12562: What is a “right hand servant”? Does the owner of a “right hand servant” have to be married?
What is a right hand servant? Do you have to be married to have one? How can you finalize it and get one and state this person as your right hand servant?.
Praise be to Allaah. Firstly:
If Allaah enables the Muslim mujahideen to defeat kaafir enemies in war, then the men may be killed, ransomed, set free without ransom or enslaved. The choice between these four options is to be made by the ruler, according to what he thinks is the best course.
With regard to the women, they become slaves and “those whom one’s right hand possesses” (described as a “right hand servant” in the question). Male children also become slaves. The ruler shares out these slaves among the mujaahideen.
Shaykh al-Shanqeeti (may Allaah have mercy on him) said: The reason why a person may be taken as a slave is his being a kaafir and waging war against Allaah and His Messenger. If Allaah enables the Muslims who are striving and sacrificing their lives and their wealth and all that Allaah has given them to make the word of Allaah supreme over the kaafirs, then He allows them to enslave the kuffaar when they capture them, unless the ruler chooses to free them or to ransom them, if that serves the interests of the Muslims.
Adwa’ al-Bayaan, 3/387
Islam limited the sources of slaves which existed before the mission of the Prophet (peace and blessings of Allaah be upon him) to just one source, namely slavery resulting from capturing prisoners from among the kuffaar.
Islam treated female slaves more kindly in their enslavement than other cultures did. Their honour was not considered to be permissible to anyone by way of prostitution, which was the fate of female prisoners of war in most cases. Rather Islam made them the property of their masters alone, and forbade anyone else to also have intercourse with them, even if that was his son. Islam made it their right to become free through a contract of manumission; it encouraged setting them free and promised reward for that. Islam made setting slaves free an obligation in the case of some kinds of expiation (kafaarah), such as the expiation for accidental killing, zihaar (a jaahili form of divorce in which a man said to his wife, “You are to me as my mother’s back”), and breaking oaths. They received the best treatment from their masters, as was enjoined by the pure sharee’ah.
A mujaahid does not have to be married in order to gain possession of a “slave whom one’s right hand possesses.” None of the scholars expressed such a view.
If a mujaahid takes possession of a female slave or male slave, it is permissible for him to sell them. In either case – whether one acquires a slave through battle or through purchase – it is not permissible for a man to have intercourse with a female slave until she has had a period from which it may be ascertained that she is not pregnant. If she is pregnant then he must wait until she gives birth.
It was narrated that Ruwayfi’ ibn Thaabit al-Ansaari said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say on the day of Hunayn: “It is not permissible for any man who believes in Allaah and the Last Day to irrigate the crop of another else – meaning to have intercourse with a woman who is pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to have intercourse with a captured woman until he has established that she is not pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to sell any booty until it has been shared out.”
Narrated by Abu Dawood, 2158; classed as hasan by Shaykh al-Albaani in Saheeh Abi Dawood, 1890.
For many reasons, including the fact that the Muslims have long since given up jihad, slavery is now very rare. This means that the Muslims must be extra cautious by examining any case in which it is claimed that someone is a slave, whether male or female.
For more information see question no. 26067
And Allaah knows best.
At the present time, is it Halal to have a sexual intercourse with your Loundi (a female prisoner of war) without getting married to her?.
Praise be to Allaah. It is not permissible for a man to have intercourse with anyone except his wife or his female slave (concubine). A wife becomes permissible after shar’i marriage and a concubine becomes permissible to the man who owns her. She may originally be a prisoner of war, and a Muslim may obtain a concubine from the ruler or commander if he took part in fighting in jihad, or if he buys her from her owner. She becomes permissible for him by virtue of his ownership after it is established that she is not pregnant by waiting for one menstrual cycle, or until she has given birth if she is pregnant.
Allaah says (interpretation of the meaning):
“And those who guard their chastity (i.e. private parts, from illegal sexual acts)
6. Except from their wives or (the slaves) that their right hands possess, ـــ for then, they are free from blame”
It was narrated that Abu Sa’eed al-Khudri said: The Prophet (peace and blessings of Allaah be upon him) said, concerning the prisoners of Awtaas: “Do not have intercourse with a pregnant woman until she gives birth, or with one who is not pregnant until she has menstruated once.” Narrated by Abu Dawood, 2157. This hadeeth was classed as saheeh by Shaykh al-Albaani in Irwa’ al-Ghaleel, 187.
In the answer to question no. 10382 we have stated that Islam permits a man to have intercourse with his slave woman whether he has one or more wives or he is not married.
In the answers to questions no. 5707 and 12562 it states that female prisoners of war may be distributed by the commander in jihad, because he has the choice of either distributing them, or ransoming them or setting them free.
What did the true Jesus of the New Testament say?
Mark 10 v 2 And the Pharisees came to him, and asked him, Is it lawful for a man to put away his wife? tempting him. 3 And he answered and said unto them, What did Moses command you? 4 And they said, Moses suffered to write a bill of divorcement, and to put her away.5 And Jesus answered and said unto them, For the hardness of your heart he wrote you this precept. 6 But from the beginning of the creation God made them male and female.7 For this cause shall a man leave his father and mother, and cleave to his wife; 8 And they twain shall be one flesh: so then they are no more twain, but one flesh. 9 What therefore God hath joined together, let not man put asunder.
10 And in the house his disciples asked him again of the same matter. 11 And he saith unto them, Whosoever shall put away his wife, and marry another, committeth adultery against her. 12 And if a woman shall put away her husband, and be married to another, she committeth adultery.
So the marriage bond cannot be broken because a non-Muslim has defended himself against the jihadist aggression of the mujahadeen. Islam has no right to attack and take away the lives and possessions of non-Muslims and dissolve their marriages.
Thou shalt not covet. Thou shalt not steal. Thou shalt not kill. Thou shalt not commit adultery. Moses, who they falsely think is their prophet, will condemn them on the day of judgement.