battle of Ḥunayn Muslims refrain from raping women, but a verse is revealed that permits it

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Note: We were unable to provide links to the English translations. The links, therefore, refer to the original Arabic sources. If the researcher is familiar with both English and Arabic, he/she will be able to compare the two languages and judge the credibility and accuracy of translation for themselves.

 

According to Islamic cleric ,The female prisoners of wars belong to the Muslim army commander and  in order to humiliate them he can have sex with them

 

battle of Ḥunayn> Muslims refrain from raping women, but a verse is revealed that permits it

Battle of Ḥunayn (Awṭās):
Date: 8 Anno Hijra
“Forbidden to you are … married women, with the exception of those whom your right hands possess. This is Allah’s ordinance for you. As to others than these, it is lawful for you to seek [temporary union with them] with your wealth, in wedlock, not in license. For the enjoyment you have had from them thereby, give them their wages as stipulated, and there is no sin upon you in what you may agree upon after the stipulation. Indeed Allah is all-knowing, all-wise.” An-Nisāʾ 4:23,24

Commentary of Ibn Kathīr on Sura An-Nisāʾ 4:24:
“‘With the exception of those whom your right hands possess.’ It means: only those you possess by capturing. It is lawful for you to have sexual relations with them as long as you wait till they are cleansed (by means one menstrual period). This is the occasion for revealing this verse.
We possessed women from the captives of Awṭās (Battle of Ḥunayn), who had spouses. Therefore we were reluctant to sleep with them knowing that they had spouses. So we asked the Prophet, peace be upon him and his kin. Thereupon this verse was revealed: ‘with the exception of those whom your right hands possess.’ Consequently we regarded their private parts (furūjahunna) as lawful to us.”

 

Commentary of Al-Qurṭubī:
“With the exception of those whom your right hands possess”through capturing from the land of war. Such a woman is lawful for any man to whose share she falls, even if she had a husband. This is also the view of Ash-Shāfiʿī that captivity annuls the bond of marriage. For selling her counts as divorce, giving her away as alms (ṣadaqa) counts as divorce, bequeathing her counts as divorce and her husband’s divorce of her counts as divorce.
The verse means that they are lawful to you as long as their prescribed period of ʿidda (one menstrual period) is over. This is an authentic and straightforward text. The Companions of the Messenger of Allāh used to purify a captured woman by means of one menstrual period. The verse was revealed due to the embarrassment the Companions of the Prophet felt for having sex with captured women who already had husbands. Allāh revealed “With the exception of those whom your right hands possess.” The captive woman is a slave, and although she is married, her marriage bond is annulled and her ʿidda is that of a slave woman … and he saw in this account that if he kept her to himself, she is to be his private possession; because he has become her owner and she his wife by virtue of his ownership of her. Therefore nothing can stand between them. … The verse concerns married women; i.e., it is unlawful [to have sexual relations with them] unless the man buys that married slave woman. For selling her counts as divorce, giving her away as alms (ṣadaqa) counts as divorce, bequeathing her counts as divorce and her husband’s divorce of her counts as divorce. Ibn Masʿūd said: If a slave woman were sold and she had a husband, the buyer is more entitled to have sexual relations with her, as well as with a captive woman. All this is [legal] ground for separating her from her husband. Some have said that …with the exception of those whom your right hands possess,”means by marriage or through buying “with the exception of those whom your right hands possessmeans you possess their marriage bond by marrying them and possess their necks [i.e., bodies] by buying them. They are both in the capacity of “those whom your right hands possess” (mulk al-yamīn or mā malakat aymānukum).

 

Commentary of Aṭ-Ṭabarī: Those whom your right hands possess”: Are captive women who have been separated from their husbands by captivity. They have become lawful to whoever possesses them by virtue of being the possession of his right hand (mulk al-yamīn), without any form of divorce from her husband who was fighting [against Muslims] in war“Married women, with the exception of those whom your right hands possess,means: Every woman who has a husband is unlawful to you, except for a bondwoman you purchased even though she had a husband in the land of war (i.e., the land she was captured from at wartime); she is lawfully yours as long as you let her be purified [by one menstrual period] … he said: This refers to such women as you take as spoils of war. If you take a woman as spoils of war and she has a husband in her people, you may have sexual relations with her … This verse was revealed concerning the women who were taken captive from Awṭās … On the day of the Battle of Ḥunayn, he sent an army to Awṭās, where they encountered the enemy. They captured women who had unbelieving husbands, but Muslims avoided having sexual intercourse with them on the assumption that it was sinful. Therefore the Almighty God, may He be blessed forever, revealed this verse “Married women, with the exception of those whom your right hands possess,” i.e., they are lawful to you once they have completed their ʿidda (menstrual period).
When the Messenger of Allāh captured the people of Awṭās, we said, “O Messenger of Allāh, how could we have sexual intercourse with women whose lineage and husbands we know?” He said: This verse was then revealed:“Married women, with the exception of those whom your right hands possess,unless she were a bondwoman who has been bought by a buyer from her master. She is them lawful to the buyer. Selling her invalidates her marriage with her husband … On the authority of Ibn ʿAbbās, he said: “A bondwoman may be divorced from her husband in six [different] ways: selling her counts as divorce, freeing her counts as divorce, giving her away as a gift counts as divorce, waiting until she purified [by a menstrual period] counts as divorce and her husband’s divorce of her counts as divorce. Whoever buys her is more entitled to have sexual intercourse with her [than her original husband]. This means that a bondwoman may be sold even if she were married to a husband. God made them lawful as He said, “with the exception of those whom your right hands possess” by virtue of marriage of possession of the right hand (i.e., ownership of a slave woman).

Al-Baghawī’s interpretation: “with the exception of those whom your right hands possess means: It is permissible for the owner of captive women, who were captured at war and were married in the House of War, to have secual intercourse with them after waiting until they are purified, because though captivity the marriage bond between her and her husband is made null and void. Abū Saʿīd Al-Khidrī said: The Messenger of Allāh sent an army on the day of the Battle of Ḥunayn to Awṭās. They captured women who had unbelieving husbands, but Muslims were loath to having sexual intercourse with them. Therefore the Almighty God revealed this verse: “with the exception of those whom your right hands possess,that is, it is permissible for a man, whose bondwoman is in a married state with his own slave, to remove her from him. It was also said: “married women” signified free women, meaning that any number of women above four is unlawful, them with the exception of those whom your right hands possess. There is no restriction on number for you with regard to slave women.

 

Ṣaḥīḥ Al-Bukhārī, Book of Marriage 70, section on lawful and unlawful women 25:
As to His saying, “Forbidden to you are your mothers,” Anas said and “married women” from among women who already have husbands; i.e., freewomen. These are unlawful, with the exception of those whom your right hands possess. He sees nothing wrong with a man who removes his bondwoman from his slave.

Explanation:
So he sees nothing wrong with a slave-owner who removes his bondwoman from his own slave and has sex with her himself …. Ibn Ḥajar added in his commentary that the exception in His saying “with the exception of those whom your right hands possess,” signifies that it is lawful to the capturer to have sexual intercourse with captured women who are married. This precedent gave legal ground for a slave owner to take an slave woman from her husband and rape her.

Ṣaḥīḥ Muslim, Book of Breastfeeding 17, section on the legality of intercourse with a captive woman after she is purified (of menses or delivery), and in case she had a husband, her marriage to him is annulled by captivity:
1456 with the exception of those whom your right hands possess; these are lawful to you if their purification period is over.
At the Battle of Ḥunayn the Messenger of Allāh, peace be upon him, sent an army to Awṭās and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of the Messenger of Allāh, peace be upon him, seemed to refrain from having intercourse with captive women because they were married to polytheistic husbands. Then Allāh, Most High, sent down regarding that: And women already married, except those whom your right hands possess.” (iv. 24) (i. e., they were lawful for them when their ʿidda period came to an end).

Explanation and comments:
These pre-Islamic guys were by instinct embarrassed to sleep with these women, whose spouses they got to know during the battle.
They knew both their spouses and their in-laws, therefore the verse was revealed to legalize sex with them. We must stop here and make some remarks:
Muslims always say that in pre-Islamic times, people were merciless and immoral, but we see here that the men’s pre-Islamic background made them more human than the Prophet and the God of the Prophet.
Muslims always claim that Islam is the religion of the natural instinct (dī al-fiṭra), but we see here how the natural instinct of these men forbade them from committing a crime which Islam endorsed. How then can it be the religion of natural instinct?
The moment Islam legalized the raping of these wives, it reflected the instinct and feelings of these men. But at that moment, Islam destroyed these guys utterly and distorted their moral constitution completely. You can imagine how the men forced and raped those wives against their will while those wives were grieving over their massacred husbands. At that moment Islam wiped out what remained of their moral instinct. When the Messenger of Allāh persuading them to kill all the men of Banū Qurayẓa, he destroyed a part of them and when it persuade them to rape their women, it destroyed the humanity of these men completely, just as it did with all Muslims over the centuries. This explains all these documented details that are repeated in the books of traditions, such as like Al-Bukhārī and Muslim, and the Biography of the Prophet such as Ibn Hishām and Kitāb al-Maghāzī. But how did the authors of those books document the crimes of the Messenger of Allāh so feely? The answer is that the Prophet destroyed the inner moral compass so thoroughly that they could no longer to distinguish or tell right from wrong.
How does this heinous act be in line with the statement of Surah Al-Anbiyāʾ 21:107 “We did not send you but as a mercy to all the nations.”?
How does this heinous act be in line with the Ḥadīth that says: “It was sent to perfect morals.”?
How does this heinous act be in line with Sūrah Al-Aḥzāb 33:21: “There is certainly a good exemplar for you in the Messenger of Allāh.”?

Looting, stripping the dead and the examination of their male organs at this battle> Biography of the Prophet by Ibn Hishām »Battle of Ḥunayn in the eighth year after the conquest» the uncircumcised Christian boy who almost disgraced Thawīf:
Ibn Isḥāq said … He said: There was amongst us a man from the Anṣār looting the dead. He uncovered a slave he was looting and found him uncircumcised. He cried loudly: “O Arabs: God knows that [the men of] Thaqīf are uncircumcised.” Al-Mughīra b. Shuʿba said: “I took his hand, fearing that all Arabs will hear of this about us, I said: ‘No, may my father and mother be your ransom, don’t say that! He is only a Christian slave of ours.’ Then I went around uncovering all the dead, and said to him: ‘Don’t you see that all of them are circumcised?”

 

Kitāb Al-Umm by Ash-Shāfiʿī, prisoners and fetters> a woman taken captive together with her husband (Shāfiʿite jurisprudence): Ash-Shāfiʿī said: ... the Messenger of Allāh divided them (i.e., the women) forbade everyone from having sexual intercourse with any pregnant woman who was not pregnant, who became his, until she had her menstrual period, and every pregnant woman, who became his, until she gave birth. This took place during the looting of Awṭās. This indicates that captivity in itself breaks the bond of marriage between the couple. He wouldn’t command a married woman to be slept with after a menstrual period unless her bond of marriage has been broken. Ibn Masʿūd, may Allāh be pleased with him, mentioned that the words of God Almighty: “married women, with the exception of those whom your right hands possess,” refer to women who are married with husbands, whom you took possession when you took them captive. When they became slaves after once having been free, their bond marriage between them and their husbands was broken. Whether they were captured with their husbands, before their husbands, after their husbands, in the House of Islam or in House of war, their marriage bond can only be annulled through captivity, which turned them into bondwomen after having once been free.
Dear Muslim, do you accept for your wife to be taken away from you, stripped naked in front of everyone and be turned into a sex slave as Islam permits? (See: evidence that the nakedness of the bondwoman in Islam is from the navel to the knee.)
Yes, a sex slave. Once she is taken captive, the man who defeated you in battle can buy her. He may buy you too, in which case you will witness him raping your own wife in front of your eyes every day. The master is entitled to give your wife of another slave, and then, if he wants to rape her a second time, all he has to do is take her away from the slave again. You will own you, too. And as long as you belong to him, he can do with you whatever he wants.
Compare that with what the Bible says:“Suppose he has a violent son, who sheds blood or does any of these other things 11 (though the father has done none of them): “He eats at the mountain shrines. He defiles his neighbor’s wife. 12 He oppresses the poor and needy. He commits robbery. He does not return what he took in pledge. He looks to the idols. He does detestable things. 13 He lends at interest and takes a profit. Will such a man live? He will not! Because he has done all these detestable things, he is to be put to death; his blood will be on his own head.” Ezekiel 18: 10-13.
We wonder: Is it possible that the God of the universe can so harsh as to agree to this violence and rape? “Whoever claims to love God yet hates a brother or sister is a liar. For whoever does not love their brother and sister, whom they have seen, cannot love God, whom they have not seen.” I John 4:20.
While we are still at the Battle of Ḥunayn, let us present what has been mentioned in Ṣaḥīḥ Muslim, as well as other sources, about Muslim atrocities in this battle against women. After they were taken captive, they were driven like cattle.
Another expression was used here; i.e., “disrobe.” According to Imām Nawawī, it is actually a euphemism for rape. Imām Nawawī explains that this tradition teaches us a useful lesson about the legality of separating a woman from her daughter. He sees no dispute about this issue at all.
Again Imām Nawawī says we can learn from this tradition that ransom is legal and that men may be ransomed in exchange for unbelieving women.

 

Ṣaḥīḥ Muslim »Book of Jihād» Section on the giving of spoils of war as gifts and ransoming Muslims in exchange for prisoners:
1755 Zuhayr b. Ḥarb told us. … My father told me: … We raided Fazāra and Abū Bakr was the commander over us … When we were only an hour’s distance from the water of the enemy, Abū Bakr ordered us to attack. We made a halt during the last part of the night to rest and then we launched the raid from all sides and reached their watering−place where a battle was fought. Some of the enemies were killed and some were taken prisoners. I saw a group of persons that consisted of women and children. I was afraid lest they should reach the mountain before me, so I shot an arrow between them and the mountain. When they saw the arrow, they stopped. So I brought them, driving them along. Among them was a woman from Banū Fazāra … With her was her daughter who was one of the prettiest girls in Arabia. I drove them along until I brought them to Abū Bakr who bestowed that girl upon me as a prize. So we arrived in Medīna. I had not yet disrobed her when the Messenger of Allah, peace be upon him, met me in the street and said: Give me that girl, O Salama. I said: Messenger of Allāh, she has fascinated me. I had not yet disrobed her. When on the next day the Messenger of Allāh, peace be upon him, again met me in the street, he said: O Salama, give me that girl, may God bless your father. I said: She is for you. Messenger of Allāh! By Allāh, I have not yet disrobed her. The Messenger of Allāh, peace be upon him, sent her to the people of Mecca, and surrendered her as ransom in exchange for a number of Muslims who had been kept as prisoners at Mecca.
Commentary:
The story portrays the cruelty of Islam. This Muslim man saw the women and the boys and was afraid they might flee before he could take them captive, so he shot an arrow toward them. When they saw the arrow, they were afraid and stood in their place and he laid hold of them. The narrator used the expression “he drove them along” as though they were animals. There were a woman and her daughter among them. The daughter was beautiful and Abū Bakr gave the daughter to the man. He then met the Messenger of Allāh, who asked him to give him the beautiful girl. This Muslim man emphasized that he had not yet disrobed her; i.e., he had not yet had raped her. The Prophet insisted on having her. The Messenger exchanged her prisoners for Muslims who had been taken captive. Imām Nawawī explains that there is a useful lesson in this ḥadīth, which is the legality of separating a woman from her daughter. The ḥadīth shows how eager, passionate and enthusiastic the warriors were for collecting the booty. We see the way women were captured, which is unfortunately similar to the way animals are hunted in the forest, and driven like animals. (It is well known that captive women and children were transported by tying them in chains by their necks like animals as mentioned in Al-Bukhārī »book on interpretation of the Koran» Sūrah Āl-ʿImrān “You are the best nation [ever] brought forth for mankind.” Surah Āl-ʿImrān 3: 110. … “You bring them with chains on their necks till they embrace Islam.”

Four stages to deal with the family mentioned in this topic:
1) How they are captured like animals with chains by their necks:
2) How they are kept in the tent (of course if they have been tied in chains by their necks, they are kept in the tent as slaves):
3) How to dispose of them. In this case the man sent her to the Messenger of Allāh. As mentioned earlier, her nakedness after her captivity became only from the navel to the knee:
4) legality to separate the mother from her teenage son. She may be sold separately for her teenage son, who may see her naked and sold for sexual use. Being a slave himself, he cannot do anything to protect her:

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