Slavery & Sexual relationships with Female Prisoners

Quran 4:24
Also (prohibited are) women already married, except those whom your right hands possess

Quran 23:1-6
01: The believers must (eventually) win through,-
02: Those who humble themselves in their prayers;
03: Who avoid vain talk;
04: Who are active in deeds of charity;
05: Who abstain from sex,
06: Except with those joined to them in the marriage bond, or (the captives) whom their right hands possess,- for (in their case) they are free from blame

Quran 33:50
O Prophet! We have made lawful to thee thy wives to whom thou hast paid their dowers; and those whom thy right hand possesses out of the prisoners of war whom Allah has assigned to thee

Quran 33:52
It is not lawful for thee (to marry more) women after this, nor to change them for (other) wives, even though their beauty attract thee, except any thy right hand should possess (as handmaidens)

Quran 70:23-30
23:Those who remain steadfast to their prayer;
24: And those in whose wealth is a recognised right.
25: For the (needy) who asks and him who is prevented (for some reason from asking);
26: And those who hold to the truth of the Day of Judgment;
27: And those who fear the displeasure of their Lord,-
28: For their Lord's displeasure is the opposite of Peace and Tranquillity;-
29: And those who guard their chastity,
30: Except with their wives and the (captives) whom their right hands possess,- for (then) they are not to be blamed,

Al Kabiar(The Major Sins)

34. Being a dayyouth
Prophet (saw) said,
"Allah has forbidden the Paradise to three people: the alcoholic, the runaway slave, and the one who is complacent in the face of the evil deeds that his family is performing"
(Sahih al-Jami # 3047)

57. Running away of a slave
Prophet (saw) said,
"If a slave runs away, his prayers will not be accepted" (Sahih al-Jami # 257)

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Sahih Muslim Book 010, Number 3704:
Abdullah b. Umar (Allah be pleased with them) reported Allah's Massenger (may peace be upon him) as saying:

He who buys a tree after it has been fecundated, its fruit belongs to one who sells it except when the provision has been laid down by the buyer (that it will belong to him), and he who buys a slave, his property belongs to one who sells him except when a provision has been laid down by the buyer (that it will be transferred to him with the slave).

Sahih Bukhari Volume 7, Book 62, Number 89:
Narrated Anas: The Prophet stayed for three days at a place between Khaibar and Medina, and there he consummated his marriage with Safiyya bint Huyay. I invited the Muslims to a banquet which included neither meat nor bread. The Prophet ordered for the leather dining sheets to be spread, and then dates, dried yogurt and butter were provided over it, and that was the Walima (banquet) of the Prophet. The Muslims asked whether Safiyya would be considered as his wife or as a slave girl of what his right hands possessed.

Then they said, "If the Prophet screens her from the people, then she Is the Prophet's wife but if he does not screen her, then she is a slave girl." So when the Prophet proceeded, he made a place for her (on the camel) behind him and screened her from people.

Sahih Bukhari Volume 7, Book 62, Number 137:
Narrated Abu Said Al-Khudri:
We got female captives in the war booty and we used to do coitus interruptus with them. So we asked Allah's Apostle about it and he said, "Do you really do that?" repeating the question thrice, "There is no soul that is destined to exist but will come into existence, till the Day of Resurrection."

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Sahih Bukhari Volume 5, Book 59, Number 637:
Narrated Buraida:
The Prophet 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 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."

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Sunan Abu-Dawud, Book 11, Number 2166:
Narrated AbuSa'id al-Khudri:
A man said: Apostle of Allah, I have a slave-girl and I withdraw the penis from her (while having intercourse), and I dislike that she becomes pregnant. I intend (by intercourse) what the men intend by it.

The Jews say that withdrawing the penis (azl) is burying the living girls on a small scale. He (the Prophet) said: The Jews told a lie. If Allah intends to create it, you cannot turn it away.

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Sahih Muslim Book 008, Number 3371:
Chapter 22: AL AZL (INCOMPLETE SEXUAL INTERCOURSE): COITUS INTERRUPTUS

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 (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.

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Sahih Muslim Book 008, Chapter 29:
IT IS PERMISSIBLE TO HAVE SEXUAL INTERCOURSE WITH A CAPTIVE WOMAN AFTER SHE IS PURIFIED (OF MENSES OR DELIVERY) IN CASE SHE HAS A HUSBAND, HER MARRIAGE IS ABROGATED AFTER SHE BECOMES CAPTIVE

Sahih Muslim Book 008, Number 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).

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Translation of Malik's Muwatta, Book 31:
Business Transactions [with quite some hadiths on slave-trade]
http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muwatta/031.mmt.html#031.31.4.4
Section: Defects in Slaves
Malik's Muwatta Book 31, Number 31.4.4:

Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."

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Malik's Muwatta Book 2, Number 2.23.90:
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 slave girls could 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."

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Malik's Muwatta Book 28, Number 28.15.38:
Yahya related to me from Malik from Ibrahim ibn Abi Abla from Abd al-Malik ibn Marwan that he gave a slave-girl to a friend of his, and later asked him about her. He said, "I intended to give her to my son to do such-and-such with her." Abd al-Malik said, "Marwan was more scrupulous than you. He gave a slave-girl to his son, and then he said, 'Do not go near her, for I have seen her leg uncovered .' "

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Malik's Muwatta Book 29, Number 29.17.51:
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "If a man gives his slave permission to marry, the divorce is in the hand of the slave, and nobody else has any power over his divorce. Nothing is held against a man who takes the slave-girl of his male slave or the slave-girl of his female-slave."

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Malik's Muwatta Book 29, Number 29.32.99:
Yahya related to me from Malik from Damra ibn Said al-Mazini from al-Hajjaj ibn Amr ibn Ghaziya that he was sitting with Zayd ibn Thabit when Ibn Fahd came to him. He was from the Yemen. He said, "Abu Said! I have slave-girls. None of the wives in my keep are more pleasing to me than them, and not all of them please me so much that I want a child by them, shall I then practise coitus interruptus?" Zayd ibn Thabit said, "Give an opinion, Hajjaj!" "I said, 'May Allah forgive you! We sit with you in order to learn from you!' He said, 'Give an opinion! 'I said, 'She is your field, if you wish, water it, and if you wish, leave it thirsty. I heard that from Zayd.' Zayd said, 'He has spoken the truth.' "

....
So it allowed Muslims to have intercourse with slave women taken as captives of just and legitimate wars. In so doing, the woman would automatically become free if she got pregnant.
....
In conclusion, Allah has forbidden certain types of behavior and permitted other kinds of behavior as a safeguard to the individual and to the society. Allah, the Best Knower, has forbidden fornication and adultery. However, in the case of captives whom your right hands posses, it's something necessitated by the special circumstances which were created when the Muslims were at war.

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(All Fatwas published on this website (Islamonline.net) represent the juristic views and opinions of eminent scholars and Muftis.)

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Can a slave request his freedom from his Muslim owner?
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Those Captives of Wars while living with the Muslims, would be treated with kindness. Prophet Muhammad peace be upon him described them as the MUSLIMS' BROTHERS/SISTERS as shown in the Saying above and the Muslims must feed them from the same food that they eat and dress them from the same cloths that they wear. But since they are now living in captivity to make up for the damage that they caused to the Muslims from money and lives, they can be treated as slaves, and in slavery, the master can sleep with any of his women that he desires. ...


Can a Muslim man rape his slave woman?
.....
Islam came to liberate all slaves and to end the Judeo-Christian and Pagan slavery that was practiced before Islam. When Allah Almighty made lawful for the Muslim men to have sex with their slave women, He did it to keep the Islamic society back then during Islam's weak, partial and venerable times under control. ...


Response to the "Proofs" that men can rape their slave-girls in Islam:
....
Even though Allah Almighty wanted the Muslim men to honor their slave women's desires to refusing to have sex, but He at the same time did not deprive the Muslim men the right from having sex with their slave women when they desire them. If all of the man's slave women desire to not have sex with him, and he is prohibited to enter upon any of them because of that, then this would be a total deprivation for the man and his rights. So, if a man makes it clear to the slave woman or women that he could and would have sex with them if he desires them, and uses some physical force if he needed to, then the message will be sent clearly to the women and he will find Allah Almighty Forgiving and Merciful for him. ...

However, if the man abuses his power, and forces himself upon his slave women excessively, then he is violating Allah Almighty's command to honor the women's desires to remain chaste.

I must remind you that Islam came to end slavery and Allah Almighty commanded the Muslims to grant their slaves their freedom if the slaves requested it ...

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Question: What is the meaning of right hand possession and what was the purpose of having them. Some brothers in America think it is okay to have right hand possessions now in the USA.

Answer: Right hand possessions (Malak-ul-Yameen) means slaves and maids, those came in possession of Muslims through war or purchase.

After having the possession of slave maid it is lawful and correct to have sexual relations with them.

Even today if Muslims get possession over infidel country, this condition is possible, lawful and correct.

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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. .......

..... If a woman is enslaved according to sharee'ah, it is permissible for her master to have intercourse with her .....

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.... The scholars are unanimously agreed that it is permissible. .... The wife has no right to object to her husband owning female slaves or to his having intercourse with them.

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[56] Question: What is the ruling concerning masturbation?

Answer: We have no doubts regarding the forbiddance of such a practice. And this is due to two reasons, the first of which is the saying of Allaah, the Most High, concerning the description of the believers:

"Successful indeed are the believers. Those who offer their prayer with full submissiveness. And those who turn away from false and vain talk. And those who pay the Zakaah. And those who guard their chastity – Except with their wives or (slaves) that their right hands possess, for (in that) they are free from blame. But whoever seeks beyond that, then those are the transgressors." [Surah Al-Mu’minoon: 1-8]

Imaam Ash-Shaafi'ee used this ayah as proof for the forbiddance of masturbating. This is since, in this ayah, Allaah has placed two ways for the true Believers to fullfill their desires - either by marrying free women or by enjoying the slave women and female war captives.

Then He says: "But whoever seeks beyond that, then those are the transgressors" meaning: Whosoever desires a way by which to transmit his desires, apart from these two ways of marriage and taking female war captives, then he is a transgressor and a wrongdoer.

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THIS NATION IS THE BEST NATION FOR THE PEOPLE
....

Allah says in another verse: [Did you not see the assembly of the sons of Israel after the time of Musa when they said to a Prophet of theirs: "Raise up for us a king, that we may fight in the path of Allah." He said: "Would you perhaps not fight then, if fighting were prescribed for you?" They said: "Why would we not fight in the path of Allah, and we have been exiled from our homes and our children?" Then, when fighting was prescribed for them, they turned their backs, all except a few, and Allah is in full knowledge of the wrong-doers.] Qur'an 2/246

Here we see that those speaking with this prophet cited the reason for their fighting that they had been exiled from their homes and their children. In spite of this, most of them failed to live up to their word, when in fact they were ordered to fight. For this reason, they were not allowed to keep any spoils of war, and were not allowed to take female captives as right-hand possessions.