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Rape in Islamic Law: Difference between revisions
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===Muhammad has intercourse with his slave girl Maria bint Sham'un=== | ===Muhammad has intercourse with his slave girl Maria bint Sham'un=== | ||
Muhammad had a child with a slave girl of his known as [w:Maria_al-Qibtiyya|Maria the Copt], who was a gift to him from the Governor of Alexandria. In a hadith from Sahih Muslim, a phrase translated as "slave girl" is, in the orignal Arabic, umm walad (أُمِّ وَلَدِ) (literally: "mother of the child") and is the title given to a slave concubine who bore her master a child. | Muhammad had a child with a slave girl of his known as [[w:Maria_al-Qibtiyya|Maria the Copt]], who was a gift to him from the Governor of Alexandria. In a hadith from Sahih Muslim, a phrase translated as "slave girl" is, in the orignal Arabic, umm walad (أُمِّ وَلَدِ) (literally: "mother of the child") and is the title given to a slave concubine who bore her master a child. | ||
{{Quote|{{Muslim|37|6676}}|Anas reported that '''a person was charged with fornication with the slavegirl of Allah's Messenger''' (ﷺ). Thereupon Allah's Messenger (ﷺ) said to 'Ali: | {{Quote|{{Muslim|37|6676}}|Anas reported that '''a person was charged with fornication with the slavegirl of Allah's Messenger''' (ﷺ). Thereupon Allah's Messenger (ﷺ) said to 'Ali: | ||
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{{Quote|1=[https://tafsir.app/jalalayn/66/1 Tafsir al-Jalalayn 66:1]|2=O Prophet! Why do you prohibit what '''God has made lawful for you''' in terms of '''your Coptic handmaiden Māriya''' — when he lay with her in the house of Hafsa who had been away but who upon returning and finding out became upset by the fact that this had taken place in her own house and on her own bed — by saying ‘She is unlawful for me!’ seeking by making her unlawful for you to please your wives? And God is Forgiving Merciful having forgiven you this prohibition.}} | {{Quote|1=[https://tafsir.app/jalalayn/66/1 Tafsir al-Jalalayn 66:1]|2=O Prophet! Why do you prohibit what '''God has made lawful for you''' in terms of '''your Coptic handmaiden Māriya''' — when he lay with her in the house of Hafsa who had been away but who upon returning and finding out became upset by the fact that this had taken place in her own house and on her own bed — by saying ‘She is unlawful for me!’ seeking by making her unlawful for you to please your wives? And God is Forgiving Merciful having forgiven you this prohibition.}} | ||
An alternate, or additional circumstance for this verse has also been narrated in multiple sahih hadiths | An alternate, or additional circumstance for this verse has also been narrated in multiple sahih hadiths (in yet another version {{Muslim|9|3497}}, Muhammad ate honey at Hafsa's house instead of Zainab's). | ||
{{Quote|{{Al Nasai||4|36|3410}}|'Aishah said that '''the Messenger of Allah used to stay with Zainab bint Jahsh and drink honey at her house'''. Hafsah and I agreed that if the Prophet entered upon either of us, she would say: "'''I perceive the smell of Maghafir (a nasty-smelling gum) on you'''; have you eaten Maghafir?" He came in to one of them, and she said that to him. He said: "'''No, rather I drank honey at the house of Zainab bint Jahsh''', but I will never do it again." Then the following was revealed: 'O Prophet! Why do you forbid (for yourself) that which Allah has allowed to you.' 'If you two turn in repentance to Allah, (it will be better for you)' about 'Aishah and Hafsah, 'And (remember) when the Prophet disclosed a matter in confidence to one of his wives' refers to him saying: "No, rather I drank honey."}} | {{Quote|{{Al Nasai||4|36|3410}}|'Aishah said that '''the Messenger of Allah used to stay with Zainab bint Jahsh and drink honey at her house'''. Hafsah and I agreed that if the Prophet entered upon either of us, she would say: "'''I perceive the smell of Maghafir (a nasty-smelling gum) on you'''; have you eaten Maghafir?" He came in to one of them, and she said that to him. He said: "'''No, rather I drank honey at the house of Zainab bint Jahsh''', but I will never do it again." Then the following was revealed: 'O Prophet! Why do you forbid (for yourself) that which Allah has allowed to you.' 'If you two turn in repentance to Allah, (it will be better for you)' about 'Aishah and Hafsah, 'And (remember) when the Prophet disclosed a matter in confidence to one of his wives' refers to him saying: "No, rather I drank honey."}} | ||
"Honey" | "Honey" was also a sexual euphemism and an explicit example of its usage in this sense is found in a hadith in Abu Dawud:{{Quote|{{Abudawud|12|2302|}}|Narrated Aisha, Ummul Mu'minin: | ||
The Messenger of Allah (ﷺ) was asked about a man who divorced his wife three times, and she married another who entered upon her, but divorced her before having intercourse with her, whether she was lawful for the former husband. She said: The Prophet (ﷺ) replied: She is not lawful for the first (husband) until '''she tastes the honey of the other husband and he tastes her honey'''. }} | The Messenger of Allah (ﷺ) was asked about a man who divorced his wife three times, and she married another who entered upon her, but divorced her before having intercourse with her, whether she was lawful for the former husband. She said: The Prophet (ﷺ) replied: She is not lawful for the first (husband) until '''she tastes the honey of the other husband and he tastes her honey'''. }} | ||
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{{Quote|{{Bukhari|5|59|459}}|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."}} | {{Quote|{{Bukhari|5|59|459}}|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."}} | ||
In another version of the same hadith in Sahih Muslim (also found in Malik's Muwatta and Abu Dawud), it is said that the Muslims' goal was to ransom the women back members of the defeated party for monetary gain. It is explained that as a result of not wanting to get the women pregnant prior to ransoming them, Muhammad's companions inquired as to whether coitus interruptus was permissible. | In another version of the same hadith in Sahih Muslim (also found in Malik's Muwatta and Abu Dawud), it is said that the Muslims' goal was to ransom the women back to members of the defeated party for monetary gain. It is explained that as a result of not wanting to get the women pregnant prior to ransoming them, Muhammad's companions inquired as to whether coitus interruptus was permissible. | ||
{{Quote|{{Muslim|8|3371}}; see also {{Muwatta|29||95}} and {{Abudawud||2167|Hasan}}|Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): | {{Quote|{{Muslim|8|3371}}; see also {{Muwatta|29||95}} and {{Abudawud||2167|Hasan}}|Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): | ||
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that while he was sitting with Allah's Messenger (ﷺ) he said, "O Allah's Messenger (ﷺ)! We get female captives as our share of booty, '''and we are interested in their prices''', what is your opinion about coitus interruptus?" The Prophet (ﷺ) 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 Messenger (ﷺ) he said, "O Allah's Messenger (ﷺ)! We get female captives as our share of booty, '''and we are interested in their prices''', what is your opinion about coitus interruptus?" The Prophet (ﷺ) 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.}} | ||
===Umar tells a man to beat his wife for preventing intercourse with his slave girl=== | |||
Abdullah ibn Umar (the son of the 2nd Caliph, [[Umar_ibn_al-Khattab|Umar ibn al-Khattab]], said that his father ordered a man to have intercourse with a slave girl after his wife had tried to make this haram for him by means of [[Adult_Suckling|adult suckling]]. | |||
{{Quote|{{Muwatta|30||13}}|Yahya related to me from Malik that Abdullah ibn Dinar said, "A man came to Abdullah ibn Umar when I waswith him at the place where judgments were given and asked him about the suckling of an older person. Abdullah ibn Umar replied, 'A man came to Umar ibn al-Khattab and said, 'I have a slave-girl and I used to have intercourse with her. My wife went to her and suckled her. When I went to the girl, my wife told me to watch out, because she had suckled her!' Umar told him to beat his wife and to go to his slave-girl because kinship by suckling was only by the suckling of the young.' "}} | |||
===Ghusl (full body wash) not required between intercourse with slave girls=== | |||
Imam Malik was asked about intercourse with multiple slave girls. | |||
{{Quote|{{Muwatta|2||90}}|Yahya related to me from Malik from Nafi that the slave girls of Abdullah ibn Umar used to wash his feet and bring him a mat of palm leaves while they were menstruating. Malik was asked whether a man who had women and slavegirlscould have intercourse with all of them before he did ghusl. He said, "There is no harm in a man having intercourse with two of his slave girls before he does ghusl. It is disapproved of, however, to go to a freewoman on another's day. There is no harm in making love first to one slave girl and then to another when one is junub." Malik was asked about a man who was junub and water was put down for him to do ghusl with.Then he forgot and put his finger into it to find out whether it was hot or cold. Malik said, "If no filth has soiled his fingers, I do not consider that that makes the water impure."}} | |||
===Explicit distinction between zina and legal intercourse=== | ===Explicit distinction between zina and legal intercourse=== | ||