Sharh · explanationclick to expand
Islam has prescribed specific rulings to safeguard honor and lineage, especially given that, during times of war, female captives would be taken and distributed among the warriors. Additionally, the buying and selling of slave women (concubines) was a common practice. All such women were lawfully permissible (for intimacy) to their lawful owners. Therefore, Islam legislated the practice of ensuring wombs are free (of pregnancy) when these women were transferred from one man to another.In this Hadith, the Messenger of Allah (peace and blessings of Allah be upon him) said: “Whoever believes in Allah and the Last Day,” meaning: whoever has complete faith, affirming and acknowledging belief in Allah and the Last Day, and adheres to the laws of Islam, “ let him not water his seed to the offspring of another” that is, he should not deposit his seed ( i.e., have intercourse) except in a womb that is reliably known to be free of any legal impediments to intercourse (i.e., pregnant by or married to another man). This directive came in light of the practice at the time, where men would purchase slave women or acquire female captives in war, who would then be distributed among the warriors or rightful claimants. The Prophet (peace and blessings of Allah be upon him) instructed them to ensure the wombs were free(of pregnancy) before engaging in intercourse. He (peace and blessings of Allah be upon him) said in the Hadith regarding the captives of Awtas: “A pregnant woman must not be approached until she gives birth, and a non-pregnant woman until she menstruates once.” He thus prohibited a man from engaging in intercourse with a woman who is pregnant by another man. This is because pregnancy in the womb is like a crop in the soil, and a man’s water (i.e., semen) is what nourishes what lies within the wombs of women.Therefore, every believer must be cautious with his seed and only place it where Allah and His Messenger have permitted, where there is no ambiguity or religious doubt. Some scholars have stated that the fetus may continue to grow nourished by the semen of the second man, and then be born, appearing as though it is a child shared between two men. This may lead to the newborn inheriting from the second man while it is, in fact, the child of another, or the second man taking ownership of the child while he is, in fact, his own son. For this reason, the Prophet (peace and blessings of Allah be upon him) forbade intercourse with pregnant slave women and captives until they have delivered or experienced one menstrual cycle..