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Prophet Did Not Give Permission to Salamah to Rape a Girl

Thursday 31-1-2019

Question

Assalamualaikum, could you do a response for the hadith in Sahih Muslim regarding the young woman who was given by Abu Bakar RA to Salama RA after the raid against the Banu Fazara tribe? The hadith states that she was with her mother before they were taken as captives. When Salama brought the woman to Medina, the Prophet sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention )asked that he should give her to him so that she be made as ransom for a number of Muslim prisoners in Mecca. The hadith gives the impression that she was the only one to be made as ransom. Were all the other captives ransomed as well? I cant help but feeling that she was deliberately separated from her mother. Was her mother also given to Salama RA? Was she ransomed for Muslim prisoners too along with her daughter? The hadith as certain malicious critics like to point out states that the Prophet sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention )gave Salama a free pass to rape (Nauzubillah!) the woman for one night before requesting again to him to give her as ransom for the prisoners the next day. Please do a response for this.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

This Hadeeth is reported in Saheeh Muslim, and the tribe conquered by Abu Bakar was Fazaarah. It should be noted that the Islamic Shareeah and its tolerance with war prisoners and treatmenting them kindly, far exceeded all legislations. The guidance of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) was that he urged the people to honor them and be kind to them, pursuant to the teachings of the Quran, as Allah Says (what means): {And they give food in spite of love for it to the needy, the orphan, and the captive.} [Quran 76:8]

Abu Moosa Al-Ashari  may  Allaah  be  pleased  with  him narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: Set the captives free, accept the (food) invitation, and visit the ill. [Al-Bukhari]

There is nothing in the Hadeeth that suggests what was mentioned in the question that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) gave permission to Salamah to rape the woman for one night...etc. This is nothing but a pure lie. Rather, the reality is what Abu Salamah himself mentioned in this Hadeeth, as he said: I did not uncover her dress. Ash-Shawkaani said: This is a metaphor that he did not have intercourse with her. [End of quote]

Islam forbade separating between a woman and her child who has not yet reached the age of puberty. Ibn Qudaamah  may  Allaah  have  mercy  upon  him reported the consensus of the scholars on this issue. Their evidence is the Hadeeth narrated by Abu Ayoob  may  Allaah  be  pleased  with  him who said: I heard the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) saying: Whoever separates between a mother and her child, then Allah will separate between him and his beloved ones on the Day of Judgement. [At-Tirmithi]

In one of his views, Imam Ahmad  may  Allaah  have  mercy  upon  him said that the adult is like others [i.e. like the one who did not reach puberty]. Ibn Qudaamah  may  Allaah  have  mercy  upon  him said in Ash-Sharh Al-Kabeer:

There is no difference between the child [whether a boy or a girl] being an adult or a minor [not yet reached puberty] as per the apparent view of Al-Khiraqi and one of the two views reported from Ahmad based on the general meaning of the text in this regard. This is because the mother is harmed by being separated from her adult son; it is for this reason that he (the son) is forbidden from going to Jihaad except with her permission. [End of quote]

The Hadeeth you asked about in the question does not prove that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) separated between the girl and her mother. If we presume that this is confirmed, it is interpreted to mean that the girl had reached the age of puberty. It is for this reason that Mubaarak poori  may  Allaah  have  mercy  upon  him said in Tuhfatul-Ahwathi:

It seems that the girl had reached the age of puberty.... [End of quote]

As we know, the adult can take care of himself and does not need the help of his mother; this is something that we witness in our real-life.

We warn our Muslim brothers who are not well-versed in Islamic knowledge against following the misconceptions of the enemies as these misconceptions may be a reason that would lead them to doubt their religion. The following is a useful advice by the prominent Imam Ibn Al-Qayyim  may  Allaah  have  mercy  upon  him in his book Miftaah Daar As-Sa&699;aadah (Key to the Abode of Bliss):

Shaykh Ibn Taymiyyah  may  Allaah  be  pleased  with  him said to me when I started to report to him one misconception after another, 'Do not make your heart, when exposed to such trials, absorb it like a sponge absorbs water, rather let it be like an impermeable glass vessel, misconceptions pass over it but do not settle in it. Such a vessel sees the misconception with its [the vessel's] clearness but repels it [misconception] with its firmness. Otherwise, if your heart absorbs every misconception that passes by it, then, in that case, your heart becomes a settling place for misconceptions,' or as he said. I do not think that I have ever benefitted from any advice in repelling misconceptions more than I benefitted from this advice. A misconception is called as such because the truth is confused with falsehood in it, as it makes the garment of the truth cover the body of falsehood [End of quote]

Allah knows best.

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