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In December 2005 I wrote the essay ‘Muhammad Had Violated the Qur'an’. Since its publication I have received countless hate mails from irate Muslims. Here, I am sharing with the readers one of the latest hate mails.

Tusuka Shani wrote:

This is in reply to your essay about The Prophet Mohammed (SAW) violated the Quran.

With respect to breaking the ruling for sex and foreplay during the fast;

You idiot, now where does the Quran say that foreplay and kissing break the fast, the Quran says that SEX breaks the fast. All the Hadith say he kissed his wives. NONE Say that he had sex with them.

With Respect to breaking the ruling on Dower for marriage;

The Hadith clearly state that he gave her her freedom as a dower. Your right that the Quran doesn't state that freedom can be used as a dower, but the Quran also doesn't state that: £5000, £6000, £7000, a nice two-storey villa, an expensive gold jewellery set, a 300 SQ metre land, a luxury three bedroom flat etc. can be used as dowry, so just because the quran doesn't give an infinite list and you suggesting that all the above mentioned are not valid dowries?

With respect to breaking the ruling on the waiting period for marriage;

The Quran's rulings only apply to MUSLIM women!

Now that these have  been explained, I CHALLENGE you to post this email on your website if you ain't a COWARD!

Here are my pertinent answers:

This is in reply to your essay about The Prophet Mohammed(SAW) violated the Quran.

With respect to breaking the ruling for sex and foreplay during the fast;

You idiot, now where does the Quran say that foreplay and kissing break the fast, the Quran says that SEX breaks the fast. All the Hadith say he kissed his wives. NONE Say that he had sex with them.

So what? Read 2:187 again, especially:

… and eat and drink, until the white thread of dawn appear to you distinct from its black thread; then complete your fast Till the night appears; but do not associate with your wives while ye are in retreat in the mosques. Those are Limits (set by) Allah: Approach not nigh thereto. Thus doth Allah make clear His Signs to men: that they may learn self-restraint.

This verse prohibits sexual intercourse and anything like kissing or embracing that might lead to it during Itikaf. Not only that, Allah warns the fasting Muslims not to indulge in those acts that may lead to sexual intercourse. Kissing and fondling are certainly preludes to sexual intercourse.

This is similar to the verses on wine drinking. Unlike clear prohibition on pork meat, there is no verse that clearly states the prohibition on wine drinking. There is no verse that says Muslims cannot prepare, distribute, sell or trade in alcoholic drinks. All the verses on wine drinking says ‘to avoid’ wine. Even so, other activities related to alcoholic drinks are also banned, because of the fear that these activities may eventually lead Muslims to indulge in consuming alcohol.

That is why no Muslim will involve himself in anything that pertains to alcoholic drinks—not even to touch a glass of wine, whisky, brandy or beer.

Ditto: for kissing and fondling a woman during the fasting period.

Show me a verse that says that kissing and fondling a woman during the fasting hour is exempt.

With Respect to breaking the ruling on Dower for marriage;

The Hadith clearly state that he gave her her freedom as a dower. Your right that the Quran doesn't state that freedom can be used as a dower, but the Quran also doesn't state that: £5000, £6000, £7000, a nice two-storey villa, an expensive gold jewellery set, a 300 SQ metre land, a luxury three bedroom flat etc. can be used as dowry, so just because the quran doesn't give an infinite list and you suggesting that all the above mentioned are not valid dowries?

I am happy, you have answered correctly. That is why I said the Qur'an does not say that freeing a slave may be construed as dowry to her for marriage.

It is your interpretation that has saved my time.

With respect to breaking the ruling on the waiting period for marriage;

The Quran's rulings only apply to MUSLIM women!

Are you kidding? The sirah tells us that Muhammad advised his men to have sex with their captive women after these women had one period—that is, roughly one month, in many cases.

In the case of Safiyya, Muhammad took her to his bed on the very night he captured her. Then, after she converted to Islam, Muhammad married her. He did not wait even for a month. A few hadith, though, say that after marriage Muhammad sent her to some woman’s quarter to finish her ‘waiting period’ or idda.

Now that these have  been explained, I CHALLENGE you to post this email on your website if you ain't a COWARD!

I do not own any website. If you wish you may send this reply to any website.

 


 

This is the reply from Tusuka Shani:

1) You haven't understood Islam. If the Quran doesn't specifically state whether or not not fondling, kissing is exempt during the fast AND only States that SEXUAL INTERCOURSE is forbidden we take the example of the PROPHET. This was the very point of the prophet existing that he is an example. Why do you thing Aisha narrated that the prophet used to kiss her and fondle her while fasting, because that tells us that it is PERMISSIBLE. How can Mohammed contradict the teachings while he IS THE TEACHER! Your argument makes no sense.

2) You haven't refuted my argument on the dowry, your reply makes NO SENSE . Are you admitting that you are wrong?

3) Provide proof of these alleged Hadith. Moreover you haven't refuted my argument. Safiya was a none Muslim so the waiting periods do not apply to her.

Here are my pertinent answers:

Why do you thing Aisha narrated that the prophet used to kiss her and fondle her while fasting, because that tells us that it is PERMISSIBLE.

This is precisely against the Qur'an; that is, Muhammad’s example was against the two last sentences of verse 2:187. You are right to say that Muhammad set the example of violating the Qur'an. Aisha has nothing to do with the Qur'an. Allah did not reveal Qur'an to Aisha. She is not responsible for Muhammad’s acts. She merely stated what Muhammad did to her during the fasting hours.

How can Mohammed contradict the teachings while he IS THE TEACHER! Your argument makes no sense.

If Muhammad IS THE TEACHER then Allah must be his student! Does Allah observe fast? Does Allah kiss young women during fasting hours?

2) You haven't refuted my argument on the dowry, your reply makes NO SENSE . Are you admitting that you are wrong?

What I mean is: if you are correct then I am also correct—and if you are wrong then I am also wrong. This is because; the verse on mahr is unclear about using a captive woman’s manumission as her mahr to marry her. Except for Muhammad, I haven’t found any such example elsewhere. If Allah had approved such a provision we would have seen many such examples.

3) Provide proof of these alleged Hadith. Moreover you haven't refuted my argument. Safiya was a none Muslim so the waiting periods do not apply to her.

All right, here are a few ahadith for your perusal.

Safiyya accepted Islam in the presence of Muhammad:

Extracts from The Life of Muhammad  Al-Waqidi’s Kitab al-Maghazi, Translated into English by Rizwi Faizer, Amal Ismail and Abdulkader Tayeb with an introduction  by Rizwi Faizer and Andrew Rippin. Published by Rutledge; 2 Park Square, Milton Park Abigdon, OX14 4RN (2011)

p. 348

Anas said: We turned with the Messenger of God from Khaybar and he desired to go to Wadi al-Qura. Some people wanted to ask the Messenger of God about Safiyya when he passed with her and threw his cloak upon her. Then he proposed Islam to her and said, “If you will be in your religion, we will not compel you: but if you chose God and His Messenger I will take you for myself.” She replied, “Rather I will choose God and His Messenger.” He manumitted her and he married her, and her freedom was her marriage price—mahr.

Also [the same page]:

When they were in al-Sahba’ he said to Umm Sulaym: Watch over the companion of yours and comb her! He desired to marry her there. So Umm Sulaym rose. Anas said: We had neither tents nor canopies. So she took two garments [Page 708] two woollen wraps and hid them with those at a tree. She combed Safiyya and perfumed her and the Messenger of God married here there.

And here is more (p. 349): [This happened after Muhammad returned with Safiyya.to Medina from Khaybar]

Aisha went out disguised until she entered upon Safiyya and with her were women from the Ansar. She looked at her, and Aisha was veiled, but the Messenger of God knew her. When she went out the Messenger of God returned to her. He said, “O Aisha, how did you like Safiyya?” She said, “I did not see her long. I saw a Jewish woman, among Jewish women—she meant her aunts and paternal and maternal. But I was informed you loved her and this is better for her than if she were beautiful.” He said, “O Aisha, do not say this for surely I proposed Islam to her and she was swift to convert. Her Islam is good.”

Waiting period to have sex with a captive slave woman

A Muslim may have sexual intercourse with a captive woman after she is clear of her period and/or delivery. If she has a husband then her marriage is annulled immediately after she becomes a captive (Ref. 4:24)…Sahih Muslim 8.3432

Sahih Muslim, Book 008, Number 3432:

Abu Sa'id al-Khudri (Allah her pleased with him) reported that at the Battle of Hanain Allah's Messenger (may peace be upon him) 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 (may peace te upon him) 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 (iv. 24)" (i. e. they were lawful for them when their 'Idda period came to an end).

Waiting periods for pregnant captives is till she delivers; waiting time for other captive (those who are not pregnant) women—one menstruation period…Sunaan Abu Dawud 2.11.2152

Extracted from the print edition of Sunaan Abu Dawud tr. Professor Ahmad Hasan, Kitab Bhavan New Delhi-110002 (reprint 2003)

Volume II, page 578, hadis 2152:

Abu Sa’id al-Khudri traced to the Prophet (may peace be upon him) the following statement regarding the captives taken at Awtas: There must be no intercourse with a pregnant woman till she gives birth to her child, or with one who is not pregnant till she has one menstrual period.

In a footnote (number 1481) professor Ahmad Hasan writes:

The tradition clearly indicates that the master of a slave woman should wait till one menstrual period or till the birth of child.

The waiting period of divorced slave woman is two period courses...Sunaan Abu Dawud 12.2184

Book 12, Number 2184:

Narrated Aisha, Ummul Mu'minin:

The Prophet (peace_be_upon_him) said: The divorce of a slave-woman consists in saying it twice and her waiting period is two menstrual courses (qur') AbuAsim said: A similar tradition has been narrated to me by Muzahir and al-Qasim on the authority of Aisha from the Prophet (peace_be_upon_him), except that he said: And her waiting period ('iddah) is two courses.

You may say that this provision did not apply to Safiyya. While this may be true, Safiyya was a captive sex-slave. So her waiting period, as per hadis number 2152, should be one period or about a month.

Do not marry slave-girls of the people of the Book…Malik’s Muwatta 28.16.38a

Malik’s Muwatta, Book 28, Number 28.16.38a:

Malik said, "It is not halal to marry a Christian or Jewish slave-girl because Allah the Blessed, the Exalted, said in His Book, 'Believing women who are muhsanat and women of those who were given the Book before you who are muhsanat', (sura 5 ayat 6) and they are free women from the Christians and Jews. Allah, the Blessed, the Exalted, said in His Book, 'If you are not affluent enough to marry believing women who are muhsanat, take believing slave-girls whom your right hands own.' " (Sura 4 ayat 24)

Malik said, "In our opinion, Allah made marriage to believing slave-girls halal, and He did not make halal marriage to Christian and Jewish slave-girls from the People of the Book."

Malik said, "The Christian and Jewish slave-girl are halal for their master by right of possession, but intercourse with a magian slave-girl is not halal by the right of possession."

This hadis is clear enough: it tells us that Muhammad could not marry a Jewsih Safiyya until she had converted to Islam.

And here is another hadis from Jami’At Tirmidhi

On the day of Awtas some Muslim soldiers disliked to have sex with the captive women in the presence of their husbands. So Allah revealed: ‘And women already married, except those whom your right hands possess (4:24)’…[Jami’ At‑Tirmidhi  5.3016, English translation by Abu Khaliyl, Final review by Islamic Research Section Darussalam, Darussalam, P.O. Box 22743, Riyadh 11416, Saudi Arabia, First Ed. November 2007]

Jami’ At Tirmidhi, Volume V, hadis 3016:

Abu Sa’eed Al-Khudri said: On the Day of Awtas, we captured some women who had husbands among the idolaters. So some of the men disliked that, so Allah, Most High, revealed: And women already married, except those whom your right hands possess…[footnote] (Sahih)

[Abu ‘Eisa said:] This Hadith is Hasan

In the footnote the editor of the English version of Jami’ At Tirmidhi writes:

(Comments: For a solution and as a permanent principle regarding war captives, particularly those who are given a female captive as their share from the spoils of war, even though her non‑believer and polytheist husband is alive; the recipient was allowed to have sexual intercourse with her after finding out the condition of her womb. The term ‘finding out the clear condition of the womb’ means to wait for her to have one menstrual cycle. If she menstruates then sexual intercourse with her will be allowed after her menses; and if she is pregnant, then the delivery of the pregnancy will be awaited. P.5.331).

Finally, here is a hadis that tells us that Muhammad bought Safiyya as a sex slave from Dhiya al-Kalibi. So, all the rules on having sex with a sex-slave were applicable to Muhammad.

Muhammad was a slave trader; he bought Safiyya from Dhiya al-Kalbi for seven slaves…Ibn Majah 3.2272

This hadis has been extracted from the English translation of Sunaan Ibn Majah by Muhammad Tufail Ansari. Publisher: Kitab Bhavan, 1784 Kalan Mahal, Daraya Ganj, New Delhi-110002, India.1994. ISBN: 81-7151-193-7

Sunaan Ibn Majah, Volume 3, hadis 2272:

Anas (Allah be pleased with him) is reported to have said that the Holy Prophet (peace and blessings of Allah be upon him) purchased Safiya, (the wife of the Prophet), for seven slaves.

‘Abdur Rahman said: (He purchased her) from Dihya al-Kalbi.

According to al-Zawaid, its isnad is sahih and its authorities are reliable.

With all the above proofs from the founts of Islam I have demonstrated that Safiyya did convert to Islam. Before she became a Muslim she was a captive sex-slave to Muhammad, and as such, the waiting period to have sex with her was one period or roughly a month. After her conversion to Islam, as per Islamic rule, her waiting period should have been three menstrual cycles. But Muhammad had wilfully violated these provisions.

If you have no objection, I intend to publish our discussion in a few websites, after some minor editing.

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Note: It has been almost a month I did not receive any response from Tusuka Shani.