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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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m (→‎Raping Prisoners of War: Added in another hadith on companions having sex with a slave girl taken from battle booty, with Muhammad saying he deserves more.)
(Replaced with standard verse translations, a few extra hadiths and better structure)
 
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==Qur'an==
==Qur'an==


{{quote | {{cite quran|2|222|end=223|style=ref}} |  
{{Quote|{{Quran-range|23|5|6|}}|And they who guard their private parts Except from their wives or those their right hands possess, for indeed, they will not be blamed -}}
They ask thee concerning women's courses. Say: They are a hurt and a pollution: So keep away from women in their courses, and do not approach them until they are clean. '''But when they have purified themselves, ye may approach them in any manner, time, or place ordained for you by Allah'''.


"Your women are a tilth for you (to cultivate) '''so go to your tilth as ye will''', and send (good deeds) before you for your souls, and fear Allah, and know that ye will (one day) meet Him. Give glad tidings to believers, (O Muhammad)."}}
{{Quote|{{Quran-range|70|29|30}}|And those who guard their private parts Except from their wives or those their right hands possess, for indeed, they are not to be blamed -}}


{{Quote|{{Quran|4|3}}| If ye fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, '''or (a captive) that your right hands possess.'''}}
{{Quote|{{Quran-range|33|50|52}}|'''O Prophet, indeed We have made lawful to you your wives to whom you have given their due compensation and those your right hand possesses from what Allah has returned to you [of captives]''' and the daughters of your paternal uncles and the daughters of your paternal aunts and the daughters of your maternal uncles and the daughters of your maternal aunts who emigrated with you and a believing woman if she gives herself to the Prophet [and] if the Prophet wishes to marry her, [this is] only for you, excluding the [other] believers. We certainly know what We have made obligatory upon them concerning their wives and those their right hands possess, [but this is for you] in order that there will be upon you no discomfort. And ever is Allah Forgiving and Merciful


{{Quote|{{Quran|4|24}}| "Also (prohibited are) women already married, '''except those whom your right hands possess''': Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise."}}
You, [O Muhammad], may put aside whom you will of them or take to yourself whom you will. And any that you desire of those [wives] from whom you had [temporarily] separated - there is no blame upon you [in returning her]. That is more suitable that they should be content and not grieve and that they should be satisfied with what you have given them - all of them. And Allah knows what is in your hearts. And ever is Allah Knowing and Forbearing.  


{{quote | {{cite quran|23|5|end=6|style=ref}} |
Not lawful to you, [O Muhammad], are [any additional] women after [this], nor [is it] for you to exchange them for [other] wives, even if their beauty were to please you, '''except what your right hand possesses.''' And ever is Allah, over all things, an Observer.}}
Who abstain from sex, '''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,}}


{{Quote|{{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; and daughters of thy paternal uncles and aunts, and daughters of thy maternal uncles and aunts, who migrated (from Makka) with thee; and any believing woman who dedicates her soul to the Prophet if the Prophet wishes to wed her;- this only for thee, and not for the Believers (at large); We know what We have appointed for them as to their wives and the captives whom their right hands possess;- in order that there should be no difficulty for thee. And Allah is Oft-Forgiving, Most Merciful.}}
{{Quote|{{Quran|4|24}}|'''And [also prohibited to you are all] married women except those your right hands possess.''' [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise."}}


{{quote | {{cite quran|70|22|end=30|style=ref}} |  
{{Quote|{{Quran|4|25}}|And whoever among you cannot [find] the means to marry free, believing women, '''then [he may marry] from those whom your right hands possess of believing slave girls.''' And Allah is most knowing about your faith. You [believers] are of one another. So marry them with the permission of their people and give them their due compensation according to what is acceptable. [They should be] chaste, neither [of] those who commit unlawful intercourse randomly nor those who take [secret] lovers. But once they are sheltered in marriage, if they should commit adultery, then for them is half the punishment for free [unmarried] women. This [allowance] is for him among you who fears sin, but to be patient is better for you. And Allah is Forgiving and Merciful.}}
"Not so the worshippers, who are steadfast in prayer, who set aside a due portion of their wealth for the beggar and for the deprived, who truly believe in the Day of Reckoning and dread the punishment of their Lord (for none is secure from the punishment of their Lord); who restrain their carnal desire (save with their wives '''and their slave girls''', for these are lawful to them: he that lusts after other than these is a transgressor..."}}
 
{{Quote|{{Quran|4|3}}|And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, '''then [marry only] one or those your right hand possesses.''' That is more suitable that you may not incline [to injustice].}}
 
{{Quote|{{Quran-range|2|222|223}}|And they ask you about menstruation. Say, "It is harm, so keep away from wives during menstruation. And do not approach them until they are pure. And when they have purified themselves, then come to them from where Allah has ordained for you. Indeed, Allah loves those who are constantly repentant and loves those who purify themselves."
'''Your wives are a place of sowing of seed for you, so come to your place of cultivation however you wish''' and put forth [righteousness] for yourselves. And fear Allah and know that you will meet Him. And give good tidings to the believers.}}


==Hadith==
==Hadith==
===Raping War Captives and Slaves===
====Concubines====
{{Quote|{{Al Nasai||2|12|1126}} (graded sahih)|It was narrated that Aishah said:
"I noticed that the Messenger of Allah (ﷺ) was missing and '''I thought he had gone to visit one of his concubines''', so I looked for him and found him prostrating and saying: 'Rabbighfirli ma asrartu wa ma a'lant (O Allah, forgive me for what (sin) I have concealed and what I have done openly).'"}}
{{Quote|{{Al Nasai|26|4|36|3411}} (graded sahih by Dar-us-Salam)|It was narrated from Anas, that '''the Messenger of Allah had a female slave with whom he had intercourse,''' but 'Aishah and Hafsah would not leave him alone until he said that she was forbidden for him. Then Allah, the Mighty and Sublime, revealed:
"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.}}
====Captives from Banu Al-Mustaliq====
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|{{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|{{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|3|34|432}}|Narrated Abu Said Al-Khudri:


===Raping Prisoners of War===
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|5|59|459}}|Narrated Ibn Muhairiz:  
Line 32: Line 54:
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====
{{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|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|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|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|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||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|{{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|{{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.}}
 
===Raping Slaves===


{{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."}}
====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.
{{Quote|{{Bukhari|3|34|432}}|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.}}
 
{{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|{{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|{{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."}}


===Punishments for Raping Slaves (Owned by Someone Else)===
===Punishments for Raping Slaves (Owned by Someone Else)===
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