaah (peace and blessings of Allaah be upon him) called him Safeenah (= “ship”) because they used to make him carry their luggage when they traveled, so he said, “You are a ship (anta safeenah).” Abu Haatim said that the Messenger of Allaah (peace and blessings of Allaah be upon him) freed him; someone else said that Umm Salamah freed him. The Prophet’s slaves also included Anasah, whose nickname was Abu Mashrah; Aflah; ‘Ubayd; Tahmaan – also known as Keesaan; Dhakwaan; Mihraan; Marwaan – although it was said that this was another name of Tahmaan, and Allaah knows best; Hunayn; Sandar; Fudaalah (who was Yemeni); Maaboor (who was a eunuch); Waaqid; Abu Waaqid; Qassaam; Abu ‘Usayb and Abu Muwayhabah.
His female slaves included: Salma (Umm Raafi’); Maymoonah bint Sa’d; Khadrah; Radwa; Razeenah; Umm Dameerah; Maymoonah bint Abi ‘Usayb; Maariyah and Rayhaanah.
Zaad al-Ma’aad, 1/114-116
Eighthly:
It is rare nowadays to find slaves in the shar’i sense in which it is permissible to be intimate with them etc. That is because most of the Muslims have long since given up the obligation of jihad for the sake of Allaah, in addition to their position of weakness and humiliation before their kaafir enemies, so that many of the majority-Muslim nations have signed the protocol that expressly forbids slavery and strives to put an end to it, which was agreed upon in the United Nations in 1953.
Based on that we must be very careful in examining any case where people are bought and sold as slaves, and we must also beware of the misinterpretation of the word amah (pl. imaa’) (= slave woman) which some new Muslims understand to mean that enslavement takes place simply by paying the woman some money and agreeing to have intercourse with her. This is like prostitution which is now widespread in some immoral places, night clubs and telephone sex services.
We ask Allaah to help us and you to be patient with regard to matters of our religion and to protect us from falling into evil.
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
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