Why did Muhammad not castrate the person who castrated his slave?

- Musnad Ahmad bin Hanbal, Hadith 6671 explains a story where Zinba Abi Rawh caught his male slave with a female slave girl, mutilated his nose and castrated him.
- The hadith does not clearly explain the punishment given to the slave owner who committed the offense; it only says that he was freed.
- What is the punishment for doing this to a slave and what did Muhammad do in that case? Why did he not castrate the master?

Dear Brother / Sister,

See Ibn Sad’s book for similar statements on this topic.(1)

The answer to the question may be as follows:

a) It is reported that the slave in question (Sandar) was an unbeliever at that time.(2) Since there is no retaliation between an unbeliever and a believer, the Prophet (pbuh) did not apply it.

b) “The Prophet’s recommendation to all believers” that the slave be freed and live a good life for the rest of his life would be much more beneficial to the slave than the imposition of retaliation on his master. This could be a decision based on positive discrimination in favor of the slave.

Indeed, when Amr b. As, the governor of Egypt, made a harsh statement to this slave, the slave responded harshly:

“It is not appropriate to use such a harsh word despite the Prophet’s advice about me. Are you not a believer?”(3)

c) According to the information given by Abu Dawud, when the Prophet (pbuh) was informed about the issue, he ordered the man who had castrated the slave to be summoned, but he could not be found. Thereupon, the Prophet himself (pbuh) freed the slave and advised him that he (the slave Sandar) would henceforth be under the protection of all the believers.(4)

d) Scholars established the following rule based on the hadith:

“Whoever punishes his slave with an ugly punishment like this, his slavery will end as a punishment for his master, and he will be freed.”(5)

e) The blood and lives of people were sacred in the eyes of the Prophet (pbuh).(6)

One of the basic principles was that he punished the offense with the same punishment. He would punish the poor in the same way as he punished the rich.(7)

As a matter of fact, the Prophet said:

“We kill the one who kills his slave. If a person cuts off the ear or a limb of his slave, we will cut off the same limb of his.”(8)

“If a person castrates his slave, we will castrate him.”(9)

In conclusion, it can be said that the Quran(10), which considers not only human beings but also all creatures flying in the sky and crawling on the earth as equal in terms of being servants to Allah, could not accept such a cruel system as slavery, which had been practiced since ancient times and had reached the Era of Jahiliyya as it was.

Therefore, the Quran first sought to reform this system and then introduced the necessary regulations for its gradual abolition. Within the framework of reforming the slavery system, it ordered them to be treated well in a manner befitting human dignity and emphasized that they were not objects but human beings like free people.

Since they are human beings too, they have the right to bear all the qualities of humanity until the end of their lives, and no one, not even the master, has the authority to castrate them in violation of this right.

Within the framework of this general principle of the Quran, the Prophet (pbuh) never allowed the castration of any human being, whether a slave or a free person, whether it was done voluntarily or forced by others, and strictly prohibited this act.

References:

1) Ibn Sad, at-Tabaqat, 7/350-351/H.no: 4032-4033.
2) see Tabaqat, 1/351.
3) see ibid.
4) see Abu Dawud, 4519.
5) see Awnul-Mabud 12/155.
6) Muslim, Qasama, 29.
7) Darimi, Diyat, 14.
8) Abu Dawud, Jihad, 108.
9) Abu Dawud, Diyat 7.
10) Anam 6/38.

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