Safiyah: Difference between revisions

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The Prophet stayed for three nights between Khaibar and Medina and was married to Safiya. I invited the Muslims to his marriage banquet and there was neither meat nor bread in that banquet but the Prophet ordered Bilal to spread the leather mats on which dates, dried yogurt and butter were put. The Muslims said amongst themselves, "Will she (i.e. Safiya) be one of the mothers of the believers, (i.e. one of the wives of the Prophet) or just (a lady captive) of what his right-hand possesses?" Some of them said, "If the Prophet makes her observe the veil, then she will be one of the mothers of the believers (i.e. one of the Prophet's wives), and if he does not make her observe the veil, then she will be his lady slave." So when he departed, he made a place for her behind him (on his camel) and made her observe the veil.}}
The Prophet stayed for three nights between Khaibar and Medina and was married to Safiya. I invited the Muslims to his marriage banquet and there was neither meat nor bread in that banquet but the Prophet ordered Bilal to spread the leather mats on which dates, dried yogurt and butter were put. The Muslims said amongst themselves, "Will she (i.e. Safiya) be one of the mothers of the believers, (i.e. one of the wives of the Prophet) or just (a lady captive) of what his right-hand possesses?" Some of them said, "If the Prophet makes her observe the veil, then she will be one of the mothers of the believers (i.e. one of the Prophet's wives), and if he does not make her observe the veil, then she will be his lady slave." So when he departed, he made a place for her behind him (on his camel) and made her observe the veil.}}


As such it would appear that Muhammad broke the rules of Islamic 'iddah in order to have sex with Safiyah so soon after he had tortured her husband to death. The issue is muddied, though, since that in Islamic law, the capturing of a married woman makes her marriage annulled. Thus she doesn’t have to observe the Iddah. To make sure she isn’t pregnant, it’s enough for her to menstruate for once. After that the owner can have sex with her. The encyclopedia of unanimous Islamic rulings says: “Al-Balluti (d.355 AH) said: Scholars have unanimously agreed on the annulment of the marriage of a captured woman whose husband lives in a land of war (i.e. uncontrolled by Muslims), and that her owner can have sex with her after she menstruates for once only.” <ref>Mawsu'at Al-Ijma' Fil-Fiqh Al-Islami, Al-Maktabah Al-Shamilah, published by Dar Al-Fadhilah, 2012, vol.6 p.255
As such it would appear that Muhammad broke the rules of Islamic 'iddah in order to have sex with Safiyah so soon after he had tortured her husband to death. The issue is muddied, though, since in traditional Islamic law, capturing a married woman makes annules her marriage, and thus she wouldn't need to observe the 'Iddah. In order to ensure she is not pregnant, a single menstrual cycle suffices for a captured slave girl. After this single menstrual period her new owner can proceed to have sex with her. The encyclopedia of unanimous Islamic rulings says: “Al-Balluti (d.355 AH) said: Scholars have unanimously agreed on the annulment of the marriage of a captured woman whose husband lives in a land of war (i.e. uncontrolled by Muslims), and that her owner can have sex with her after she menstruates for one time only.” <ref>Mawsu'at Al-Ijma' Fil-Fiqh Al-Islami, Al-Maktabah Al-Shamilah, published by Dar Al-Fadhilah, 2012, vol.6 p.255
 
موسوعة الإجماع في الفقه الإسلامي، دار الفضيلة الطبعة الأولى، المكتبة الشاملة، ج6 ص255
موسوعة الإجماع في الفقه الإسلامي، دار الفضيلة الطبعة الأولى، المكتبة الشاملة، ج6 ص255
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