Rape in Islam, From WikiIslam, the online resource on Islam

Islam allows a man to have intercourse with his slave woman, whether he has a wife or wives or he is not married…Whoever regards that as haraam is a sinner who is going against the consensus of the scholars.

Definitions

Rape

rape [reyp] noun, verb, raped, rap·ing.noun

  1. the unlawful compelling of a person through physical force or duress to have sexual intercourse.
    Rape
    Dictionary.com

Duress

In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat or other pressure against the person. Black’s Law Dictionary (6th ed.) defines duress as “any unlawful threat or coercion used… to induce another to act [or not act] in a manner [they] otherwise would not [or would]”. Duress is pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform. The notion of duress must be distinguished both from undue influence in the civil law and from necessity.Duress has two aspects. One is that it negates the person’s consent to an act, such as sexual activity or the entering into a contract; or, secondly, as a possible legal defense or justification to an otherwise unlawful act.[1] A defendant utilizing the duress defense admits to breaking the law, but claims that he/she is not liable because, even though the act broke the law, it was only performed because of extreme unlawful pressure.[2] In criminal law, a duress defense is similar to a plea of guilty, admitting partial culpability, so that if the defense is not accepted then the criminal act is admitted.

Duress or coercion can also be raised in an allegation of rape or sexual assault to negate a defense of consent on the part of the person making the allegation.

Duress
Wikipedia

Qur’an

There is no equivalent term for ‘rape’ in the Qur’an. Likewise, there is not a single verse in the Qur’an which even remotely discourages forced sex. In contrast, there are several verses in this book which give the green light to rape and other sexual crimes against women.

Surah an-Nisa discusses lawful and forbidden women for pious Muslims. Before we delve into the particular verse, it should be noted that it is not easy to understand what is being suggested using the verse alone. Therefore, relying on authoritativeTafsirs (Qur’an interpretations) and Sahih (authentic) Hadiths associated with it, are necessary to get the exact picture.

Verse 4:24

Also (forbidden are) women already married, except those whom your right hands possess. Thus has Allah ordained for you. All others are lawful, provided you seek them from your property, desiring chastity, not fornication. So with those among them whom you have enjoyed, give them their required due, but if you agree mutually after the requirement (has been determined), there is no sin on you. Surely, Allah is Ever All-Knowing, All-Wise.

What we see in the beginning of this verse as “forbidden” refers to sexual intercourse. The Qur’an dictates, women already married are forbidden for Muslims except those whom their right hands possess (sex slaves).

Context

It is important to know the context of this verse, as it sheds light onto the nature of allowance. If we go through a Sahih Hadith in Sunan Abu Dawud:

Abu Said al-Khudri said: “The apostle of Allah 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 were reluctant to have intercourse with the female captives in the presence of their husbands who were unbelievers. So Allah, the Exalted, sent down the Quranic 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.” [The Quran verse is 4:24] [3]

Abu Dawud 11:2150

Here in the above hadith, we are told why verse 4:24 was revealed to Muhammad. It was to encourage his fighters, who were reluctant, to have sexual contacts with female captives even while their husbands were alive as prisoners of war. This is made clear when we read:

“Some of the Companions of the apostle of Allah were reluctant to have intercourse with the female captives in the presence of their husbands who were unbelievers.”

The Abu Dawud hadith is confirmed by the two Sahih collections, namely Sahih Bukhari and Sahih Muslim.

In Sahih Bukhari we read:

Narrated Ibn Muhairiz: 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.”

Similarly in Sahih Muslim:

Abu Sa’id al-Khudri reported that at the Battle of Hunain Allah’s Messenger 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 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 (Quran 4:. 24)” (i. e. they were lawful for them when their ‘Idda period came to an end).

There is an entire chapter devoted to this in the Sahih Muslim collection. The title of the chapter speaks in volumes as we read:

Sahih Muslim. Chapter 29: Title: It is permissible to have sexual intercourse with a captive woman after she is purified of menses or delivery. In case she has a husband, her marriage is abrogated after she becomes captive.

Ibn Kathir, the most prominent of all Qur’an interpreters, had this to say in regards to verse 4:24:

The Ayah (verses) means Also (forbidden are) women already married, except those whom your right hands possess.), you are prohibited from marrying women who are already married, except those whom your right hands possess) except those whom you acquire through war, for you are allowed such women after making sure they are not pregnant. Imam Ahmad recorded that Abu Sa`id Al-Khudri said, “We captured some women from the area of Awtas who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet about this matter, and this Ayah (verse) was revealed, Also (forbidden are) women already married, except those whom your right hands possess). Accordingly, we had sexual relations with these women.” (Alternate translation can be: as a result of these verses, their (Infidels) wives have become lawful for us) This is the wording collected by At-Tirmidhi An-Nasa’i, Ibn Jarir and Muslim in his Sahih.

Similarly in Tafsir al-Jalalayn (Qur’an interpretation by two Jalals namely: Jalaluddin Mahalli and Jalaluddin Suyuti):

And, forbidden to you are, wedded women, those with spouses, that you should marry them before they have left their spouses, be they Muslim free women or not; save what your right hands own, of captured [slave] girls, whom you may have sexual intercourse with, even if they should have spouses among the enemy camp, but only after they have been absolved of the possibility of pregnancy [after the completion of one menstrual cycle]; this is what God has prescribed for you.

Qur’an 4:24
Tafsir al-Jalalayn

The tafsir attributed to Ibn Abbas, Muhammad’s paternal cousin, further confirms:

And all married women (are forbidden unto you save those (captives) whom your right hands possess) of captives, even if they have husbands in the Abode of War, after ascertaining that they are not pregnant, by waiting for the lapse of one period of menstruation. (It is a decree of Allah for you) that which I have mentioned to you is unlawful in Allah’s Book.

Qur’an 4:24
Tafsir ‘Ibn Abbas

Further Verses

Verses 23:1-6

There are other verses in the Qur’an similar to verse 4:24. For example, Surah al-Mumenoon makes mention of successful Muslims and their characteristics:

Successful indeed are the believers, who are humble in their prayers and who keep aloof from what is vain and who are givers of poor-rate and who guard their private parts, except before their mates or those whom their right hands possess, for they surely are not blamable.

Guarding private parts is denotative of abstaining from sexual activities. The Qur’an points out successful believers are those who are indulging in sexual activities only with their wives and sex-slaves.

Verses 70:29-30

This is confirmed again in Surah al-Maarij:

And those who guard their private parts, except in the case of their wives or those whom their right hands possess– for these surely are not to be blamed,

Muhammad

This practice of raping war captives was practiced by Islam’s very own prophet Muhammad, in his life. On two occasions, he married (for the sake of sexual gratification only) war captives and raped them. Those victims were namely Safiyah andJuwairiyah.

Safiyah

Safiyah the daughter of Huayy was the wife of a Jewish Rabbi named Kinana. When Muhammad conquered the Jewish village of Khaibar, he tortured and killed the Rabbi and took captive his wife. Sahih Hadith in Bukhari testify to this fact:

Narrated ‘Abdul ‘Aziz: Anas said, ‘When Allah’s Apostle invaded Khaibar, we offered the Fajr prayer there yearly in the morning) when it was still dark. The Prophet rode and Abu Talha rode too and I was riding behind Abu Talha. The Prophet passed through the lane of Khaibar quickly and my knee was touching the thigh of the Prophet . He uncovered his thigh and I saw the whiteness of the thigh of the Prophet. When he entered the town, he said, ‘Allahu Akbar! Khaibar is ruined. Whenever we approach near a (hostile) nation (to fight) then evil will be the morning of those who have been warned.’ He repeated this thrice. The people came out for their jobs and some of them said, ‘Muhammad (has come).’ (Some of our companions added, “With his army.”) We conquered Khaibar, took the captives, and the booty was collected. Dihya came and said, ‘O Allah’s Prophet! Give me a slave girl from the captives.’ The Prophet said, ‘Go and take any slave girl.’ He took Safiya bint Huyai. A man came to the Prophet and said, ‘O Allah’s Apostles! You gave Safiya bint Huyai to Dihya and she is the chief mistress of the tribes of Quraiza and An-Nadir and she befits none but you.’ So the Prophet said, ‘Bring him along with her.’ So Dihya came with her and when the Prophet saw her, he said to Dihya, ‘Take any slave girl other than her from the captives.’ Anas added: The Prophet then manumitted her and married her.” Thabit asked Anas, “O Abu Hamza! What did the Prophet pay her (as Mahr)?” He said, “Her self was her Mahr for he manumitted her and then married her.” Anas added, “While on the way, Um Sulaim dressed her for marriage (ceremony) and at night she sent her as a bride to the Prophet . So the Prophet was a bridegroom and he said, ‘Whoever has anything (food) should bring it.’ He spread out a leather sheet (for the food) and some brought dates and others cooking butter. (I think he (Anas) mentioned As-SawTq). So they prepared a dish of Hais (a kind of meal). And that was Walima (the marriage banquet) of Allah’s Apostle .”

Juwairiyah

The following hadith from Sunan Abu Dawud bears out how Muhammad obtained Juwairiyah, a beautiful woman of a tribe called Banu Mustaliq. Muhammad was attacking the tribe without warning and conquering them:

Narrated Aisha, Ummul Mu’minin: Juwayriyyah, daughter of al-Harith ibn al-Mustaliq, fell to the lot of Thabit ibn Qays ibn Shammas, or to her cousin. She entered into an agreement to purchase her freedom. She was a very beautiful woman, most attractive to the eye. Aisha said: She then came to the Apostle of Allah (peace be upon him) asking him for the purchase of her freedom. When she was standing at the door, I looked at her with disapproval. I realised that the Apostle of Allah (peace be upon him) would look at her in the same way that I had looked. She said: Apostle of Allah, I am Juwayriyyah, daughter of al-Harith, and something has happened to me, which is not hidden from you. I have fallen to the lot of Thabit ibn Qays ibn Shammas, and I have entered into an agreement to purchase of my freedom. I have come to you to seek assistance for the purchase of my freedom. The Apostle of Allah (peace be upon him) said: Are you inclined to that which is better? She asked: What is that, Apostle of Allah? He replied: I shall pay the price of your freedom on your behalf, and I shall marry you. She said: I shall do this. She (Aisha) said: The people then heard that the Apostle of Allah (peace be upon him) had married Juwayriyyah. They released the captives in their possession and set them free, and said: They are the relatives of the Apostle of Allah (peace be upon him) by marriage. We did not see any woman greater than Juwayriyyah who brought blessings to her people. One hundred families of Banu al-Mustaliq were set free on account of her.

The following hadith from Sahih Bukhari is evidentiary to the above:

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.

Muslim Apologetics

Claims about verse 24:33

Muslims will frequently quote the following when confronted with the passages provided in this article and others like it:

Let those who find not the wherewithal for marriage keep themselves chaste, until Allah 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 Allah 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 Allah, Oft-Forgiving, Most Merciful (to them),

The first part of the verse is telling unmarried people to keep themselves chaste. Now, the important thing to remember is that the Islamic definition of chaste is different than the commonly agreed upon definitions of the word. According to Qur’an23:6, Qur’an 33:50, Qur’an 33:52, and Qur’an 70:30 a Muslim man is considered “chaste” so long as he only has sex with his wives (of whom he may have up to four) and his right-hand possessions (female captives/slaves). An unmarried Muslim man who has sex with his slave girl is still considered to be “chaste” by Islamic standards.[4]

The second sentence speaks about slaves who ask for a way to pay for their freedom (like indentured servants) as long as the master knows of “any good in them”. It would be interesting to discover how female slaves could earn any money at all if they had been kidnapped from their families and forced into slavery and did not have money-making skills. And if a female slave was to earn her freedom, where then could she go if her family had been massacred? How could she support herself and keep herself safe from rape, prostitution, etc.? Practicalities aside, this verse only tells Muslims to let their slaves purchase their freedom (but puts in a convenient disclaimer of “if ye know any good in them”). To give Muhammad credit, he did stipulate that the masters should give their slaves something (again conveniently leaving out what and how much).

The third sentence is what pertains to the Muslim claim that rape is forbidden. However, the word used is not simply sexual intercourse but is more specifically “prostitution” or “whoredom”. Prostitution is not simply about sex, but sex for a price. This is why it is often referred to as one of the oldest professions. What this verse speaks of is a master forcing his maid to be a prostitute thereby making money by allowing other men to have sex with her. This verse says nothing about a master forcing himself upon his slave-girl who is considered “halal” for him according to Islamic law. The fourth sentence says that if a girl is indeed forced into prostitution, then Allah will forgive her for committing zina. What this verse does not say is what the punishment should be for a man who forces his maid into prostitution. All it says is that he should not do it. And what it definitely does not say is that a Muslim man cannot force himself on his own slave-girl.

Claims about Muhammad’s behavior

Conclusion

From 4:24, it can be rightly assumed, that the Qur’an does not see any wrong-doing in Muslims having sex with captive women even if these women are married and their husbands are still alive. This clearly indicates that the Qur’an allows rape, as captive women, even in the unlikely case of agreeing to sexual intercourse, would still be having that intercourse under duress.

This page is featured in the core article, Islam and Women which serves as a starting point for anyone wishing to learn more about this topic Core part.png

See Also

External Links

References

  1. Jump up Gaines, Larry; Miller, LeRoy (2006). Criminal Justice In Action: The Core. Thomson/Wadsworth. ISBN 0-495-00305-0.
  2. Jump up 1st Class Investigations Glossary
  3. Jump up Sunan Abu Dawud – Book 12, Hadith 110, Quranx.com (archive)
  4. Jump up Ruling on having intercourse with a slave woman when one has a wife – Islam Q&A, Fatwa No. 10382, November 24, 2005
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7 Responses to Rape in Islam, From WikiIslam, the online resource on Islam

  1. θ says:

    In the Tanach the beauty causes a suffering of the forced marriage for a female slave,
    In Islam relationship between slave and master has to be under marriage, with dowry, and with mutual consent.

    By choosing to accept a wedding dowry (even a piece of garment) given by her Muslim master, the married slave *agrees* by her consent to end her existing marriage. That’s it.

    Unlike one full month process of automated annulment of marriage of a beautiful slave in the Torah (a forced marriage without dowry), the regulation in Islam is consensual: any married female slave can freely choose to end her marriage by accepting the new marriage with a Muslim master, or to remain with her existing husband.

    Marriage is a mutual consent:
    Nasa’i Vol. 4, Book 26, Hadith 3365
    It was narrated that Salamah bin Al-Muhabbaq said: The Prophet passed judgment concerning a man who had intercourse with his wife’s slave woman: If he forced her, then she is free, and he has to give her mistress a similar slave as a replacement; if she obeyed him in that, then she belongs to him, and he has to give her mistress a similar slave as a replacement.

    Nasa’i Vol. 4, Book 26, Hadith 3366
    It was narrated from Salamah bin Al-Muhabbaq that a man had intercourse with a slave woman belonging to his wife, and was brought to the Messenger of Allah. He said: If he forced her, then she is free at his expense and he has to give her mistress a similar slave as a replacement. If she obeyed him in that, then she belongs to her mistress, and he has to give her mistress a similar slave as well.

    Annulment of marriage of a wife doesn’t happen because of slavery.
    Tabaqat, 8:1554; Tabari, Vol. 9, p. 140.
    Ibn Abbas narrated: Muhammad proposed to Safiyya Bint Bashama Ibn Nadhla al-`Anbari, who was taken captive. The Messenger of God gave her the choice and said, Whom do you desire: me or your husband? She said, Nay, my husband, So he sent her away and Banu Tamim cursed her.

    According to Q.4 v.24, the married slave (not widow) whose husband is still alive is forbidden to be married by Moslem, hence Prophet Muhammad does not marry one married slave from the region of Mesopotamia, Safiyah bint Bashshama.

  2. θ says:

    Article above has a gross dishonest mistranslation.
    There is no the passage “in the presence of their husbands” in Abu Dawud 2150, in fact it just mentions “because of their pagan husbands”. Certainly it makes total difference. Muslim men are reluctant to have relation (i.e. proposing a marriage with a dowry) because of the heathen husband the slave once had (but not anymore).
    Abi Dawud Book 11, Hadith 2150,
    Abu Sa’id Al Khudri said “The Apostle of Allaah 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 Apostle of Allaah were reluctant to have relations with the female captives because of their pagan husbands. So, Allaah the exalted sent down the Qur’anic verse “And all married women (are forbidden) unto you save those (captives) whom your right hand posses.” This is to say that they are lawful for them when they complete their waiting period.
    حَدَّثَنَا عُبَيْدُ اللَّهِ بْنُ عُمَرَ بْنِ مَيْسَرَةَ، حَدَّثَنَا يَزِيدُ بْنُ زُرَيْعٍ، حَدَّثَنَا سَعِيدٌ، عَنْ قَتَادَةَ، عَنْ صَالِحٍ أَبِي الْخَلِيلِ، عَنْ أَبِي عَلْقَمَةَ الْهَاشِمِيِّ، عَنْ أَبِي سَعِيدٍ الْخُدْرِيِّ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم بَعَثَ يَوْمَ حُنَيْنٍ بَعْثًا إِلَى أَوْطَاسٍ فَلَقُوا عَدُوَّهُمْ فَقَاتَلُوهُمْ فَظَهَرُوا عَلَيْهِمْ وَأَصَابُوا لَهُمْ سَبَايَا فَكَأَنَّ أُنَاسًا مِنْ أَصْحَابِ رَسُولِ اللَّهِ صلى الله عليه وسلم تَحَرَّجُوا مِنْ غِشْيَانِهِنَّ مِنْ أَجْلِ أَزْوَاجِهِنَّ مِنَ الْمُشْرِكِينَ فَأَنْزَلَ اللَّهُ تَعَالَى فِي ذَلِكَ ‏{‏ وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ إِلاَّ مَا مَلَكَتْ أَيْمَانُكُمْ ‏}‏ أَىْ فَهُنَّ لَهُمْ حَلاَلٌ إِذَا انْقَضَتْ عِدَّتُهُنَّ ‏.‏

    All reference concerning Awtas can be searched and viewed at: http://sunnah.com/search/?q=awtas
    It shows how all Hadiths that are referenced concerning Awtas do not mention “in the presence of their husbands” at all, not even once.

  3. θ says:

    Lacking of intelligentsia.
    Mishneh Torah, Sefer Madda, Avodat Kochavim, 11.
    16 Whoever believes in [occult arts] of this nature and, in his heart, thinks that they are true and words of wisdom, but are forbidden by the Torah, is foolish and feebleminded. He is considered like women and children who have underdeveloped intellects.

    Mishneh Torah, Sefer Madda, Talmud Torah, 1.
    13 A woman who studies Torah will receive reward. However, that reward will not be [as great] as a man’s, since she was not commanded [in this mitzvah]. Whoever performs a deed which he is not commanded to do, does not receive as great a reward as one who performs a mitzvah that he is commanded to do.Even though she will receive a reward, the Sages commanded that a person should not teach his daughter Torah, because most women cannot concentrate their attention on study, and thus transform the words of Torah into idle matters because of their lack of understanding.[Thus,] our Sages declared: “Whoever teaches his daughter Torah is like one who teaches her tales and parables.” This applies to the Oral Law. [With regard to] the Written Law: at the outset, one should not teach one’s daughter. However, if one teaches her, it is not considered as if she was taught idle things.

    Veil.
    Mishneh Torah, Sefer Nashim, Ishut, 24.
    11 The following are the actions for which a woman is considered to have “violated the faith of Moses”: a) going out to the marketplace with her hair uncovered;25
    12 What is meant by “the Jewish faith”? The customs of modesty that Jewish women practice. When a woman performs any of the following acts, she is considered to have violated the Jewish faith: a) she goes to the marketplace or a lane with openings at both ends without having her head [fully] covered – i.e., her hair is covered by a handkerchief, but not with a veil like all other women,28 b) she spins [flax or wool] with a rose on her face29 – on her forehead or on her cheek – like immodest gentile women, c) she spins in the marketplace and shows her forearms to men;30 d) she plays frivolously with young lads, e) she demands sexual intimacy from her husband in a loud voice until her neighbors hear her talking about their intimate affairs, or f) she curses her husband’s father in her husband’s presence.31

    Permitted rape.
    Mishneh Torah, Sefer Nashim, Ishut, 24.
    19 A woman who committed adultery unknowingly47 or who was raped is permitted to [continue marital relations with] her husband, as [implied the Numbers 5:13, which describes adultery:] “and she was not raped,” indicating that if she was raped, she is permitted. [This applies whether] she was raped by a gentile or by a Jew. Whenever [a woman] was forced into relations at the outset, she is permitted [to her husband], even if she ultimately consented – even if she says: “Let him continue, if he had not raped me, I would have hired him.” For [her] natural inclination has overcome her; originally, she was forced against her will.

    Disciplinary rod.
    Mishneh Torah, Sefer Nashim, Ishut, 21.
    10 Whenever a woman refrains from performing any of the tasks that she is obligated to perform, she may be compelled to do so, even with a rod.16 When a husband complains that [his wife] does not perform [her required tasks], and [the wife] claims that she does, [the dispute should be clarified by having] a [neutral] woman dwell with them or [by asking] the neighbors.17 The judges should clarify the matter in the best way they see fit.

    Maimonides ruled a legal compendium on captivity that allowed such a slave’s “sexual initiation,” upon a specific condition that the master intends to not leave the attractive female slave after the sexual encounter, but further compel her without asking her consent into a forced marriage after 1 month mourning period.

    Hilkhot Melakhim 8 (Mishneh Torah, Sefer Shoftim. Melachim Milchamot)
    2 Similarly, a soldier may engage in sexual relations with a woman while she is still a gentile if his natural inclination overcomes him. However, he may not engage in sexual relations with her and then, go on his way. Rather, he must bring her into his home as Deuteronomy 21:11 states ‘If you see a beautiful woman among the prisoners… You shall bring her into the midst of your home…’ It is forbidden for him to engage in sexual relations with her a second time until he marries her.
    4 A priest is also allowed relations with a yefat toar initially. For the Torah only permitted relations as a concession to man’s natural inclination. However, he is not permitted to marry her afterwards, for she is a convert.

    7 Her captor must be patient with her for twelve months if she refuses to convert. If she still refuses after this interval has passed, she must agree to accept the seven universal laws commanded to Noah’s descendants and then, she is set free. Her status is the same as all other resident aliens. Her captor may not marry her, for it is forbidden to marry a woman who has not converted.

    Execution on idolater:
    Mishneh Torah, Sefer Shoftim. Melachim Milchamot, 8.
    9 A yefat toar who does not desire to abandon idol worship after twelve months should be executed. Similarly, a treaty cannot be made with a city which desires to accept a peaceful settlement until they deny idol worship, destroy their places of worship, and accept the seven universal laws commanded Noah’s descendants. For every gentile who does not accept these commandments must be executed if he is under our undisputed authority.

    10 By the same regard, Moses was commanded by the Almighty to compel all the inhabitants of the world to accept the commandments given to Noah’s descendants. If one does not accept these commands, he should be executed.

    11 Anyone who accepts upon himself the fulfillment of these seven mitzvot and is precise in their observance is considered one of ‘the pious among the gentiles’ and will merit a share in the world to come. This applies only when he accepts them and fulfills them because the Holy One, blessed be He, commanded them in the Torah and informed us through Moses, our teacher, that Noah’s descendants had been commanded to fulfill them previously. However, if he fulfills them out of intellectual conviction, he is not a resident alien, nor of ‘the pious among the gentiles,’ nor of their wise men.

    Penalty for adulteress:
    Mishneh Torah, Sefer Kedushah, Issurei Biah, 12.
    4 Whenever a man has relations with a gentile woman in public, i.e., the relations are carried out in the presence of ten or more Jews, if a zealous person strikes him and kills him, he is considered praiseworthy and ardent.9 [This applies whether the relations were] in the context of marriage or licentious in nature. This matter is a halachah conveyed to Moshe at Sinai.10 Support for this can be derived from Pinchas’ slaying of Zimri.11

    5 The zealous person can strike [the fornicators] only at the time of relations, as was the case with regard to Zimri, as [Numbers 25:8] states: “[He pierced]ו the woman into her stomach.”12 If, however, [the transgressor] withdraws,13he should not be slain. Indeed, if [the zealous person] slays him, he may be executed [as a murderer].14

    Underage marriage of 3.yo.
    Mishneh Torah, Sefer Kedushah, Issurei Biah, 12.
    10 If, by contrast, a Jewish male enters into relations with a gentile woman, when he does so intentionally, she should be executed.23 She is executed because she caused a Jew to be involved in an unseemly transgression, as [is the law with regard to] an animal.24 [This applies regardless of] whether the gentile women was a minor of three years of age,25 or an adult, whether she was single or married. And it applies even if [the Jew] was a minor of nine years old, [she is executed].26

  4. Anonymous says:

    If Jewish law were to be obsolete (in a specific time and place in the past 5,000 years ago), why do Rabbis keep producing the systematic rulings, regulations, persuasion, and explanation of Law in the Medieval Ages?
    Why do Rabbis waste so much time to regulate, explain and enjoin the Laws if it was already obsolete?

  5. θ says:

    Woman is a bad omen for men.
    Passing thru of a menstruant woman causes either death for one of two men, or strife between them.

    http://juchre.org/talmud/pesachim/pesachim5.htm#111a
    Pesachim 111a
    Our Rabbis taught: There are three who must not pass between [two men], nor may [others] pass between them, viz.: a dog, a palm tree, and a woman. Some say: a swine too; some say, a snake too.
    And if they pass between, what is the remedy? — Said R. Papa: Let them commence [a verse] with el [God] and end with el. 7 Others say: Let them commence [a Scriptural passage] with lo [not] and finish with lo.8
    If a Menstruant woman passes between two [men], if it is at the beginning of her menses she will slay one of them 9 and if it is at the end of her menses she will cause strife between them.
    What is the remedy? Let them commence [a verse] with el and end with el.
    When two women sit at a crossroad , one on one side of the road and one on the other side of the road, facing each other, they are certainly engaged in witchcraft.
    What is the remedy? If there is another road [available], let one go through it. While if there is no other road, [then] if another man is with him, let them clasp hands and pass through; while if there is no other man, let him say thus: ‘Igrath Izlath, Asya, Belusia 10 have been slain with arrows.’11

    Man is worthier.
    Passing thru two women caused a man’s difficulty of study.
    http://www.jewishvirtuallibrary.org/jsource/Talmud/hor3.html
    Tractate Horioth, Chapter 3
    The man has the preference over the woman in respect of preservation of life and of returning a loss. The woman has the preference in respect of dressing and of being ransomed from captivity. If two persons of different sex are menaced with being (sexually) disgraced, the man must be protected first.
    The following ten objects are cumbrous to one’s studies: passing under the rope of a camel and particularly under the camel itself; passing between two camels, between two women, the passing of a woman between two men, passing through the obnoxious odor of a carcass, passing under a bridge where nature was not running for 40 days, the eating of half-baked bread, of meat taken out with the spoon (with which the scumming is done), drinking from a well streaming through a cemetery, looking on the face of a corpse. According to others add yet, reading the inscriptions on a tombstone.

  6. θ says:

    Woman is a bad omen for men.
    Passing thru of a menstruant woman causes either death for one of two men, or strife between them.

    //juchre.org/talmud/pesachim/pesachim5.htm#111a
    Pesachim 111a
    Our Rabbis taught: There are three who must not pass between [two men], nor may [others] pass between them, viz.: a dog, a palm tree, and a woman. Some say: a swine too; some say, a snake too.
    And if they pass between, what is the remedy? — Said R. Papa: Let them commence [a verse] with el [God] and end with el. 7 Others say: Let them commence [a Scriptural passage] with lo [not] and finish with lo.8
    If a Menstruant woman passes between two [men], if it is at the beginning of her menses she will slay one of them 9 and if it is at the end of her menses she will cause strife between them.
    What is the remedy? Let them commence [a verse] with el and end with el.
    When two women sit at a crossroad , one on one side of the road and one on the other side of the road, facing each other, they are certainly engaged in witchcraft.
    What is the remedy? If there is another road [available], let one go through it. While if there is no other road, [then] if another man is with him, let them clasp hands and pass through; while if there is no other man, let him say thus: ‘Igrath Izlath, Asya, Belusia 10 have been slain with arrows.’11

    Man is worthier.
    Passing thru two women caused a man’s difficulty of study.
    //www.jewishvirtuallibrary.org/jsource/Talmud/hor3.html
    Tractate Horioth, Chapter 3
    The man has the preference over the woman in respect of preservation of life and of returning a loss. The woman has the preference in respect of dressing and of being ransomed from captivity. If two persons of different sex are menaced with being (sexually) disgraced, the man must be protected first.
    The following ten objects are cumbrous to one’s studies: passing under the rope of a camel and particularly under the camel itself; passing between two camels, between two women, the passing of a woman between two men, passing through the obnoxious odor of a carcass, passing under a bridge where nature was not running for 40 days, the eating of half-baked bread, of meat taken out with the spoon (with which the scumming is done), drinking from a well streaming through a cemetery, looking on the face of a corpse. According to others add yet, reading the inscriptions on a tombstone.

  7. θ says:

    //juchre.org/talmud/pesachim/pesachim5.htm#110b
    Pairs more than two.
    When R. Dimi came,6 he said: Two eggs, two nuts, two cucumbers and something else — these are halachah from Moses at Sinai;7 but the Rabbis were doubtful what this something else was, and so the Rabbis forbid a ‘pairs’ on account of the ‘something else.’
    As it once happened in the case of a certain man who divorced his wife, whereupon she went and married a shopkeeper. Every day he [her first husband] used to go and drink wine, and though she exercised her witchcraft against him, she could avail nought, because he was heedful of ‘pairs.’ One day he drank to excess and did not know how much he drank; until sixteen cups he was clear-headed and on is guard; after that, he was not clear-headed and took no care, and she turned him out at an even number of drinks. As he was going along an Arab met him and observed to him: A corpse is walking here! 9 He went and clasped a palm tree; the palm tree cried out [made a rustling noise or withered] and he burst.

    Spilled water.
    Resh Lakish said: There are four actions for which he who does them has his blood on his own head and forfeits his life,3 viz.: easing oneself between a palm tree and the wall passing between two palm trees; drinking borrowed water, and passing over spilled water, even if his wife poured it out in his presence.
    ‘And passing over spilled water.’ This was said only if he did not interpose dust 6 or spit into it; but if he interposed dust or spit into it, it does not matter.
    Again, this was said only if the sun had not passed over it nor did he walk sixty steps over it; but if the sun had passed over it and he walked sixty steps over it, it does not matter.
    Again, this was said only if he was not riding an ass and was not wearing shoes; but if he was riding an ass and was wearing shoes, it does not matter.
    Yet that is only where there is nought to fear of witchcraft; but where there is aught to fear of witchcraft, even if there are all these [safeguards], we still fear, as in the case of a certain man who rode on a ass and was wearing his shoes; his shoes shrank, and his feet withered.

    Shadow of moon and of palm.
    //juchre.org/talmud/pesachim/pesachim5.htm#111a
    Pesachim 111a
    R. Isaac said: What is meant by the verse, Yea, though I walk through the valley of the shadow of death, I will fear no evil, for Thou art with me (Psalm 23:4)?. This refers to him who sleeps in the shadow of a single palm-tree or in the shadow of the moon.
    Now in respect to the shadow of a single palm-tree this holds good only where the shadow of the neighbouring [tree] does not fall upon it; but if the shadow of the neighbouring tree falls upon it, it does not matter.
    Then when it was taught: He who sleeps in the shadow of a single palm-tree in a courtyard and he who sleeps in the shadow of the moon, has is blood on is own head, how is it meant? Shall we say that the shadow of the neighbouring tree does not fall upon it, — then even in a field too [it is dangerous]?
    Hence you may surely infer from this that in a courtyard [there is danger] even if the shadow of the neighbouring tree fall on it. This proves it.
    And in respect to the shadow of the moon too, this holds good only when [it falls] in the west,15 but when it is in the east it does not matter.

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