Marriage Section · 45 – Sexual Relations with Captives
Abū Sa'īd al-Hudrī (may Allah be pleased with him) narrated:
The Messenger of Allah ﷺ sent a company to ‘Evtās on the day of Hunayn. When this company encountered the enemy, they fought them and were victorious. They took prisoners from among the enemies. The Messenger of Allah ﷺ then ordered a group of his companions to deal with the female captives, but they found it difficult because these women had müşrik (polytheist) husbands. Then the Most High Allah revealed regarding this matter: “The married women among the captives are forbidden to you, except those whom your right hands possess.” That is, the married captive women are lawful to you when their ‘iddah (waiting period) has ended. [151]
**EXPLANATION:**
*Ba’s:* Refers to a night expeditionary force.
*Evtās:* Is a location three stages away from Mecca, the territory of the Banu Hawāzin tribe.
*Sibaya:* Means captives.
*Taharracu:* Signifies experiencing difficulty and hardship.
*Ghushyan:* Means sexual intercourse or contact. If both husband and wife are taken captive, they are considered separated and divorced. The ruling is the same if only one of them is captured. Pregnant captives cannot be approached until they give birth, women who have reached menstruation must wait until their menstrual cycle ends, those who were with their husbands as captives must wait until their ‘iddah expires. After delivery, purification from pregnancy occurs; after cleansing from menstruation, and after the expiration of the ‘iddah of the woman who has a husband, contact is permissible.
According to Abū Ḥanīfa: If both husband and wife are taken captive together, they remain in their previous marriage contract.
From Abu Dharr (may Allah be pleased with him) it is narrated:
Indeed, the Messenger of Allah (peace and blessings upon him) was on a campaign when he saw a woman who appeared to be in labor. He said, “I think someone has touched her (captive).” Those present replied, "Yes." The Messenger of Allah (peace and blessings upon him) then said, “By God, I considered cursing the one who touched her, such that the curse would follow him to his grave. How can he be a guardian over her when she is not lawful for him? How can that child serve him as a slave when he is not lawful for it?” [152]
EXPLANATION:
Muhajja: A woman nearing childbirth.
‘Alamma: Refers to sexual intercourse.
Abū Sa’īd al-Hudrī (may Allah be pleased with him) narrated, upon his hearing, that the Prophet ﷺ said concerning female captives: “No intimacy should occur with pregnant captives until they give birth, and with non-pregnant ones until they see a menstrual period.”
Ruveyti bin Sabit al-Ansarī, may Allah be pleased with him, related:
A speaker rose among us and said, “I will not speak to you about anything other than what I heard from the Messenger of Allah, peace and blessings be upon him, on the day of Hunayn.”
The Messenger of Allah, peace and blessings be upon him, then said, "It is not permissible for anyone who believes in Allah and the Last Day to water another’s crops with his water," – meaning contact with pregnant women is forbidden. “Nor is it permissible for anyone who believes in Allah and the Last Day to touch a female captive until she purifies herself from menstruation.” “And it is not permissible for anyone who believes in Allah and the Last Day to sell spoils of war before they are distributed.”
It is also narrated from Ibn Ishaq. However, Abu Muawiya transmitted this hadith as, "It is not permissible to approach until she has been purified from her menstrual flow." Thus, he added the words “from her menstrual flow.” But this addition is an error of Abu Muawiya. The extra wording in the Hadith of Abu Sa’id is authentic.
Subsequently, Abu Muawiya added the following sentence to this hadith: "Whoever believes in Allah and the Last Day should not ride a beast taken as spoils of war until he has weakened it, then return it. Whoever believes in Allah and the Last Day should not wear clothing taken as spoils of war until he has worn it out, then return it."
Abu Dawud said: The narration containing the words "from her menstrual flow" is not the preferred version; this is an error from Abu Muawiya.