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cat eyes
07-10-2010, 04:14 PM
:sl:

http://www.islamqa.com/en/ref/10382

i always hear scholars saying any rule that applied then it still applies now such as men having four wives so did the scholar actually mean its allowed for men nowadays to have sex with other women who are not his wife if they agree to it to be his slave?

i hope the mods don't mind i just thought some one can explain more better. jazakAllah khayr
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cat eyes
07-10-2010, 04:41 PM
actually my common sense tells me islam wouldnt allow this today lol

it was allowed back then because islam had not yet abolished slavery

mods close this thread please:embarrass
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glo
07-10-2010, 04:48 PM
I found this with regards to your question, cat eyes.

Thus, it was a war custom in the past to take men and women as captives and then turn them into slaves. Islam did not initiate it, rather, it was something in practice long ago before the advent of Islam. And when Islam came, it tried to eradicate this practice, bit by bit. So it first restricted it to the reciprocal practice of war, in the sense that Muslims took war captives just as the enemies did with Muslims.

[...]

But, we have to stress that this case should not be confused with that of female servants or maids, for they are free and not slaves. Therefore, it is forbidden to engage in sexual relations with them except through an Islamic marriage.

Slavery has been abolished by international conventions, and goes in line with aims and objectives of Islam, as it has called for centuries ago.
Source: islamonline
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Dagless
07-10-2010, 04:48 PM
Originally Posted by cat eyes
if they agree to it to be his slave?
Do people agree to be slaves? I thought it was something imposed rather than agreed to. Otherwise you would not have to set them free, they could set themselves free.
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cat eyes
07-10-2010, 04:58 PM
Originally Posted by Dagless
Do people agree to be slaves? I thought it was something imposed rather than agreed to. Otherwise you would not have to set them free, they could set themselves free.
haha yeh i had just figured that out myself.

i can't help being blonde sorrry ;D

thanks glo :)
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Salahudeen
07-10-2010, 05:07 PM
Originally Posted by Dagless
Do people agree to be slaves? I thought it was something imposed rather than agreed to. Otherwise you would not have to set them free, they could set themselves free.
In that time the woman had the option of going free I believe, they simply had to request their owner to set them free and he had to release them with a hansome provision. However since the slave girl came from a tribe who had been annihilated during the war, she had no where to return to hence she had two options, to fend for herself in the society with no family or carer and most likely be forced into prostitution in order to earn her lively hood or be a slave girl and have virtually the same benefits as a wife gets.

The only man who was allowed to have sexual relations with the slave girl was her owner, and this was only with her permission he was not allowed to rape her, and any children that came from the slave girl had exactly the same rights as children that came from marriage. For example the children of a slave girl could inherit their fathers property and had the same rights as his other children from marriage

Also my understanding is that there has to be in conditions in place, you can't just go out on the street and grab a girl and make her you're slave. In the time of the prophet pbuh the slave girl was assigned to a family by the state. And this was only when the captives had no family to return to and look after her, when she could not be ransomed back because she had no where to return to, the only option was to let her fend for herself in society or assignn her to a family that has to take care of her.
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Salahudeen
07-10-2010, 05:14 PM
One of our brothers has asked this question:
I want to understand the concept of concubines in Islam. Somehow or other the concept is
pushed under the rug, whenever I have to tried to bring it up at various places.
These are my concerns:
Ø What is a concubine?
Ø What is their status in a man’s life, esp a married person’s life?
Ø What is the status of the offsprings of this relationship-- to the man, in
their lives, wealth and will etc?
Ø Does she have to be a muslima, or the religion in this relationship is not
of concern?
Ø How is this any different from the modern days concept of
mistress/prostitution/adultery?

A very authentic Hadith narrates that: Take care of whatever is in between your teeth (ie tounge) and whatever is in between your thighs and I promise you Jannah.”

According to Sahih Bukhari Rasool Allah (saws) used to teach the young teenagers, that tell me and I will get you married to anyone you want, however do not do the Sin of Zinna.

As per the above narrations it is quite obvious that the only kind of sexual relations acceptable in Islam are those of the married couples. But then time and time again I come to read the fact that Rasool Allah (saws) used to have one or two concubines too, aside from his 13 wives? This is very confusing, please explain.
(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in confidentiality.)

ANSWER:
The concept of slave girls in Islam

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and who-ever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

May Allah bless you and reward you for asking this question. It is true that a lot of people push this subject ‘under the rug’ and do not understand it or are sometimes ashamed of this concept. That is because, today’s society and behavior is absolutely different from the conditions prevalent 1400 years ago at the time of Revelation of the Quran. There is no place on earth where this concept is practiced today, thus to really understand the concept in its entirety, we must try to imagine the times of the Revelation of the Glorious Quran.

Since time immemorial, slavery was an accepted practice; thus it was not Islam that started this practice, but rather Islam was the first system to inculcate the freedom of slaves and take steps to make them equal citizens of society. Slavery was abolished in modern society only a couple of centuries ago, and was openly practiced in almost all parts of the civilized world even until the early 1900s. But Islam made it a virtue to free slaves, and inculcate them into society as equal citizens, almost 1400 years ago! So, how did people (men and women) become slaves?

There were several ways in earlier times how a free person would become a slave.

The already existent slaves and their offspring were also considered slaves. People used to steal children and then sell them as slaves in another place. One tribe would attack another tribe, kill the men, and take the women and children as slaves and then sell them as war-booty.

This practice was prevalent all over the world at the times, thus we must remember that Islam neither started it, nor encouraged it. Islam, in fact closed almost all the doors on how a free man becomes a slave, and in reality opened all the doors to free these slaves and make them responsible members in society. Islam was instrumental in eradicating slavery and made it a virtue and a means of reward from Allah to free slaves and inculcate them into society.

The Messenger of Allah (saws) declared it a sin to kidnap any free man, woman or child and make them slaves. After the wars, the Prophet (saws) used to exchange the Prisoners of War if both the warring parties agreed to it. If not, the captives were set free by taking a ransom for them. If the slaves or their families could not afford the ransom, most times the Prophet (saws) showed generosity and released them without any ransom. Only if none of the above were possible, and the captives had no place to return to, then these captives were made slaves and all efforts were taken to inculcate them into the existing Islamic Society.

In some instances, when the enemy was still at war, there was always a fear that if the Prisoners of War were released, they would go back and join their armies and attack the Muslims again. During these times, the Messenger of Allah (saws) allowed the prisoners to be taken as slaves as was the prevalent system of the times. Rather than put them in jail, the slaves were distributed to each household and they were responsible for the welfare of the slaves. The Messenger of Allah (saws) exhorted the believers to feed them what they ate themselves, and dress them in the clothes that they themselves dressed.

Thus, there arose a issue with the women who were captured as Prisoners of War, and were not exchanged, nor ransomed, nor had any place to return to. Most times the wars were with tribes, and whoever won these wars, the losing tribes were completely annihilated. Thus there was no place to send the Prisoners of War back to, and it became imperative that these people were inculcated within the society. Thus there were two choices left with the slave girls: Leave them alone in society with no family and no protection. Give them under the guardianship and protection of an existing family.


Option-1. Leave them alone in society with no family and no protection.

This would not have been a good option. There was obviously a fear that these women, who had absolutely no family and tribe to protect or feed them, would start immoral practices if left to fend for themselves. And because no one could determine their lineage, no honorable person at that time would marry them outright. And also it would not be right to just leave these women, who had absolutely no means, no family, and no protection in a foreign land.


Option-2. Give them under the guardianship of an existing family.

The state would determine which slave girl to which household. Neither the people who received the slave girl, nor the slave girl had a choice. Whatever was allotted by the state was received by them. This was considered the best and novel system to eradicate slavery and accept the slaves as members of society. We must not try to imagine this system of distribution and acceptance in today’s society, but rather 1400 years at the time of the Prophet (saws). The training and discipline of the noble companions of the Prophet (saws), and the true Islamic society which was created in light of the Holy Quran and the guidance of the Messenger of Allah (saws) must be kept in view to get a full picture of the condition of the times.

Your comment: What is a concubine?

The slave girl that was allotted by the state to the respective household, thus became the consort of one member of the household. Only this person was allowed to have a sexual relationship with this slave girl. The difference between this person’s wife and the slave girl was that his wife came into his house through the proper marriage contract (Nikaah), and the slave girl was allotted by the state.

Your comment : What is their status in a man’s life, esp a married person’s life?

The status was like his wife. Only the person who was allotted the slave girl was allowed to have a sexual relationship with her. If the slave girl was allotted to the father, then the brothers or the sons had absolutely no right towards this girl. The other difference was that the Islamic law of equality of time and sustenance did not apply between the wives and the slave girl.


Your comment: What is the status of the offsprings of this relationship-- to the man, in their lives, wealth and will etc?

The children were exactly like the other children from the person’s legally wedded wife. They were to be given exactly the same rights as his other children. The children of the slave girl would inherit the property exactly as the other children. There was absolutely no difference amongst the children. And once any slave girl bore a child, she could not be sold to anybody else and thus became a permanent member of the household.


Your comment: Does she have to be a muslima, or the religion in this relationship is not of concern?

No, this slave girl did not have to be a Muslima. In fact, all the wars fought were between the Muslims and the non-believers, thus most of these slave girls were non-Muslims. But through this system of allocation, this woman was encompassed into Islamic society, and because of the behavior and character of the Muslims of the times, the woman, more often than not, would accept Islam.


Your comment: How is this any different from the modern days concept of
mistress/prostitution/adultery?

There is a huge difference between the slave girls of those times and the system of prostitution which is so prevalent as a disease in today’s society. The slave girl was a social issue of the times, which if not solved by Islam would give rise to adultery and prostitution.

In prostitution, the woman sells here services for a fee to anyone who is willing topay! The slave girl was taken into a household as a full member.

In prostitution, the woman has sexual relationships with many men! The slave girl would have sexual relations only with the person she was given to; very similar to the husband-wife relationship, the only difference being that the wife came into the house through a marriage contract, and the slave girl was allotted to the person by the state.

Prostitution is a result of illegal lust, and is a huge sin in the eyes of Allah. The allocation of slave girls was a issue of the times to envelope the woman taken as slaves in a war into the Islamic society.

Prostitution and adultery do not have any responsibility attached to it! The man- woman have a one-off relationship and depart. The slave girls were a responsibility of the person, who spent on them, gave them a place to live, fed them, clothed them, and raised their children as his children. The children from adultery and prostitution are regarded as born out of wedlock and grow up without the name and without the shadow of a father. The children of the slave girls were known as the children of the person, grew up with his other children, and had exactly the same rights and inheritance as the other offspring. The system of slave girls was accepted and respected by the Islamic society of the times. The slave girl was treated like his wife, and the children from these slave girls were treated like their children by society. No religion, no state, no moral society accepts and respects the institutions of prostitution and adultery. This is a disease of society and every moral society has tried to eradicate this disease with little success.

Again, I reiterate that this system of slaves was not started by Islam, but was prevalent in the society in those times. Islam tried to encompass the slaves into Islamic society and gave them the respect and honor of being equal members and citizens of society. Almost all the doors and ways of creating new slaves were closed, and several options were created to free these slaves and entwine them into the Islamic society. It was considered a virtue in Islam to free slaves and a means of great reward from Allah Subhanah. Islam created a society whereby the compensation for repentance for many sins like murder, breaking of promises, missing of fasts, etc. was the freeing of slaves. In this way, Islam created an environment whereby slaves were made free and allowed to inculcate themselves into the normal Islamic society. We must be careful not to look into this ‘slave-girls’ issue in isolation, but rather look at the whole picture of the Islamic society at the time of the Messenger of Allah (saws). The training, the discipline, the character, and the morals of the noble companions was a direct result of their association and teachings and guidance of the Prophet (saws) himself. The values and degree of ‘Taqwa’ (God consciousness) and the love for the promised Paradise was so great amongst the noble companions of the Messenger of Allah (saws), that the system of justice and morality of the times just cannot be compared to today’s un-Godly times! One must not compare the slaves in Islam to the slaves taken by the modern colonists, who captured any free man in sight in the occupied territories like Africa, chained them and shipped them to their countries and treated them worse than animals! Among the slaves of Islam were people of stature like Hadrat Bilaal (r.a.), Hadrat Ammar bin Yasser (r.a.), Hadrat Salman al Faarsi (r.a.) and Hadrat Zaid bin Haritha(r.a.), the freed slave and adopted son of the Messenger of Allah (saws) himself. The status of Hadrat Zaid bin Haritha (r.a.) is such that he is the only companion of the Prophet (saws) who is mentioned by name by Allah in the Holy Quran. Thus the concept and picture of the slavery as practiced by the west, is absolutely different from the concept of slaves in Islam!


Your comment: But then time and time again I come to read the fact that Rasool Allah (saws) used to have one or two concubines too, aside from his 13 wives?

The Messenger of Allah (saws) had 11 wives in total during his lifetime, and themost wives he had at any one time were nine. Some of the allotted captives of war and slave girls, became his noble wives and received the title and honor of being called the ‘mother of the believers’ by Allah Himself in the Holy Quran. Amongst them was Hadrat Saffiyyah, who was a Jew. She was allotted to the Prophet (saws) as a slave girl, converted to Islam and was married to the Messenger of Allah (saws). Another of his wives who came as a slave and was allotted to the Prophet (saws) was Hadrat Jawarriyah (r.a.) from the tribe of Banu Haris. She too converted to Islam and was married to the Messenger of Allah (saws). He also had a couple of slaves girls whom he did not marry, like Hadrat Maria Kibtia and Hadrat Rehaana, for reasons best known to Allah and His Messenger (saws). But the scholars are unanimous in their opinion that the Messenger of Allah (saws) treated them with love and respect exactly like his other wives. And even after the death of the Prophet (saws), these slave girls of the Prophet (saws) did not marry anybody else like his wives, and they were respected by the muslims in the same honor as the other wives of the Prophet (saws).

And Allah Alone Knows Best and He is the Only Source of Strength. May Allah guide you and us all to the Siraat al-Mustaqeem.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.
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Salahudeen
07-10-2010, 05:51 PM
4- Can a slave request his freedom from his Muslim owner?

The Noble Quran not only allows slaves to request their freedom from their Muslim masters, but also orders the Muslim masters to pay the slaves money to help them stand on their feet and to be able to face life with a good jump start.

Let us look at Noble Verse 24:33 "Let those who find not the wherewithal for marriage keep themselves chaste, until God gives them means out of His grace. And if any of your slaves ask for a deed in writing (to enable them to earn their freedom for a certain sum), give them such a deed if ye know any good in them: yea, give them something yourselves out of the means which God has given to you. But force not your maids to prostitution when they desire chastity, in order that ye may make a gain in the goods of this life. But if anyone compels them, yet, after such compulsion, is God, Oft-Forgiving, Most Merciful (to them)," In this Noble Verse, we see that if a slave requests his freedom from his Muslim master, then his master not only must help him earn his freedom if there is good in the Slave, but also pay him money so the slave can have a good start in his free life.

Prophet Muhammad peace be upon him also said:

Narrated Abu Musa Al-Ash'ari: "The Prophet said, "Give food to the hungry, pay a visit to the sick and release (set free) the one in captivity (by paying his ransom)." (Translation of Sahih Bukhari, Food, Meals, Volume 7, Book 65, Number 286)"

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.

Now that after we've seen how Islam orders the Muslims to free the slaves whenever it is possible and also whenever the Slave requests his/her freedom, and to treat them as our brothers and sisters, then it is quite obvious that Islam is a religion that DOES NOT LIKE SLAVERY AND ENSLAVING PEOPLE.

We can now look at how Muslims can live with their Captives of Wars to understand the situation better. Back in those days, in most cases of battles, the defeated tribe would have lost many of its men in the battle field, leaving behind the elderly, women and their children.

Everyone is now living under the Islamic ruling. Islam is never to be forced upon any human being; "Let there be no compulsion in religion: Truth stands out clear from error....(The Noble Quran, 2:256)" Also "Say, 'The truth is from your Lord': Let him who will believe, and let him who will, reject (it)....(The Noble Quran, 18:29)" Every captured Pagan Arab had the freedom to continue following his/her religion as they wish. However, since now they lived under the Islamic ruling, and they showed a great deal of offense to the Muslims, by declaring wars on the Muslims along with the rest of the Arab Pagan tribes, and lost so many of their men and money for the war, then their situation now is quite different.

For those of the Pagans who could afford to pay "Jizya" or "Taxes", then they would not be Captives of War and their life would continue as it was. However, for those who could not afford to pay "Jizya" or "Taxes", then they would be taken as Captives of War. They would serve the Muslims and the new ruling that they live in, until they bring back the losses that they brought to the Muslims.

Keep in mind that Allah Almighty allowed for the Captives of Wars to request and be granted their Freedom as shown in the Noble Verse 24:33 above.

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.

Also, in the Bible's Deuteronomy 20:13-14, in which it clearly gives orders to kill all the men and to take all of the women and children as slaves. No where in the Noble Quran do we have any order to kill any innocent life.
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Salahudeen
07-10-2010, 05:58 PM
8- Can a Muslim man rape his slave woman?

Below are three English translations to the Noble Verse where Allah Almighty commands the Muslim men to not force their slave women into sex.

The following translations were taken from http://mama.stg.brown.edu/webs/quran...r/pqeasy.shtml

Translation: Yusufali:
"Let those who find not the wherewithal for marriage keep themselves chaste, until God gives them means out of His grace. And if any of your slaves ask for a deed in writing (to enable them to earn their freedom for a certain sum), give them such a deed if ye know any good in them: yea, give them something yourselves out of the means which God has given to you. But force not your maids to prostitution when they desire chastity, in order that ye may make a gain in the goods of this life. But if anyone compels them, yet, after such compulsion, is God, Oft-Forgiving, Most Merciful (to them), (The Noble Quran, 24:33)"

Translation: Pickthall:
"And let those who cannot find a match keep chaste till Allah give them independence by His grace. And such of your slaves as seek a writing (of emancipation), write it for them if ye are aware of aught of good in them, and bestow upon them of the wealth of Allah which He hath bestowed upon you. Force not your slave-girls to *****dom that ye may seek enjoyment of the life of the world, if they would preserve their chastity. And if one force them, then (unto them), after their compulsion, lo! Allah will be Forgiving, Merciful. (The Noble Quran, 24:33)"

Translation: Shakir:
"And let those who do not find the means to marry keep chaste until Allah makes them free from want out of His grace. And (as for) those who ask for a writing from among those whom your right hands possess, give them the writing if you know any good in them, and give them of the wealth of Allah which He has given you; and do not compel your slave girls to prostitution, when they desire to keep chaste, in order to seek the frail good of this world's life; and whoever compels them, then surely after their compulsion Allah is Forgiving, Merciful. (The Noble Quran, 24:33)"

In all three translations, we clearly see that if the slave woman desires to keep chaste, then her Muslim master must not compel her into sex. It might sound odd to us today, but pagans back then were used to having sex with and raping their slave girls, even the ones who were married:

Narrated Jabir ibn Abdullah: "Musaykah, a slave-girl of some Ansari, came and said: My master forces me to commit fornication. Thereupon the following verse was revealed: "But force not your maids to prostitution (when they desire chastity). (24:33)" (Translation of Sunan Abu Dawud, Divorce (Kitab Al-Talaq), Book 12, Number 2304)"

In Islam, men are not allowed to rape their slave-girls. Allah Almighty clearly prohibited it in Noble Verse 24:33. In Islam, slavery is also not allowed. Please visit The liberation of slaves in Islam, to see how Islam gradually ended the Judeo-Christian and pagan slavery.

I was told by a Muslim scholar before along time ago that the Arab pagans used to sometimes offer their wives for several nights to the rich and powerful men in the tribe to win their support and make them become more secured in the monopolizing and unmerciful pagan society.

So to women back then, it was something normal for a married slave woman to sleep with her master. It was something normal in the society at that time.

Allah Almighty in the Noble Quran not only allows for the slave man or woman to earn their freedom from their Muslim master, and receive money from their Muslim master to help them start their free life, but also commands the Muslim men to not compel their slave women into sex.

Prophet Muhammad peace be upon him also said:

Narrated Abu Musa Al-Ash'ari: "The Prophet said, "Give food to the hungry, pay a visit to the sick and release (set free) the one in captivity (by paying his ransom)." (Translation of Sahih Bukhari, Food, Meals, Volume 7, Book 65, Number 286)"

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.

Also, if any compulsion was made unto the slave woman, then Allah Almighty will add more mercy and forgiveness unto her in the Day of Judgement. Below is the commentary on this exact section and point in Noble Verse 24:33 by Minister (Sheikh) Abdullah Yusuf Ali; may Allah Almighty rest his soul:

"The poor unfortunate girls, who are victims of such a nefarious trade (i.e., slave trade), will yet find mercy from Allah, whose bounties extend to the lowest of His creatures." [2]

There are other Noble Verses in the Noble Quran where Allah Almighty grants forgiveness and mercy to those who had been forced into illegal things:

"He hath only forbidden you Dead meat, and blood, And the flesh of swine, And that on which Any other name hath been invoked Besides that of Allah. But if one is forced by necessity, Without willful disobedience, Nor transgressing due limits -- Then is he guiltless. For Allah is Oft-Forgiving, Most Merciful. (The Noble Quran, 2:173)"

"Why should ye not Eat of (meats) on which Allah's name hath been Pronounced, when He hath Explained to you in detail What is forbidden to you -- Except under compulsion Of necessity? But many do mislead (men) By their appetites unchecked By knowledge. Thy Lord Knoweth best those who transgress. (The Noble Quran, 6:119)"

So the answer to the question is: No, the Muslim man can not rape his slave woman according to the commands of Allah Almighty in the Noble Quran.
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