Children as Concubines, Babies as Wives
JMD Morgan
The ancient Hebrews were permitted to use children as concubines. Moses
established the precedent. In the passage below, the Hebrews have just
massacred the Midianite men. They return home with booty, and the
Midianite women and children. Moses directs them to slaughter the
captive women and children with this exception: virgin girl children are
to be kept as concubines for the Hebrews.
12. And they brought the captives, and the prey, and the spoil,
unto Moses, and Eleazar the priest, and unto the congregation of the
children of Israel, unto the camp at the plains of Moab, which are by
Jordan near Jericho.
13. And Moses, and Eleazar the priest, and all the princes of the
congregation, went forth to meet them without the camp.
14. And Moses was wroth with the officers of the host, with the
captains over thousands, and captains over hundreds, which came from the
battle.
15. And Moses said unto them, Have ye saved all the women alive?
16. Behold, these caused the children of Israel, through the
counsel of Balaam, to commit trespass against the LORD in the matter of
Peor, and there was a plague among the congregation of the LORD.
17. Now therefore kill every male among the little ones, and kill
every woman that hath known man by lying with him.
18. But all the women children, that have not known a man by
lying with him, keep alive for yourselves.
� Numbers 31:12-18 (KJV)
In the following, the Talmud Sages reason that, since Phinehas was among
the Hebrews who were permitted a child concubine and Phinehas was a
priest, Numbers 31:17-18 is Divine sanction for the marriage of priests
with girls under the age of three � babies. The rabbis describe the
babies as proselytes. The American Heritage Dictionary defines proselyte
as "a Gentile converted to Judaism." In the following passage, a bondman
is a male slave, and a bondwoman a female slave.
GEMARA. � It was taught: R. Simeon b. Yohai stated: A proselyte who
is under the age of three years and one day is permitted to marry a
priest, (2) for it is said, But all the women children that have not
known man by lying with him, keep alive for yourselves, (3) and Phinehas
(4) surely was with them. And the Rabbis? (5) � [These were kept alive]
as bondmen and bondwomen. (6) If so, (7) a proselyte whose age is three
years and one day (8) should also be permitted! � [The prohibition is to
be explained] in accordance with R. Huna. For R. Huna pointed out a
contradiction: It is written, Kill every woman that hath known man by
lying with him, (9) but if she hath not known, save her alive; from this
it may be inferred that children are to be kept alive whether they have
known or have not known [a man]; and, on the other hand, it is also
written, But all the women children, that have not known man by lying
with him, keep alive for yourselves, (3) but do not spare them if they
have known. Consequently (10) it must be said that Scripture speaks of
one who is fit (11) for cohabitation. (12)
� Babylonian Talmud, Tractate Yebamoth 60b
Soncino 1961 Edition, page 402
This is a special definition of cohabitation. The translator, Rev. Dr.
Israel W. Slotki, amplifies the text with footnotes:
2. She is not regarded as a harlot.
3. Num. XXXI, 18.
4. Who was a priest.
5. How could they, contrary to the opinion of R. Simeon b.
Yohai, which has Scriptural support, forbid the marriage of the young
proselyte?
6. Not for matrimony.
7. That, according to R. Simeon, Num. XXXI, 18 refers to matrimony.
8. So long as she has 'not known man'.
9. Num. XXXI, 17.
10. To reconcile the contradiction.
11. I.e., one who had attained the age of three years and one day.
12. Not one who had actually experienced it.
� Rev. Dr. Slotki
The doctrine that Jewish men may have sexual intercourse with non-Jewish
children ("proselytes") under the age of three is expanded in the
following passage; "Rabbi" is Judah the Prince.
GEMARA. � R. Jacob b. Idi stated in the name of R. Joshua b. Levi:
The halachah is in agreement with R. Simeon b. Yohai. (13) Said R. Zera
to R. Jacob b. Idi: Did you hear this (13) explicitly or did you learn
it by a deduction? What [could be the] deduction? � As R. Joshua b. Levi
related: There was a certain town in the Land of Israel the legitimacy
of whose inhabitants was disputed, and Rabbi sent R. Romanos who
conducted an enquiry and found in it the daughter of a proselyte who was
under the age of three years and one day, (14) and Rabbi declared her
eligible to live with a priest. (15)
� Babylonian Talmud, Tractate Yebamoth 60b
Soncino 1961 Edition, page 403
The translator, Rev. Dr. Israel W. Slotki, amplifies the text with
footnotes:
13. That a proselyte under the age of three years and one day may
be married by a priest.
14. And was married to a priest.
15. I.e., permitted her to continue to live with her husband.
� Rev. Dr. Slotki
Not every Sage agreed with this practice. The Talmud records the words
of one Sage who objected to one case, though it does not record the
specifics of his objection.
GEMARA. � A certain priest married a proselyte who was under the
age of three years and one day. Said R. Nahman b. Isaac to him: What [do
you mean by] this? (12) � The other replied: Because R. Jacob b. Idi
stated in the name of R. Joshua b. Levi that the halachah is in
agreement with R. Simeon b. Yohai. (13) 'Go', the first said, 'and
arrange for her release, or else I will pull R. Jacob b. Idi out of your
ear'. (14)
� Babylonian Talmud, Tractate Yebamoth 60b
Soncino 1961 Edition, page 404
The translator, Rev. Dr. Israel W. Slotki, amplifies the text with
footnotes:
12. I.e., on what authority did you contract the marriage.
13. V. supra p. 403. n. 13.
14. He would place him under the ban and thus compel him to carry
out his decision which is contrary to that of R. Jacob b. Idi.
� Rev. Dr. Slotki
How Old Is the Screamer?
In Talmud doctrine, if a wife is a screamer � that is, her voice can be
heard by the neighbors � she can be divorced without her kethubah.
MISHNAH. THESE ARE TO BE DIVORCED WITHOUT RECEIVING THEIR KETHUBAH:
A WIFE WHO TRANSGRESSES THE LAW OF MOSES OR [ONE WHO TRANSGRESSES]
JEWISH PRACTICE � [SUCH TRANSGRESSIONS INCLUDE] ALSO THAT OF A WIFE WHO
CURSES HER HUSBAND'S PARENTS IN HIS PRESENCE. R. TARFON SAID: ALSO ONE
WHO SCREAMS. AND WHO IS REGARDED A SCREAMER? A WOMAN WHOSE VOICE CAN BE
HEARD BY HER NEIGHBOURS WHEN SHE SPEAKS INSIDE HER HOUSE.
� Babylonian Talmud, Kethuboth 72a
Soncino 1961 Edition, page 449
However, in the current context of the child bride, the matter becomes
another issue. It is surely possible that a three or four-year-old wife
screams in pain when required to perform her marital duties. On reading
further, the Gemara explains that if the wife screams during
intercourse, it may be a sign of a physical defect.
GEMARA. � R. TARFON SAID: ALSO ONE WHO SCREAMS. What is meant by a
screamer? � Rab Judah replied in the name of Samuel: One who speaks
aloud (10) on marital matters. In a Baraitha it was taught: [By screams
was meant a wife] whose voice (11) during her intercourse in one court
can be heard in another court. But should not this, then, (12) have been
taught in the Mishnah (13) among defects? (14) � Clearly we must revert
to the original explanation. (15)
� Babylonian Talmud, Tractate Kethuboth 72b
Soncino 1961 Edition, page 453
Rev. Dr. Israel W. Slotki amplifies the above Gemara in the following
footnotes. He tells us these were not screams of pleasure � they were
screams of pain.
10. Lit., 'makes her voice heard'.
11. Her screams of pain caused by the copulation.
12. Since her screaming is due to a bodily defect.
13. Infra 77a.
14. Of course it should. Such a case in our Mishnah is out of place.
15. That given in the name of Samuel.
� Rev. Dr. Slotki
In some cases, however, the screaming wife may be one who is so young
and physically underdeveloped, her sexual organs cannot accommodate
those of a grown man. It seems this child is at risk of being divorced
without her kethubah. That is, of course, a concern.
A Different Viewpoint
There is no Talmud prohibition against sexual activity between an adult
and very a young child on the basis that such activity could wound the
child. Instead, the concern of the Sages is focused on interpreting
Biblical injunctions and technicalities that absolve the adult from
guilt or liability: At what age, they ask, does the child begin to cause
"defilement" of the adult who uses the child for sex?
This next passage illustrates the point once more. The Sages debate
"from what age does a heathen child cause defilement"? Is it nine years,
or is it three years? If the correct threshold age is observed, the Jew
incurs no guilt for the act of pederasty.
GEMARA. � From what age does a heathen child cause defilement by
seminal emission? From the age of nine years and one day, [37a] for
inasmuch as he is then capable of the sexual act he likewise defiles by
emission. Rabina said: It is therefore to be concluded that a heathen
girl [communicates defilement] from the age of three years and one day,
for inasmuch as she is then capable of the sexual act she likewise
defiles by a flux. This is obvious! � You might argue that he is at an
age when he knows to persuade [a female] but she is not at an age when
she knows to persuade [a male, and consequently although she is
technically capable of the sexual act, she does not cause defilement
until she is nine years and one day old]. Hence he informs us [that she
communicates defilement at the earlier age].
� Babylonian Talmud, Tractate Abodah Zarah 36b-37a
Soncino 1961 Edition, pages 178-179
This may surprise the American reader who encounters it for the first
time. In our society, of course, an adult who uses a child �
particularly a very young child � for sexual activity is criminally
censured.
Brother Takes Three-Year-Old Widow
In Tractate Niddah, again there is approval for priests to marry and
copulate with baby girls. This passage describes a situation in which a
priest dies without children, leaving a three-year-old widow. In such
case, the priest's brother (the yebam) can acquire the girl by having
sexual intercourse with her. The ellipsis (�) in the following Mishna
indicates the omission of non-germane text. The full text is available
through the link at the Come and Hear� link, below.
MISHNAH. A GIRL OF THE AGE OF THREE YEARS AND ONE DAY MAY BE
BETROTHED BY INTERCOURSE; � IF SHE WAS MARRIED TO A PRIEST, SHE MAY EAT
TERUMAH.
� Babylonian Talmud Tractate Niddah 44b
Soncino 1961 Edition, page 308
Terumah is the word for temple offerings eaten by priests. This
statement indicates that the three-year-old bride is the widow of the
priest in all respects and privileges.
In the passage below, we see that the widow of a man who is not a priest
can be sexually possessed by her erstwhile brother-in-law and thereby
become his wife.
GEMARA. � R. Joseph said: Come and hear! A maiden aged three years
and a day may be acquired in marriage by coition, and if her deceased
husband's brother cohabits with her, she becomes his.
� Babylonian Talmud, Tractate Sanhedrin 55b
Soncino 1961 Edition, page 376
The statement quoted above from Tractate Sanhedrin 55b also appears in
Tractate Sanhedrin 69a, Soncino 1961 Edition, page 469.
Wounding Young Brides by Intercourse
The Sages go on to discuss sexual intercourse with a girl younger than
three years old: Wounding the child and causing her to bleed is one
possible result. From the Sages' description, it is apparent that the
baby bleeds again and again from copulation with a grown man, and the
Sages, once again, attribute the bleeding to the repetitive rupturing of
the hymen (i.e., virginity growing back).
In the following Mishnah, non-germane text is omitted (�). Please follow
the source link to view the complete Mishnah.
MISHNAH. A GIRL OF THE AGE OF THREE YEARS AND ONE DAY MAY BE
BETROTHED BY INTERCOURSE; � IF ONE WAS YOUNGER THAN THIS AGE INTERCOURSE
WITH HER IS LIKE PUTTING A FINGER IN THE EYE.
� Babylonian Talmud, Tractate Niddah 44b
Soncino 1961 Edition, page 309
The image of "a finger in the eye" is once again explained in the
following Gemara. The possibility that the three-year-old committed
adultery with a stranger is also addressed:
GEMARA. � IF ONE WAS YOUNGER THAN THIS AGE, INTERCOURSE WITH HER IS
LIKE PUTTING A FINGER IN THE EYE. It was asked, Do the features of
virginity disappear and reappear again or is it possible that they
cannot be completely destroyed until after the third year of her age? In
what practical respect could this matter? � In one, for instance, where
her husband had intercourse with her before the age of three and found
blood, and when he had intercourse after the age of three he found no
blood. If you grant that they disappear and reappear again [it might
well be assumed] that there 'was not sufficient time for their
reappearance, but if you maintain that they cannot be destroyed until
after the age of three years it would be obvious that a stranger
cohabited with her. Now what is your decision? � R. Hiyya son of R. Ika
demurred: But who can tell us that a wound inflicted within the three
years is not healed forthwith, seeing it is possible that it is
immediately healed and it would thus be obvious that a stranger had
cohabited with her? Rather the practical difference is the case, for
instance, where her husband had intercourse with her while she was under
three years of age and found blood and when he had intercourse after the
age of three he also found blood. If you grant that the features
disappear and reappear again the blood might well be treated as that of
virginity, but if you maintain that they cannot be destroyed until after
the age of three years, that must be the blood of menstruation. Now what
is your decision? � R. Hisda replied, Come and hear: IF ONE WAS YOUNGER
THAN THIS AGE, INTERCOURSE WITH HER IS LIKE PUTTING A FINGER IN THE EYE;
what need was there to state, LIKE PUTTING A FINGER IN THE EYE' instead
of merely saying: IF ONE WAS YOUNGER THAN THIS AGE, INTERCOURSE WITH HER
IS of no consequence'? Does not this then teach us that as the eye tears
and tears again so do the features of virginity disappear and reappear
again.
� Babylonian Talmud, Tractate Niddah 45a
Soncino 1961 Edition, page 309-310
Rest for the Intercourse Wound
This Gemara from Tractate Kethuboth takes up the discussion of the
pre-pubescent bride who is wounded by intercourse.
GEMARA. � R. Hisda objected: If a girl, whose period to see [blood]
had not arrived yet, got married, Beth Shammai say: One gives her four
nights, and the disciples of Hillel say: Until the wound is healed up.
(1) If her period to see [blood] had arrived and she married, Beth
Shammai say: One gives her the first night, and Beth Hillel say: Until
the night following the Sabbath [one gives her] four nights.
� Babylonian Talmud, Tractate Kethuboth 6a
Soncino 1961 Edition, page 20-21
The translator, Rabbi Dr. Samuel Daiches, amplifies the text with this
footnote.
1. The blood that comes out is attributed to the wound and not
to menstruation. Ordinarily, after the first intercourse further
intercourse is forbidden until the coming out of blood, i.e.,
menstruation, is over. But in this case, in which the young bride had
never yet had any menstruation, it is assumed that the blood is not due
to menstruation but to the wound caused by the intercourse. According to
Beth Shammai this assumption holds good for four nights, and according
to Beth Hillel it holds good 'until the wound is healed up.' As to the
definition of this phrase, v. Nid. 64b. V. also Nid. 65b, where it is
finally decided that after the first coition no further intercourse must
take place until the flowing of blood has stopped, even in the case of a
young bride who had not yet had any menstruation. V. also Eben ha-'Ezer,
63, and Yoreh De'ah, 193.
� Rabbi Dr. Daiches
We have been told that according to Jewish law, a post-pubescent bride
who bleeds after the first intercourse does not have intercourse again
until after her next menstrual period (above). The situation is
different, however, for a bride who has not reached the age of
menstruation. What are the rules concerning the bleeding pre-pubescent
bride? Shammai rabbis say the intercourse wound should be given four
nights rest. The Hillel rabbis recommend abstinence until the wound is
healed (Kethuboth 6a). See also Tractate Niddah, as follows:
MISHNAH. IF A YOUNG GIRL, WHOSE AGE OF MENSTRUATION HAS NOT YET
ARRIVED, MARRIED, BETH SHAMMAI RULED: SHE IS ALLOWED FOUR NIGHTS, AND
BETH HILLEL RULED: UNTIL THE WOUND IS HEALED.
� Babylonian Talmud, Tractate Niddah 64b
Soncino 1961 Edition, page 454
Again, there is no prohibition of a sexual practice that would almost
certainly cause physical damage to a young girl due to the mismatched
sizes of genitals between an adult's penis and a child's vagina or anus.
softsofa
Since Islam wants to kill all Jews, using Jew rules from the past to
excuse Muslim behavior today is idiotic. Children are not for
marrying, enslaving, or blowing to pieces.
Today is not the 7th Century. Quit acting like it is.
[]softsofa[]
Fred Oinka
chopping rag heads?
> — Numbers 31:12-18 (KJV)
>
> In the following, the Talmud Sages reason that, since Phinehas was among
> the Hebrews who were permitted a child concubine and Phinehas was a
> priest, Numbers 31:17-18 is Divine sanction for the marriage of priests
> with girls under the age of three — babies. The rabbis describe the
> babies as proselytes. The American Heritage Dictionary defines proselyte
> as "a Gentile converted to Judaism." In the following passage, a bondman
> is a male slave, and a bondwoman a female slave.
>
> GEMARA. … It was taught: R. Simeon b. Yohai stated: A proselyte who
> is under the age of three years and one day is permitted to marry a
> priest, (2) for it is said, But all the women children that have not
> known man by lying with him, keep alive for yourselves, (3) and Phinehas
> (4) surely was with them. And the Rabbis? (5) — [These were kept alive]
> as bondmen and bondwomen. (6) If so, (7) a proselyte whose age is three
> years and one day (8) should also be permitted! — [The prohibition is to
> be explained] in accordance with R. Huna. For R. Huna pointed out a
> contradiction: It is written, Kill every woman that hath known man by
> lying with him, (9) but if she hath not known, save her alive; from this
> it may be inferred that children are to be kept alive whether they have
> known or have not known [a man]; and, on the other hand, it is also
> written, But all the women children, that have not known man by lying
> with him, keep alive for yourselves, (3) but do not spare them if they
> have known. Consequently (10) it must be said that Scripture speaks of
> one who is fit (11) for cohabitation. (12)
>
> — Babylonian Talmud, Tractate Yebamoth 60b
> Soncino 1961 Edition, page 402
>
> This is a special definition of cohabitation. The translator, Rev. Dr.
> Israel W. Slotki, amplifies the text with footnotes:
>
> 2. She is not regarded as a harlot.
> 3. Num. XXXI, 18.
> 4. Who was a priest.
> 5. How could they, contrary to the opinion of R. Simeon b.
> Yohai, which has Scriptural support, forbid the marriage of the young
> proselyte?
> 6. Not for matrimony.
> 7. That, according to R. Simeon, Num. XXXI, 18 refers to matrimony.
> 8. So long as she has 'not known man'.
> 9. Num. XXXI, 17.
> 10. To reconcile the contradiction.
> 11. I.e., one who had attained the age of three years and one day.
> 12. Not one who had actually experienced it.
>
> — Rev. Dr. Slotki
>
> The doctrine that Jewish men may have sexual intercourse with non-Jewish
> children ("proselytes") under the age of three is expanded in the
> following passage; "Rabbi" is Judah the Prince.
>
> GEMARA. … R. Jacob b. Idi stated in the name of R. Joshua b. Levi:
> The halachah is in agreement with R. Simeon b. Yohai. (13) Said R. Zera
> to R. Jacob b. Idi: Did you hear this (13) explicitly or did you learn
> it by a deduction? What [could be the] deduction? — As R. Joshua b. Levi
> related: There was a certain town in the Land of Israel the legitimacy
> of whose inhabitants was disputed, and Rabbi sent R. Romanos who
> conducted an enquiry and found in it the daughter of a proselyte who was
> under the age of three years and one day, (14) and Rabbi declared her
> eligible to live with a priest. (15)
>
> — Babylonian Talmud, Tractate Yebamoth 60b
> Soncino 1961 Edition, page 403
>
> The translator, Rev. Dr. Israel W. Slotki, amplifies the text with
> footnotes:
>
> 13. That a proselyte under the age of three years and one day may
> be married by a priest.
> 14. And was married to a priest.
> 15. I.e., permitted her to continue to live with her husband.
>
> — Rev. Dr. Slotki
>
> Not every Sage agreed with this practice. The Talmud records the words
> of one Sage who objected to one case, though it does not record the
> specifics of his objection.
>
> GEMARA. … A certain priest married a proselyte who was under the
> age of three years and one day. Said R. Nahman b. Isaac to him: What [do
> you mean by] this? (12) — The other replied: Because R. Jacob b. Idi
> stated in the name of R. Joshua b. Levi that the halachah is in
> agreement with R. Simeon b. Yohai. (13) 'Go', the first said, 'and
> arrange for her release, or else I will pull R. Jacob b. Idi out of your
> ear'. (14)
>
> — Babylonian Talmud, Tractate Yebamoth 60b
> Soncino 1961 Edition, page 404
>
> The translator, Rev. Dr. Israel W. Slotki, amplifies the text with
> footnotes:
>
> 12. I.e., on what authority did you contract the marriage.
> 13. V. supra p. 403. n. 13.
> 14. He would place him under the ban and thus compel him to carry
> out his decision which is contrary to that of R. Jacob b. Idi.
>
> — Rev. Dr. Slotki
> How Old Is the Screamer?
>
> In Talmud doctrine, if a wife is a screamer — that is, her voice can be
> heard by the neighbors — she can be divorced without her kethubah.
>
> MISHNAH. THESE ARE TO BE DIVORCED WITHOUT RECEIVING THEIR KETHUBAH:
> A WIFE WHO TRANSGRESSES THE LAW OF MOSES OR [ONE WHO TRANSGRESSES]
> JEWISH PRACTICE … [SUCH TRANSGRESSIONS INCLUDE] ALSO THAT OF A WIFE WHO
> CURSES HER HUSBAND'S PARENTS IN HIS PRESENCE. R. TARFON SAID: ALSO ONE
> WHO SCREAMS. AND WHO IS REGARDED A SCREAMER? A WOMAN WHOSE VOICE CAN BE
> HEARD BY HER NEIGHBOURS WHEN SHE SPEAKS INSIDE HER HOUSE.
>
> — Babylonian Talmud, Kethuboth 72a
> Soncino 1961 Edition, page 449
>
> However, in the current context of the child bride, the matter becomes
> another issue. It is surely possible that a three or four-year-old wife
> screams in pain when required to perform her marital duties. On reading
> further, the Gemara explains that if the wife screams during
> intercourse, it may be a sign of a physical defect.
>
> GEMARA. … R. TARFON SAID: ALSO ONE WHO SCREAMS. What is meant by a
> screamer? — Rab Judah replied in the name of Samuel: One who speaks
> aloud (10) on marital matters. In a Baraitha it was taught: [By screams
> was meant a wife] whose voice (11) during her intercourse in one court
> can be heard in another court. But should not this, then, (12) have been
> taught in the Mishnah (13) among defects? (14) — Clearly we must revert
> to the original explanation. (15)
>
> — Babylonian Talmud, Tractate Kethuboth 72b
> Soncino 1961 Edition, page 453
>
> Rev. Dr. Israel W. Slotki amplifies the above Gemara in the following
> footnotes. He tells us these were not screams of pleasure — they were
> screams of pain.
>
> 10. Lit., 'makes her voice heard'.
> 11. Her screams of pain caused by the copulation.
> 12. Since her screaming is due to a bodily defect.
> 13. Infra 77a.
> 14. Of course it should. Such a case in our Mishnah is out of place.
> 15. That given in the name of Samuel.
>
> — Rev. Dr. Slotki
>
> In some cases, however, the screaming wife may be one who is so young
> and physically underdeveloped, her sexual organs cannot accommodate
> those of a grown man. It seems this child is at risk of being divorced
> without her kethubah. That is, of course, a concern.
> A Different Viewpoint
>
> There is no Talmud prohibition against sexual activity between an adult
> and very a young child on the basis that such activity could wound the
> child. Instead, the concern of the Sages is focused on interpreting
> Biblical injunctions and technicalities that absolve the adult from
> guilt or liability: At what age, they ask, does the child begin to cause
> "defilement" of the adult who uses the child for sex?
>
> This next passage illustrates the point once more. The Sages debate
> "from what age does a heathen child cause defilement"? Is it nine years,
> or is it three years? If the correct threshold age is observed, the Jew
> incurs no guilt for the act of pederasty.
>
> GEMARA. … From what age does a heathen child cause defilement by
> seminal emission? From the age of nine years and one day, [37a] for
> inasmuch as he is then capable of the sexual act he likewise defiles by
> emission. Rabina said: It is therefore to be concluded that a heathen
> girl [communicates defilement] from the age of three years and one day,
> for inasmuch as she is then capable of the sexual act she likewise
> defiles by a flux. This is obvious! — You might argue that he is at an
> age when he knows to persuade [a female] but she is not at an age when
> she knows to persuade [a male, and consequently although she is
> technically capable of the sexual act, she does not cause defilement
> until she is nine years and one day old]. Hence he informs us [that she
> communicates defilement at the earlier age].
>
> — Babylonian Talmud,...
>
> read more »
Billy White
"JMD Morgan" <John...@email.non> wrote in message
news:ftGdnYWWYoXY5YLX...@giganews.com...
> Children as Concubines, Babies as Wives
> <long primitive and allegorical tales snipped>
One more reason to believe that Islam is nothing more than bastardized and
plagiarized Judaism.
Present days Jews are not engaging in that sort of behavior now.
If Islam wants to copy Jewish ideas, it should be the best Jewish ideas such
as human rights and social justice.
JMD Morgan
> "JMD Morgan" <John...@email.non> wrote in message
> news:ftGdnYWWYoXY5YLX...@giganews.com...
>> Children as Concubines, Babies as Wives
>
>> <long primitive and allegorical tales snipped>
>
> One more reason to believe that Islam is nothing more than bastardized and
> plagiarized Judaism.
You are a liar, Zionist Jews and Zionist Christians have been spreading
anti-Muslim propaganda to further their goals of middle-east wars.
Rape & Incest: Islamic Perspective
Uzma Mazhar � 2002
Incest and rape are not new in this day and age; these problems have
always existed and will continue to exist if not confronted face on. If
you have ever worked with an incest, sexual abuse or rape survivor you
will never be able to forget the devastating impact it has on all
aspects of their life, nor will you be able to sit back and do nothing
about this issue. These are serious crimes that corrode the fabric of
family and society and cannot go un-addressed, since these problems do
exist in Muslim families it is about time that we address it openly and
take action to put an end to it.
To fully understand this issue we need to examine what Isl�m teaches us
about the value of human life.
Isl�m views human life as a sacred gift from God. The Qur��n repeatedly
stresses the sanctity of life (hurmat al hayat). The life of every
single individual regardless of gender, age, nationality or religion is
worthy of respect. In verses referring to the sanctity of life, the
term used is �nafs� (soul, life); and there is no distinction made in
that soul being young or old, male or female, Muslim or non-muslim.
S�rah al An'am 6.151:
"Do not take any human being's life, (the life) which God has declared
to be sacred - otherwise than in (the pursuit of) justice: this has He
enjoined upon you so that you might use your reason."
(Also check: S�rah al Isra 17.33 & S�rah al Ma'idah 5.32)
Qur��nic teachings encompass every aspect of life; hence it does not
limit the definition of life to the physical body only, but includes the
mental, emotional and spiritual aspects as well. There are about 150
verses that define the term �nafs� in various ways making it clear that
the concept of �life� is not limited to mere physical existence.
Historically, Islam has addressed serious issues openly and sought to
correct actions that constitute harm or �zulm� (ie: cruelty and abuse)
to the dignity of humankind. Human life and respect for it has been
stressed unstintingly, regardless of age or gender. As a general rule,
Isl�m forbids all �zulm�, be it physical, mental, emotional or spiritual:
S�rah al An'am 6.120
�Abandon all harm (ithm), whether committed openly or in secret.�
(Check S�rah al A`raf 7:33)
S�rah al 49:11-12 points out categorically that emotionally abusive
language and behavior is not acceptable.
"You who believe do not let one (set of) people make fun of another set.
Do not defame one another. Do not insult by using nicknames. And do not
backbite or speak ill of one another."
In the last address to his community, the Prophet (saw) said: "Your
lives and properties are forbidden to one another till you meet your
Lord on the Day of Resurrection� Regard the life and property of every
Muslim as a sacred trust� Hurt no one so that no one may hurt you... You
will neither inflict nor suffer any inequity." The Prophet (saw) did
not prohibit only the unlawful encroachment of one another�s life and
property, but also honor and respect.
Considering that human life is to be valued and cruelty is forbidden,
what is the Islamic perspective on incest and rape?
According to Isl�m, a woman has to be respected and protected under all
circumstances, whether she belongs to your own nation or to the nation
of an enemy, whether she follows your religion or belongs to some other
religion or has no religion at all. A Muslim cannot outrage her under
any circumstances. All promiscuous relationships have been forbidden to
him, irrespective of the status or position of the woman, whether the
woman is a willing or an unwilling partner to the act. The words of the
Holy Qur��n in this respect are: "Do not approach (the bounds of)
adultery" (17:32). Heavy punishment has been prescribed for this crime,
and the order has not been qualified by any conditions. Since the
violation of chastity of a woman is forbidden in Islam, a Muslim who
perpetrates this crime cannot escape punishment. (Maudoodi)
The Quran has, in various ways and in different contexts; impressed on
men that they must observe the limits set by God (Hud�d Allah) in
respect to women and must not encroach upon their rights in either
marriage or divorce. In all situations it is the men who are reminded,
corrected and reprimanded, over and over again, to be generous to women
and to be kind, compassionate, fair and just in their dealings with
women. Even in divorce, when the chances of anger and vindictiveness
are high, it is stressed that men are to separate with grace, equity and
generosity.
Forbidding cruelty against children and women is apparent from rulings
against female infanticide and rights of inheritance given even to an
unborn child; and the kindness mandated even when divorcing your wife.
There are numerous ah�d�th about the rights of children to respect and
dignity. The same holds true for respect and the unprecedented rights
given to women.
Relevant verses from the Quran:
S�rah an N�s 4.119
'O you who believe! You are forbidden to inherit women against their
will...'
S�rah an N�r 24.33
'... And do not, in order to gain some of the fleeting pleasures of this
worldly life, coerce your slave women into whoredom if they are desirous
of marriage, and if anyone should coerce them, then, verily, after they
have been compelled (to submit in their helplessness), God will be much
forgiving, a dispenser of grace (to them).
During the time of the Prophet (saw) punishment was inflicted on the
rapist on the solitary evidence of the woman who was raped by him. Wa'il
ibn Hujr reports of an incident when a woman was raped. Later, when
some people came by, she identified and accused the man of raping her.
They seized him and brought him to Allah's messenger, who said to the
woman, "Go away, for All�h has forgiven you," but of the man who had
raped her, he said, "Stone him to death." (Tirmidhi and Abu Dawud)
During the time when Umar (raa) was the Khalifah, a woman accused his
son Abu Shahmah of raping her; she brought the infant borne of this
incident with her to the mosque and publicly spoke about what had
happened. Umar (raa) asked his son who acknowledged committing the
crime and was duly punished right there and then. There was no
punishment given to the woman. (Rauf)
Islamic legal scholars interpret rape as a crime in the category of
Hiraba. In �Fiqh-us-Sunnah�, hiraba is described as: �a single person
or group of people causing public disruption, killing, forcibly taking
property or money, attacking or raping women (hatk al �arad), killing
cattle, or disrupting agriculture.�
The famous jurist, Ibn Hazm, had the widest definition of hiraba,
defining a hiraba offender as: �One who puts people in fear on the road,
whether or not with a weapon, at night or day, in urban areas or in open
spaces, in the palace of a caliph or a mosque, with or without
accomplices, in the desert or in the village, in a large or small city,
with one or more people� making people fear that they�ll be killed, or
have money taken, or be raped (hatk al �arad)� whether the attackers are
one or many."
Al-Dasuqi held that if a person forced a woman to have sex, his actions
would be deemed as committing hiraba. In addition, the Maliki judge Ibn
�Arabi, relates a story in which a group was attacked and a woman in
their party was raped. Responding to the argument that the crime did
not constitute hiraba because no money was taken and no weapons used,
Ibn �Arabi replied indignantly that "hiraba with the private parts" is
much worse than hiraba involving the taking of money, and that anyone
would rather be subjected to the latter than the former.
The crime of rape is classified not as a subcategory of �zina�
(consensual adultery), but rather as a separate crime of violence under
hiraba. This classification is logical, as the "taking" is of the
victim�s property (the rape victim�s sexual autonomy) by force. In
Islam, sexual autonomy and pleasure is a fundamental right for both
women and men (Ghaz�l�); taking by force someone�s right to control the
sexual activity of one�s body is thus a form of hiraba.
Rape as hiraba is a violent crime that uses sexual intercourse as a
weapon. The focus in a hiraba prosecution is the accused rapist and his
intent and physical actions, and not second-guessing the consent of the
rape victim. Hiraba does not require four witnesses to prove the
offense, circumstantial evidence, medical data and expert testimony form
the evidence used to prosecute such crimes.
Islamic legal responses to rape are not limited to a criminal
prosecution for hiraba. Islamic jurisprudence also provides an avenue
for civil redress for a rape survivor in its law of "jirah" (wounds).
Islamic law designates ownership rights to each part of one�s body, and
a right to corresponding compensation for any harm done unlawfully to
any of those parts. Islamic law calls this the �law of jirah� (wounds).
Harm to a sexual organ, therefore, entitles the person harmed to
appropriate financial compensation under classical Islamic jirah
jurisprudence. Each school of Islamic law has held that where a woman
is harmed through sexual intercourse (some include marital intercourse),
she is entitled to financial compensation for the harm. Further, where
this intercourse was without the consent of the woman, the perpetrator
must pay the woman both the basic compensation for the harm, as well as
an additional amount based on the �diyya� (financial compensation for
murder, akin to a wrongful death payment).
Islamic law, with its radical introduction of a woman�s right to own
property as a fundamental right, employs a gender-egalitarian attitude
in this area of jurisprudence. In fact, there is a hadith specifically
directed to transforming the early Muslim population out of this
patriarchal attitude of male financial compensation for female sexual
activity. During the time of Prophet Muhammad, a young man committed
zina with his employer�s wife. The father of the young man gave one
hundred goats and a maid as compensation to the employer, who accepted
it. When the case was reported to the Prophet, he ordered the return of
the goats and the maid to the young man�s father and prosecuted the
adulterer for zina (Abu Daud 1990, 3: Bk. 33, No. 4430; Bukh�ri 1985,
8:Bk. 81, Nos. 815, 821, 826).
Early Islam thus established that there should be no tolerance of the
attitude that a woman�s sexual activity is something to be bartered,
pawned, gossiped about, or owned by the men in her life. Personal
responsibility of every human being for their own actions is a
fundamental principle in Islamic thought.
Marital Rape
The Quran is very clear that the basis of a marital relationship is love
and affection between the spouses, not power or control. Rape is
unacceptable in such a relationship.
S�rah al Baqarah 2.223
'Your wives are your tilth; go then unto your tilth as you may desire,
but first provide something for your souls*, and remain conscious of
God, and know that your are destined to meet Him...'
* Note in Muhammad Asad's translation: 'a spiritual relationship between
man and woman is postulated as the indispensable basis of sexual relations.'
S�rah ar Rum 30.21
"And among His wonders is this: He creates for you mates out of your own
kind, so that your might incline towards then, and He engenders love and
tenderness between you: in this, behold, there are messages indeed for
people who think!
S�rah al Baqarah 2.187
"... They are as a garment for you, and you are as a garment for them."
S�rah al Nisa 4.19
"... And consort with your wives in a goodly manner, for if you dislike
them, it may well be that you dislike something which God might yet make
a source of abundant good."
"Is there recognition of marital rape in Islam?
In the context of jirah, it would appear so: where there is any physical
harm or disease caused to a spouse, there may be a claim for jirah
compensation. The law of jirah provides for compensation for physical
harm between spouses, and supports Islamic legislation against domestic
abuse. Even in these discussions of appropriate jirah compensation, the
question of the injured party�s consent plays a central role. Some
Islamic jurists considered consent to be presumed by virtue of the
marital relationship, while others maintain that where harm occurs, it
is an assault, regardless of the consent, and therefore compensation is
due. In our modern era, one might take these precedents and their
premium focus on consent and apply the Islamic principle of sexual
autonomy to conclude that any sex without consent is harmful, as a
dishonoring of the unwilling party�s sexual autonomy. Thus, modern
Islamic jurists and legislators, taking a gender-egalitarian
perspective, might conclude that Islamic law does recognize marital
rape, and assign the appropriate injunctions and compensation for this
personally devastating harm." (Qureshi)
An often misquoted and abused hadith that is used to tyrannize women is
that women cannot and should not say no to their husband when he
approaches them Women are advised not to turn away from their husbands
except if they have their period or any other reasonable excuse. So
much so that she is to break her voluntary fast if her husband
approaches her. And if they do angels will curse them. However, this
hadith is not quoted with the complementary one that advises men of the
same consideration.
In the same manner men are advised that meeting the needs of their wives
takes precedence over voluntary worship. Narrated Abdullah bin Amr bin
Al-As: "Prophet Muhammad (saw) said, �O Abdullah! I have been informed
that you fast all the day and stand in prayer all night?� I said, �Yes,
O Allah's Apostle!� He said, �Do not do that! Observe the fast sometimes
and also leave them at other times, stand up for the prayer at night and
also sleep at night. Your body has a right over you and your wife has a
right over you.� (Bukh�ri)
To a certain degree these ah�d�th are used to confuse and distract from
the issue, since rape does not have anything to do with permission or
lack of permission. In a marriage abusive or forced sexual activity
cannot be justified by abusing this hadith. Rape is defined as
unwanted, violent and forced sex, whether this occurs in a marital
context or outside it. The definition of rape does not change because
of the relationship.
It is important to not confuse the issue of mutual rights that a couple
has on each other with the misguided, distorted and misogynist
assumption that women become a husband's property. Islam does not allow
for or tolerate ownership of human beings. Human dignity does not allow
that any one person has the right to own, mind/body/soul, another human
being... and Islam demands that all human beings respect the humanity of
everyone.
Incest & Child Abuse
The Quran clearly outlines those with whom marriage is not permitted, we
can extrapolate from it that any sexual relation with these would be
unacceptable.
S�rah an Nisa 4:23:
Prohibited for you (in marriage) are your mothers, your daughters, your
sisters, the sisters of your fathers, the sisters of your mothers, the
daughters of your brother, the daughters of your sister, your nursing
mothers, the girls who nursed from the same woman as you, the mothers of
your wives, the daughters of your wives with whom you have consummated
the marriage - if the marriage has not been consummated, you may marry
the daughter. Also prohibited for you are the women who were married to
your genetic sons. Also, you shall not be married to two sisters at the
same time - but do not break up existing marriages. GOD is Forgiver,
Most Merciful.
This includes your foster parents, siblings and children.
Al Hasan reports: �If somebody commits illegal intercourse with his
sister, his punishment is the same as for any other person who commits
such a crime�. (Bukh�ri Vol. 8 pp 526)
Thus, these same laws mentioned above in cases of rape would be equally
applicable, and incest can be prosecuted as a crime within the bounds of
Islamic law.
According to Islam, all aspects of life, ie: the physical, mental,
emotional and spiritual, are sacred and must be respected. No gender or
relationship has been given the power or right to hurt or harm the
other. Domestic violence, rape and incest are all violent and criminal
abuses that are outside the bounds of what is permitted in Islam and
there is absolutely no justification for it whatsoever.
References:
-Ghaz�l�; �Ihya Ulum ud Din�
-Hasan, Riffat; �Religious Human Rights in Global Perspective: Religious
Perspectives� John Witte, Jr. and Johan D. van der Vyver Eds. Martinus
Nijhoff Publishers, 1996
-Maudoodi, Abu al Ala; �Human Rights in Islam� The Islamic Foundation UK
1976, 1993
-Qureshi, Asifa LLM; �Her Honor: An Islamic Critique of the Rape Laws
of Pakistan from a Woman-Sensitive Perspective�
-Rahman, Afzal ur; "Role of Muslim Women in Society" Seerah Foundation,
London, 1986
-Rauf, Muhammad Abdul; �Umar al Faruq� Al Saadawi Publications, 1998
Abridged version of article published in the September issue of 'Isl�mic
Reflections 2002'
http://www.crescentlife.com/articles/islamic%20psych/rape_and_incest_islamic_perspective.htm