The Limits of a Woman's 'Awrah Before Her Male Slave in Islam

The verse 24:31 of Quran grants an exemption to women regarding covering their adornments in the presence of their male slaves.

"And tell the believing women to lower their glances and guard their private parts and not expose their beauty (zeenah) except only that which is apparent and to wrap [a portion of] their headcovers over their chests and not expose their beauty 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 possess [i.e. male and female slaves], or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women. And they should not strike their feet, drawing attention to their hidden charms. And turn to Allāh in repentance, all of you, O Believers, that you might succeed." [Sura an-Nur 24:31]

 

This is also validated by Sunnah :

وبما روي عَنْ أَنَسٍ أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَتَى فَاطِمَةَ بِعَبْدٍ كَانَ قَدْ وَهَبَهُ لَهَا ، قَالَ : وَعَلَى فَاطِمَةَ رَضِيَ اللَّهُ عَنْهَا ثَوْبٌ إِذَا قَنَّعَتْ بِهِ رَأْسَهَا لَمْ يَبْلُغْ رِجْلَيْهَا ، وَإِذَا غَطَّتْ بِهِ رِجْلَيْهَا لَمْ يَبْلُغْ رَأْسَهَا ، فَلَمَّا رَأَى النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَا تَلْقَى قَالَ : ( إِنَّهُ لَيْسَ عَلَيْكِ بَأْسٌ إِنَّمَا هُوَ أَبُوكِ وَغُلَامُكِ ) .

The Prophet (peace be upon him) brought went to the house of Fatimah along with a male slave which he had gifted to her. She was at that time wearing a piece of cloth which would leave the legs exposed if she tried to cover the head, and the head exposed if she tried to cover the legs. The Prophet (peace be upon him) saw her struggle and said: There is no problem, here is only your father and your slave! .

Ibn Hajar stated in Al-Minhaj that a male slave looking at his mistress is like looking at a Mahram and he can look at her body except for what is between the navel and the knee.

The Arabic word used in the verse 24:31 for "that which their right hands possess" is "مَا مَلَكَتْ أَيْمَانُهُنَّ" (ma malakat aymanuhunna). This phrase literally translates to "what their right hands possess." In the context of the Quran and classical Arabic, this phrase was commonly used to denote slaves, both male and female. However, in this specific verse, the context and subsequent clauses suggest a focus on male slaves.

The rationale behind these allowances stems from the practical realities of the master-slave dynamic. Male slaves often resided within the household, performing various duties that required close interaction with female members of the family. Strict adherence to the standard 'awrah rules, which mandate covering the entire body except for the face and hands in the presence of non-Mahram men, would have presented significant logistical challenges and hindered the efficient functioning of the household.

The male slave is granted certain permissions regarding what he can see of his female owner's body, permissions that share similarities with those granted to Mahrams (close male relatives such as fathers, brothers, and sons, with whom marriage is permanently forbidden). This comparison to Mahram relationships stems from the understanding that the close and often unavoidable interaction between a female owner and her male slave creates a situation akin to a close familial setting.

Consequently, the male slave is permitted to see those parts of his female owner's body that are customarily visible within the domestic sphere. This encompasses areas typically exposed within the family setting, reflecting the accepted norms of modesty within the household. This generally includes the hair, face, neck, upper chest, hands, calves, and feet. These areas are considered customarily visible within the family context and thus permissible for the male slave to see.

Furthermore, in situations of genuine necessity or practical need arising from his service, the permissibility extends to other parts of her body. This could include areas such as her breasts, back, stomach, and thighs if the nature of his duties requires him to see them. This allowance is not a blanket permission for unrestricted viewing but rather a concession granted due to the exigencies of his service. For instance, if he is assisting her with dressing or providing medical care, some exposure beyond the typically visible areas may become unavoidable. Such instances are governed by the principle of necessity

It is crucial to understand that these allowances are specific to the master-slave relationship as it existed historically. With the abolition of slavery in most parts of the world, this discussion primarily serves as a historical and legal analysis within Islamic jurisprudence. It is not applicable to contemporary employer-employee relationships, where standard 'awrah rules apply.

To illustrate this within a specific historical context, let us consider the example of Bedouin families living in desert environments. Bedouin society, with its nomadic lifestyle and close-knit family structures, often included enslaved individuals who played integral roles in daily life. Imagine a Bedouin family residing in traditional tents. Within the confines of these tents, the social dynamics and practical necessities of desert life created a unique environment regarding interactions and permissible views.

Bedouin women, within the privacy of their tents, did not observe the same level of hijab (veiling) as they would in public. This was due to the practicalities of their living situation and the constant presence of close family members. Male slaves, as integral members of the household, were also privy to this more relaxed atmosphere.

Daily chores within the Bedouin tent and its surrounding area often involved both the female members of the family and the male slaves working together. These tasks could include:

• Fetching water: Carrying heavy water skins from distant wells would require physical exertion, potentially causing clothing to shift and revealing parts of the arms, legs, and even the upper chest. A male slave assisting with this task would inevitably witness these instances.
• Preparing food: Grinding grain, tending to the fire, and cooking meals were communal activities often performed within or near the tent. The physical movements involved in these tasks could lead to the temporary exposure of forearms, calves, and other body parts.
• Tending to livestock: Caring for camels, goats, and sheep was a crucial aspect of Bedouin life. This involved herding, milking, and cleaning, tasks that could require bending, stretching, and other movements that might reveal parts of the body. A male slave assisting with these tasks would be present during these activities.
• Cleaning and maintaining the tent: Erecting, dismantling, and cleaning the tent required teamwork. These physically demanding tasks could lead to similar instances of unintentional exposure.

In these scenarios, the male slave, by virtue of his close proximity and participation in these shared tasks, would inevitably glimpse parts of the women's bodies that would typically be covered in public. This was not considered a breach of propriety within the context of their living situation and the quasi-familial relationship between the slave and the family.

This permission for seclusion had practical implications for various aspects of life, including travel and pilgrimage. A woman was permitted to travel alone with her male slave to another place or for pilgrimage purposes. This was a significant concession, as women generally required a male guardian (Mahram) for travel. The presence of a trusted male slave was considered sufficient to fulfill this requirement in certain situations.

For instance, a woman undertaking the Hajj pilgrimage, a journey that could take weeks or even months in pre-modern times, could travel with only her male slave as her companion and protector. This allowed women to fulfill their religious obligations without undue hardship or reliance on distant male relatives.

Furthermore, during travel, a woman and her male slave could stay in the same room of a serai (caravanserai or inn). These public accommodations were often crowded, and separate rooms for every individual or small group were not always available. The permission for seclusion allowed a woman and her male slave to share a room for practical reasons, ensuring their safety and comfort during their journey.

 Beyond the permissible view of the body, another significant aspect of the relationship between a female owner and her male slave was the permissibility of seclusion ( khalwa). In Islamic jurisprudence, khalwa refers to the seclusion of a man and a woman who are not Mahrams in a private space, which is generally prohibited due to the potential for impropriety. However, an exception was made in the case of a female owner and her male slave.

A woman was permitted to be in seclusion with her male slave. This had significant implications for various aspects of life, particularly travel. A woman could travel alone with her male slave to another place, whether for pilgrimage (Hajj or Umrah), visiting family, or other purposes. This provided her with both safety and companionship during her journey.

During travel, this permissibility of khalwa extended to shared accommodations. For instance, a woman and her male slave could stay in the same room of a serai (caravanserai or inn) during their travels. This arrangement provided practical solutions for travelers in an era when separate accommodations for women traveling alone were not always readily available.

This permissibility of seclusion and shared accommodations underscores the quasi-familial nature of the relationship between a female owner and her male slave. It reflects the trust and reliance that existed within this specific social context.