The ruling on having intercourse with a captive female slave without her consent and the annulment of her marriage to her disbelieving husband
Machine translationRead the Arabic original
The questioner:
May Allah reward you, Honorable Shaykh. This questioner says: Is it permissible to have intercourse with a slave woman owned by right of possession, even if she does not consent?
The Shaykh:
She has no consent, my brother. She is property that he owns; she has no consent. Yes.
The questioner:
And in his second question he says: Is it permissible to have intercourse with her if she has a disbelieving husband?
The Shaykh:
Her marriage to her husband is annulled by the Muslims taking possession of her as war spoils, but she must be given time to ensure she is not pregnant. The one who receives her share must wait to ensure she is not pregnant before having intercourse with her, lest she be carrying a child.
The presenter:
May Allah reward you, Honorable Shaykh.
The Shaykh:
The one who carried the MessengerBulugh al-Maram 8:185 must wait until she has her period.
May Allah reward you, Honorable Shaykh. This questioner says: Is it permissible to have intercourse with a slave woman owned by right of possession, even if she does not consent?
The Shaykh:
She has no consent, my brother. She is property that he owns; she has no consent. Yes.
The questioner:
And in his second question he says: Is it permissible to have intercourse with her if she has a disbelieving husband?
The Shaykh:
Her marriage to her husband is annulled by the Muslims taking possession of her as war spoils, but she must be given time to ensure she is not pregnant. The one who receives her share must wait to ensure she is not pregnant before having intercourse with her, lest she be carrying a child.
The presenter:
May Allah reward you, Honorable Shaykh.
The Shaykh:
The one who carried the Messenger
The Prophet (ﷺ) said in regard to the captives taken at Autas, "There must be no intercourse with a pregnant woman till she gives birth, or with
صلى الله عليه وسلم قال في سبايا أوطاس لا توطأ حامل حتى تضع، ولا
Source
قناة «العلامة الدكتور صالح الفوزان»، [3436/2996] حكم وطء الأَمَة المسبية بغير رضاها وانفساخ نكاحها من زوجها الكافر - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.