> Female Slaves

[Qatada]

asalam alaikum



Bulugh al Maraam can be downloaded here;

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[Qatada]

asalaam alaikum

Question;

is it possible for a female slave to have an owner, but be married to another man other than her owner at the same time? The Qur'an says:

If any of you have not the means wherewith to wed free believing women, they may wed believing girls from among those whom your right hands possess: And Allah hath full knowledge about your faith. Ye are one from another: Wed them with the leave of their owners 4:25

However, Allah ta'ala also says that it's better to wait to marry a free woman:

This (permission) is for those among you who fear sin; but it is better for you that ye do patience 4:25

However, Allah ta'ala also says:

Also (prohibited are) women already married, except those whom your right hands possess 4:24

I always thought this was in reference to married women who the Muslims might have taken captive during battles.

However, if a female slave has a male master and is married to another male with the permission of her owner, is it permissible for both her husband and her owner to have sex with her, or through agreeing to her marriage does the owner forfeit sexual rights with her? Is that why marrying slaves is discouraged?




Answer;

By Ustadh Ayman bin Khaled;

If the slave -woman is married then her master cannot sleep with her.

If she was captive of war then she became slave-woman then her already established marraige before she became slave becomes void.

Having Sex With One's Married Slave - Multaqa Ahl al-Hadeeth

A fatwa on IslamQA;
[...]

To sum up: a marriage contract cannot be done between a master and his slave woman; she remains his possession and under his ownership and she does not become free thereby.

If a man wants to marry his slave woman, then he must manumit her first so that she will become free, then he may marry her.

The Prophet SAWS (peace and blessings of Allaah be upon him) said: “There are three who will be given a double reward: a man from among the people of the Book who believed in his Prophet, then lived to see the Prophet (S) and followed him and believed in him– he will have a double reward; and a slave who fulfils his duty towards Allaah and towards his master – he will have a double reward; and a man who had a slave woman whom he fed and fed her well, and taught her and taught her well, then he set her free and married her – he will have a double reward”

narrated by al-Bukhaari (97) and Muslim (154).

And Allaah knows best.

Islam Q&A

Islam Question and Answer

[optimist]

[al-boriqee]

your article is half way right and half way wrong.

the laws regarding the slaves were revealed by Allah to guide Muslims on how to deal with slavery if they come across it. It was not revealed to "eventually abolish slavery".

secondly, slavery can only be "acquired" upon the act of jihad. In other words, jihad of qitaal is the only act upon which slaves could be legally acquired because of the fact that it comes with the territory of the spoils of war which no nation is free of spoils of war if they win, it comes with the territory.

but the point is, mainly, is that the laws were not revealed in a manner that was to eventually abolish the very thing it was revealed, rather when laws are revealed, it is to guide Muslims in HOW they are suppose to act in such an instance as Allah's directives are itself guidance.

Had Allah intended the gradual prohibition of slavery, It would have occurred just like He performed ith alcohol. Alcohol's prohibition was done gradually in three stages, the third stage being the complete abandonment of it. ANd we have to consider that alcohol in that time was just as entrenched in their society, if not more so, than mere slavery.

in this regard, it is incumbant upon Muslims to hear this lecture regarding progressive thought in light of Qur'an, and to that extension, the sunnah

Making Progress with the Progressives -- Sh. Yasir Qadhi

Making Progress with the Progressives -- Sh. Yasir Qadhi

[al-boriqee]

I just noticed that brother Salman has deleted the material that you (optimist) posted for the reason of it being heretical in nature. I have to concur with my comrade on this point.

If you want to discuss, then bring your arguments and state it, rather than post an entire article of unIslamic thought. This way your post may not have to be deleted and there could actually be a discussion

[optimist]

Originally Posted by al-boriqee

If you want to discuss, then bring your arguments and state it, rather than post an entire article of unIslamic thought. This way your post may not have to be deleted and there could actually be a discussion

Salam,

If the following post is also a violation of forum rules, please delete the same. if it violates forum rules I promise I will not post any further comment on this thread.

The basic and fundamental teaching of the Quran is that subservience is due to Allah alone and not to any human or group of humans. The Qur'an unambiguously states that no man no matter how high a status he may occupy, be that status of a direct recipient of Divine messages even (Nabuwah) ,no human being has the right to enslave any other human or group of humans, says the Qur’an:

"It is not meet for a mortal that Allah should give him the Book and the wisdom and 'Nabuwah' (prophethood), then he should say to men: Be my slaves rather than Allah's; but rather (he would say): Be sustenance providers (Rabaniyoon) because of your teaching the Book and your studying (it yourselves)."(3:79)

Before the Quranic revelation, slavery prevailed all over the world. In those days it seemed perfectly normal for people to have slaves whom they had captured in war or purchased in the markets. But the Quran proclaimed the equality of all men in the sight of God.

“oh mankind, we have created you from a male and female and made you into nations and tribes that you may know one another”

Islam set in motion a gradual process of improvement in the status of those in bondage and culminating in the abolition of this institution. The process started with:

"…ye…may wed believing girls from among those whom your right hands posses….wed them with the leave of their owners, and give them their dower…"(4:25)

This conferred upon the slave girls all the rights and privileges of a wife. Verse 36 of Sura 4 brought another big change in the status of slaves by enforcing the obligation to do good to one’s parents and in the same breath, also to the slaves:

"…do ‘Ihsan’ (goodness) to parents …and (to) what your right hands posses."(4:36)

verse 60 of Sura 9 exhorts Believers to give monetary help to those in bondage in order to alleviate their economic status:

"Alms are for…those in Bondage.."(9:60)

Verses 2:177,4:29,5:89 etc make another quantum change in this matter by urging the believers to free those in the shackles of slavery:

"…But it is righteousness…to spend of your substance out of love for Him…for the ransom of slaves.."(2:177)

"And whoever kills a believer by mistake, it is ordained that he should free a believing slave.."(4:92)

"He will call you to account for your deliberate oaths: for expiation…give a slave his freedom.."(5:89)

According to Quran if a slave asks for his freedom ,the believer is left for no other choice but to accede to his request and is also required to help him with funds in order to rehabilitate him as a free man:

"And if any of your slaves ask you for a deed in writing (for emancipation) give them such a deed; If ye knew any good in them: yea, give them something yourselves out of the means which Allah has given to you…"*(24:33)

The main source of slaves, were prisoners of war. The Quran laid down that they should be set free either for a favor or as ransom for your own prisoners of war:

"So when you meet in battle those who disbelieve, then smite the necks until when you have overcome them, then make (them) prisoners, and afterwards either set them free as a favor or let them ransom (themselves) until the war terminates…"(47:4)

Thus the Quran has restricted the victor with either freeing prisoners for ransom (it could be even in exchange of muslims prisoners of war) or as a favor. There is no third choice given by the Quran, and thereby it has not only abolished slavery but abolished the very source of this evil, i.e. prisoners of war.


Wassalam


---------- Post added at 10:55 AM ---------- Previous post was at 10:47 AM ----------

Originally Posted by al-boriqee

in this regard, it is incumbant upon Muslims to hear this lecture regarding progressive thought in light of Qur'an, and to that extension, the sunnah

Making Progress with the Progressives -- Sh. Yasir Qadhi

Let me listen to this

thanks

wassalam

[salman]

^two things for you bro:

1 - You can post banned stuff in form of a question/clarification or needing help to refute it. You are not allowed to promote deviant beliefs or state them and attribute those to Islam. We may tolerate to a certain level so that the confusions and deviancy can be clarified but we can delete it if we find that there is no benefit in continuing such a discussion.

2 - Suppose Islam abolished prisoners of war, yet the sahaba continued this practice after the death of Allah's Messenger (sal-allahu 'alayhi wa sallam); amazing isn't!? The best people of the ummah went against the teachings of Islam and the same people from whom this religion come from! How can anyone trust this deen if it comes from people who went against its teachings!?