Sex with Married War Captives / Slaves

Posted: March 24, 2015 in Uncategorized

4:24 And [also prohibited to you are all] married women except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise.

Tafsir Ibn Kathir
Allah said,
(Also (forbidden are) women already married, except those whom your right hands possess.) The Ayah means, 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 was revealed,
(Also (forbidden are) women already married, except those whom your right hands possess). Consequently, we had sexual relations with these women.” This is the wording collected by At-Tirmidhi An-Nasa’i, Ibn Jarir and Muslim in his Sahih. Allah’s statement,
(Thus has Allah ordained for you) means, this prohibition was ordained for you by Allah. Therefore, adhere to Allah’s Book, do not transgress His set limits, and adhere to His legislation and decrees.

Tafsir Ibn Abbas
(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. (Lawful unto you are all beyond those mentioned) as unlawful, (so that ye seek them) marry (with your wealth) up to four wives; it is also said that this means: so that you buy with your wealth captives; and it is also said that this means: so that you should seek with your money marrying women for an agreed period of time (zawaj al-mut’ah) but the lawfulness of this practice was later abrogated, (in honest wedlock) He says: be with them as legitimate husbands, (not debauchery) not indulging in adultery without having a proper marriage. (And those of whom) after marriage (ye seek content) from whom you derive benefit, (give unto them their portions) give to them their full dowry (as a duty) as an obligation upon you from Allah to give the dowry in full. (And there is no sin for you) there is no harm for you (in what ye do by mutual agreement) in increasing or decreasing the amount of the dowry by mutual agreement (after the duty hath been done) after the first obligation to which you have aspired. (Lo! Allah is ever Knower) in relation to making lawful to you marriage for an agreed, limited period of time, (Wise) in later making this practice unlawful; it is also said that this means: Allah is ever Knower of your compulsion for marriage for an agreed, limited period of time, Wise in making such marriage unlawful.

Sahih Muslim Book#008 Hadith#3432
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).

Sahih Muslim Book#008 Hadith#3433
Abu Sa’id al-Khudri (Allah be pleased with him) reported that Allah’s Apostle (may peace be upon him) sent a small army. The rest of the hadith is the same except this that he said: Except what your right hands possessout of them are lawful for you; and he did not mention” when their ‘idda period comes to an end”. This hadith has been reported on the authority of AbuSa’id (al-Khudri) (Allah be pleased with him) through another chain of transmitters and the words are: They took captives (women) on the day of Autas who had their husbands. They were afraid (to have sexual intercourse with them) when this verse was revealed:” And women already married except those whom you right hands posses” (iv. 24) 

Abu Dawud 2:2150
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.”

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