Muslim

Hadith Commentary: Benefits and Issues:
The incident of the Battle of Autas occurred after the conquest of Makkah, in which the Banu Hawazin, who were polytheists, were defeated and fled. However, since they had brought their women with them, those women fell into the captivity of the Muslims. The Ummah is unanimous on the point that if the women of those disbelievers with whom there is war are captured without their husbands, then their marriage is annulled. And whoever receives her as part of his share, after ascertaining through one menstrual cycle that she is not pregnant, may have intercourse with her.

According to the four Imams (a’immah arba‘ah) and the majority of scholars, for intercourse, in addition to the woman being a slave (bondwoman), it is also a condition that after the waiting period for the womb (istibra’ al-rahm), she must have become Muslim or be a woman of the People of the Book (kitabi). If she is an idolater or a Magian (majusiyyah) and has not embraced Islam, then intercourse is not permissible.

According to Imam Shafi‘i rahimahullah, the cause for the annulment of the marriage is the woman’s falling into captivity. According to Imam Abu Hanifah rahimahullah, it is the difference in the homeland of the husband and wife; therefore, if the husband is in the abode of war (dar al-harb) and the wife is in the abode of Islam (dar al-Islam), then the marriage will be annulled. If both husband and wife are captured together, then the marriage will not be annulled. This is the position of the Hanafis. According to Imam Malik rahimahullah and Imam Shafi‘i rahimahullah, whether the woman is captured alone or both husband and wife are captured, in every case the marriage will be annulled.

However, if a married slave woman is brought into the abode of Islam and sold, then according to the four Imams (a’immah arba‘ah) and the majority of scholars, it will not be permissible for the buyer to have intercourse with her merely after the waiting period for the womb (istibra’ al-rahm) without obtaining a divorce from the husband, because marriage is not annulled by buying and selling. Although some of the noble Companions radi Allahu anhum ajma‘in and the Followers (tabi‘in) rahimahumullah have also considered buying and selling to be a cause for the annulment of marriage.

Urdu Footnote:
➊ "Felt sinful" because she was married. Her husband was alive.
➋ "Fall into your hands" means they become your slave-girls. But a free woman cannot be purchased and made a slave-girl. Only if a non-believing woman is captured in war can she become a slave-girl. If a married woman is already a slave-girl, then buying her does not annul her previous marriage.
➌ "Intercourse and marriage"—that is, intercourse (jima‘) is for the owner, and marriage (nikah) is for the non-owner.
➍ "The waiting period passes" (iddah), and this waiting period is one menstrual cycle (hayd). If menstruation occurs, then after it ends, intercourse is permissible. If menstruation does not occur, then she is pregnant, and until childbirth, intercourse or marriage is not permissible.
➎ This hadith is evidence for the majority of scholars that just as non-Arabs can be enslaved, so too can Arab polytheists. The noble Companions (radi Allahu anhum) took the Hawazin as captives and slaves, and their women as slave-girls.
➏ Women among the disbelievers other than the People of the Book can also be made slave-girls, and intercourse with them is permissible.

Benefits and Issues:
After becoming a prisoner of war, separation occurs between husband and wife, whether only one of them is captured or both.
Therefore, it is permissible to derive benefit (sexual enjoyment) from the woman, and her waiting period (‘iddah) is one menstrual cycle.