According to Islam QandA a muslim does not have to be married to his sex slave before he can have sex with her

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?.

Published Date: 2002-09-12
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.

Secondly:

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.

Thirdly:

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.

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One Response to According to Islam QandA a muslim does not have to be married to his sex slave before he can have sex with her

  1. θ says:

    “Article says: 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.”

    The opinion above is misleading, unquranic, unsunnah, without a clear permission to have an unwed coitus.

    First of all, Qur’anic verses Q.24, v.32, Q.4, v.24-25, and Q.5, v.5 consistently make impossible for Moslems to have concubines.
    In Q.24, v.32 Allah plainly commands us Moslems to put all slaves into the marriage. Then how could it possibly leave any unmarried slave or any concubine in entire Moslem household?

    Q.24, v.32 And marry the unmarried among you and the righteous among your male slaves and female slaves. If they should be poor, Allah will enrich them from His bounty, and Allah is all-Encompassing and Knowing.

    Afterward, Allah thru Qur’an commands every poor single persons (both bachelor and spinster) to marry, rather than to give any permission for the poor bachelors to rape female slaves or fornicate with them outside of marriage.

    Moreover, both Qur’an and Hadith consistently showed that the early Moslem men always married the slaves or captives by giving them the obligatory dowry, at least a garment, or an iron ring, or just teaching the verses of Qur’an to them, that means those captives are new Moslem convert.
    Qur’an at the verse Q.4, v.25 prohibits the Moslem men from permitting or having any unwed relationship – either betrothal or marriage – with any female slave who is whoring herself into a concubinage (Musafihatin) and from being a fornicator who serves other secret lover illicitly (Mutakhidhati akhdanin). Qur’an commands Moslem to pay dowry to either wives or handmaiden.

    Equally, in both verses Q.4, v.24 and Q.5, v.5 Moslem men are prohibited from ever taking the concubines (Musafihin) and from being a secret lover (Mutakhidhi Akhdanin) for other women of Jews and Christians. Once again, Qur’an commands Moslem to pay dowry to either those Scriptural wives or handmaiden.

    Bukhari, Vol 7, Book 62, Hadith 130.
    Narrated Abdullah: We used to participate in the holy battles led by Allah’s Apostle and we had nothing (no wives) with us. So we said: Shall we get ourselves castrated? He forbade us that and then allowed us to *marry* women with a temporary contract and recited to us: O you who believe, Make not unlawful the good things which Allah has made lawful for you, but commit no transgression.
    Bukhari, Vol 7, Book 62, Hadith 139.
    Narrated Abdullah: We used to participate in the holy wars carried on by the Prophet and we had no women (wives) with us. So we said: Shall we castrate ourselves? But the Prophet forbade us to do that and thenceforth he allowed us to *marry* a woman by giving her even a garment, and then he recited: O you who believe! Do not make unlawful the good things which Allah has made lawful for you.
    Q.5, v.87. O you who believe, Make not unlawful the good things which Allah has made lawful for you, but commit no transgression.
    Arabic: An nankiha almar-atan (to marry a woman).

    Why does a Moslem have to give a dowry if he were to so freely rape a female slave?

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