we share Maria Qibtiyya (and way more)

Assalam Alaikum
Hope this message is reached with great health and iman inshallah.  My questions are concerning Maria the Copt (R), and why some scholars say that she was the Prophet’s (S) concubine.  I would like to understand how some scholars Islamically justify a relationship out of wedlock and also a child, Ibrahim, out of wedlock?  I read somewhere that it was lawful for a male to have relations with his female slave according from the Qur’anic verse “that which your right hand possesses”. Was the reason for such a law to get rid of slavery? If the purpose was to get people to treat slaves better then why didn’t the Prophet (S) just marry her, and if she converted to Islam she couldn’t have been kept as a slave.  It’s for these inconsistencies that I believe the Prophet (S) was married to her.  I would appreciate clarification on this matter as I know there is always an Islamic reasoning behind the things the Prophet (S) did, however, I do not know the significance of why the Prophet(S) would have a concubine according to some scholars.
Jazakumullah

Time Sent: Tuesday June 30, 2009

A. وعليكم السلام ورحمة الله وبركاته

We would not answer your question directly. For our student based audience, we are to give them a glimpse of how to respond to such queries from the general masses. Pointers would be shared to extend your insight to the interactions of the prophet:

Point (fact) one: People have repeatedly asked us: how could the Prophet (sallallaahu alayhi wa sallam) be intimate with a with a slave? Or have in his nikah  multiple wives? What were the rights awarded to slaves during Islam? What was the benefit for a any prophet to even possibly be intimate with slaves? In light of modernity, internet, media, these questions are posed repeatedly. It is only fair to tackle from a multiperspective.

Point (fact) two: A prophet by definition is a guide to humanity.  Assists people to gradually attain the point of perfection in worldly matter for a better hereafter. Such guidance requires prophets (peace upon them all) to be part of society, live certain aspects like that of their society whilst creating change from an internal dynamic perspective. Every action of theirs is with reason, many times not immediately comprehended to humans.

Example: To abolish alcohol, prostitution, gambling, slavery, etc. in one go would have created a massive dissonance and repulsion towards Islam. It also would defy the concept of Raab which means to nurture harmoniously into a state of equilibrium (balance) from a state of disequilibrium. Although no Prophet ever went towards degrading practices, they would always help with gradual elimination of certain adverse actions though the process of positive modeling and advice.

Regarding Maria (RA), she was awarded the title of Mother of believers by many, including the likes of Ibn Kathir. We feel that this title is justified primarily as a result of Sayidinah Umar later making a personal attempt to gather people for her funeral. Although it cannot denied in absolute terms that she was never a slave, it cannot be proven in absolute terms that she was never married to Rasulullah (SAW) either.

Subtle point: In Islam, the act of marriage comes with certain words. If it is stated:  i gift my slave to you as a wife, and an acceptance occurs by the recipient, this would indicate ijaab (request) and qoobool (acceptance) — terms of marriage in Islam. Couple this  idea to the fact that had she ‘just been a slave’ that was to be let go at some point, he (RA) would have not made the added attempt of gathering many people for her funeral and having her buried in Janatul Baqi.

قال ابن عبد البر : « وتوفيت مارية في خلافة عمر بن الخطاب، وذلك في المحرم من سنة ست عشرة ، وكان عمر يحشر النَّاس بنفسه لشهود جنازتها ، وصلى عليها عمر ، ودفنت بالبقيع

Point three: Religions and nations other then Islam have allowed for slavery and marriage to more wives then Islam ever allowed. Islam too continued with past traditions in its early stages. However, Islam by contrast took pride in abolishing old customs and promoted the emancipation of slaves. Muslim and non-Muslim historian alike note: Islam awarded slaves greater human rights, minimized the punishment a master could award a slave, awarded freedom for the abused slave through advice, made sure the slave was always well fed, clothed; not made to  work beyond their human capacity, etc.

When West became east in certain of its values, it all of a sudden forgot its enslaving past

Generally when slavery is viewed from a western perspective, its notion is viewed as repulsive, an act to be shunned. Many conveniently forget, Islam led the way in this pursuit. If supposed she (RA) was a slave, then the  prophet (SAW) having a slave would be part of him actively leading by example as to the manner in which masters ought to treat subordinates and facilitate in their emancipation. (After all, we all agree, he (SAW) had no slave in his his ownership when he bid farewell to the physical world.)

How rules are derived in islam

Prophets are in a tricky situation: If a prophet shuns slavery from the get go, people would state: ‘he does not know what it feels like to have a slave, had he had slaves, his rulings would have been different regarding them.’ When a prophet does the halal actions as people do,  they react by saying: ‘he walks like us, goes shopping like us, etc.’ (Ayah) Thus, it is essential to note: A prophet’s words and actions both comprise of sunnah (example).  Humanity only benefits when people learn as to the treatment of another when a prophet addresses pertinent matters a culture can releate to.

Point four: case in point with the wisdom of a prophet when he marries: When Rasulullah (SAW) married Sayiddinah Jaweriyya (RA), due to her marriage to the Prophet (SAW) the sahaba freed the people of her family that were taken as captives. They felt embarrassed to havethem as slaves when the Mother of all believers remained linked to the Prophet (SAW). This caused many of the Wives of Rasulullah (SAW) to admire her. For she helped in the emancipation of many through the institution of marriage! Thus, to claim as some historians have done, that his marriages remain to benifit only himself (SAW) would be most inaccurate.  In this instance alone, her (RA) family was the greater beneficiary of this marital contract (Aqd).

Point five: (technical stuff for those into tafseer and fiqh)

يَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَ تَبْتَغِي مَرْضَاتَ أَزْوَاجِكَ وَاللَّهُ غَفُورٌ رَّحِيمٌ م

Some tafaseer argue (ibn Abbas): Nabi (SAW) did not want to take part in shared intimacy with Mariyah Qibtiyah(RA). It was then revealed to him (SAW), why are you forbidding yourself from that which Allah (SWT) has made halal for you. So even if she (RA) was not a wife, Allah (SWT) makes it hallah for him (SAW) to be intimate with her, and none can question the authority of Allah (SWT). Another view has it, wherein the Mother of the believers conveys to  Rasulullah (SAW), ’she is Halal for you,’  implying that  shared intimacy is not a question by Allah (SWT) as ayah alludes as well as those close to him (SAW).  Here halaal can mean one of two things, hallal due to marriage or as a result of slavery!

قالت حفصة: وكيف تَحْرُمُ عليك وهي جاريتك

Point t six: A finer point often neglected and worthy of mention from the works of Islamic  jurisprudence: in the case of Islam a slave was allowed to buy his/her freedom through personal trade/business. Another method of emancipation was when a woman (slave) gave birth to a child of the master, it could agreed that she would be free. Another would be after the masters’ death. Islam also gave emancipation through other positive contingencies. Few people care to share these pertinent facts of Islam’s liberation towards the marginalized.

Point seven: Those that become Muslims after capture would not necessarily be freed, for they converted after the fact. History proves that such people too were emancipated.

As for ‘what your right hand owns,’ Islam here is referring to those that came to you as slaves from prior inheritance, descendants of slaves, or those that came to you through the spoils of war.

Point 8: The broader picture: had Islam relished slavery, then Rasulullah (SAW) and Sayidinah Umar would not have freed approximately 63 slaves each, Abdurahman bin Ouff would not have let go of 30 000 slaves.  Sayidinah Usman would free a slave on Friday and took a pledge to free more of them if he ever saw any of them performing salah with  humility. Sayidinah Umar created reform for slaves and helped free many within his khilafat. Sayidinah Aysha (RA) freed 69 slaves herself.

I hope we have pointed you in the right direction. Or least brought some clarity to the manner to prophetic interactions.

Allah Certainly Knwos Best.