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apologies for the vulgarity of the title

but it really is the question I want to ask.

Qur’an 4.24 permits intercourse with women captured in jihad as is deducible from the context of revelation

Abu Saeed al Khudri reported that at the Battle of Hanain Allah's Messenger (ﷺ) sent an army to Autas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah's Messenger seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that: ‘And women already married, except those whom your right hands possess(4.24)’
Sahih Muslim

Imam Muslim’s chapter heading says;

It is permissible to have intercourse with a female captive after it is established that she is not pregnant, and if she has a husband, then her marriage is annulled when she is captured

And my question is what if the captured woman does not wish to have intercourse. Then is it permitted to rape her or is her consent necessary?

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    If rape means violence, then it's not even allowed to slap a slave unjustly.
    – The Z
    Commented Jan 5, 2022 at 5:31
  • @TheZ hmm good point.
    – Hisham
    Commented Jan 5, 2022 at 6:38
  • @TheZ But if she disobeys, then doesnt the master have the right to physically discipline her until she obeys? And forcing her into intercourse doesn’t necessarily cause physical harm either.
    – Hisham
    Commented Jan 5, 2022 at 16:39
  • As I said, if rape means violence, it's not even allowed to slap a slave. If rape has a bigger definition than violence, this sort of understanding of rape arose in the last few decades or so. It would not have been of concern to the people in the past.
    – The Z
    Commented Jan 5, 2022 at 20:15
  • @TheZ As I said, If she disobeys then doesn’t the master have the right to physically discipline her until she obeys? The prohibition is on beating a slave unjustly, like you said. Would it be unjust to use force on a disobedient slave?
    – Hisham
    Commented Jan 5, 2022 at 20:46

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No you cannot use force to discipline her. There use to be many concubine who use to refuse sex or following orders of there masters. There was an imam who came to know that some people are selling their slaves probably to prostitution becoz slaves are not obeying them. As they cant give them harsh treatment to obey so best they found was to sell them in prostitution. so he warned all that dont ever sale them in prostitution at all. If they dont obey you, sell them to some other persons, may be they will comply with them. This shows that slaves were also having the right to disobey. But force cant be used.

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