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Is Forcing Yourself On A Slave Physically Permitted?
In islam it is a sin for a slave woman to deny her master intimacy, however to what extent can he “force” her to comply? Can he hold her down and force himself on her? Especially given the situation of a new war captive or a young person who could be scared and traumatized.
“If the wife or slave girl refuses to have intercourse without a legitimate excuse, then the husband or master may compel her to do so. However, he should take into consideration her psychological state and treat her kindly and gently in general, as the Prophet (peace and blessings of Allah be upon him) said: “Kindness does not enter into anything but adorns it, and it does not depart from anything but disfigures it.” Narrated by Muslim.
https://shamela.ws/book/27107/49829
“The wife should first be admonished and warned against disobedience and God’s wrath upon her and the curse of the angels upon her. If she does not respond, the husband should abandon her in bed. If she still does not respond, he should beat her lightly. If that does not work, he should withhold her maintenance and clothing, and he may divorce her or grant her a khul‘ (divorce in exchange for compensation).
Similarly, a slave woman may not refuse to fulfill her master’s desire except with an excuse. If she does so, she is disobedient, and he may discipline her as he sees fit and as permitted by Islamic law.”
https://islamqa.info/ar/answers/33597/اجبار-الزوج-زوجته-على-الجماع
I have seen islamic speakers say that it is haram to force yourself on a wife because it goes against living with them honourably. Instead to take disciplinary measures as stated in the quran. What about for slave women?
You can discipline a slave for refusing intimacy either verbally or physically because it counts as disobedience.
“Ibn Qudamah said in Al-Mughni: He may discipline his slave and his female slave if they sin, by rebuking them and striking them lightly, just as he disciplines his son and his wife if they are disobedient. He may not strike them without cause, nor strike them severely even if they sin, nor strike them in the face.”
https://islamweb.net/ar/fatwa/137527/حدود-طاعة-العبد-لسيده-ومدى-جواز-ضربه?utm_source=chatgpt.com
But heres where my confusion lies the prophet said the following:
“It is not wise for anyone of you to lash his wife like a slave, for he might sleep with her the same evening.”
https://sunnah.com/bukhari:4942
Is he allowing the latter? As in he may do that with a slave.
I found this commentary on the following where it states that the prophet (SAW) was only comparing the two.
But i also found this:
Al-Hajaawi and Al-Bahooti said: And the master can beat a slave more severely than his wife or child because of the saying of the Prophet ﷺ:
Do not beat your wife as you beat your slave-girl.
https://islam.stackexchange.com/questions/38783/forcing-a-slave-to-be-compliant/38790#38790
To what extent is beating and forced intimacy considered blameworthy. Because even-though I have seen over and over people saying that forcing yourself on a slave wouldn’t be allowed because beating and slapping on the face is not allowed. But that is provided that the slave committed no sin. Refusing a master intimacy is a sin just as for a wife. So would physically harming her while taking your right be justified in sharia.
“Whoever beats a slave without him having done anything to deserve it, or slaps him, his expiation is to manumit him.”
https://sunnah.com/muslim:1657b
Also not many if not any fatwa sites i ask give me a proper answer or answer at all, they usually divert the topic into the fact that slavery doesn’t exist anymore. I asked sheikh assim al hakeem through his website and he replied saying it was irrelevant. When i asked again here is what he replied with:
Question: You said this question is irrelevant but could you please give me an answer as I am studying slavery and this weighs on my mind. If a slave woman refused intimacy without reason could her master physically force himself on her if she is actively resisting. Could an injurious beating or physical coercion be allowed. I ask to understand these claims i see about this. Is mental trauma considered
His answer:
“Is buying and selling a slave permissible in your standards?
Wouldn’t that cause any trauma to that individual when being displayed to be sold and auctioned publicly?
Would putting the slave in chains and restraining him or her from escaping which might lead to injury, would that be fine with you?
Answering these questions could help a lot in weighing in where you stand in Islam!
I would appreciate you answering these questions. “
A very terrible answer in my opinion full of sarcasm and arrogance and seems like hes implying that it’s okay to force yourself on a slave by comparing all the other things that are harmful that they were subjected to.
I also asked the website Mufti Says and they answered with a very brief statement but they seemingly said its impermissible:
My question:
“ I know this question is irreverent but could you please give me an answer as I am studying slavery and this weighs on my mind. Is forced intimacy with slaves allowed, im talking about physical force of holding someone down. If a slave woman refused her master with no reason, could he force himself on her if she is resisting /unwilling. Even if she’s sinful for this, would an injurious beating or forced intercourse be permitted for this? Would this not count as phycological harm and be sinful?
The Answer:
“There are more important issues in Islam that pertains to one’s Iman than rulings related to slavery.
Such is not permissible in Islam.
And Allah knows best.”
I will end with this saying attributed to the prophet SAW
“Abu Dharr reported: The Messenger of Allah, peace and blessings be upon him, said, “Whoever is suitable for you among your slaves, feed them from the same food you eat and clothe them from the same clothes you wear. Whoever is not suitable for you, sell them and do not torture the creation of Allah.”
Source: Sunan Abī Dāwūd 5161
Grade: Sahih (authentic) according to Al-Albani
https://www.abuaminaelias.com/dailyhadithonline/2018/04/23/slaves-servants-do-not-torture/
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Is Forcing Yourself On A Slave Physically Permitted?
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