The ruling on having intercourse with a captive woman and whether a marriage contract is required
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah grant you success, how does captivity occur? And does he marry this captive woman and contract with her?
The Shaykh:
What is he saying?
The questioner:
He says: How does captivity occur, and does he marry this captive woman?
The Shaykh:
Regarding war spoils, if there are children and women among the polytheists, they are not killed but taken captive and become slaves for the Muslims. If a woman from among them falls into a man’s share, she becomes his property by right of ownership. He may take her as a concubine without a marriage contract, because ownership by right is stronger than a marriage contract. However, he must wait for her to be purified; he does not take her as a concubine until she is purified, lest she be pregnant.
Honorable Shaykh, may Allah grant you success, how does captivity occur? And does he marry this captive woman and contract with her?
The Shaykh:
What is he saying?
The questioner:
He says: How does captivity occur, and does he marry this captive woman?
The Shaykh:
Regarding war spoils, if there are children and women among the polytheists, they are not killed but taken captive and become slaves for the Muslims. If a woman from among them falls into a man’s share, she becomes his property by right of ownership. He may take her as a concubine without a marriage contract, because ownership by right is stronger than a marriage contract. However, he must wait for her to be purified; he does not take her as a concubine until she is purified, lest she be pregnant.
Source
قناة «العلامة الدكتور صالح الفوزان»، [3436/2715] حكم وطء السبية وهل يحتاج إلى عقد؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.