Enslaving Free People Through Raids and Aggression
Machine translationRead the Arabic original
Question:
This questioner says: You mentioned to us in one of the questions the statement of a questioner: "What do you say about the slaves of Makkah?" and you did not comment on that, even though those who are called slaves are taken by force or injustice, such as those who would come for Hajj, then be taken from the road and killed, and likewise what happened in some countries where a tribe would raid another tribe and take their boys. Does this count as slavery? May Allah reward you with good.
Answer:
This is another new research topic that is not related to Hajj. The scholars have a detailed explanation regarding it. It is not permissible to enslave a free person. Enslaving a free Muslim without right is not allowed. One is only enslaved by the Shari'ah, either through captivity, or through inheritance from those who were captured, where they are brought and sold to the inheritor. As for enslaving them through raiding and plundering, this is forbidden, an abomination with a severe warning. Allah the Exalted says, in what was narrated from the Prophet (peace and blessings be upon him):Sahih al-Bukhari 2227 We ask Allah for safety. Therefore, it is not permissible for people to enslave, whether tribes or non-tribes, whether through wars or otherwise. It must be an Islamic war, an Islamic jihad against the disbelievers. If they capture their women and children, they enslave them. But for a tribe to aggress against another tribe, or for a person to use his strength to enslave or aggress and take people's children, this is a great haram and a severe abomination. We ask Allah for safety. Yes.
This questioner says: You mentioned to us in one of the questions the statement of a questioner: "What do you say about the slaves of Makkah?" and you did not comment on that, even though those who are called slaves are taken by force or injustice, such as those who would come for Hajj, then be taken from the road and killed, and likewise what happened in some countries where a tribe would raid another tribe and take their boys. Does this count as slavery? May Allah reward you with good.
Answer:
This is another new research topic that is not related to Hajj. The scholars have a detailed explanation regarding it. It is not permissible to enslave a free person. Enslaving a free Muslim without right is not allowed. One is only enslaved by the Shari'ah, either through captivity, or through inheritance from those who were captured, where they are brought and sold to the inheritor. As for enslaving them through raiding and plundering, this is forbidden, an abomination with a severe warning. Allah the Exalted says, in what was narrated from the Prophet (peace and blessings be upon him):
three persons on the Day of Resurrection: -1. One who makes a covenant in My Name, but he proves treacherous. -2. One who sells a free person (as a slave) and eats the price
ثلاثة أنا خصمهم يوم القيامة رجل أعطى بي ثم غدر، ورجل باع حرا فأكل ثمنه
Source
فتاوى الحج ١٤١٠ هـ - ١٦ — archive.org (40:21)
The Arabic text is a machine transcription of the audio recording.
