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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{{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|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|{{Abu Dawud|2|2150}}|"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 in the presence of their husbands who were unbelievers. 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}}|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.|See also Abu Dawud vol.2 no.2154}}
{{Quote|{{Abu Dawud|11|2153}}|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.|See also Abu Dawud vol.2 no.2154}}
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{{Quote|{{Abu Dawud|31|4006}}|Narrated Mu'awiyah ibn Haydah: I said: Apostle of Allah, from whom should we conceal our private parts and to whom can we show? He replied: conceal your private parts '''except from your wife and from whom your right hands possess (slave-girls)'''...}}
{{Quote|{{Abu Dawud|31|4006}}|Narrated Mu'awiyah ibn Haydah: I said: Apostle of Allah, from whom should we conceal our private parts and to whom can we show? He replied: conceal your private parts '''except from your wife and from whom your right hands possess (slave-girls)'''...}}
===Punishments for Raping Slaves (Owned by Someone Else)===
Apologists point to a certain incident narrated in Abu Dawud and Nasai'i against rape of slaves. However, these hadiths concern slaves owned by someone other than the rapist, and reparations is due to the owner in the form of a replacement slave or the amount by which the slave's value has been depreciated. The authenticity of hadiths concerning this incident are graded da'if (weak) by al-Albani, while Dar-us-Salam grade them hasan (good).
{{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}}.
In another version of the incident, the rapist of his wife's slave is to be punished by flogging.
{{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}}.
Additionally, Malik in his Muwatta is reported as commenting:
{{Quote|{{Muwatta|36||14}}|Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride- price. Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him.}}
The mention of paying the depreciation in her value implies that as with the other hadiths, this concerns only slaves owned by someone else rather than by the rapist.


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