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Qur'an, Hadith and Scholars:Rape of Slaves, Prisoners, and Wives: Difference between revisions

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Qur'an, Hadith and Scholars:Rape of Slaves, Prisoners, and Wives (view source)

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Automated script replacing USC-MSA hadith numbering system for Bukhari, Muslim, and Abu Dawud
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(Replaced with standard verse translations, a few extra hadiths and better structure)
(Automated script replacing USC-MSA hadith numbering system for Bukhari, Muslim, and Abu Dawud)
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"O Prophet! Why do you forbid (for yourself) that which Allah has allowed to you.' until the end of the Verse.}}
"O Prophet! Why do you forbid (for yourself) that which Allah has allowed to you.' until the end of the Verse.}}


{{Quote|{{Muslim|8|3383}}|Jabir (Allah be pleased with him) reported that a man came to Allah's Messenger (may peace be upon him) and said: '''I have a slave-girl who is our servant and she carries water for us and I have intercourse with her, but I do not want her to conceive. He said: Practise 'azl, if you so like''', but what is decreed for her will come to her. The person stayed back (for some time) and then came and said: The girl has become pregnant, whereupon he said:I told you what was decreed for her would come to her.}}
{{Quote|{{Muslim||1439a|reference}}|Jabir (Allah be pleased with him) reported that a man came to Allah's Messenger (may peace be upon him) and said: '''I have a slave-girl who is our servant and she carries water for us and I have intercourse with her, but I do not want her to conceive. He said: Practise 'azl, if you so like''', but what is decreed for her will come to her. The person stayed back (for some time) and then came and said: The girl has become pregnant, whereupon he said:I told you what was decreed for her would come to her.}}


====Captives from Banu Al-Mustaliq====
====Captives from Banu Al-Mustaliq====
Juwairiya was a captive who Muhammad immediately freed and married, according to tradition.
Juwairiya was a captive who Muhammad immediately freed and married, according to tradition.
{{Quote|{{Bukhari|3|46|717}}|Narrated Ibn Aun: I wrote a letter to Nafi and Nafi wrote in reply to my letter that the Prophet had suddenly attacked Bani Mustaliq without warning while they were heedless and their cattle were being watered at the places of water. Their fighting men were killed and their women and children were taken as captives; '''the Prophet got Juwairiya on that day.''' Nafi said that Ibn 'Umar had told him the above narration and that Ibn 'Umar was in that army.}}
{{Quote|{{Bukhari|||2541|darussalam}}|Narrated Ibn Aun: I wrote a letter to Nafi and Nafi wrote in reply to my letter that the Prophet had suddenly attacked Bani Mustaliq without warning while they were heedless and their cattle were being watered at the places of water. Their fighting men were killed and their women and children were taken as captives; '''the Prophet got Juwairiya on that day.''' Nafi said that Ibn 'Umar had told him the above narration and that Ibn 'Umar was in that army.}}


{{Quote|{{Muslim|8|3371}}|"Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): 0 Abu Sa'id, did you hear Allah's Messenger (may peace be upon him) mentioning al-'azl? He said: Yes, and added: We went out with Allah's Messenger (may peace be upon him) on the expedition to the Bi'l-Mustaliq and took captive some excellent Arab women; and we desired them, for we were suffering from the absence of our wives, '''(but at the same time) we also desired ransom for them. So we decided to have sexual intercourse with them but by observing 'azl''' (Interruptus Coitus - Withdrawing the male sexual organ before emission of semen to avoid-conception). But we said: We are doing an act whereas Allah's Messenger is amongst us; why not ask him? So we asked Allah's Mes- senger (may peace be upon him), and he said: It does not matter if you do not do it, for every soul that is to be born up to the Day of Resurrection will be born."}}
{{Quote|{{Muslim||1438a|reference}}|"Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): 0 Abu Sa'id, did you hear Allah's Messenger (may peace be upon him) mentioning al-'azl? He said: Yes, and added: We went out with Allah's Messenger (may peace be upon him) on the expedition to the Bi'l-Mustaliq and took captive some excellent Arab women; and we desired them, for we were suffering from the absence of our wives, '''(but at the same time) we also desired ransom for them. So we decided to have sexual intercourse with them but by observing 'azl''' (Interruptus Coitus - Withdrawing the male sexual organ before emission of semen to avoid-conception). But we said: We are doing an act whereas Allah's Messenger is amongst us; why not ask him? So we asked Allah's Mes- senger (may peace be upon him), and he said: It does not matter if you do not do it, for every soul that is to be born up to the Day of Resurrection will be born."}}


{{Quote|{{Bukhari|8|77|600}}|Narrated Abu Said Al-Khudri: That while he was sitting with the Prophet a man from the Ansar came and said, "O Allah's Apostle! We get slave girls from the war captives and we love property; what do you think about coitus interruptus?" Allah's Apostle said, "Do you do that? It is better for you not to do it, for there is no soul which Allah has ordained to come into existence but will be created."}}
{{Quote|{{Bukhari|||6603|darussalam}}|Narrated Abu Said Al-Khudri: That while he was sitting with the Prophet a man from the Ansar came and said, "O Allah's Apostle! We get slave girls from the war captives and we love property; what do you think about coitus interruptus?" Allah's Apostle said, "Do you do that? It is better for you not to do it, for there is no soul which Allah has ordained to come into existence but will be created."}}


{{Quote|{{Bukhari|3|34|432}}|Narrated Abu Said Al-Khudri:  
{{Quote|{{Bukhari|||2229|darussalam}}|Narrated Abu Said Al-Khudri:  


that while he was sitting with Allah's Apostle he said, "O Allah's Apostle! We get female captives as our share of booty, and we are interested in their prices, what is your opinion about coitus interrupt us?" The Prophet said, "Do you really do that? It is better for you not to do it. No soul that which Allah has destined to exist, but will surely come into existence.}}
that while he was sitting with Allah's Apostle he said, "O Allah's Apostle! We get female captives as our share of booty, and we are interested in their prices, what is your opinion about coitus interrupt us?" The Prophet said, "Do you really do that? It is better for you not to do it. No soul that which Allah has destined to exist, but will surely come into existence.}}


{{Quote|{{Bukhari|5|59|459}}|Narrated Ibn Muhairiz:  
{{Quote|{{Bukhari|||4138|darussalam}}|Narrated Ibn Muhairiz:  


I entered the Mosque and saw Abu Said Al-Khudri and sat beside him and asked him about Al-Azl (i.e. coitus interruptus). Abu Said said, "We went out with Allah's Apostle for the Ghazwa of Banu Al-Mustaliq and we received captives from among the Arab captives and we desired women and celibacy became hard on us and we loved to do coitus interruptus. So when we intended to do coitus interrupt us, we said, 'How can we do coitus interruptus before asking Allah's Apostle who is present among us?" We asked (him) about it and he said, 'It is better for you not to do so, for if any soul (till the Day of Resurrection) is predestined to exist, it will exist."}}
I entered the Mosque and saw Abu Said Al-Khudri and sat beside him and asked him about Al-Azl (i.e. coitus interruptus). Abu Said said, "We went out with Allah's Apostle for the Ghazwa of Banu Al-Mustaliq and we received captives from among the Arab captives and we desired women and celibacy became hard on us and we loved to do coitus interruptus. So when we intended to do coitus interrupt us, we said, 'How can we do coitus interruptus before asking Allah's Apostle who is present among us?" We asked (him) about it and he said, 'It is better for you not to do so, for if any soul (till the Day of Resurrection) is predestined to exist, it will exist."}}


====Captives from the Battle of Hunain====
====Captives from the Battle of Hunain====
{{Quote|{{Muslim|8|3432}}|Abu Sa'id al-Khudri (Allah her pleased with him) reported that at the Battle of Hanain Allah's Messenger (may peace be upon him) sent an army to Autas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah's Messenger (may peace te upon him) seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that:" And women already married, except those whom your right hands possess (iv. 24)" (i. e. they were lawful for them when their 'Idda period came to an end).}}
{{Quote|{{Muslim||1456a|reference}}|Abu Sa'id al-Khudri (Allah her pleased with him) reported that at the Battle of Hanain Allah's Messenger (may peace be upon him) sent an army to Autas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah's Messenger (may peace te upon him) seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that:" And women already married, except those whom your right hands possess (iv. 24)" (i. e. they were lawful for them when their 'Idda period came to an end).}}


{{Quote|{{Muslim|8|3433}}|Abu Sa'id al-Khudri (Allah be pleased with him) reported that Allah's Apostle (may peace be upon him) sent a small army. The rest of the hadith is the same except this that he said: Except what your right hands possessout of them are lawful for you; and he did not mention" when their 'idda period comes to an end". This hadith has been reported on the authority of AbuSa'id (al-Khudri) (Allah be pleased with him) through another chain of transmitters and the words are: They took captives (women) on the day of Autas who had their husbands. They were afraid (to have sexual intercourse with them) when this verse was revealed:" And women already married except those whom you right hands posses" (iv. 24)}}
{{Quote|{{Muslim||1456b|reference}}|Abu Sa'id al-Khudri (Allah be pleased with him) reported that Allah's Apostle (may peace be upon him) sent a small army. The rest of the hadith is the same except this that he said: Except what your right hands possessout of them are lawful for you; and he did not mention" when their 'idda period comes to an end". This hadith has been reported on the authority of AbuSa'id (al-Khudri) (Allah be pleased with him) through another chain of transmitters and the words are: They took captives (women) on the day of Autas who had their husbands. They were afraid (to have sexual intercourse with them) when this verse was revealed:" And women already married except those whom you right hands posses" (iv. 24)}}


{{Quote|{{Abu Dawud||2155|darussalam}}|"Abu Sa’id al-Khudri said: The Apostle of Allah (may peace be upon him) sent a military expedition to Awtas on the occasion of the battle of Hunain. They met their enemy and fought with them. They defeated them and took them captives. Some of the Companions of the Apostle of Allah (may peace be upon him) were reluctant to have intercourse with the female captives because of their pagan husbands. So Allah, the Exalted, sent down the Qur’anic verse: “And all married women (are forbidden) unto you save those (captives) whom your right hands possess.” That is to say, they are lawful for them when they complete their waiting period."}}
{{Quote|{{Abu Dawud||2155|darussalam}}|"Abu Sa’id al-Khudri said: The Apostle of Allah (may peace be upon him) sent a military expedition to Awtas on the occasion of the battle of Hunain. They met their enemy and fought with them. They defeated them and took them captives. Some of the Companions of the Apostle of Allah (may peace be upon him) were reluctant to have intercourse with the female captives because of their pagan husbands. So Allah, the Exalted, sent down the Qur’anic verse: “And all married women (are forbidden) unto you save those (captives) whom your right hands possess.” That is to say, they are lawful for them when they complete their waiting period."}}


{{Quote|{{Abu Dawud|11|2153}}; see also [https://quranx.com/Hadith/AbuDawud/Hasan/Hadith-2154 Abu Dawud 2154]|Narrated Ruwayfi' ibn Thabit al-Ansari: Should I tell you what I heard the Apostle of Allah (peace be upon him) say on the day of Hunayn: It is not lawful for a man who believes in Allah and the last day to water what another has sown with his water (meaning intercourse with women who are pregnant); '''it is not lawful for a man who believes in Allah and the Last Day to have intercourse with a captive woman till she is free from a menstrual course;''' and it is not lawful for a man who believes in Allah and the Last Day to sell spoil till it is divided.}}
{{Quote|{{Abu Dawud||2158|darussalam}}; see also [https://quranx.com/Hadith/AbuDawud/Hasan/Hadith-2154 Abu Dawud 2154]|Narrated Ruwayfi' ibn Thabit al-Ansari: Should I tell you what I heard the Apostle of Allah (peace be upon him) say on the day of Hunayn: It is not lawful for a man who believes in Allah and the last day to water what another has sown with his water (meaning intercourse with women who are pregnant); '''it is not lawful for a man who believes in Allah and the Last Day to have intercourse with a captive woman till she is free from a menstrual course;''' and it is not lawful for a man who believes in Allah and the Last Day to sell spoil till it is divided.}}


====Miscellaneous====
====Miscellaneous====
This hadith concerns Ali taking a short cut in violation of the war booty distribution system (Khumus). A commonly cited hadith about Umar punishing Dhiraar for having sexual intercourse with a slave girl and remarks from the scholar Shafi'i about when "a man acquires by force a slave-girl" are also in fact about such violations, not a general prohibition on intercourse with slaves by their owners.
This hadith concerns Ali taking a short cut in violation of the war booty distribution system (Khumus). A commonly cited hadith about Umar punishing Dhiraar for having sexual intercourse with a slave girl and remarks from the scholar Shafi'i about when "a man acquires by force a slave-girl" are also in fact about such violations, not a general prohibition on intercourse with slaves by their owners.


{{Quote|{{Bukhari|5|59|637}}|Narrated Buraida: The Prophet (ﷺ) sent `Ali to Khalid to bring the Khumus (of the booty) and I hated `Ali, and `Ali had taken a bath (after a sexual act with a slave-girl from the Khumus). I said to Khalid, "Don't you see this (i.e. `Ali)?" When we reached the Prophet (ﷺ) I mentioned that to him. He said, "O Buraida! Do you hate `Ali?" I said, "Yes." He said, "Do you hate him, for he deserves more than that from the Khumlus."}}
{{Quote|{{Bukhari|||4350|darussalam}}|Narrated Buraida: The Prophet (ﷺ) sent `Ali to Khalid to bring the Khumus (of the booty) and I hated `Ali, and `Ali had taken a bath (after a sexual act with a slave-girl from the Khumus). I said to Khalid, "Don't you see this (i.e. `Ali)?" When we reached the Prophet (ﷺ) I mentioned that to him. He said, "O Buraida! Do you hate `Ali?" I said, "Yes." He said, "Do you hate him, for he deserves more than that from the Khumlus."}}


===Punishments for Raping Slaves (Owned by Someone Else)===
===Punishments for Raping Slaves (Owned by Someone Else)===
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{{Quote|{{Al Nasai|26|4|26|3365}}|It was narrated that Salamah bin Al-Muhabbaq said: "The Prophet passed judgment concerning a man who had intercourse with his wife's slave woman: 'If he forced her, then she is free, and he has to give her mistress a similar slave as a replacement; if she obeyed him in that, then she belongs to him, and he has to give her mistress a similar slave as a replacement.'"}}
{{Quote|{{Al Nasai|26|4|26|3365}}|It was narrated that Salamah bin Al-Muhabbaq said: "The Prophet passed judgment concerning a man who had intercourse with his wife's slave woman: 'If he forced her, then she is free, and he has to give her mistress a similar slave as a replacement; if she obeyed him in that, then she belongs to him, and he has to give her mistress a similar slave as a replacement.'"}}


The same hadith is found in {{Abudawud|38|4445}}.
The same hadith is found in {{Abu Dawud||4460|darussalam}}.


In another version of the incident, the rapist of his wife's slave is to be punished by stoning.
In another version of the incident, the rapist of his wife's slave is to be punished by stoning.
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{{Quote|{{Al Nasai|26|4|26|3362}}|It was narrated from An-Nu'man bin Bashir that the Prophet said, concerning a man who had intercourse with his wife's slave woman: "If she let him do that, I will flog him with one hundred stripes , and if she did not let him, I will stone him (to death)."}}
{{Quote|{{Al Nasai|26|4|26|3362}}|It was narrated from An-Nu'man bin Bashir that the Prophet said, concerning a man who had intercourse with his wife's slave woman: "If she let him do that, I will flog him with one hundred stripes , and if she did not let him, I will stone him (to death)."}}


The same hadith in found in {{Abudawud|38|4444}}.
The same hadith in found in {{Abu Dawud||4459|darussalam}}.


Additionally, Malik in his Muwatta is reported as commenting:
Additionally, Malik in his Muwatta is reported as commenting:
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