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سنن دارمي
Darimi
من كتاب الطلاقFrom the Book of Divorce
باب في اسْتِبْرَاءِ الأَمَةِ:Chapter: Waiting Period for a Slave Woman
Hadith 2332
اُردوEn
أَخْبَرَنَا عَمْرُو بْنُ عَوْنٍ، أَخْبَرَنَا شَرِيكٌ، عَنْ قَيْسِ بْنِ وَهْبٍ، عَنْ أَبِي الْوَدَّاكِ، عَنْ أَبِي سَعِيدٍ وَرَفَعَهُ أَنَّهُ قَالَ فِي سَبَايَا أَوْطَاسٍ: "لَا تُوطَأُ حَامِلٌ حَتَّى تَضَعَ حَمْلَهَا، وَلَا غَيْرُ ذَاتِ حَمْلٍ حَتَّى تَحِيضَ حَيْضَةً".
It is narrated from Sayyiduna Abu Sa'id Khudri (may Allah be pleased with him) in a marfu' form that the Messenger of Allah (peace and blessings be upon him) said regarding the captives of Autas: "No pregnant woman should be approached (for intercourse) until she has given birth (i.e., intercourse should only take place after she has delivered and is in a state of purity), and no non-pregnant woman should be approached until she has had one menstrual cycle (so that it becomes clear she is not pregnant)."
Brief Explanation
(Commentary on Hadith 2331)
From this hadith, it is understood that married women who are taken as captives in Islamic jihad become lawful (halal) after distribution, but the condition for having intercourse with them is that if they are pregnant, one must wait until they have given birth.
In another hadith, it is stated that it is not lawful for one who believes in Allah and the Last Day to irrigate another’s crop with his water. This has been narrated by Abu Dawud and Tirmidhi, and Ibn Hibban has declared it authentic (sahih), and Bazzar has called it hasan.
Therefore, it is not permissible to have intercourse with a pregnant slave woman.
And if the captive woman from war is not pregnant, even then one must wait until she has had one menstrual cycle, so that it may be ascertained that she is not pregnant. This is among the important rules and regulations of Islam, and there are great wisdoms hidden in it, among which is that the womb and passages of the married woman are cleansed, and the germs of one person do not mix with those of another, which could otherwise become the cause of deadly diseases.
«(سبحان من شرع الأحكام)»
From this hadith, it is understood that married women who are taken as captives in Islamic jihad become lawful (halal) after distribution, but the condition for having intercourse with them is that if they are pregnant, one must wait until they have given birth.
In another hadith, it is stated that it is not lawful for one who believes in Allah and the Last Day to irrigate another’s crop with his water. This has been narrated by Abu Dawud and Tirmidhi, and Ibn Hibban has declared it authentic (sahih), and Bazzar has called it hasan.
Therefore, it is not permissible to have intercourse with a pregnant slave woman.
And if the captive woman from war is not pregnant, even then one must wait until she has had one menstrual cycle, so that it may be ascertained that she is not pregnant. This is among the important rules and regulations of Islam, and there are great wisdoms hidden in it, among which is that the womb and passages of the married woman are cleansed, and the germs of one person do not mix with those of another, which could otherwise become the cause of deadly diseases.
«(سبحان من شرع الأحكام)»
