It is very commonly mentioned among critics of Islam that Islam supports sexual slavery as is mentioned in the Quran and the authentic hadiths of Muhammad. For instance the Quran in chapter 4 verse 24 says: “And all married women (are forbidden unto you) save those (captives) whom your right hands possess” and in Nasa’i 1126, Aisha mentions Muhammad having “concubines“.

However a subject that is seldom talked about for some reason is the sexual slavery of children. This issue was never actually mentioned directly by God or Muhammad, instead deciding to not at all say who among women could be eligible for sexual slavery. However, there is evidence that shows a high tolerance of child rape among the Sahaba and Tabi’un as well as the classical scholars.

But there was fierce debate among these scholars because of a thing called “Istibra”. Istibra is one menstrual period of sexual abstinence for a slave-girl when she is captured or changes ownership. This is to ensure there is no confusion on paternity. Muhammad himself clarifies this issue:

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It was narrated from Abu Sa‘id al-Khudri in a marfu report (attributed to the Prophet), regarding the slaves that were captured at Awtas: “Do not perform the sexual act upon a pregnant woman until she has given birth, nor upon the one who is not pregnant until she has menstruated once.”

Dawud 2157, Classed Sahih by Al-Albani and Sahih by Shuayb Arnaut

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This criteria is problematic because, how would one observe Istibra since it is based on menstruation? Why should Istibra be observed at all? A girl who has not reached menarche should be infertile and thus not pregnant.

This issue can be first encountered most prominently in a hadith from Bukhari where after a battle, Muhammad sent Ali Ibn Talib to collect the khumus, which is the ⅕ of war booty that goes to Muhammad. Ali goes to collect the war booty and takes a wasifa (young slave-girl), the finest among the war prisoners and has sex with her. Another man named Buraida is furious with Ali about this because Ali took from the khumus, which belongs to Muhammad and Ali had sex with a slave-girl without the Istibra.

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Narrated Buraida: The Prophet sent `Ali to Khalid to bring the Khumus (of the booty) and I hated `Ali, and `Ali had taken a bath (after a sexual act with a slave-girl from the Khumus). I said to Khalid, “Don’t you see this (i.e. `Ali)?” When we reached the Prophet I mentioned that to him. He said, “O Buraida! Do you hate `Ali?” I said, “Yes.” He said, “Do you hate him, for he deserves more than that from the Khumlus.”

Bukhari 4350

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Ibn Hajar, a man given the title “Shaykh Al-Islam”, in his famous commentary called Fath Al-Bari which is considered the most celebrated hadith commentary ever stated after this narration:

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Abu Dharr al-Harawi said: ‘The Companion hated Ali only because he saw him taking from the spoils of war, so he thought that he had acted treacherously. When the Prophet ﷺ informed him that he took less than what was his right, he loved him.’ This is a good interpretation but for it being distant from the hadith brought out by Ahmad. Perhaps the reason for the hatred had a different basis, and it ceased when the Prophet ﷺ disallowed them to hate him. Ali was blamed for having intercourse with the slave-girl without observing Istibra and also for the share (of the Khumus) that he took for himself. Now the first allegation is defensible as she was a virgin and not pubescent, and thus she did not need to observe Istibra — in accordance with the practice of many Companions before him. And she might have had her period after becoming his and then became purified after one day and one night. He had intercourse with her with no ill intent. As for the division of bounty in the case of a person who is also a member of the group for whom he is dividing (the bounty), it is as when the Imam divides for the community while also being a recipient. This likewise applies to whomever the Imam appointed in his stead, who assumes the same rank. And that was also the response of al-Khattabi about the second issue. And he stated regarding the first issue that it is possible that she was a virgin or prepubescent, or that he relied on his reasoning for forgoing Istibra. It may be taken from the hadith the permissibility of concubinage alongside the daughter of the Messenger of Allah ﷺ, as distinct from co-marriage as shown in the hadith of Al-Miswar in the Book of Nikah.”

Fath Al-Bari 8/67

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Ibn Hajar reveals a lot there. First is that the rape of pre-pubescent girls without Istibra was a common occurrence among Muhammads companions, making this an outright Halal practice. Second is that Ibn Hajar outright defends this practice and that Khattabi was tolerant of it also. Third is that Buraida doesn’t care that a young girl was raped—just that proper Istibra wasn’t observed.

Similar statements endorsing child rape without observing istebra come from Iyas Bin Muawiyah, a Tabi judge who was renowned for his cleverness.

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Zayd Bin Hubab <– Hammad Bin Salamah <– Iyas Bin Muawiyah: regarding a man who brought a pre-pubescent slave girl, do not those like her have sexual intercourse? He said: “there is nothing wrong with performing the sexual act upon her without observing istibra”

Musannaf Ibn Shaybah 16907

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Very interestingly, no hadith scholar has ever to my knowledge graded this hadith. However, all narrators are of Sahih Muslim: Hammad bin Salamah (86 times) and Zaid bin Hubab (16 times). Furthermore, the chain link of Iyas bin Muawiyah and Hammad is documented by Dhahabi. The link of Hammad and Zayd bin Hubab is documented in Musnad Ahmad 21923, in which al-Arnaut writes:

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“Its isnad is hasan. Its men are thiqat (trustworthy) except for Sa‘id bin Jumhan, who is saduq (sincere) among the men narrated by the authors of the Sunans.”

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However the opinion that Istebra is not required for raping children was not followed by everyone. For instance, prominent Tabi scholar Ikrimah Al-Barbari whom was a companion of Abdullah Ibn Abbas and the most learned companion in Tafsir:

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Waki <– Ali Bin Al-Mubarak <– Yahya Bin Abi Kathir <– Ikrimah: regarding the man who buys a pre-pubescent slave girl, even one younger than that. He said: “There is nothing wrong with touching her before observing Istibra”

Musannaf Ibn Shaybah 16906

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This narration like the previous one was not graded by the hadith scholars. However all narrators and isnad (chain of transmission) links are of Sahih al-Bukhari. The link of Ikrimah and Yahya occurs in Bukhari 360, 1107, 1534, 1706, 1809. The chain of Yahya, Ali bin al-Mubarak, and Waki occurs in Bukhari 945, 4922. This means that this is an authentic statement of Ikrimahs.

Ikrimah here appears to be voicing support for istebra for pre-pubescent slaves, but says it is okay fondle your pre-pubescent sex slave and “even one younger than that” without Istibra.

Furthermore on the issue of fondling: Ibn Qayyim, a student of Ibn Taymiyyah and one of the most prominent scholars of the Hanbalite school of jurisprudence, seemed to support the idea of using child slaves as tools of masturbation:

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في الفصول روى عن أحمد في رجل خاف أن تنشق مثانته من الشبق أو تنشق انثياه لحبس الماء في زمن رمضان يستخرج الماء ولم يذكر بأي شيء يستخرجه قال: “وعندي أنه يستخرجه بما لا يفسد صوم غيره كاستمنائه بيده أو ببدن زوجته أو أمته غير الصائمة فإن كان له أمة طفلة أو صغيرة استمنى بيدها وكذلك الكافرة ويجوز وطؤها فيما دون الفرج فإن أراد الوطء في الفرج مع إمكان إخراج الماء بغيره فعندي أنه لا يجوز لأن الضرورة إذا رفعت حرام ما وراءها Ahmed said about a man who feared that sperm would flow from his penis or that his testicles were unable to retain semen during Ramadan, he can ejaculate. But he didn’t say with what. In my opinion, he must release it with what would not spoil the fast of others. Like masturbating with his hand, or against the body of his wife or a slave who is not fasting. If he has a child or a small slave, let him masturbate with her hand. The Same for the unbelieving woman, he can penetrate her but not in her vagina. But if he wants to penetrate her vagina while he has other options to ejaculate, this would not be allowed in my opinion. If the need is fulfilled, it is forbidden to go beyond.

Bada’i Al Fuwa’id page 603

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The four schools of Jurisprudence also agree that Istibra is required for all non-menstruating sex slaves, whether prepubescent or mature, before having sex with them. The Hanafis and Shafi‘is state Istibra should last one month, in line with the one menstrual period requirement for menstruating sex slaves. The Hanbalis believe it should be three months long. And Malik has given opinions ranging from one month to three months.

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Conclusion:

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According to the Islamic source material it is permissable to rape child slaves. However, there was disagreement about Istibra with some like Ibn Hajar, the Sahaba, Iyas Muawiyah and Khattabi saying Istibra is not required. While the 4 schools of Jurisprudence and Ikrimah say that Istibra is required.