Answer
Short Answer: Sexual relationship with a female slave was never considered as zina (fornication or adultery) for several reasons:
1. A female slave was under the right hand of her master and he was allowed to sleep only with whoever was under his ownership. This was considered like an indirect or special wedlock.
2. The relationship itself was within boundaries and involved rights and responsibilities like the issue of umm al-walad and the freedom of the child, for example. This meant that it was, by no means, similar to adultery, which incurs no rights and establishes no responsibilities. In adultery, any passerby can sleep with a woman and just flee without taking any responsibility for any resulting child or for the woman, which is obviously not the case here.
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Salam Dear Questioner,
Thank you for your questions and for contacting Ask About Islam.
Let me first assure you that your question has been in the minds and on the tongues of so many people before. Anyone who cares for humanity and the dignity of people will be heated when they touch upon an issue like this. But, of course, when we know what is behind the scenes, when we understand the truth, then we will know that our question should have been formed in another way.
Let’s first agree that speaking about something that does not exist in the modern world is troubling our minds with things that are not socially constructive or needed nowadays.
Speaking about slavery in this era of technology seems to be off the track or outdated, simply because we have so many other issues that represent a real challenge for Muslims and non-Muslims. Drugs, family stability, domestic violence, child abuse, world peace are nothing but a few in the long list.
You ask how sex with slaves was viewed and why, and what was the outcome of this relation.
Basically, Islam came while slavery was an inherited tradition, very deep-rooted in the heart of the Arab society. Children born from a relation between a master and his slave woman were not recognized as free children. On the contrary, they were to follow the hard track of their mothers and lead a tough life of slavery and humiliation.
The very well-known Arab poet `Antarah from the tribe of Banu `Abs is an embodiment of this epic of struggle for freedom. `Antarah was the son of a member of `Abs tribe and of an African slave. The tribe neglected him as an illegitimate son or slave. But `Antarah’s personal qualities and courage gained him attention and respect. He also excelled as a great poet and a mighty fighter. When the `Abs needed him to protect them against another tribe, his father, Shaddad, acknowledged him as his son, and granted him freedom.
A master had the right to have sexual relations with his slave woman with no rights due to her. Such a relation was not socially frowned upon because it was normal in that society, but what was really awful is that the slave woman had no rights, making her simply a sex object.
Since Islam came to liberate people from the chains of being socially neglected or humiliated, Islam said that such a relationship must have certain rights. It must mark a change in the life of that slave woman and the outcome of the relation, namely the child. The child was considered free and recognized as the child of the master and no more his slave.
As for the slave woman, such a relationship meant an end to her life as a slave, for she would not be the slave of anyone after her master, the father of her child. That is, she could not be sold to anyone else, and she would be manumitted at her master’s death. This is a unique solution Islam offered to such a miserable life, and imagine what a great change it brought and how many smiles it drew on the faces of many of these agonized slaves.
When Islam came, slavery existed, no doubt about it. And when Islam wanted to ban it, it brought logical and practical solutions for that problem. Many people had their businesses based on trading in slaves and many people were already in the bondage of slavery under their masters at that time.
Let us suppose that Islam had said, overnight, “no more slavery,” what would have happened? Many people would have lost their businesses and gone bankrupt, and the economic stability of the society would have been jeopardized. Worse still, many slaves would have found themselves in the street with no shelter or ability to establish a new life.
There would have been as much chaos and lingering social and racial tensions as occurred when Abraham Lincoln banned slavery. We can still see the social and racial tensions that exist in America today.
Therefore, Islam wanted to bring slavery to an end and drain its sources but in a way that would end happily without causing disruption in the society. Islam started by limiting the sources of acquiring slaves. It prohibited raiding caravans and settled people, and kidnapping and enslaving their women and children. It highly valued the manumission of slaves, and made the freeing of slaves one way of coming nearer to Allah.
Islam made the penance for committing certain religious offenses the liberation of a slave. And above all, it established a fresh concept and obligated people to accept it, namely al-mukatabah or a contract in which a slave could pay the price of his or her freedom and get it upon the completion of installments. Islam obligated the masters to accept their slaves’ initiation of such a contract.
Furthermore, Islam established certain rights due to a female slave after she had given birth to her master’s child, namely, that she would not be categorized as a slave anymore. Rather, she would be elevated to the status of umm walad or mother of a free child, which gave her the privilege of being freed once the father of her child died. Basically, her remaining as umm walad did not really mean she was staying as a slave; rather, she was honored and respected.
Coming to the point of considering a sexual relationship with a female slave as zina (fornication or adultery), I would like to say that it was never considered so for several reasons:
1. A female slave was under the right hand of her master and he was allowed to sleep only with whoever was under his ownership. This was considered like an indirect or special wedlock.
2. The relationship itself was within boundaries and involved rights and responsibilities like the issue of umm al-walad and the freedom of the child, for example. This meant that it was, by no means, similar to adultery, which incurs no rights and establishes no responsibilities. In adultery, any passerby can sleep with a woman and just flee without taking any responsibility for any resulting child or for the woman, which is obviously not the case here.
One remaining point here is that masters did not have to sleep with their female slaves. It was something allowable but not obligatory. Yet it presented, to some extent and in certain times, one glowing way to freedom for many people who suffered slavery.
Also, the Prophet’s mission was not to eradicate slavery, but to establish rights and bring people to the point of being able to eradicate it from their own hearts first before they eradicated it from society. No one can deny that it happened ideally and practically.
Finally, regarding the hadith you referred to, I have not seen it in any of the sources within my reach. I hope you can get back to us with the source so that we can ascertain its authenticity and get its exact text.
And Allah knows best.
I hope this helps.
Salam and please keep in touch.
(From Ask About Islam archives)
Please continue feeding your curiosity, and find more info in the following links:
https://aboutislam.net/counseling/ask-about-islam/muslim-women-liberated-became-sex-slaves/
https://aboutislam.net/counseling/ask-about-islam/women-slaves-in-quran-and-hadith-how-true/
https://aboutislam.net/counseling/ask-about-islam/houris-heaven-slaves-prisoners/