In this episode, I am going to delve into the meaning of the concept of the Right Hand, and explore a few related topics. Before starting, I would like to make an extended introduction to construct the big picture for the Right Hand.
Our motivation here is to explore the licit possibilities in the sexual realm according to Islam. By "licit possibilities", I am specifically talking about the relationship types between man and woman besides marriage. If you haven't done so, I strongly recommend you to read the two previous episodes, since without those, the comments here may lack the appropriate rationale.
In distinguishing marriage from prostitution, I had pointed at the presence of a definite time limit for the latter and its absence in the former. After this initial step, I had mentioned other social, economical and personal aspects that separate the two, and had presented them in a table. To make a better picture and to describe the problem more comprehensibly, I had included the mut'a and having a concubine to the list so that we could more easily differentiate between the licit and the illicit. Now, why are all these? Let me answer with a metaphor.
Wine is forbidden is Islam through clear, explicit verses of the Quran. In this context, if someone claims that "rum is not forbidden, because it is not mentioned in the Quran", we can easily disregard it by saying that it functions the same way, even if its name is different. On the other hand, if another person claims that all fruit juices are forbidden, because they are giving pleasure and are the source of wine, we know that this is going beyond the limits and that, in fact, such prohibition would certainly lead people to the illicit. So, coming back to the relationships between men and women involving sex, if we know what makes the licit licit and what makes the illicit illicit, we can then use this information to cope with the challenges of the modern life. And thus, we can live within the borders of the licit.
In this framework, my intention is to investigate the concept of slavery, which was not abolished but regulated by Islam, and extract from there criteria to formulate or verify new forms of relationships. If you are appalled by what has been described so far, I assure you that if you were in the shoes of someone who is in the sex work and unable to get out, you would be happy to see people out there who are trying to find out a way for people in situations like yours. Or, if you were a lady with children trying to withstand the challenges of life on your own but unable to find a stable path and peace of mind, you would be relieved to hear that a solution is possible. Or, if you were a male who is going through self-torture everyday in order to suppress his sexual desires and to avoid the forbidden, you could burst into tears of joy upon learning a relief in the Islamic sense. Or, if you were born into a family and community that doesn't promise much for your future and unable to secure your basic rights, you could find a glimpse of hope, if you could open a way for yourself in a licit manner. But, if you are someone who has no real problems in meeting your basic needs or in securing your basic rights, if you have a family or friends that provide a habitat for your flourishing, then you could think that the discussion here is outrageous and is perversion. In any event, I am going to pursue this study for the sake of God on behalf of all those in need of an Islamic solution to their conditions in this regard.
Now, let us put out the ultimate question we are trying to answer. Although prostitution is clearly forbidden by God, are there other possible licit avenues for sex work in context of Islam?
At this conjunction, let me remind that if something is present in the Quran, it has validity until the end of time. This premise is interpreted in two major different ways. For example, there are regulations for war in the Quran. If you happen to be in war, you apply those regulations, but it does not mean that Quran is ordering to wage war just for its own sake. Similarly, there are regulations regarding the slaves. For this, some scholars say that if you happen to have slaves, than those regulations apply. But, what is not mentioned in the Quran is how a person becomes a "slave"! I emboldened this last word for a reason you'll see in a minute.
The second interpretation of things present in the Quran is that they are treated in terms of their functions. So, even if you are not in the exact same historical conditions, if you are surrounded by the same or similar functional context, then you can make use of the injunctions or guiding rules outlined in the Quran for the case similar to yours.
Historically, we know that if a tribe lost a war, their women and children became slaves in the hands of the victorious side. However, the structure built on top of "slaves" in the Quran is too big to be supported by "winning wars" only. That is, the picture drawn about and around slaves is bigger than that belongs to the case of war captives. Let me expound what I mean here.
First of all, there are different words in the Quran in context of slaves, but they don't necessarily mean "war captive" in the literal sense. This fact enables us to question whether it is the function that is regulated, and not the mechanism of becoming a "slave". More clearly, although in the past, people performed certain functions as slaves as a result of losing a war, humanity can device other mechanisms by which the same functions are fulfilled in different contexts. In this context remember that there are thinkers who treat the modern urban life as a modern form of slavery, and it is true in many ways, but we don't shun our way of life even if it functions the same way as that of the slaves. Rather, we try our best to function in the licit domain. I had discussed and used the same approach in previous blogs, that is focusing on the function and not on the title, for other issues (who is Muslim, who is friend, who is male/female). Similarly, in terms of sex work, there might be a licit framework, and we can search for regulations in the Quran for the working conditions that could involve sex work!
As I mentioned above and in the previous episode, the concept of having concubines and their living conditions can help us in this regard. Before proceeding further, I would like to reformulate our problem statement in a way that is more comely to the modern mind and is more suitable for a productive research: Is it possible to establish an Islamic "home services" concept where men and women establish companionship for mutual benefits in both the short and the long term? In the rest of this article and in the coming episodes, God willing, I am going to explore this avenue. For this, first, we can look at the home services applications during the life time of Prophet Muhammad pbuh and the relevant Quranic verses. All of the verses and hadiths used in the following discussion are either presented at the end of this article or are referenced where they are mentioned. Keep in mind that we are going to try to extract the functional relationships in context of a female service provider. The same logic and method can be used for male service providers as well.
When we look at the life of the concubines during the 7th century, we see that they provide labor to their masters outside their houses, however when intimate services are considered, those are exclusively at home. You may think that making this observation is silly, but it is important to distinguish a service provider from a wife. That is, thanks to this distinction, we can say that a male master cannot hang out with his concubine and pass romantic time on a beach! Or he cannot meet with friends with the company of his concubine as a companion; the privilege of standing in the society as a couple solely belongs to a husband and wife, not a master and concubine. If the person is so desirous and loving towards his concubine that he wants to venture into the life at large with her, then he should marry her.
Bottom line, in our context where we are interested in licit companionship besides marriage, we see that it has to be confined to home.
Second, the expression used in the Quran for this kind of companionship is "those your right hand possesses" or "those under your right hand". We need to look at what is meant by this expression. In the translations or exegeses, this expression is simply used as a synonym for "slave". This is not completely wrong, but when we consider the fact that there are other words, too, in the Quran in context of slaves, we can justifiably ask why specifically this one is chosen in reference to the intimate relationship between man and woman.
Right hand is used for the inheritors of the paradise who receive their book of deeds on the judgment day from their right side (e.g. 17/71, 66/8). It is also used for Prophet Moses pbuh (20/17,69) and Prophet Abraham pbuh (37/93), when they were conducting actions to establish justice and truth. God, Himself, is also using the same metaphor for securing truth (69/45). Aside from these, "right side of the mountain" is referred to in the story of the Israelites (19/52, 20/80). How do you define the right side of a mountain? Based on the previous occurrences of the same expression and on the fact that that location was preferred by both Moses and the Israelites on their journeys, I am going to hold the opinion that it refers to the "rather habitable and cultivatable side of the mountain".
Therefore, if a person is under your right hand, you must be a secure ground for that person, where she can grow to become an independent individual both socially and economically. If a person is under your right hand, you must be the one ensuring a fair treatment as a human and securing their basic rights and freedoms. Note that we made these conclusions by looking at the use of "right hand" in the Quran. Now let's see if these conclusions find correspondence in the practice of Prophet Muhammad pbuh and his companions.
Studying the events of the past, one must consider them in their own contexts and interpret them that way. So, when analyzing the conditions of the concubines in the 7th century Muslim world, we must keep in mind two things. One, a person becomes a slave mostly through losing a war; therefore, they are part of the enemy through the eyes of the master. Two, the state of the women in general was not that good among the Arabs of the time. Coming of Islam in this sense was a revolution, but still, social constructs persisted in the day to day interactions. So, originally being part of the enemy and belonging to the less-fortunate gender, the concubines had a rather bad start in their career. Nevertheless, the regulations in Islam made it possible for them to develop a close relationship in the society they moved into, and either themselves or their children became successful business people or scholars. Both of these conditions meant an upgrade in their living conditions. Therefore, we can comfortably say that the concept of Right Hand was at work among the first Muslims.
Backed up by the Quranic verses and the practice of the Prophet Muhammad and His companions, we can confidently say that, if a similar home service concept is to be developed today, a person is not eligible to receive that service unless he is a verified Right Hand. Note that having that quality does not necessarily mean being rich, as the common prejudices say. In fact, in case of having concubines, being rich does not count that much, because relationship with them is the alternative available to those who cannot "afford" a marriage financially. Being the Right Hand rather means being a person who can provide stable and fertile grounds for the other person to flourish individually, socially, economically, intellectually, etc. All of these are related mostly to qualities in character and little to economical means.
A concubine who decides on her own that she has improved enough and is able stand alone in the society, can ask for terminating the relationship. Upon this request, the master has no choice but to accept the request in exchange of a financial sum or a fixed term of extra service. Once that amount is paid in full or that extra service is fulfilled, there are no more obligations towards each other on either side. This is similar to graduation from a school.
To provide a contrast, in case of prostitution, a woman enters this service and performs it with minimal or no social security. After years of such service, she gains nothing extra, and retires as an individual who is no more able to provide for herself and for her dependents. Therefore, prostitution separates from the case of concubines markedly, and is pure exploitation.
Returning to the concept of Right Hand, the qualifications for it automatically translate to the "fair treatment of the concubine". That is, although the concubine would provide home services, including sexual, as a job, the master is still responsible for providing fair employment conditions, including protecting the human honor.
In case of unfair treatment, e.g. beating, the master automatically loses his quality of being the Right Hand, and so becomes non-eligible to have a concubine. This means that the concubine is free of her master without any further obligations.
Our discussion and exploration of the concept of Right Hand is complete for the moment. After this, we need to look at the mechanism by which people can enter employment in the home services.Backed up by the Quranic verses and the practice of the Prophet Muhammad and His companions, we can confidently say that, if a similar home service concept is to be developed today, a person is not eligible to receive that service unless he is a verified Right Hand. Note that having that quality does not necessarily mean being rich, as the common prejudices say. In fact, in case of having concubines, being rich does not count that much, because relationship with them is the alternative available to those who cannot "afford" a marriage financially. Being the Right Hand rather means being a person who can provide stable and fertile grounds for the other person to flourish individually, socially, economically, intellectually, etc. All of these are related mostly to qualities in character and little to economical means.
A concubine who decides on her own that she has improved enough and is able stand alone in the society, can ask for terminating the relationship. Upon this request, the master has no choice but to accept the request in exchange of a financial sum or a fixed term of extra service. Once that amount is paid in full or that extra service is fulfilled, there are no more obligations towards each other on either side. This is similar to graduation from a school.
To provide a contrast, in case of prostitution, a woman enters this service and performs it with minimal or no social security. After years of such service, she gains nothing extra, and retires as an individual who is no more able to provide for herself and for her dependents. Therefore, prostitution separates from the case of concubines markedly, and is pure exploitation.
Returning to the concept of Right Hand, the qualifications for it automatically translate to the "fair treatment of the concubine". That is, although the concubine would provide home services, including sexual, as a job, the master is still responsible for providing fair employment conditions, including protecting the human honor.
In case of unfair treatment, e.g. beating, the master automatically loses his quality of being the Right Hand, and so becomes non-eligible to have a concubine. This means that the concubine is free of her master without any further obligations.
Some Quranic Verses on the Issue:
Righteousness is not that you turn your faces toward the east or the west, but [true] righteousness is [in] one who believes in Allah, the Last Day, the angels, the Book, and the prophets and gives wealth, in spite of love for it, to relatives, orphans, the needy, the traveler, those who ask [for help], and for freeing slaves (raqabah); [and who] establishes prayer and gives zakah; [those who] fulfill their promise when they promise; and [those who] are patient in poverty and hardship and during battle. Those are the ones who have been true, and it is those who are the righteous. (2/177)
O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave (abd), and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment. (2/178)
And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake - then the freeing of a believing slave (raqabah) and a compensation payment presented to the deceased's family [is required] unless they give [up their right as] charity. But if the deceased was from a people at war with you and he was a believer - then [only] the freeing of a believing slave (raqabah) ; and if he was from a people with whom you have a treaty - then a compensation payment presented to his family and the freeing of a believing slave (raqabah) . And whoever does not find [one or cannot afford to buy one] - then [instead], a fast for two months consecutively, [seeking] acceptance of repentance from Allah . And Allah is ever Knowing and Wise. (4/92)
And marry the unmarried among you and the righteous among your male slaves (abd) and female slaves (amat). If they should be poor, Allah will enrich them from His bounty, and Allah is all-Encompassing and Knowing. (24/32)
And is this a favor of which you remind me - that you have enslaved (abd) the Children of Israel?" (26/22)
And those who pronounce thihar from their wives and then [wish to] go back on what they said - then [there must be] the freeing of a slave (raqabah) before they touch one another. That is what you are admonished thereby; and Allah is Acquainted with what you do. (58/3)
It is the freeing of a slave (raqabah) (90/13)
O Prophet, say to whoever is in your hands (aydiqum) of the captives (asra), "If Allah knows [any] good in your hearts, He will give you [something] better than what was taken from you, and He will forgive you; and Allah is Forgiving and Merciful." (8/70)
And those who pronounce thihar from their wives and then [wish to] go back on what they said - then [there must be] the freeing of a slave (raqabah) before they touch one another. That is what you are admonished thereby; and Allah is Acquainted with what you do. (58/3)
It is the freeing of a slave (raqabah) (90/13)
O Prophet, say to whoever is in your hands (aydiqum) of the captives (asra), "If Allah knows [any] good in your hearts, He will give you [something] better than what was taken from you, and He will forgive you; and Allah is Forgiving and Merciful." (8/70)
And [also prohibited to you are all] married women except those your right hands (aymanukum) possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise. (4/24)
And whoever among you cannot [find] the means to marry free, believing women, then [he may marry] from those whom your right hands (aymanukum) possess of believing slave girls. And Allah is most knowing about your faith. You [believers] are of one another. So marry them with the permission of their people and give them their due compensation according to what is acceptable. [They should be] chaste, neither [of] those who commit unlawful intercourse randomly nor those who take [secret] lovers. But once they are sheltered in marriage, if they should commit adultery, then for them is half the punishment for free [unmarried] women. This [allowance] is for him among you who fears sin, but to be patient is better for you. And Allah is Forgiving and Merciful. (4/25)
And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests and not expose their adornment except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers, their brothers' sons, their sisters' sons, their women, that which their right hands (aymanuhunne) possess, or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women. And let them not stamp their feet to make known what they conceal of their adornment. And turn to Allah in repentance, all of you, O believers, that you might succeed. (24/31)
But let them who find not [the means for] marriage abstain [from sexual relations] until Allah enriches them from His bounty. And those who seek a contract [for eventual emancipation] from among whom your right hands (aymanukum) possess - then make a contract with them if you know there is within them goodness and give them from the wealth of Allah which He has given you. And do not compel your slave girls to prostitution, if they desire chastity, to seek [thereby] the temporary interests of worldly life. And if someone should compel them, then indeed, Allah is [to them], after their compulsion, Forgiving and Merciful. (24/33)
He presents to you an example from yourselves. Do you have among those whom your right hands (aymanukum) possess any partners in what We have provided for you so that you are equal therein [and] would fear them as your fear of one another [within a partnership]? Thus do We detail the verses for a people who use reason. (30/28)
O Prophet, indeed We have made lawful to you your wives to whom you have given their due compensation and those your right hand (yaminuke) possesses from what Allah has returned to you [of captives] and the daughters of your paternal uncles and the daughters of your paternal aunts and the daughters of your maternal uncles and the daughters of your maternal aunts who emigrated with you and a believing woman if she gives herself to the Prophet [and] if the Prophet wishes to marry her, [this is] only for you, excluding the [other] believers. We certainly know what We have made obligatory upon them concerning their wives and those their right hands possess, [but this is for you] in order that there will be upon you no discomfort. And ever is Allah Forgiving and Merciful. (33/50)
Except from their wives or those their right hands possess (aymanuhum), for indeed, they are not to be blamed (70/30)
Some Hadiths on the Issue:
"The one who treats his slaves badly will not enter paradise." (Tirmidhi, 1946, grade: weak)
"He who has a slave-girl (jariyah) and educates and treats her nicely and then manumits and marries her, will get a double reward." (Bukhari, 2544,grade:sahih)
"Feed them from what you eat and clothe them from what you wear. Do not punish what Allah has created." (Al-Mufrad, 188, grade:sahih)
"The expiation for beating or slapping a slave on the face for something he has not done is to set him free." (Riyad as-Salihin, 18/1605)
"The expiation for someone who slaps his slave or beats him more than he deserves is to set him free." (Al-Mufrad, 177, grade:sahih)
Zadhan reported that Ibn Umar called his slave and he found the marks (of beating) upon his back. He said to him: "I have caused you pain. He said: No. But he (Ibn Umar) said: You are free. He then took hold of something from the earth and said: There is no reward for me even to the weight equal to it. I heard Allah's Messenger (ﷺ) as saying: He who beats a slave without cognizable offence of his or slaps him (without any serious fault), then expiation for it is that he should set him free." (Muslim, 1657b, grade:sahih, similar content in the hadith at 1657a)
Some Hadiths on the Issue:
"The one who treats his slaves badly will not enter paradise." (Tirmidhi, 1946, grade: weak)
"He who has a slave-girl (jariyah) and educates and treats her nicely and then manumits and marries her, will get a double reward." (Bukhari, 2544,grade:sahih)
"Feed them from what you eat and clothe them from what you wear. Do not punish what Allah has created." (Al-Mufrad, 188, grade:sahih)
"The expiation for beating or slapping a slave on the face for something he has not done is to set him free." (Riyad as-Salihin, 18/1605)
"The expiation for someone who slaps his slave or beats him more than he deserves is to set him free." (Al-Mufrad, 177, grade:sahih)
"Ali reported that the last words of the Prophet, may Allah bless him and grant him peace, were:
"The prayer! The prayer! Fear Allah concerning your slaves (ma malakat aymanukum)!"" (Al-Mufrad, 158, grade:sahih)
"The prayer! The prayer! Fear Allah concerning your slaves (ma malakat aymanukum)!"" (Al-Mufrad, 158, grade:sahih)
Zadhan reported that Ibn Umar called his slave and he found the marks (of beating) upon his back. He said to him: "I have caused you pain. He said: No. But he (Ibn Umar) said: You are free. He then took hold of something from the earth and said: There is no reward for me even to the weight equal to it. I heard Allah's Messenger (ﷺ) as saying: He who beats a slave without cognizable offence of his or slaps him (without any serious fault), then expiation for it is that he should set him free." (Muslim, 1657b, grade:sahih, similar content in the hadith at 1657a)
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