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This is a sub-article to Islamic military jurisprudence and Prisoner of war

Template:Fiqh-Mil Ma malakat aymanukum ("what your right hands possess" ما ملكت أيمانکم) is a scriptural reference in the Qur'an to slaves.

Overview

The term itself is normally considered to refer to prisoners of war, or more broadly to slaves in general, according to the classic tafsirs (e.g., Ibn Kathir); however, some (e.g., Muhammad Asad) have proposed alternative explanations, whereby it would mean "one's rightful spouse" in Surah An-Nisa (Women, Chapter 4), Verse 24. Bernard Lewis proposes the translation "those whom you own."

The general term maa malakat aymanukum (literally "what your right hands possess" or "anything owned blessed to you") appears fourteen times in the Qur'an, in the following Arabic variations:

• Note: Masculine plural may also refer to a group of males and females.

"Ma malakat aymanukum" in the Qur'an

The main points about "those whom one's right hands possess" in the Qur'an are:

The Right to Request Freedom

The Qur'an states:

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),

Al-Bukhari said: "Rawh narrated from Ibn Jurayj: `I said to `Ata', "If I know that my servant has money, is it obligatory for me to write him a contract of emancipation." He said, "I do not think it can be anything but obligatory." `Amr bin Dinar said: "I said to `Ata', `Are you narrating this from anybody' He said, `No,' then he told me that Musa bin Anas told him that Sirin, who had a lot of money, asked Anas for a contract of emancipation and he refused. So he went to `Umar (bin Al-Khattab), may Allah be pleased with him, and he said, `Write it for him.' He refused, so `Umar hit him with his whip and recited,(give them such writing, if you find that there is good and honesty in them.)Then he wrote the contract." This was mentioned by Al-Bukhari with a disconnected chain of narration. It was also narrated by `Abdur-Razzaq who said Ibn Jurayj told them: I said to `Ata', "If I know that my servant has some money, is it obligatory for me to write him a contract of emancipation" He said, `I do not think it can be anything but obligatory.'" Ibn Jarir recorded that Sirin wanted Anas bin Malik to write a contract of emancipation and he delayed, then `Umar said to him, "You should certainly write him a contract of emancipation." Ibn Kathir comments that the chain of narrators in the latter is Sahih (Authentic).

Collecting Donation Money for Freedom

(And give them something out of the wealth of Allah which He has bestowed upon you.) This is the share of the wealth of Zakah that Allah stated to be their right. This is the opinion of Al-Hasan, `Abdur-Rahman bin Zayd bin Aslam and his father and Muqatil bin Hayyan. It was also the opinion favored by Ibn Jarir.

(And give them something out of the wealth of Allah which He has bestowed upon you.) Ibrahim An-Nakha`i said, "This is urging the people, their masters and others." This was also the view of Buraydah bin Al-Husayb Al-Aslami and Qatadah. Ibn `Abbas said: "Allah commanded the believers to help in freeing slaves."

Marriage

Also (prohibited are) women already married, except those whom your right hands possess: Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise.

Muhamad Asad notes that for the expression ma malakat aymanukum ("those whom your right hands possess", i.e., "those whom you rightfully possess"), it is often taken to mean female captives can be taken in marriage irrespective of whether they have husbands in the country of their origin or not. Despite the differences of opinion, even among the Companions of the Prophet, regarding the legality of such a marriage, Razi in his commentary on this verse, and Tabari in one of his alternative explanations (going back to ‘Abd Allah ibn ‘Abbas, Mujahid, and others) hold the view that ma malakat aymanukum denotes here "women whom you rightfully possess through wedlock".

If any of you have not the means wherewith to wed free believing women, they may wed believing girls from among those whom your right hands possess: And Allah hath full knowledge about your faith. Ye are one from another: Wed them with the leave of their owners, and give them their dowers, according to what is reasonable: They should be chaste, not lustful, nor taking paramours: when they are taken in wedlock, if they fall into shame, their punishment is half that for free women. This (permission) is for those among you who fear sin; but it is better for you that ye practise self-restraint. And Allah is Oft-forgiving, Most Merciful.

Ibn Kathir notes that "(This is for him among you who is afraid of being harmed in his religion or in his body;) indicates that marrying slave girls, providing one satisfies the required conditions, is for those who fear for their chastity and find it hard to be patient and refrain from sex."

Muhamad Asad notes that "Lit., "and not taking unto themselves secret love-companions". This passage lays down in an unequivocal manner that sexual relations with female slaves are permitted only on the basis of marriage, and that in this respect there is no difference between them and free women. ..."

Ibn Kathir comments "(not fornicators) referring to dishonorable women, who do not refrain from illicit sexual relations with those who ask. Ibn `Abbas said that the fornicating women are the whores, who do not object to having relations with whomever seeks it"

Ibn Kathir comments "(nor promiscuous) refers to taking boyfriends. Similar was said by Abu Hurayrah, Mujahid, Ash-Sha`bi, Ad-Dahhak, `Ata' Al-Khurasani, Yahya bin Abi Kathir, Muqatil bin Hayyan and As-Suddi."

Imam Bukhari relates that Muhammad said that one of the three who would have a double reward is "a master of a woman-slave who teaches her good manners and educates her in the best possible way (the religion) and manumits her and then marries her."(Sahih Bukhari, Book 3 "Knowledge", Hadith 97)

Sexual Intercourse

In Islamic Divine Law Template:Istr, Ma malakat aymanukum is the term for slaves or captives of war.

It is lawful to have sexual intercourse with those "that your right hand possess" (i.e. female slaves owned by the master) according to the translations of the Quran by Yusufali, Pickthal, and Shakir.

Alternative Interpretation

Regarding verse 50 of Surah Al-Ahzab (The Clans, Chapter 33),

O Prophet! We have made lawful to thee thy wives to whom thou hast paid their dowers; and those whom thy right hand possesses out of the prisoners of war whom Allah has assigned to thee; and daughters of thy paternal uncles and aunts, and daughters of thy maternal uncles and aunts, who migrated (from Makka) with thee; and any believing woman who dedicates her soul to the Prophet if the Prophet wishes to wed her...

Muhamad Asad notes that this is a question of giving the dower: one may marry by giving dower to the free woman, and in the case of the slave-girl, the freedom is her dower for marriage, and there are other cases where the free woman can be married without dower to the prophet.

This is in accordance with the tradition,

Narrated 'Abdul 'Aziz bin Suhaib: Anas bin Malik said, "The Prophet took Safiya as a captive. He manumitted her and married her." Thabit asked Anas, "What did he give her as Mahr (i.e. marriage gift)?" Anas replied. "Her Mahr was herself, for he manumitted her."(Sahih Bukhari, Book 59 "Al-Maghaazi", Hadith 513)

Narrated Sahl bin Sad As-Sa'idi: A woman came to Allah's Apostle and said, "O Allah's Apostle! I have come to give you myself in marriage (without Mahr). ..."(Sahih Bukhari, Book 62 "Marriage", Hadith 24)

Ibn kathir also comments "also lawful for you, O Prophet, is a believing woman if she offers herself to you, to marry her without a dowry, if you wish to do so."

Dress codes

An-Nur 30–33, in the course of laying down the familiar dress code of Islam, explains that women "should draw their veils over their bosoms and not display their beauty" except to various familiar people, including those "whom their right hands possess". Al-Ahzab 55 makes it explicit that the same liberty is given to the Prophet's wives.

An-Nur 58 says that "those whom your right hands possess" and underage children should ask a believer's permission (before they come to their presence) at the three times of day when one is likely to be undressed.

They should not be forced into prostitution if they desire chastity

An-Nur 24:33 states, ... 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 the one being forced),"

Ibn Abi Talhah narrated that Ibn `Abbas said, "If you do that, then Allah is Oft-Forgiving, Most Merciful, and their sin will be on the one who forced them to do that." This was also the view of Mujahid, `Ata' Al-Khurasani, Al-A`mash and Qatadah.

Being good to them

An-Nisa 36 reminds us that a believer should do good to a variety of people, including "what your right hands possess".

an-Nahl 71 and ar-Rum 28 both use the same metaphor: just as the fortunate among people do not share their wealth with "those whom their right hands possess" to the point of making them equals, nor fear them as they fear each other, so does God with people, bestowing more on some than others, but never making them equals, let alone fearing them.

Traditional Sunni and Shi'a viewpoints

According to all four Sunni madhhabs and Shi'a Islam, the rights and duties of those "right hand possessions" are as follows:

• Juridically they were considered as property or at least the responsibility of their master.
• They could not marry or divorce without their master's permission.
• Her master had the right to dissolve her marriage if he did not approve it.
• Her master was allowed to have sex with her if she was unmarried.

As soon as she was impregnated by her master, her status changed to "mudabbar", which entitled her to additional rights:

• She was entitled to the same treatment as the master's regular wives.
• Her offspring were considered as legitimate children of her master, i.e. they were not slaves anymore.
• She could not be sold to others.
• After his death she was manumitted and enjoyed the same treatment as other wives; e.g., she got an equal share in the inheritance. For the Shia, this manumission was dependent on the condition that her child still be alive.

List

A list of people who would be amongst Ma malakat aymanukum includes:

1st century AH:

• Rayhana bint Zayd
• Salim Mawla Abu Hudhayfah
• Safiyya bint Huyayy who was briefly a Ma malakat aymanukum until she was set free and married Muhammad.
• Maria al-Qibtiyya — initially a concubine of Muhammad, some state that they married later on.
• Abu Suhail an-Nafi — he became a famous medieval Muslim scholar.
• The father of Hasan al-Basri

See also

• Nikah Mut'ah ("temporary marriage" in Shia Islam)
• Nikah Misyar
• Mamluk
• Pilegesh

References

1. ^ Muhammad Asad, The Message of the Qur'an, Publisher: The Book Foundation; Bilingual edition (December 2003) Language: English, ISBN-10: 1904510000,Chapter (Surah) An-Nisa (Women)(4):25 Cite error: The named reference "Muhammad Asad" was defined multiple times with different content (see the help page).
2. Bernard Lewis, Race and Slavery in the Middle East, page 146.
3. ^ Ibn Kathir,Tafsir ibn Kathir (Koranic Commentary),"The Command to grant Slaves a Contract of Emancipation", , Dar-us-Salam Publications,2000, ISBN-10: 1591440203, ISBN-13: 978-1591440208 Cite error: The named reference "Tafsir Ibn Kathir - The Command to grant Slaves a Contract of Emancipation" was defined multiple times with different content (see the help page).
4. Ibn Kathir,Tafsir ibn Kathir (Koranic Commentary),"The Slave Girl's Punishment for Adultery is Half that of a Free Unmarried Woman", , Dar-us-Salam Publications,2000, ISBN-10: 1591440203, ISBN-13: 978-1591440208
5. ^ Ibn Kathir,Tafsir ibn Kathir (Koranic Commentary),"Marrying a Female Slave, if One Cannot Marry a Free Woman", , Dar-us-Salam Publications,2000, ISBN-10: 1591440203, ISBN-13: 978-1591440208
6. Ibn Kathir,Tafsir ibn Kathir (Koranic Commentary),"The Women who are Lawful for the Prophet", , Dar-us-Salam Publications,2000, ISBN-10: 1591440203, ISBN-13: 978-1591440208
7. Ibn Kathir,Tafsir ibn Kathir (Koranic Commentary),"The Prohibition of forcing One's Slave-Girls to commit Zina", , Dar-us-Salam Publications,2000, ISBN-10: 1591440203, ISBN-13: 978-1591440208
8. Ibn Kathir,Tafsir ibn Kathir (Koranic Commentary),"The Prohibition of forcing One's Slave-Girls to commit Zina", , Dar-us-Salam Publications,2000, ISBN-10: 1591440203, ISBN-13: 978-1591440208
9. ^ P.J. Bearman, Th. Bianquis, C.E. Bosworth, E. van Donzel and W.P. Heinrichs (ed.). "Abd". Encyclopaedia of Islam Online. Brill Academic Publishers. ISSN 1573-3912.{{cite encyclopedia}}: CS1 maint: multiple names: editors list (link)

External links

Traditional Sunni viewpoints

• IslamOnline fatwa
• Fatwa: Intercourse with female prisoners of war
• Fatwa: 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?

Traditional Shi'a viewpoints

• Slavery in islam

Critical viewpoints

• Muhammad and the female captives - Answering-Islam.org
• Does Islam condone slavery?
• Slave-girls as sexual property in the Quran - AmericanThinker.com

• Articles to be expanded from December 2006
• Sharia
• Qur'an
• Arabic words and phrases
• Islam and women
• Islam and slavery