Quran Issues: Married Captives & Adultery
Overview
The Quran (4:22-24) allows men to have sex with married women within the context of war. This means that the Quran legislates adultery when adultery is defined as a married person engaging in sexual activity with someone other than their spouse.
Sahih Muslim (1456a & 1456d) and Sunan Abi Dawud (2155 - Graded: Sahih) narrate that Muhammad received Quran 4:24 after the Battle of Hurain. The Muslims had defeated their enemies in armed conflict and taken several captives and among the captives were several married women. Due to the marital status of the women and their pagan husbands, Muhammad’s followers were reluctant to have sex with the married captives. However, Muhammad received a revelation (Quran 4:24) that allowed the men to have sex with the married women anyway. The only stipulation was to ensure that the married women weren’t already pregnant, hence the instruction to observe the waiting period. The same narration is related by Jami` at-Tirmidhi (1132 - Graded: Hasan, 3016 - Graded: Sahih & 3017 - Graded: Sahih) and Sunan an-Nasa'i (3333 - Graded: Sahih). See too Ibn Kathir (Tafsir - Quran 4:24) and Al-Jalalayn (Tafsir - Quran 4:24).
Further Considerations
The following considerations support the conclusion that Quran 4:24 legislates adultery in the case of married captives.
1. Were the married captives divorcing their husbands before having sex with their captors?
There is no mention in Quran 4:24 or the quoted hadith narrations that the married captives were divorcing their husbands before their captors were having sex with them. Further to this, Al-Jalalayn (Tafsir - Quran 4:24) states that sex was permissible after the married captives had passed through one monthly cycle. However, according to the Quran (2:228), a divorced woman should pass through three monthly cycles before she is eligible for remarriage. This suggests that Islamic divorce legislation was not being applied to the married captives and that divorce wasn't a requirement before sex.
2. Were marriage ceremonies taking place between the married captives and their captors before sex?
The emphasis of the hadith narrations is on the uncertainty about having sex with the married captives and not on whether it's okay to marry the already married women. This implies that sex rather than marriage was the primary interest and concern of the captors. See Sahih Muslim (1456a & 1456d), Sunan Abi Dawud (2155 - Graded: Sahih) and Sunan an-Nasa'i (3333 - Graded: Sahih) as well as Ibn Kathir (Tafsir - Quran 4:24) and Al-Jalalayn (Tafsir - Quran 4:24) for where sex rather than marriage is emphasised.
Further to this, the Quran (23:1-11 & 70:19-35) as well as Sahih Muslim (1439a) and Sunan Abi Dawud (4017 - Graded: Hasan) state that sex with wives or female slaves is permitted. The Quran (33:50) extends this right to Muhammad and specifies that Muhammad can have sex with the female slaves that have been assigned to him through war. Sex is therefore permissible with female slaves without marriage and this understanding can presumably be applied to Quran 4:24 and its historical context.
Additionally, both Sahih al-Bukhari (4138) and Sahih Muslim (1438a) describe a military expedition in which Muhammad's followers wanted to have sex with their captives without compromising their ransom prices through pregnancy. As such, they decided with Muhammad's approval to practice 'coitus interruptus' (withdrawing the male sexual organ before the emission of semen). A pregnant woman was evidently ransomed at a lower price than a non-pregnant woman, hence the practice of ‘coitus interruptus' to avoid impregnation. This shows that the captors did not intend marriage and long-term fidelity despite sex taking place. See also Sahih al-Bukhari (2229 & 6603) and Sahih Muslim (1438c & 1439a).
3. Were the married captives willing participants in the sex with their captors?
The answer to this question is uncertain and will be determined by whether permission is needed for a captor to have sex with their captive. If permission was needed, then it seems highly irregular that a married captive would willingly have sex with her captor, especially if her husband was still alive.
Quran Passages & Hadith Narrations
The Quran 2:228 (Abdul Haleem)
(228) Divorced women must wait for three monthly periods before remarrying, and, if they really believe in God and the Last Day, it is not lawful for them to conceal what God has created in their wombs: their husbands would do better to take them back during this period, provided they wish to put things right. Wives have [rights] similar to their [obligations], according to what is recognized to be fair, and husbands have a degree [of right] over them: [both should remember that] God is almighty and wise.
The Quran 4:22-24 (Abdul Haleem)
(22) Do not marry women that your fathers married - with the exception of what is past - this is indeed a shameful thing to do, loathsome and leading to evil. (23) You are forbidden to take as wives your mothers, daughters, sisters, paternal and maternal aunts, the daughters of brothers and daughters of sisters, your milk-mothers and milk-sisters, your wives’ mothers, the stepdaughters in your care - those born of women with whom you have consummated marriage, if you have not consummated the marriage, then you will not be blamed - wives of your begotten sons, two sisters simultaneously - with the exception of what is past: God is most forgiving and merciful - (24) women already married, other than your slaves. God has ordained all this for you. Other women are lawful to you, so long as you seek them in marriage, with gifts from your property, looking for wedlock rather than fornication. If you wish to enjoy women through marriage, give them their bride-gift - this is obligatory - though if you should choose mutually, after fulfilling this obligation, to do otherwise [with the bride-gift], you will not be blamed: God is all knowing and all wise.
Ibn Kathir (Tafsir - Quran 4:24)
Allah said, (Also (forbidden are) women already married, except those whom your right hands possess.) The Ayah means, you are prohibited from marrying women who are already married, (except those whom your right hands possess) except those whom you acquire through war, for you are allowed such women after making sure they are not pregnant. Imam Ahmad recorded that Abu Sa`id Al-Khudri said, "We captured some women from the area of Awtas who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet about this matter, and this Ayah was revealed, (Also (forbidden are) women already married, except those whom your right hands possess). Consequently, we had sexual relations with these women.'' This is the wording collected by At-Tirmidhi An-Nasa'i, Ibn Jarir and Muslim in his Sahih. Allah's statement, (Thus has Allah ordained for you) means, this prohibition was ordained for you by Allah. Therefore, adhere to Allah's Book, do not transgress His set limits, and adhere to His legislation and decrees.
Al-Jalalayn (Tafsir - Quran 4:24)
And, forbidden to you are, wedded women, those with spouses, that you should marry them before they have left their spouses, be they Muslim free women or not; save what your right hands own, of captured [slave] girls, whom you may have sexual intercourse with, even if they should have spouses among the enemy camp, but only after they have been absolved of the possibility of pregnancy [after the completion of one menstrual cycle]; this is what God has prescribed for you (kitāba is in the accusative because it is the verbal noun). Lawful for you (read passive wa-uhilla, or active wa-ahalla), beyond all that, that is, except what He has forbidden you of women, is that you seek, women, using your wealth, by way of a dowry or a price, in wedlock and not, fornicating, in illicitly. Such wives as you enjoy thereby, and have had sexual intercourse with, give them their wages, the dowries that you have assigned them, as an obligation; you are not at fault in agreeing together, you and they, after the obligation, is waived, decreased or increased. God is ever Knowing, of His creatures, Wise, in what He has ordained for them.
The Quran 23:1-11 (Abdul Haleem)
(1) [How] prosperous are the believers! (2) Those who pray humbly, (3) who shun idle talk, (4) who pay the prescribed alms, (5) who guard their chastity (6) except with their spouses or their slaves - with these they are not to blame, (7) but anyone who seeks more than this is exceeding the limits - (8) who are faithful to their trusts and pledges (9) and who keep up their prayers, (10) will rightly be given (11) Paradise as their own, there to remain.
The Quran 33:50 (Abdul Haleem)
(50) Prophet, We have made lawful for you the wives whose bride gift you have paid, and any slaves God has assigned to you through war, and the daughters of your uncles and aunts on your father’s and mother’s sides, who migrated with you. Also any believing woman who has offered herself to the Prophet and whom the Prophet wishes to wed - this is only for you [Prophet] and not the rest of the believers: We know exactly what We have made obligatory for them concerning their wives and slave-girls - so you should not be blamed: God is most forgiving, most merciful.
The Quran 70:19-35 (Abdul Haleem)
(19) Man was truly created anxious: (20) he is fretful when misfortune touches him, (21) but tight-fisted when good fortune comes his way. (22) Not so those who pray (23) and are constant in their prayers; (24) who give a due share of their wealth (25) to beggars and the deprived; (26) who believe in the Day of Judgement (27) and fear the punishment of their Lord - (28) none may feel wholly secure from it - (29) who guard their chastity (30) from all but their spouses or their slave-girls - there is no blame attached to [relations with] these, (31) but those whose desires exceed this limit are truly transgressors - (32) who are faithful to their trusts and their pledges; (33) who give honest testimony (34) and are steadfast in their prayers. (35) They will be honoured in Gardens of bliss.
Sahih al-Bukhari, 2229
Narrated Abu Sa`id Al-Khudri: that while he was sitting with Allah's Messenger he said, "O Allah's Messenger! We get female captives as our share of booty, and we are interested in their prices, what is your opinion about coitus interrupt us?" The Prophet said, "Do you really do that? It is better for you not to do it. No soul that which Allah has destined to exist, but will surely come into existence.
Sahih al-Bukhari, 4138
Narrated Ibn Muhairiz: I entered the Mosque and saw Abu Sa`id Al-Khudri and sat beside him and asked him about Al-Azl (i.e. coitus interruptus). Abu Sa`id said, "We went out with Allah's Messenger for the Ghazwa of Banu Al-Mustaliq and we received captives from among the Arab captives and we desired women and celibacy became hard on us and we loved to do coitus interruptus. So when we intended to do coitus interrupt us, we said, 'How can we do coitus interruptus before asking Allah's Messenger who is present among us?" We asked (him) about it and he said, 'It is better for you not to do so, for if any soul (till the Day of Resurrection) is predestined to exist, it will exist."
Sahih al-Bukhari, 6603
Narrated Abu Sa`id Al-Khudri: That while he was sitting with the Prophet a man from the Ansar came and said, "O Allah's Messenger! We get slave girls from the war captives and we love property; what do you think about coitus interruptus?" Allah's Messenger said, "Do you do that? It is better for you not to do it, for there is no soul which Allah has ordained to come into existence but will be created."
Sahih Muslim, 1438a
Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): O Abu Sa'id, did you hear Allah's Messenger mentioning al-'azl? He said: Yes, and added: We went out with Allah's Messenger on the expedition to the Bi'l-Mustaliq and took captive some excellent Arab women; and we desired them, for we were suffering from the absence of our wives, (but at the same time) we also desired ransom for them. So we decided to have sexual intercourse with them but by observing 'azl (Withdrawing the male sexual organ before emission of semen to avoid-conception). But we said: We are doing an act whereas Allah's Messenger is amongst us; why not ask him? So we asked Allah's Messenger, and he said: It does not matter if you do not do it, for every soul that is to be born up to the Day of Resurrection will be born.
Sahih Muslim, 1438c
Abu Sa'id al-Khudri (Allah be pleased with him) reported: We took women captives, and we wanted to do 'azl with them. We then asked Allah's Messenger about it, and he said to us: Verily you do it, verily you do it, verily you do it, but the soul which has to be born until the Day of judgment must be born.
Sahih Muslim, 1439a
Jabir (Allah be pleased with him) reported that a man came to Allah's Messenger and said: I have a slave-girl who is our servant and she carries water for us and I have intercourse with her, but I do not want her to conceive. He said: Practise 'azl, if you so like, but what is decreed for her will come to her. The person stayed back (for some time) and then came and said: The girl has become pregnant, whereupon he said: I told you what was decreed for her would come to her.
Sahih Muslim, 1456a
Abu Sa'id al-Khudri (Allah her pleased with him) reported that at the Battle of Hanain Allah's Messenger sent an army to Autas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah's Messenger (may peace te upon him) seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that: "And women already married, except those whom your right hands possess (iv. 24)" (i. e. they were lawful for them when their 'Idda period came to an end).
Sahih Muslim, 1456d
This hadith has been reported on the authority of AbuSa'id (al-Khudri) (Allah be pleased with him) through another chain of transmitters and the words are: They took captives (women) on the day of Autas who had their husbands. They were afraid (to have sexual intercourse with them) when this verse was revealed: "And women already married except those whom you right hands posses" (iv. 24)
Sunan Abi Dawud, 2155 (Graded: Sahih)
Abu Sa’id Al Khudri said “The Apostle of Allaah sent a military expedition to Awtas on the occasion of the battle of Hunain. They met their enemy and fought with them. They defeated them and took them captives. Some of the Companions of Apostle of Allaah were reluctant to have relations with the female captives because of their pagan husbands. So, Allaah the exalted sent down the Qur’anic verse “And all married women (are forbidden) unto you save those (captives) whom your right hand posses.” This is to say that they are lawful for them when they complete their waiting period.
Sunan Abi Dawud, 4017 (Graded: Hasan)
Bahz b. Hakim said that his father told on the authority of his grandfather: I said: Messenger of Allah, from whom should we conceal our private parts and to whom can we show? He replied: conceal your private parts except from your wife and from whom your right hands possess (slave-girls). I then asked: Messenger of Allah, (what should we do), if the people are assembled together? He replied: If it is within your power that no one looks at it, then no one should look at it. I then asked: Messenger of Allah if one of us is alone, (what should he do)? He replied: Allah is more entitled than people that bashfulness should be shown to him.
Jami` at-Tirmidhi, 1132 (Graded: Hasan)
Abu Sa'eed Al-Khudri narrated: "We got some captives on the day of Awtas, and they had husbands among their peopled. They mentioned that to the Messenger of Allah, so the following was revealed: And women who are already married, except those whom your right hands posses.
Jami` at-Tirmidhi, 3016 (Graded: Sahih)
Narrated Abu Sa'eed Al-Khudri: "On the Day of Awtas, we captured some women who had husbands among the idolaters. So some of the men disliked that, so Allah, Most High, revealed: And women already married, except those whom your right hands possess... (4:24)"
Jami` at-Tirmidhi, 3017 (Graded: Sahih)
Narrated Abu Sa'eed Al-Khudri: "We captured some women on the Day of Awtas and they had husbands among their people. That was mentioned to the Messenger of Allah so Allah revealed: '...And women already married, except those whom your right hands possess... (4:24)'"
Sunan an-Nasa'i, 3333 (Graded: Sahih)
It was narrated from Abu Sa'eed Al-Khudri that the Prophet of Allah sent an army to Awtas. They met the enemy, fought them, and prevailed over them. They acquired female prisoners who had husbands among the idolaters. The Muslims felt reluctant to be intimate with them. Then Allah, the Mighty and Sublime revealed: "Also (forbidden are) women already married, except those (slaves) whom your right hands possess," meaning, this is permissible for you once they have completed their 'Iddah.