Why Is the Legal Level of Nakedness Different for a Slave Girl as It Is for a Free Woman?

Answered by Shaykh Yusuf Weltch

Question

Why is the legal level of nakedness different for a slave girl than it is for a free woman?

Answer

In the Name of Allah, the Most Merciful and Compassionate

Short Answer

It is narrated that Sayyiduna ‘Umar Ibn al-Khattab (Allah be pleased with him) prohibited slave women to cover their heads and thereby resemble free women.

The reason for the prohibition, despite Sayyiduna ‘Umar’s immense care and concern for the rights of slave men and women, was due to the deception that may occur by society thinking this woman to be free.

In such a case, the specific injunctions that apply to a slave woman will not be applied by her, or by the people in their interactions with her, due to her passing as a free woman.

This ruling issued by Sayyiduna ‘Umar during his caliphate was due to the following verse of the Quran:

Allah (Most High) says, “O Prophet! Ask your wives, daughters, and believing women to draw their cloaks over their bodies. In this way it is more likely that they will be recognized (as free women) and not be harassed. And Allah is All-Forgiving, Most Merciful.” [Quran, 33:59]

Abu Qalaba (Allah have mercy on him) narrates that Sayyiduna ‘Umar Ibn al-Khattab (Allah be pleased with him) left no slave woman wearing a headscarf. He would say, “Headscarves are for the free women, so they are not accosted.” [Hindi, Kanz al-‘Ummal citing Ibn Abi Shayba]

In that society, slaves were not looked to for sexual advances, nor were practicing, religious women. The only ones who would be pursued in public were the non-practicing women who were known by their being improperly covered.

ْUnderstanding the Period of Jahl

The period in which the Prophet Muhammad (Allah bless him and give him peace) was born was known as the period of ignorance.

The word Jahl, generally translated as ignorance, is the opposite of the word ‘aql. ‘Aql has two main meanings, as follows:

1) reason, understanding, and knowledge. The opposite of this meaning is ignorance (one of the translations of ‘jahl’)

2) restraint. The opposite of this meaning is a lack of restraint, or unruly behavior (another valid translation for ‘jahl’)

Thus, the period into which the Prophet (Allah bless him and give him peace) was born is a period in which reason and restraint were nearly non-existent. This is because of the many backward practices carried out.

Tribalism was their government. The strong consumed the weak. Prostitution, thievery, sexism, racism, and all types of injustice were rampant. Even female infanticide was seen as a common customary practice.

Slavery: The Meccan Period

Amongst these backward, unruly practices was slavery. At the onset of Islam, the Prophet Muhammad (Allah bless him and give him peace) didn’t have the political power to bring a halt to these illicit conventions, but he did, by means of revelation, encourage his followers to disassociate with such practices. The Quran even tries to reason with the non-muslims to show them how irrational and backward their practices are.

As part of this disassociation and doing what was in their ability in such circumstances, Islam encouraged very early on the freeing of slaves.

Allah (Most High) says, “If only they had attempted the challenging path ˹of goodness instead˺! And what will make you realize what ˹attempting˺ the challenging path is? It is to free a slave, …” [Quran, 90:11-13]

Slavery: The Medinan Period

When the Prophet (Allah bless him and give him peace) gained political influence, there were still certain conventions he was unable to completely eradicate, such as slavery. The reason for this is the slaves were wealth, and they had been a crucial part of the economy. To eradicate slavery was to strip people of a large portion of their wealth and labor.

For this reason, Islam put an end to a Muslim newly becoming a slave. As for non-muslims, the only way they can fall into slavery is, if they are captured as prisoners of war.

During this time, for those of the Muslims and non-muslims who were already in slavery, Islam continued to encourage the freeing of slaves and put in place rights for those remaining in bondage. These rights were previously unheard of.

The Pre-Islamic Modes of Slavery

The Sacred Law of Islam put an end to all other modes of slavery and affirmed that the basis of a human is freedom. Even if a person was found and no one knew their lineage or their status, they were considered free.

However, outside the reach of Islam, many other modes of slavery continued, for example:

a) Keeping a freed slave enslaved

The Messenger of Allah (Allah bless him and give him peace) said, “Three people who Allah will not accept their worship: a person who keeps a freed slave enslaved …” [Abu Dawud]

This could occur if the owner freed the slave and concealed that fact or disputes it in court. [Al-Mawsu‘a al-Kuwaitiyya al-Fiqhiyya]

b) Unjust enslavement of a free person

If a person was found without a tribe or in a vulnerable situation, it is possible that they be captured and enslaved without just cause. This occurred with many individuals of the Prophet’s Companions: the most famous of them Salman al-Farisi (Allah be pleased with him). [Ibid.]

This could occur by kidnapping, stealing, forcing, or any other means of enslavement, all of which are strictly forbidden (haram). Despite the enslavement, if the person is a Muslim or in a treaty with Muslims, they are still considered free. [Ibid.]
 
This type of enslavement occurred many times if a debtor could not pay their debt. [Ibid.]

The Rights of the Slave

As mentioned, Islam gave rights to the slaves, both those who were justly enslaved after Islam and those who remained in slavery (even if unjustly) prior to Islam.  [Ibid.]

Amongst these rights were the following:

1) That they not be killed, wounded, mutilated, etc… If this is done, the slave is immediately freed without the need of judicial intervention. [Ibid.]

2) That they not be commanded to disobedience to Allah (Most High) [Ibid.]

3) That they not be commanded to divorce their spouse [Ibid.]

4) That they not be prevented from attending their place of worship or forced to convert. This applies to Muslim and non-muslim slaves. [Ibid.]

5) If the slave is married, he and his wife must be financially cared for by the owner. [Ibid.]

6) If the slave dies, the owner is charged with funeral expenses. [Ibid.]

7) If the slave is married, they must be granted time to be with their spouse. [Ibid.]

8) That the owner be gentle and kind to their slave. [Ibid.]

Allah (Most High) says, “Worship Allah ˹alone˺ and associate none with Him. And be kind to parents, relatives, orphans, the poor, near and distant neighbors, close friends, ˹needy˺ travelers, and those ˹bondspeople˺ in your possession. Surely Allah does not like whoever is arrogant, boastful—…” [Quran, 4:36]

9) Give them good food and clothing. [Al-Mawsu‘a al-Kuwaitiyya al-Fiqhiyya]

10) If their personalities do not align and there is much discord between them, the owner sells the slave to someone more appropriate. [Ibid.]

The Messenger of Allah (Allah bless him and give him peace) said, “Those who suit you of your bondspeople, then feed them from what you eat and dress them with what you wear; and those who don’t suit you, then sell them off and do not punish the creation of Allah.” [Abu Dawud]

10) For the owner to speak to them respectfully and to address them with respectful titles [Al-Mawsu‘a al-Kuwaitiyya al-Fiqhiyya]

11) For the owner to teach them [Ibid.]

12) That the owner does not separate mother from son, or relative from relative, when selling or buying slaves. [Ibid.]

Societal Reasons for Distinguishing Slaves from the Free

There is no doubt that being in slavery, whether justly (as in prisoners of war) or unjustly, is a compromised position and not an ideal circumstance.

While unjust slavery was being done away with, it was part of the test of Allah (Most High) to His creation: the owner and the slave – how will each fulfill their role in each situation in accordance to what Allah (Most High) has revealed of guidance.

Allah (Most High) says, “Are they the ones who share out your Lord’s grace? We are the ones who give them their share of livelihood in this world, and We have raised some of them above others in rank, so that some may take others into service: your Lord’s grace is better than anything they accumulate.” [Quran, 43:32]

Furthermore, there is no middle ground between freedom and slavery. Those who are free are free, and those who are in slavery are slaves. [Al-Mawsu‘a al-Kuwaitiyya al-Fiqhiyya]

There are specific injunctions that the slave is distinguished by, such as the obligation of praying in congregation, praying Jumu‘a, performing the Hajj, paying the Zakat, buying and selling, etc… [Ibid.]

The ‘Awra of the Slave Girl

Amongst those issues is the extent of their legal nakedness (‘awra). The legal nakedness of a free woman is her entire body aside from her face, hands, and feet. [Ala’ al-Din Abidin, al-Hadiyya al-‘Ala’iyya]

Thus, she is obligated to keep her body, except for these three places, covered in front of marriageable people. [Ibid.]

The legal nakedness of the slave woman is the area between her navel and knees, as well as her stomach and back. Thus her hair, shoulders, and chest are not obligatory for her to cover. [Ibid.]

Obligation for Hijab Only for Free Women

The obligation of the Hijab is only for free women. Due to the nature of the life of a slave woman, any obligation on her to cover fully would lead to great hardship for her. Laborsome tasks given to her, in addition to her need to go out of the home more often than free women, support the need for a dispensation.

Thus, if we examine the Quranic verses where the Hijab is obligated, we find that they are directed to free women only.

Allah (Most High) said, “O Prophet! Ask your wives, daughters, and believing women to draw their cloaks over their bodies. In this way, it is more likely that they will be recognized ˹as virtuous˺ and not be harassed. And Allah is All-Forgiving, Most Merciful.” [Quran, 33:59]

Allah (Most High) says, “Your wives, daughters, and believing women” – slave women would not be addressed in this way. [Qurtubi, Al-Jami‘ li Ahkam al-Quran]

The following verse of Surat al-Ahzab supports this and clearly distinguishes between the wives (women) of the Prophet (Allah bless him and give him peace) and slave women. [Ibid.]

Allah (Most High) says, “There is no blame on the Prophet’s wives ˹if they appear unveiled˺ before their fathers, their sons, their brothers, their brothers’ sons, their sisters’ sons, their fellow ˹Muslim˺ women, and those ˹bondspeople˺ in their possession. And be mindful of Allah ˹O wives of the Prophet!˺ Surely Allah is a Witness over all things.” [Quran, 33:55]

Additionally, the following narration of Sahih Bukhari helps make this ruling clear:

Anas (Allah be pleased with him) narrates saying, “The Prophet (Allah bless him and give him peace) was stationed between Khaybar and Medina for three days. A residence was built for Safiyya bint Huyayy. So I called people to come to his banquet. There was no bread or meat, so he ordered that a tablecloth be spread, and dates, cheese, and butter be laid out. This was his banquet. The Muslims said, ‘Is she (i.e., Safiyya) of the Mothers of the Believers (i.e., is she his wife) or of the bondswomen?’

They said, ‘If he orders her to cover, then she is of the Mothers of the Believers; if he doesn’t order her to cover up, then she is of the bondswomen.’ When he departed, he prepared a place for her behind him (on his riding animal) and spread a veil between her and the eyes of the people.” [Bukhari]

Summary

The female slave is not commanded to cover fully like the free Muslim women. This is both a dispensation for her and to distinguish the free women from the slave women in society. Regardless, it is impermissible for any man to look at the slave girl with lust, just as it is looking at marriageable free women.

Slavery is a compromised state, but slaves, through Islam, were given many rights. Slowly, Islam was able to eliminate all invalid forms of slavery, only leaving slavery for prisoners of war. Despite this, even non-muslim slaves are afforded rights, like the right to practice their own religion and that they are not forced to convert.

Related

• Why Did Slave Women during the Time of the Prophet Not Cover Their Hair Even During Prayer?
• A Detailed Exposition of the Fiqh of Covering One’s Nakedness (awra)

Hope this helps
Allah knows best
[Shaykh] Yusuf Weltch
Checked and Approved by Shaykh Abdul-Rahim Reasat 

Shaykh Yusuf Weltch teaches Arabic, Islamic law, and spirituality. After accepting Islam in 2008, he completed four years at the Darul Uloom Seminary in New York, where he studied Arabic and the traditional sciences.

He then traveled to Tarim, Yemen, where he studied for three years in Dar al-Mustafa under some of the most outstanding scholars of our time, including Habib Umar Bin Hafiz, Habib Kadhim al-Saqqaf, and Shaykh Umar al-Khatib.

In Tarim, Shaykh Yusuf completed the memorization of the Quran and studied beliefs, legal methodology, hadith methodology, Quranic exegesis, Islamic history, and several texts on spirituality. He joined the SeekersGuidance faculty in the summer of 2019.