Let's close this door/Is it permissible for a man to force his female slave (his right hand possession) to have sexual intercourse (coitus)??

 

Is it permissible to force a wife or a slave woman to have intercourse? _____
There is no explicit text on forcing a wife or a slave woman
to have intercourse. Is coercion permissible on a wife, i.e. a man forcing his wife to have intercourse by force? The Messenger of Allah (blessings and peace of Allah be upon him) said:
If a man calls his wife to his bed and she refuses, and he spends the night angry with her, the angels will curse her until morning.
Narrated by: Abu Hurairah Narrator: Al-Bukhari - Source: Sahih Al-Bukhari - Page or number: 3237
Summary of the narrator’s ruling: [Sahih]
____.
But of course, without an excuse,
the general rule is clear, as the Messenger of Allah (blessings and peace of Allah be upon him) said: “There should be neither harming nor reciprocating harm.” The excuse that a woman uses to abstain from her husband could be that he does not pray, drinks alcohol, or eats forbidden money, so she abstains from him until he stops these sins . _____
A husband who does not fulfill his responsibilities of guardianship, is negligent in spending on the household, and wastes his money on things that are of no benefit, so she abstains from him until he stops this sin


.


said: “It is enough of a sin for a man to neglect the sustenance
Narrator: Al-Nawawi - Source: Al-Majmu’ - Page or number: 6/234
Summary of the narrator’s ruling: Its chain of transmission is authentic, and Muslim narrated it in his Sahih with the same meaning: (It is enough of a sin for a man to withhold the sustenance of those he is responsible for)..
_____________________
Another husband insults his wife and treats her badly without a good reason .

The Messenger of Allah (peace and blessings of Allah be upon him) said 

: “None of you should flog his wife as he would flog a slave, then have intercourse with her at the end of the day.”
Narrator: Abdullah bin Zam’ah Narrator: Al-Bukhari - Source: Sahih Al-Bukhari - Page or number: 5204
Summary of the narrator’s ruling: [Sahih] ____
Because as the Messenger of Allah (peace and blessings of Allah be upon him) said: “The rule is that there should be neither harming nor reciprocating harm.”

Her psychological state does not permit this intercourse after this insult, and the hadith of the Messenger of Allah (peace and blessings of Allah be upon him) clearly forbade the one who insults his wife at the beginning of the day from having intercourse with her at the end of the day.
____



It is also a clear violation of the Messenger of Allah’s (peace and blessings of Allah be upon him) commandment : “ Whoever believes in Allah and the Last Day, let him not harm his neighbor, and treat women well. ” Narrator: Fadalah bin Ubaid Al-Ansari Narrator: Al-Albani - Source: Sahih Al-Jami’ - Page or number: 6503
Summary of the narrator’s ruling: Sahih
____
But
when does a wife refuse without an excuse and then deserve the curse of the angels???
When the man does all his duties as a man and bears the responsibility of his guardianship and fears Allah in his treatment of her and treats her well, then she refuses him and he spends the night angry with her   .


Note:

A woman may refuse for an acceptable excuse. A wife may refuse for an acceptable excuse, such as if she is physically exhausted from the responsibilities of raising children, especially during breastfeeding periods, for example. The husband appreciates this because of the affection and mercy in his heart for her, so he spends the night pleased with her .

( And among His signs is that He created for you mates from among yourselves, that you may find tranquility in them, and He has put between you affection and mercy. ) Surah Ar-Rum 21

____


But the curse of the angels
only comes if the righteous husband spends the night angry, then the angels curse her because of his anger. And often the righteous husband is angry because his wife’s excuse is arbitrary.
____



For example, let's suppose that there is a spoiled wife who is extravagant in her requests. For example, she asked her husband for a new car. Out of his intense love for her, her husband fulfilled her request. However, after a short while, she asked for another new car, and her husband refused to ask for it. He saw that this was extravagance in an inappropriate manner . So when he invited her to bed, she also refused to ask for it as a means of pressuring him. Examples of such wives exist and we know that. Here, the wife refuses without an acceptable excuse, so her husband becomes angry with her overnight,  and she deserves the curses of the angels until she becomes pregnant . This type of wife exists and we all know that. ____ But despite all of this, the noble hadith did not permit forcing her to have intercourse and did not refer to that at all. However, all that the hadith told us about is that this refusing wife will be cursed by the angels until she becomes pregnant. ____ Even the Messenger of Allah, may Allah bless him and grant him peace,









said: “Kindness was not in anything except that it adorned it, and it was not removed from anything except that it disfigured it.

” Narrator: Aisha and Anas bin Malik Narrator: Al-Suyuti - Source: Al-Jami’ Al-Sagheer - Page or number: 7964
Summary of the narrator’s ruling: Authentic ..
____

The conclusion from the above

is that if religion does not permit coercion with a wife who is bound by a marriage contract and chose her husband with full will and knows the duties of marriage and then refused her husband without an acceptable excuse, then religion does not urge the husband to force her. On the contrary, it tells him that kindness adorns everything, and if it is removed from something, it disfigures it. So what about the female slave whom fate brought to him???
You

will tell me that this is a female slave, I will tell you that the commandments of the true religion regarding a female slave are harsher than those regarding a free wife. ____


Kindness to a female slave or even a male slave is in the same vessel as kindness to parents . “ And worship Allah and associate nothing with Him, and to parents do good, and to relatives, orphans, the needy, the neighbor who is a relative and the neighbor who is a stranger, the companion at your side, the wayfarer , and those whom your right hands possess . Indeed, Allah does not like anyone who is arrogant and boastful .” Verse 36 in Surat An-Nisa’, and we all know the status of parents in the true religion. ____ As the right hand possession is in one vessel with the pillar of our religion in the last will of the Messenger of Allah ( Prayer, prayer and those whom your right hands possess ) ____ These commandments do not mean that the right hand possession is better than the free wife in good treatment!!! But the free woman has good social circumstances, she has her family and relatives, while the right hand possession (men .. and women) does not have these advantages, so you find the commandments for the slave woman are more severe than the wife. ____ This statement is supported by ancient religious scholars who were contemporary with this phenomenon . ____ His saying ( And do not compel your girls to prostitution if they desire chastity, desiring adornments of the worldly life )












____

Explanations of the Hadith

Fath Al-Bari, Explanation of Sahih Al-Bukhari

Ahmed bin Ali bin Hajar Al-Asqalani

Dar Al Rayyan Heritage

Year of publication: 1407 AH / 1986 AD
Edition number: ---
Number of parts: Thirteen parts
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Sahih Al-Bukhari » Book of Compulsion » It is not permissible to marry someone who is forced

Footnote No.: 1

[ Page: 334] His saying: (Chapter: Marriage of a person under duress is not permissible) “Mukhar” with the opening of the “ra.” Saying: ( And do not compel your girls to prostitution - to His saying -: Forgiving, Merciful. This is how Abu Dharr and Al-Ismaili said, and Al-Qabisi added the wording: “their compulsion.” And according to Al-Nasafi , “ the verse” instead of his saying etc., and likewise for Al-Jurjani, and he cited in the narration of Karima the entire verse. And girls with the opening of the fa and the ta is the plural of girl, and what is meant by it is the slave girl and also the servant girl even if she is free, and the wisdom of restricting it with his saying: If they desire chastity is that compulsion does not occur except with the desire for chastity; because the obedient one is not called compelled, so the estimate is your girls who are accustomed to prostitution, and this was hidden from some of the commentators..... He made if they desire chastity related to his saying before that and marry the single among you (in verse 32)  and the rest of the discussion of this verse will come after two chapters, and some of them have questioned the suitability of the verse for the translation and it is possible that he indicated that the desired translation is understood by way of priority because if he forbade compulsion in what is not permissible, then the prohibition of Coercion in what is permissible is more appropriate. Because if He forbade coercion in what is not permissible, then forbidding coercion in what is permissible is more appropriate . Ibn Battaal said : The majority of scholars are of the opinion that the marriage of a person under duress is invalid . Ibn Battaal said : The majority of scholars are of the opinion that the marriage of a person under duress is invalid . Source / ( http://www.islamweb.net) ................. ... Because coercion generally makes people hate something, whether it is permissible or forbidden, whether it is beneficial or useful, .... Coercion generally makes people hate and detest the thing they are forced to do, and consequently coercion to do what is permissible makes people hate and detest what is permissible, and consequently coercion to do what is permissible is forbidden because through coercion and not through gentleness, you make them actually hate what is permissible and turn to what is forbidden. ____ For example, a student hates a certain subject and does not like to review its lessons, so a successful teacher is one who makes his student love his subject through gentleness. ____ But the failed teacher is the one who beats his student until he studies his lessons under duress , which results in the student hating this subject, and he does the exact opposite, because of his teacher’s insult to him, he tends to neglect studying it and then fails it  because of the psychological complex that has formed between him and the subject. As a result of his teacher’s insult to him. ____ Compare this to the fact that when a slave woman is forced to have intercourse, this will make her hate what is permissible because she will hate her owner and practicing what is permissible with her owner, and she may turn to what is forbidden and commit adultery with another man whom she may love and have an inclination towards. ____ The rule says (no harm and no harming). The Messenger of Allah, may Allah bless him and grant him peace, said: Why??? If forcing what is permissible will ultimately lead to falling into what is forbidden, then forcing what is permissible is forbidden . _____ Also, coercion is against the kindness recommended in verse 36 of Surat An-Nisa’, and we have already mentioned the verse  … because that will cause psychological and physical harm to the female slave . The Messenger of Allah (PBUH) has commanded  us not to say, “My slave” or “My female slave.” You are all slaves of Allah, and all your women are female slaves of Allah. Rather, let him say, “My boy” or “My female slave.” Narrator: Abu Hurairah. Narrator: Al-Albani - Source: Sahih Al-Jami’ - Page or number: 7765 Summary of the narrator’s ruling: Authentic if the Messenger of Allah (PBUH) forbade us from harming female slaves by using the words “slave” or “female slave” so that their psychological state would not be harmed, and it is considered verbal violence prohibited in the noble hadith. _____ So what about coercion into intercourse, which will cause physical and psychological harm that will exceed dozens of times the word “my female slave”? The general rule as the Messenger of Allah (PBUH) said (No harm and no reciprocating harm) _____ The Messenger of Allah (PBUH ) said : “Kindness is never in anything except that it adorns it, and it is never removed from anything except that it disfigures it.” Narrator: Aisha and Anas bin Malik Narrator: Al-Suyuti - Source: Al-Jami` Al-Sagheer - Page or number: 7964 Summary of the narrator’s ruling: Authentic .. _____ Assuming that it is somewhat difficult that she does not have a heartfelt inclination towards her owner and that she has a heartfelt inclination towards another man??? In the name of Allah, the Most Gracious, the Most Merciful {And those who seek a contract from among those whom your right hands possess - then make a contract with them if you know there is good in them and give them from the wealth of Allah which He has given you . } [An-Nur: part of verse 33] ____ {And whoever among you is not able to marry free, believing women , then from those whom your right hands possess of believing girls. And Allah is most knowing of your faith, some of you from others. } { Then marry them with the permission of their people and give them their due compensation according to what is acceptable - chaste, not fornicators or taking lovers.} [An-Nisa: 25] The wage means the dowry _____ If the other man finds the right and is serious, then let her write a contractwith her owner about herself. (And writing) is not at the owner’s request but at her request (as we discussed before in the paragraph Why did Islam not abolish slavery with the stroke of a pen). During the period of writing, she is not the property of the right hand and she is not free either, but she is absolutely forbidden to her owner during this period, and she has the right to the zakat of the Muslims, and the zakat of the Muslims at that time is like tax money in our time, i.e. like the money of the state.( Zakat expenditures are only for the poor and the needy and those employed to collect [ zakat] and for bringing hearts together and for freeing captives and those in debt and for the cause of Allah and for the wayfarer - an obligation imposed by Allah. And Allah is Knowing and Wise. ) Surah At-Tawbah, verse 60 ____ If this other man is really serious, then let him pay the financial value that she wrote to her first owner so that she can become free, and let this financial value beher dowrythat he will pay to her to buy her freedom. ..... And as the writing entails loyalty to his bond like the bond of kinship and a social vessel for her, it is as if she bought with her dowry the thorn and clan of her owner and his family. Free and she has thorn and clan and a social vessel. "Loyalty" about which the Messenger (peace be upon him) said: "Loyalty is a bond like the bond of kinship" [Sahih Al-Albani ____ Her owner is also required to give her money, "And give them from the wealth of Allah which He has given you" [An-Nur: verse 33]. Praise be to Allah for the blessing of Islam.) ____ Let us assume an empty sophistical argument.Andsuppose that slavery  exists in our currentera!!!! She has no inclination towards her owner or any other man and wants her freedom??? ...................................It is okay for her to write to her owner on her behalf and go to do what women can do and work in, and her work is for a wage, such as working as a seamstress or spinning or anything women can do for a wage in order to pay the financial value agreed upon in the writing. She also has the right to go to the treasury of the Muslims and ask for her share of the state taxes in order to become free.As we said, writing does not only buy freedom, but also buys a social vessel, a thorn, and a clannishness......The great Islam completely emptied slavery of its content, dried up its sources, and widened the doors of escape from slavery. Whether through writing or urging in more than one place to free slaves for the sake of God.Praise be to God for the blessing of Islam, and it is enough of a blessing. ____________________________________________________                God knows best ___God knows___God knows ____ At that time, the real problem of the female slave was not that she was forced to have intercourse by her owner . The real problem was that the man had some sensitivity inside him about treating his female slave as he would treat his wife, because after the advent of Islam, the great religion obligated the man towards his female slave (material, social and religious commitment). These commitments completely emptied slavery of its content, and the relationship between the man and his female slave became content with marriage. ____ It is natural that any man wants the mother of his children to be free and from a noble family. He may have a heartfelt inclination towards his female slave, but his family refuses that and it may cause problems with them, especially the mother. For example, his mother refuses to have grandchildren from a female slave and wants free grandchildren from a noble lineage. As we say in Egypt ( the mother wants to marry her son to the Sultan's daughter )_____ ______________________________________________ If in our current era there are often those who refuse to marry those who are socially and financially inferior to him. For example, a young man from a so-called upper class refuses to marry a girl from a working-class neighborhood (with all due respect, of course) ____________________________________________________________________ Practical example / ____ Imagine that there is a maid or secretary working in a giant investment company. Of course, the maid and secretary are not slaves, but free women who do their work for a wage and have no right over the company owner other than a respectable wage that rewards the work they do. However, the secretary or maid is from a lower material and social class. _____________________________________________________ But imagine, would the company owner be satisfied to marry the maid or secretary???!!! While his brother, for example, is married to a girl from a high social background!!! He will say to himself, why would my brother choose the mother of his children from a distinguished family so that his children will be proud of her. While my children's mother is a secretary or maid from a modest family background, his children feel inferior towards his brother's children. ( With all due respect to the maid and secretary, of course, she may be better and more generous than any other woman in personality. Unfortunately, these class concepts have only spread because of our distance from our religion. There is no difference between one Muslim and another except in piety, which is one of the reasons for the decline and deterioration of Muslims today .) ____ Let us assume that all these considerations do not concern the owner of the giant company and that he has a heartfelt inclination towards the secretary or maid and goes to propose to this maid or secretary. _____ Would she reject him? And what would be her feelings? _____ Most likely (no), on the contrary, she will see in him the groom who offers her the opportunity of a lifetime and that he will move her from her material and social level to a higher material and social level. If this is the case of free women in our current era, women in general are looking for comfort, security, and a secure future (and the future is in the hands of Allah Almighty) . _____ So what about the slave girl? Which is more suitable and appropriate for her? Which will the slave girl choose? Will she accept with a satisfied soul and complete happiness that her master lives with her, or will she write herself a contract??? Both paths lead to freedom. But which one is easier and provides more security, comfort, and stability, whether social, material, or emotional, and will the slave girl choose??? _____