> Female Slaves

[salman]

^sister, there is nothing to be confused about. The confusion is only arises when we mix up different fiqhi issues together. There's difference between a man enjoying the physical intimacy with his own female slave and someone else's female slave!

1) To my knowledge on one on Multaqa said that marriage to your own slave is must and no one here said that marriage to your own slaves is encouraged

2) There is no need for marriage contract with your own female slave, whether you're married or not (to free or someone else's slave woman)

3) If a man can't marry a free woman then it is permissible for him to marry someone else's female slave

Wallahu A'lam

I hope this clarifies, insha'Allah!

[Aayah]

No brother.....someone here said that its encouraged in Islam, I am not sure if the brother meant about encouraging marriage in some other issues.

anyways, I am sorry for the late reply though


well, so let me sum up everything I got now.....Actually, I dont want this discussion to get any further

the man can have the physical intimacy with his own female slave....but if he want to marry her, he can do so without a marriage contract......

but here is a Side Note:
"I just read in islamweb that if the master want to marry his slave he can grant her the freedom as a dowry, or free her first without any return then marry her like any free woman by asking her first and give her a dowry"
إسلام ويب - مركز الفتوى - ملك اليمين إذا أسلمت فهل تعتق على سيدها


If the man die, the slave have the right in his inheritance as his own wife and she become free

If the slave gave birth to a child from her master the child have the rights to be raised in a good situation and he is responsible from his father.


one last question:

3) If a man can't marry a free woman then it is permissible for him to marry someone else's female slave

Does he have to offer a dowry? because the master need to free the slave first, right?

and from what I understand here is that if the single man cant afford marrying a free woman "for any reason" he can have the intimacy with his female slave.....correct me if I am wrong please


jazak Allah khair brother, you have been very patient with my continuous questions....I am very interested in this issue and I want to be ready for any question my friend may ask me. I have been looking in many sites "Arabic and English" about the issue

[salman]

^sister, let me just remind you that I'm not a talibul ilm and only a layman like yourself.

Originally Posted by Ayah

the man can have the physical intimacy with his own female slave

correct

Originally Posted by Ayah

but if he want to marry her, he can do so without a marriage contract

incorrect, in order to marry her, he first needs to free her and then marry her like a free woman, which means the full shari'i conditions regarding marriage are applied. This is exactly what the Shaykh said in the fatwa you quoted:

I just read in islamweb that if the master want to marry his slave he can grant her the freedom as a dowry, or free her first without any return then marry her like any free woman by asking her first and give her a dowry
Fatwa

Originally Posted by Ayah

If the man die, the slave have the right in his inheritance as his own wife and she become free

Wallahu A'lam, I don't know maybe you can point me to where it says this, insha'Allah.

Originally Posted by Ayah

If the slave gave birth to a child from her master the child have the rights to be raised in a good situation and he is responsible from his father.

correct, the slave's child(ren) rights on his/their father are exactly the same as a free woman's child(ren) rights on his/their father.

Originally Posted by Ayah

Does he have to offer a dowry? because the master need to free the slave first, right?

the ruling is same as it applies in case of a master wanting to marry his own female slave. The only difference in this case that the free man who wants to marry someone else's female slave can pay her dowry as her payment for freedom; basically the payment for her freedom can be considered her dowry. Or if he wishes, he can forget about her payment for her freedom and pay her extra dowry.

In some cases, it could be possible that the master out of love for his brother (in Islam) and to please Allah Ta'ala free the slave for nothing in return in which case the other man will have to pay her dowry as he didn't pay anything for her freedom.

Originally Posted by Ayah

and from what I understand here is that if the single man cant afford marrying a free woman "for any reason" he can have the intimacy with his female slave.....correct me if I am wrong please

correct, the intimacy with female slave is not bounded by whether someone is married or single.

Originally Posted by Ayah

jazak Allah khair brother, you have been very patient with my continuous questions....I am very interested in this issue and I want to be ready for any question my friend may ask me. I have been looking in many sites "Arabic and English" about the issue

barak Allahu feekee sister and may Allah Ta'ala increase us in knowledge, in a'aml (practice) and make us among those who understand the Sharee'ah, ameen. I personally don't like using the word "slave" as it has negative connotation and as in Sharee'ah we're talking about prisoners of war. Sister, regarding this issue, the main point to note is that the Sharee'ah provides us many incentives to free our slaves. In addition, the life style demanded by Sharee'ah for prisoners of war is far better and superior than any other culture or civilization can think of.

At the end of the day, we need to go back to basics: 1) By whose standards do we judge the Sharee'ah? and 2) Are those standards consistent?

If we (Muslims) study our history carefully, we'll realize why did we've so many sects in early centuries of Islam! Why did people differ on the issues of 'aqeedah (creed) let alone fiqh, so early in Islam (1st Century)? When we understand it, we'll come to know that they felt that Sharee'ah is inferior to other civilizations' set of rules etc or they felt we can use their understanding of the creation to explain Sharee'ah. Thus, they diverted from al-siraat mustaqeem and some even went out of fold of Islam.

Wallahu A'lam

[Aayah]

Originally Posted by salman

incorrect, in order to marry her, he first needs to free her and then marry her like a free woman, which means the full shari'i conditions regarding marriage are applied. This is exactly what the Shaykh said in the fatwa you quoted

I got this from your saying when I asked about the marriage contract
here:

Originally Posted by salman

2) There is no need for marriage contract with your own female slave, whether you're married or not (to free or someone else's slave woman)

you might did not get my question correctly at the beginning when I asked, sorry about that brother, but I got the idea now very well
jazak Allah khair

Originally Posted by salman

:Wallahu A'lam, I don't know maybe you can point me to where it says this, insha'Allah.

its here.............

Originally Posted by salman

3) The slave woman automatically becomes free if she gives birth to his master's child and the child automatically is treated as a child of a free woman i.e inheritance etc. A master can also marry her off to a free/slave man, in which case, she is free and becomes non-mahram to her ex-master.

or may be you meant the child in this case not the captive (the slave) herself.


jazak Allah khair brother

[salman]

^As-Salamu 'Alaykum

shukran alhamdulillah wa barakAllahu feekee

sorry if my wordings were incorrect or misleading. Let's just go over the points quickly:

1 - When I said: "There is no need for marriage contract with your own female slave, whether you're married or not (to free or someone else's slave woman)". I was simply trying to say that it doesn't matter whether a man is previously married or not, he can have physical intimacy with his female slave and he is not required to draw a marriage contract for it. I didn't mean that if he wants to marry her then he doesn't have to follow Sharee'ah rulings in regard to marriage.

In simplest term, the confusion arises when we mix up 2 different cases:

a) a man engaging in physical relationship with his female slave
b) a man marrying his own female slave or someone else's female slave

For a) it doesn't matter whether a man is previously married or not

For b) complete Sharee'ah rulings regarding marriage has to followed: doesn't have 4 wives, he must free her or earn her freedom (if she's someone else's slave) etc.

2 - I meant the child not the slave herself. She is free after his death and to my knowledge she would NOT be entitled to any inheritance as she was not his wife.

Wallahu A'lam

I hope this helps, insha'Allah

[Aayah]

Okay now I got the whole picture..............jazak allaj khair for clarification


I will make sure about the inheritance issue and see if I can have any references. If I found anything I will post it here for the benefit of the Ummah since this thread discussed many issues related to the wars female captives

[salman]

^barakAllahu feekee wa Jazak Allah kharian

I've edit my previous post as I made a mistake. I meant to say: "she would NOT be entitled to any inheritance as she was not his wife." Wallahu A'lam

[Qatada]

Emancipation chapter bulugh al maraam ibn hajar al askalaani; [chapter 15?]
Muhammad Syed Adly NOTES:
Audios2


intro;

3 types of freedom;


Al Mudabir; master promised freedom when master died.

Al Mukaatab; slave made contract to free himself when payed an agreed amount

also see tafsir of Surah Nur 24:33;
Tafsir.com Tafsir Ibn Kathir

Um al Walad; female slave had child [boy or girl] is then freed after death of owner.



Bukhari wa Muslim wa Nasa'i. Ansari man gave freedom to slave when he dies. na'im b. Abdalah payed 800 dirhams for him because man of debt. Mudabara type.


12330 no. Al Mukatab is still slave until pays full payment to free himself. tirmidhi, hassan? [time of talk 13mins.]



12331 no. Mukataba. Male slave treated as mahram to woman slave owner in her house (but no intimate relations allowed between them whatsoever) [he may have been referring to male slaves who have no desire i.e. they can't get erection.] - she doesn't need hijab infront of him since it would be hard for her to always cover infront of him in the house. But undone when he becomes a Mukaatib [makes contract to gradually pay himself for freedom].

male owner can have intercourse with his slave woman but no-one else can with her.


12332: ibn abas, abi dawud, nisai. if mukatib slave killed, his blood = worth of how much he has payed for his freedom.



Um al Walad; number 12333. From Juwairiyah, Bukhari, Rasoolallah had only mule, armor, and some land for charity when he died. hence um al walad; mariya qubtiya freed on death of Rasool Allah sal allah Alaihi wasalam (otherwise juwairiyah would say that mariyya is also the property of Rasool Allah at the time of his death). Mariyya had previously had ibrahim as a son from Rasulullah but he had died as a baby [on the day of eclipse.] No freedom if she had no child, instead she would be passed down as property to his family.


12335? Usman? or asma b. unays?.
Whoever prepares a mjhd or debtor in stres [hu tried to assist other debtors in stres] but he became unable to do so, or a mukatib needs funding for his freedom - allah will shade him under his throne on yawm al qiyama



Allahu a'lam

[Qatada]

asalam alaikum

Does Islam Permit Muslim Men to Rape Their Slave Girls?

Does Islam permit rape of female slaves or prisoners?

[Qatada]

asalaam alaikum


This might be better;

Bulugh Al Maraam, Ibn Hajar al Askalaani.


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