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‏النكاح (The Book of Marriage)
CHAPTER: IT IS PERMISSIBLE TO HAVE SEXUAL INTERCOURSE WITH A CAPTIVE WOMAN AFTER SHE IS PURIFIED (OF MENSES OR DELIVERY) IN CASE SHE HAS A HUSBAND, HER MARRIAGE IS ABROGATED AFTER SHE BECOMES CAPTIVE  

No. 3432

Abu Sa'id al-Khudri (Allaah her pleased with him) reported that at the Battle of Hanain Allaah's Messenger (sallAllaahu alayhi wa sallam) sent an army to Autas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allaah's Messenger (may peace te upon him) seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allaah, 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).

No. 3433

Abu Sa'id al-Khudri (Allaah be pleased with him) reported that Allaah's Prophet (sallAllaahu alayhi wa sallam) sent a small army. The rest of the hadith is the same except this that he said: Except what your right hands possessout of them are lawful for you; and he did not mention" when their 'idda period comes to an end". This hadith has been reported on the authority of AbuSa'id (al-Khudri) (Allaah 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)

No. 3434

Qatada reported a hadith like this with the same chain of transmitters.




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