Dear Shia Brothers and Sisters,
Unfortunately, there is absolutely no difference between Shia Fiqh and Sunni Fiqh, when it comes to slavery. Just like Sunni Fiqh, in Shia Fiqh too:
The rape of the captive woman is allowed.
The breasts of slave woman are naked.
Slave are bought and sold in the Bazaars.
If any slave woman tried to take Hijab, then Imam hit her and asked her to remove her Jilbab/Muqna (outer garment with which women covered their breasts and body) and she should not try to resemble the free Muslim women.
Wasail-us-Shia (link) and Alal Sharai (link):
سألت أبا عبد الله (ع) عن المملوكة تقنع رأسها إذا صلت؟ قال لا قد كان أبى إذا رأى الخادمة تصلى في مقنعة ضربها لتعرف الحرة من المملوكة
“I asked Aba `Abd Allah [al-Sadiq] (as) concerning the possession’s covering of her head when she prayed? He replied: ‘No! For when my father saw the female servant *praying* with a Muqna (outer garment sheet) on, he *hit* her; so that the free (Muslim woman) can be known from the possession (i.e. slave woman).”
And it is in Man La Yahduruh al-Faqih – the author al-Saduq – [1:373] and Wasail-us-Shia (link) that Imam al-Baqir said:
ليس على الأمة قناع في الصلاة
“There is no cover for the slave girl during pray.”
This report is declared “Sahih” by the Grand Ayatullah al-Sayyid Muhammad Sadiq al-Ruhani in Fiqh al-Sadiq [4:228]
In fact, it is narrated in Qadi Nu`man al-Maghribi’s Da`a’im al-Islam [1:177] and al-Nuri’s Mustadrak al-Wasa’il [3:217] that Ja`far al-Sadiq was asked about the permissibility for a slave girl to cover her through Muqna (outer garment sheet) during prayers and he replied:
لا كان أبى رضوان الله عليه إذا رأى أمة تصلى وعليها مقنعة ضربها وقال يا لكع لا تتشبهي بالحرائر
“No, when my father, `alayh as-salam, saw a slave girl praying and she had a Muqna, he hit her! And he said: ‘You rascal! Do not resemble the free women!’”
Bahar-ul-Anwar (Arabic Online link):
ابن طريف، عن ابن علوان، عن الصادق، عن أبيه عليهما السلام أن عليا عليه الصلاة والسلام كان إذا أراد أن يبتاع الجارية يكشف عن ساقيها فينظر إليها
Imam Sadiq (as) said when Imam Ali (as) wanted to buy a slave girl, then he used to undress her thighs and checked them.
According to Shia Madhab too the "Awra"(nakedness) of a slave girl is only from naval to knees. Bahar-ul-Anwar (Link):
ابن طريف ، عن ابن علوان ، عن الصادق ، عن أبيه عليهماالسلامأنه قال : إذ ازوج الرجل أمته فلا ينظرن إلى عورتها ، والعورة ما بين السرة إلى الركبة
Imam Sadiq (as) said: If the owner wants to marry his slave woman to another person, then the owner should not see her "Awra" (nakedness) which is between naval till knees (i.e. her breasts are naked).
ابن طريف، عن ابن علوان، عن الصادق، عن أبيه عليهما السلام أن عليا عليه الصلاة والسلام كان إذا أراد أن يبتاع الجارية يكشف عن ساقيها فينظر إليها
Imam al-Sadiq said: When Imam Ali wanted to buy a slave girl, then he used to uncover her thighs and inspect them.
And Dhimmi woman also has no "Sanctity" (حرمۃ) like the slave woman.Wasail-us-Shia (link):
ـ محمد بن يعقوب ، عن علي بن إبراهيم ، عن أبيه ، عن النوفلي ، عن السكوني ، عن أبي عبدالله ( عليه السلام ) قال : قال رسول الله ( صلى الله عليه وآله ) : لا حرمة لنساء أهل الذمة أن ينظر إلى شعورهن وأيديهن
The holy Prophet said: "There is no Sanctity (حرمۃ) of Dhimmi women (i.e. Non-Muslim woman living in Muslim Country). The hairs and hands of such woman could be seen.
Shia Fiqh: An owner is allowed to separate the slave-wife of his slave, and have sex with her
Just like Sunni Fiqh, in Shia Fiqh too, an owner is allowed to separate the slave-wife of his slave and start doing sex with her after she is free from her first menstruation blood.
Tafsir al-Mizan of Allamah Tabatabai (tafsir of verse 4:24, and those around it -- can be accessed here):
It has been narrated in traditions that the owner of a married slave woman may take away that woman from her husband, keep her untouched for the prescribed term, then have sexual relation with her, and thereafter return her to her husband. ۔۔۔ Ibn Muskan has narrated through Abu Basir, from one of the two Imams (a.s.), about the word of Allah: And all married women except those whom your right hands possess, that he said: "They are the women having husbands except those whom your right hands possess. If you have given your slave girl in marriage to your slave boy, you may remove her from him if you so wish." "I said: 'Do you see, if he has given her in marriage to other than his own slave boy?' He said: '(Then) he has no right to remove (her from him) until she is sold away; then if he sells her, her affair is transferred to other than him (i.e, to the buyer); then the buyer may separate (her from her husband) if he so desires, and may reconfirm (the marriage) if he so wishes." (at-Tafsir, al-'Ayyashi)
The same thing is present in these 3 traditions of Al-Kafi:
Al-Kafi, vol. 5, page 481 (link):
(باب) * (الرجل يزوج عبده أمته ثم يشتهيها) * 1 - علي بن إبراهيم، عن أبيه، عن عبد الله بن المغيرة، عن عبد الله بن سنان، عن أبي عبد الله (عليه السلام) قال: سمعته يقول: إذا زوج الرجل عبده أمته ثم اشتهاها، قال له: اعتزلها فإذا طمثت وطئها ثم يردها عليه إذا شاء. 2 - محمد بن يحيى، عن أحمد بن محمد، عن ابن محبوب، عن أبي أيوب، عن محمد بن مسلم قال: سألت أبا جعفر (عليه السلام) عن قول الله عز وجل: (المحصنات من النساء إلا ما ملكت أيمانكم) (1) قال: هو أن يأمر الرجل عبده وتحته أمته فيقول له: اعتزل امرأتك ولا تقربها ثم يحبسها عنه حتى تحيض ثم يمسها (2) فإذا حاضت بعد مسه إياها ردها عليه بغير نكاح. 3 - محمد بن يحيى، عن محمد بن أحمد، عن أحمد بن الحسن، عن عمرو بن سعيد، عن مصدق بن صدقة، عن عمار بن موسى، عن أبي عبد الله (عليه السلام) قال: سألته عن الرجل يزوج جاريته من عبده فيريد أن يفرق بينهما فيفر العبد كيف يصنع؟ قال: يقول لها: اعتزلي فقد فرقت بينكما فاعتدى فتعتد خمسة وأربعين يوما ثم يجامعها مولاها إن شاء وإن لم يفر قال له مثل ذلك، قلت: فإن كان المملوك لم يجامعها، قال: يقول لها: اعتزلي فقد فرقت بينكما ثم يجامعها مولاها من ساعته إن شاء ولا عدة عليها.
Chapter on a man who marries his (male) slave to his slave-girl, then desires her (the slave-girl).
The three hadith basically say the same thing that Allamah Tabatabai mentioned in his tafsir--that an owner of a slave girl, who is married to his (male) slave, can separate the slave-girl from her husband until she menstruates (or separate her for a period of 40 to 50 days, according to the third hadith), and then can have sexual relations with her. And then she can be returned to her husband (the male slave) without any need to renew their nikah.
The gradings of these three ahadith according to Allamah Majlisi are: Hasan, Sahih and Muwaththaq.
Shaykh Hurr al-Amili quotes other ahadith that say the same thing in his Wasael ush-Shia. Under the chapter (باب كيفية تفريق الرجل بين عبده وأمته إذا أراد وطئها) [Chapter on the manner in which a man separates his (male) slave from his slave-girl if he desires to copulate with her] in volume 21, page 149, he quotes 12 distinct Ahadith that are taken from al-Kafi, at-Tahdheeb, Tafsir al-Ayyashi, Man La Yahdhuruh al-Faqeeh, and al-Istibsar, that all confirm this.
Kitab al-Kafi: Whole chapter about slave women
The most important Hadith book of Shias is Al-Kafi. And it contains a whole chapter regarding slave women, which contains more than a hundred Ahadith, and all of them are about the worse type of humiliation of slave women.
Shias did translate the whole book of Al-Kafi into English, except for this particular chapter about the humiliation of slave women.
No wonder, they had to show this dishonesty, as these Ahadith about slave women were exposing the Injustice that the so-called Allah did against the poor slave women.
Shias made an excuse (for not translating the chapter about slave women) in the following words (link):
Chapter 112 to 137:
Chapters one hundred twelve to one hundred and thirty-seven deal with issues of slaves and slave-girls, which are not of any practical benefit today and it's translation may not be of any benefit as well.
Nevertheless, we are presenting a few traditions (with English Translation) from this chapter of Al-Kafi regarding slave girls, so that you can see for yourself why Shias didn't translate it.
Minor slave girls can be used for driving sexual pleasure by multiple men without any waiting period
Al Kafi – V 5 – The Book of Marriage Ch 112 H 3:
3 - محمد بن يحيى، عن أحمد بن محمد، عن ابن محبوب، عن ابن بكير عن هشام بن الحرث، عن عبد الله بن عمرو قال: قلت لأبي عبد الله أو لأبي جعفر (ع): الجارية يشتريها الرجل وهي لم تدرك أو قد يئست من المحيض؟ قال: فقال: لا بأس بأن لا يستبرئها.
Muhammad Bin Yahya, from Ahmad Bin Muhammad, from Ibn Mahboub, from Ibn Bukeyr, from Hisham Bin Al Haris, from Abdullah Bin Amro who said, ‘I said to Abu Abdullahasws or to Abu Ja’farasws, ‘The slave girl whom the man buys, and she has yet to be an adult, or has despaired from the menstruation’. So, the Imam said: ‘There is no problem if he does not clear her womb (i.e. observe any waiting period before penetrating in her vagina)’.
It practically means, multiple men can drive sexual pleasure from a minor girl (from the age of breastfeeding till the age of 12 when she gets her first menstruation) one by one even in one day, while there is no "waiting period" for her, even if her vagina is penetrated by these multiple men.
According to Shia Fiqh, marrying a minor girl (even if she is breastfed) with the permission of her father, and then driving sexual pleasures is "Halal Allah" (i.e. permissible). This minor girl can be made naked and then her husband can kiss her body, and he is also allowed to do "thighing" (i.e. rubbing their penis in the thighs of that minor girl and ejaculate), or if she is 4 or 5 years old, then he can compel her to masturbate his penis. And if she is 6 or 7 years old, then she can even be penetrated in her vagina if the husband thinks that she is strong enough to bear the penetration.
For details, please read our article: Islam: Even a breastfed baby Girl can be married and used for sexual pleasure. Shia Mujtahideen like Khomeini and Khoi etc. gave this fatwa in the light of the Quran.
The differences are:
- If a minor girl is a "Free person", then his father gives her in Nikah of any man. He does not need any "consent" either from his minor daughter, or of her mother, or of any Islamic court, or society.
- But in the case of a minor "Slave girl", even the consent of the father is also needed. A rich Muslim can buy a minor slave girl from the slave market, and he can drive all kinds of sexual pleasures from her and no one can stop him even if he is a psychopath and he beats and tortures the minor slave girl while raping her.
- And another difference is if the minor girl is a "free person", then only her husband can drive sexual pleasure from her. Nevertheless, if the minor girl is a slave, then the master, along with his brothers or friends (i.e. multiple men) can drive sexual pleasure from her (including penetration in her vagina) in a single day.
Not only a minor girl, but it is also true about a slave woman who does not get any menstruation due to her age (i.e. when she is 45 years old when menstruation stops naturally). Such a slave woman can also be raped by multiple men in a single day, and it is totally Halal Allah (i.e. permissible).
The waiting period for a slave girl is only becoming pure from her menstruation (i.e. 3 to 5 days)
Al Kafi – V 5 – The Book of Marriage Ch 112 H 6:
۔۔۔ وسألته عن رجل اشترى جارية وهي حائض، قال: إذا طهرت فليمسها إن شاء.
. He (the narrator) said, ‘And I asked the Imam about a man who bought a slave girl and she was menstruating. He said: ‘When she is pure, so let him touch her if he so desires to’.
Taking all kinds of pleasures except for penetration in her vagina is allowed even before the end of the waiting period
Al Kafi – V 5 – The Book of Marriage Ch 112 H 9:
محمد بن يحيى، عن أحمد بن محمد، عن علي بن الحكم، عن موسى بن بكر، عن زرارة، عن حمران قال: سألت أبا جعفر (ع) عن رجل اشترى أمة هل يصيب منها دون الغشيان ولم يستبرئها؟ قال: نعم
‘I asked Abu Ja’far about a man who bought a slave girl. Can he attain from her besides the overwhelming (copulation with penetration), and he has not cleared her womb?’ He said: ‘Yes, when it Obligates her, and she comes to be from his wealth. So if she were to die, it would be from his wealth’.
Taking pleasure is allowed (except for the vagina) even if the slave woman is pregnant from another person
Al Kafi – V 5 – The Book of Marriage Ch 114 H 5:
محمد بن يحيى، عن أحمد بن محمد، عن ابن فضال، عن ابن بكير، عن زرارة بن أعين قال: سألت أبا جعفر (ع) عن الجارية الحبلى يشتريها الرجل فيصيب منها دون الفرج قال: لا بأس، قلت: فيصيب منها في ذلك؟ قال: تريد تغرة.
‘I asked Abu Ja’far about the pregnant slave girl whom the man buys, so he attains from her besides the private part. He said: ‘There is no problem’. I said, ‘Supposing he attains from her in that (i.e. vagina) too?’ He said: ‘Do you intend deception?’
If a slave woman marries a person without the permission of her master, then it is adultery, while if a male slave marries a woman without permission, then it is not an adultery
Al Kafi – V 5 – The Book of Marriage Ch 118 H 1:
عدة من أصحابنا، عن سهل بن زياد، عن أحمد بن محمد بن أبي نصر البزنطي، عن داود بن الحصين، عن أبي العباس قال: سألت أبا عبد الله (عليه السلام) عن الأمة تتزوج بغير إذن أهلها، قال: يحرم ذلك عليها وهو الزنا
‘I asked Abu Abdullah about the slave girl who gets married without a permission of her owner. He said: ‘It is Prohibited unto her and it would be the adultery’.
Al Kafi – V 5 – The Book of Marriage Ch 117 H 5:
محمد بن إسماعيل، عن الفضل بن شاذان، وعلي بن إبراهيم، عن أبيه، عن ابن أبي عمير، عن عبد الرحمن بن الحجاج، عن منصور بن حازم، عن أبي عبد الله (ع) في مملوك تزوج بغير إذن مولاه أعاص لله؟ قال: عاص لمولاه، قلت: حرام هو؟ قال: ما أزعم أنه حرام وقل له أن لا يفعل إلا بإذن مولاه
(It has been narrated) from Abu Abdullah regarding an owned slave who married without a permission from his master, has he disobeyed Allah?’ He said: ‘He disobeyed his master’. I said, ‘Prohibited, is it?’ He said: ‘I do not claim that it is Prohibited, and say to him that he should not do it except with the permission of his master’.
A new master can rape the slave woman after purchase, even if she previously had a husband
Al Kafi – V 5 – The Book of Marriage Ch 121 H 1:
محمد بن إسماعيل، عن الفضل بن شاذان، وأبو علي الأشعري، عن محمد بن عبد الجبار جميعا، عن صفوان بن يحيى، عن ابن مسكان، عن الحسن بن زياد قال: سألت أبا عبد الله (عليه السلام) عن رجل اشترى جارية يطؤها فبلغه أن لها زوجا؟ قال: يطؤها فإن بيعها طلاقها وذلك أنهما لا يقدران على شئ من أمرهما إذا بيعا
I asked Abu Abdullah about a man who bought a slave girl. He slept with her, and (news) reached him that for her is a husband. He said: ‘He can sleep with her, for her sale is her divorce.
Raping a pregnant slave woman with penetration in her vagina, after buying her
Al Kafi – V 5 – The Book of Marriage Ch 126 H 1:
محمد بن يحيى، عن أحمد بن محمد، عن علي بن الحكم، عن سيف بن عميرة، عن إسحاق بن عمار قال: سألت أبا الحسن (عليه السلام) عن رجل اشترى جاريه حاملا وقد استبان حملها فوطئها قال بئس ما صنع، قلت فما تقول فيه؟ قال: أعزل عنها أم لا؟ قلت: أجبني في الوجهين، قال: إن كان عزل عنها فليتق الله ولا يعود وإن كان لم يعزل عنها فلا يبيع ذلك الولد ولا يورثه ولكن يعتقه ويجعل له شيئا من ماله يعيش به فإنه قد غذاه بنطفته.
‘I asked Abu Al-Hassan about a man who bought a pregnant slave girl and her pregnancy had manifested, so he slept with her. He said: ‘Evil is what he has done’. I said, ‘So what are you saying regarding it?’ He said: ‘Is he isolated from her or not?’ I said, ‘Answer me regarding the two aspects’. He said: ‘If he had isolated, so let him fear Allah and he should not repeat (i.e. there is no physical punishment for him), and if he had not isolated from her, so he should not sell that child, and the child would not inherit him, but he should emancipate the child and make something from his wealth to be for the child so that the child can live by, for he had nourished the child with his seed (i.e. semen)’.
Al Kafi – V 5 – The Book of Marriage Ch 126 H 2:
علي بن إبراهيم، عن أبيه، عن النوفلي، عن السكوني، عن أبي عبد الله (عليه السلام) أن رسول الله (صلى الله عليه وآله) دخل على رجل من الأنصار وإذا وليدة عظيمة البطن تختلف فسأل عنها، فقال: اشتريتها يا رسول الله وبها هذا الحبل، قال: أقربتها؟ قال: نعم، قال: أعتق ما في بطنها، قال: يا رسول الله وبما استحق العتق؟ قال: لأن نطفتك غذت سمعه وبصره ولحمه ودمه.
(It has been narrated) from Abu Abdullah that Rasool-Allah went over to a man from the Helpers, and there was a mother with a large belly arguing. So he asked about her, so he said, ‘I bought her, O Rasool-Allah, and with her was this pregnancy’. He said: ‘Did you go near her?’ He said, ‘Yes’. He said: ‘Emancipate whatever is in her belly’. He said, ‘O Rasool-Allah, with what is the emancipation deserved?’ He said: ‘Because your seed nourished his hearing, and his vision, and his flesh, and his blood’.
Therefore, even if he rapes the pregnant slave woman with penetration, still there is no punishment for him.
It happened during the Jihadi wars, where the poor prisoner women were hand-cuffed and then distributed among the Jihadi Muslims, where they were alone with them in their camps during the night. Although it was not allowed to penetrate their vaginas if they previously had husbands, nevertheless, we can better imagine that it was almost impossible for Jihadi Muslims not to penetrate them, while:
- Jihadi Muslims didn't have their wives with them.
- And the prisoner women were handcuffed, and they were alone with them in their tents.
- The upper garments of the poor prisoner women were taken off, and their hair and breasts were made naked, as they were slaves and they were not allowed to resemble the free Muslim women by hiding their hair and their breasts.
- And Jihadi Muslims were allowed to drive sexual pleasures from their bodies (and compel them to masturbate them etc.). So what if any Jihadi lost control over himself and also raped her with penetration in her vagina?
- Please note that the testimony of slaves against their owners was not accepted in Islamic Sharia. Thus, even if the poor prisoner women were raped, still they were not allowed to go to Islamic courts. Thus, nobody could punish the Jihadi for raping the prisoner women with penetration.
Scientific Mistake of Shia Imam/Prophet:
Both Shia Imams/Prophet and Sunni Prophet (i.e. Muhammad) made a huge scientific mistake as they thought similarly, like the people of Jahiliyyah (i.e. the time of ignorance), that the semen of another person can indeed nourish the fetus. And due to this huge scientific mistake, both the Shias and the Sunnis put an extra burden upon the poor divorced/widow pregnant woman and prohibited them to marry another person till the delivery of the fetus. A woman needs a lot of love and care and financial support during her pregnancy, and the only way for a divorced/widowed pregnant woman to get all these things is to marry another man. But Islam again oppressed the poor divorced/widow pregnant women in this case, by imposing unnecessarily the hardships of the waiting period upon them and taking away the chance from them to have the love, care and support of another man during their pregnancy.
The Evil of "Separating the child from the slave mother, and selling in the market" in Shia Islam:
Just like Sunni Islam, Shia Islam also allows the owner to separate the child from the slave mother and then sell the child in the Bazar of Slavery. Just look at this hadith, where the Shia Imam is asking the owner not to sell the child. This means, if the owner had not penetrated the vagina of the pregnant slave mother, then he would have all the right to sell the child in the slave market.
Therefore, it was actually a blessing for the child if the owner raped his/her slave mother with penetration in her vagina. It became a reason for the freedom of the child, and his good luck that he/she would not be separated from his/her mother and sold in the slave market.
The Evil of "Slavery By Birth" in Shia Islam:
Just like Sunni Islam (link), Shia Islam also has the same evil of "slavery by birth". The child of a slave woman, who is not from the owner, he/she will be automatically born as a slave to the owner of the slave woman.
For example, if she was pregnant from the earlier owner (as in the above-mentioned hadith), or if her master marries her to another free Muslim man, or to any of his slaves, then the children from such a union will automatically born as slaves to the owner of the slave woman.
A child from a slave woman can only be free if the owner himself rapes the slave woman, and then his own child is born, then that child will be free.
In the Quran, it was "discouraged" that a free man does Nikah with a slave woman of any other person. And the reason behind this is, the children of that free Muslim man will automatically born as slaves of the owner of the slave mother.
And whoever among you has not within his power ampleness of means to marry free believing women, then (he may marry) of those whom your right hands possess from among your believing maidens; and Allah knows best your faith: you are (sprung) the one from the other; so marry them with the permission of their masters ... This (permission of marrying a slave woman) is (only) for him among you who fears falling into evil; and that if you abstain (from marrying a slave woman) is better for you (while your children will be automatically born as slaves), and Allah is Forgiving, Merciful.
All Shia Muffasirin and Fuqaha (jurists) are unanimous on this. Allamah Tabatabai wrote under the commentary of this verse 4:25 (link):
However, abstinence and patience is better (than marrying the slave women), in any case. If it indicates abstaining from marrying slave girls, it is because of the rights their masters have on them and on their offspring — as described in books of jurisprudence.
An 'Akhbari Shia Website' (who don't follow Shia Mujtahidden, but only Shia traditions) in fact translated this chapter into English. You can read all these Ahadith here (link). Please start from reading page 31 to read all these Ahadith, which are humiliating and discriminate against the poor slave women in the worst possible way.
A dialogue with “Quranists” (Rejectors of Hadith)
(Quran 54:17) ولقد يسرنا القرآن للذكر فهل من مدكرWe have made the Quran easy to understand, but is there anyone who would pay attention?
And then the Quran claims that it is a GUIDE for the believers.
وَإِنَّهُ لَهُدًى وَرَحْمَةٌ لِّلْمُؤْمِنِينَ
And it (Quran) certainly is a Guide and a mercy to those who believe.
But according to the Quranists, then this Quran was neither a guide nor mercy for billions of Muslims of the last 1400 years, as millions of slave/prisoner women were raped.
Who is then responsible for the plight of those prisoner/slave women?
And then the Quran claims that its verses are CLEAR.
تِلْكَ آيَاتُ الْقُرْآنِ وَكِتَابٍ مُّبِينٍ
These are the verse of the Koran and a Clear/Manifest Book.
So, what kind of CLEAR book is this which is even unable to save the rights of helpless slave/prisoner women?
And then the Quran claims that it was revealed in Arabic language, so then people can understand it.
إِنَّا أَنزَلْنَاهُ قُرْآنًا عَرَبِيًّا لَّعَلَّكُمْ تَعْقِلُونَ
We have revealed it in the Arabic language so that you would understand it.
But according to the Quranists, those billions of Muslims of the last 1400 years were unable to understand the Quran, despite it being in the Arabic language. And it resulted in the rape of millions of slave/prisoner women throughout the 1400 years of the history of Islam.
Who is then responsible for the plight of these slave women?
Were really Muslims of the last 1400 years responsible, who were reading this Quran and pondering upon it, and despite that came to absolutely wrong and horrible conclusions?
Or it was the so-called Allah, who was UNABLE to reveal a single clear verse about the rights of slave/prisoner women?