Sunday, April 26, 2020

Apostate prophet seeks slave manual; how to become a slave owner?

In answer to the video "Walking Away From Islam"

The Quran gives 2 clear options towards war prisonners, either of the 2 can be applied from the moment of their capture following their defeat at the battlefield, until the threat of war has subsided 47:4. They can be given an unspecified favor, such as being taken care off within a Muslim household or even unconditionaly freed 2:177. The second option is to be ransomed for benefits of any kind, including monetary compensation as happens when a prisonner is bailed out, or in specific services as would be the case with prisonners doing community works, or in mutual prisonners. When a female captive gives birth to her owner's child, her status and conditions change 
"The Messenger of Allah forbade the sale of the (slave) mothers of one's children (umm al walad), they can not be sold, nor gifted, nor inherited. The master will make use of her while he is alive and when he dies she shall be free".

It is possible that some companions werent aware of the prohibition, and sold these categories of servants. A practice that happened even under Abu Bakr. Nothing indicates the prophet or close companions seeing and allowing the practice, as denoted with the "we" 
“We used to sell our slave women and the mothers of our children (Umahat Awaldina) when the Prophet was still living among us, and WE did not see anything wrong with that”. 
Umar, when he saw people doing it, forbade it in accordance with the prophet's command. 

Should the threat of war cease while there still are prisoners who havent benefited from the above 2 methods, then they can be employed as servants in a Muslim household where they must be treated on an almost equal level as other members of the household 4:36. At that point, if a slave who can offer any good contribution to society decides to be set free can enter into a written agreement with his guardian stipulating the terms and conditions of his manumition 24:33 which would more often than not be a term of service, i.e. you work for me for this many more months in my fields so I can recover my investment. This basically burdens the owner with only those right hand posessions that are of no value to society, after those that were capable of fending for themselves requested and eventually received their freedom. What this essentially means is that the burden of slavery in the end ultimately fell on the owners. Any capable slave that wanted to go into society, earn a living and get married would, and in addition the owner actually must offer financial assistance for the achievement of that objective. 

In fact some of the spendings of zakat are aimed at helping those masters who have entered into a manumition contract (mukataba) with their slaves 9:60. In one narration Anas b. Malik refuses to write a mukataba for a slave, so the caliph ĘżUmar orders him to do it, paraphrasing the verse 24:33 ‘Write [a contract] with them if you see good in them!’, and making him swear an oath that he would do so. The majority opinion as attributed to Umar, Uthman, Aisha, and Ibn Umar, as well as the prophet is that the mukatab remains a slave until the last dirham is paid. Ibn Abbas reportedly stated that the slave is freed upon making the contract and merely owes the amount as a debt. Somewhere else we read, including in an alternative view from Umar that the slave is freed and the remainder converted to a debt upon paying half. Ibn Masud said that this occurs after one third or one quarter. The caliph Ali reportedly said that the mukatab attains freedom in proportion to what he has paid off. This seems to match a number of Prophetic hadith that discuss the rights and responsibilities of the mukatab becoming more like a free person the more they have paid off in certain numerically specified juristic matters. All this shows the flexibility of the issue of manumition.

The divine grant of mastery over their enemies doesnt give Muslims sanction to treat them as they wish. As shown above whether in the Quran or through the practice of the prophet, Muslims must treat them with care, almost as full members of a household. The reason being that through an exemplary conduct those former enemies might open their eyes to the real, unfiltered truth of Islam, free from the distortions of those that only seek to disparage it, and possibly reform themselves. The prophet once commented 
"you bring them tied in chains on their necks (capture them in war) and they later embrace Islam". 
This comment was utterd in relation to the verse qualifying Muslims as the best of nations, conditionally on their rightful conduct and forbidding evil. It is precisely this uprightness that turned enemy combatants, captured in war, into Muslims.

However, because the Quran repeatedly speaks of freeing slave as an act of great virtue, it warns against creating situations that could lead to the captivity then ransoming of slaves, through the example of the Jews of Medina. They entered into alliances with warring pagan tribes and fought, killed, enslaved then freed their own brethren while considering it a "pious act" 2:83-85. Such a behavior would not only be against the letter of the law but also its spirit 
"Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, "No"...Malik added, "There is no harm, however, in someone buying a person expressly to set him free". 
Malik continues that in his opinion, the best course of action in this case is to exclude non-Muslim slaves. Choice must be made among those who neither were in the process of being freed, nor burdens to the owner due to physical impairement or bearing his child. A Muslim slave belonging to any of those categories is therefore not a valid kaffara/atonement. Even if he wasnt of those categories, Malik describes the slave as mu'min, meaning sincere and pious believer, which has more merit than simply being labelled Muslim. This way the intrinsic worth of the slave is enhanced to the maximum 
"Malik said...There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free".
The very fact of calling the manumission of slaves one of the greatest acts of charity, piety and benevolence towards men 2:177,9:60,90:11-18 shows that having them in one's possession is not the preferred way ultimately even though a short term captivity in the specific context of wars is sometimes necessary. 

The captives of the very first Islamic battle of Badr, were freed on ransom (in form of money depending on each prisoner's financial capacities or work like teaching ten Muslim children how to read and write), while those of the tribe of Tay were freed without any ransom. Some would reform themselves and cease their hostilities towards the Muslims, but others would go back headlong into battle whenever the chance to fight and kill Muslims presented itself. 

For example Abu Izza was among the anti-Muslim coaltion at Uhud. He had been taken as a prisoner of war at Badr and then released by the prophet without a ransom because he was poor and had a large family. The condition for his release was that he would not take part in further anti-Islamic activities, especially verbal provocations, as he was known for his eloquence. If relatives were captured they could not be separated. It is then that the Quran progressively introduced the notion of freeing slave benevolently as a great virtue. 

As already noted, slaves were a source of livelihood and labor, even to Muslims who had to treat them with care. That is why it is considered a great act of generosity if done unconditionally. Even if the person wasnt prepared to go to such charitable extent, the Quran still encouraged freeing them through other avenues such as atoning for certain sins like missing a fast, breeching a vow made hastily concerning a lawful thing, accidental homicide, and many other small acts common in this society 4:92,5:89,58:3. As an act of virtue, Ali emancipated 1000 slaves, purchasing them from his own money. The Prophet emphatically stated on many occasions that, in the sight of God, the unconditional freeing of a human being from bondage is among the most praiseworthy acts which a Muslim could perform.  

No religion other than Islam promoted the liberation of fellow humans in bondage as an act of humanity and virtue, beautifully reflected in Sura 90. That is a fact the Judeo-Christian critics of Islam, who try misrepresenting Islamic slavery with their twisted biblical paradigm in mind, will have to deal with. The overarching approach of Islam towards slavery, as already seen and as will be further developed, is thus to reduce the access to servitude and expand the way towards freedom.

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