Race and Slavery in the Middle East: An Historical Enquiry (38 page)

... A slave girl of Abu'l-Darda' said to him: "For a year I have been poisoning
you, but nothing happens to you." He said: "Why do you do this'?" She said: "I want to
be rid of you." He said: "Go, you are free for the sake of God."

AI-Zuhri said: "If you say to a slave: 'May God punish you,' then he is free."
Someone said to al-Ahnaf ibn Qays: "From whom did you learn magnanimity?" He
said: "From Qays ibn 'Asim." It was said: "How far did his magnanimity reach?" He
replied: "Once when he was sitting in his house a slavewoman came with a roast on a
spit. The spit fell from her hand on his son, who was wounded and died. The slave girl
was horrified, and he said: 'Nothing will calm this slave girl but manumission.' He
therefore said to her: 'You are free, don't be afraid.' "

`Awn ibn `Abdallah used to say, when his slave disobeyed him: "You are like your
master. Your master disobeys his master, and you disobey your master." One day he
made him angry, and he said: "What you want is to make me beat you. Go, you are
free."

Maymun ibn Mihran had a guest with him, and he told his slave girl to make haste
in bringing dinner. She came hurrying. with a full dish; but she stumbled and emptied
in on the head of her master Maymun. He said: "Slave girl! You have scalded me." She
said: "You who teach what is good and punish people, return to what God said." "And
what did God say?" he asked. She replied: "He said 'Those who hold hack their
anger.' " He said: "I have held hack my anger." She said: "And those who forgive
others." He said: "I have forgiven you." She said: "And more, for God also said: 'God
loves those who do good' " (all from Qur'an XXX:128). He said: "You are free for the
sake of God."

Ibn al-Munkadir said: "A man who was one of the Companions of the Prophet of
God struck a slave of his, and the slave began to cry out: 'I ask you for the sake of
God, I ask you for the sake of God'; but he did not pardon him. The Prophet heard the
cry of the slave and went to him; and when the man saw the Prophet of God, he
withheld his hand. And the Prophet of God said: 'He asked you for the sake of God
and you did not forgive him, but when you saw me you withheld your hand.' And the
man said: 'He is free for the sake of God, 0 Prophet of God.' And the Prophet of God
said: 'Had you not done this, hellfire would have scorched your face.' "

The Prophet of God also said: "The slave who is loyal to his master and faithful in
the service of God will have a double reward." When Abu Raft' was manumitted, he
wept and said: "I used to have two rewards, and now one of them has gone."

The Prophet of God said: "I was shown the first three to enter Paradise, and the
first three to enter Hell. The first three in Paradise were the martyr [who falls in the
holy war], the owned slave who is faithful in his service to God and loyal to his master,
and the chaste and moral man with children. The first three to enter Hell are an
oppressive ruler, a rich man who does not give God's share, and a pauper braggart."

It is related on the authority of Abu Masud al-Ansan, who said: "I was beating
one of my slaves when I heard a voice behind me saying: `Know this, 0 AN Mas`ud!'
The voice said this twice. I turned around, and there was the Prophet of God. I threw
the whip from my hand, and he said: `By God, God has more power over you than you
have over this man.' "

The Prophet of God said: "If one of you buys a slave, the first food he gives him
should be something sweet, for this will be the most soothing for him." This was
related by Ma`adh.

Abu Hurayra said that the Prophet of God said: "If one of you has his slave bring
him food, he should seat him and let him eat with him, and if he does not do this, he
should at least give him a mouthful." .. .

A man came to see Salman, who was kneading dough; and the man said to him: "O
Abu `Abdallah, what is this?" And Salman replied: "I sent my servant on some task,
and I did not wish to double his work."

The Prophet of God said: "If anyone has a slave girl and he respects her chastity
and treats her well and then manumits her and marries her, then he has two rewards."
He also said: "Every one of you is a shepherd and every one of you is responsible for
his flock."

In sum, the right of the slave is that his master should share his food and clothing
with him, not give him tasks beyond his strength, not look upon him with the eye of
arrogance and disdain, forgive him for his trespasses, and when he is angry with him
for some lapse or offense, think of his own sins and offenses against Almighty God and
his shortcomings in obedience to God, and remember that God's power is greater over
him than his power over his slave.

3.
A Legal Ruling (Fifteenth Century)

I have been asked about slaves who come from the land of Abyssinia and who
profess monotheism and accept the rules of holy law; is it lawful or not to sell and buy
them? If they are converted to Islam while subject to the ownership of their masters,
have the masters the right to sell them or not? And if the Surma allows the sale of
slaves, how is it that the profession of the monotheistic creed, which saves [an infidel
prisoner] from death and from punishment in the other world, does not save from the
humiliation and the suffering of slavery? Indeed, ownership is an enslavement and
diminution of the individual ennobled by the faith. And what is the meaning of the
saying of the doctors of the holy law: "Slavery is unbelief [kufr]"? Does this apply after
one has become a believer?

I reply: If it is proved that a slave was originally an unbeliever of one kind or
another-unless he is of Quraysh-and if on the other hand it is not proved that he
adopted Islam when he was in his own country and a free agent, then once his captors
have laid hands on him after conquest and victory, it is lawful for them to sell or buy
him, without hindrance. The profession of the monotheistic creed by these slaves does
not prevent the continuance of their status as slaves, since slavery is a humiliation and
a servitude caused by previous or current unbelief and having as its purpose to discourage unbelief. That is why the slave is deemed "absent" for himself but "present" for his
master. When he is liberated, he acquires legal identity and becomes master of his own
person. He is then able to own property, to be a judge or witness, or to hold public
office.

As to those who profess monotheism and observe the rules of holy law among the
slaves arriving from Abyssinia and from other countries of unbelievers and of the
House of War, their profession of monotheism does not hinder their sale and their
purchase on the basis of their original unbelief and uncertainty, whether their conversion to Islam is previous or subsequent to the establishment of a right of ownership by
their master. The doubt is about the hindrance, and doubt about hindrance is of no
effect.

Certainly, if it is known that a whole section or community of the inhabitants of a
region have adopted Islam or been conquered by Islam, in such a case the way to avoid
error would be to prohibit the possession of these slaves.

But if conversion to Islam is subsequent to the establishment of a right of ownership [over the slaves], then Islam does not require freedom, because slavery has been
caused by unbelief. This state of servitude continues after the cessation of the unbelief,
because of its past existence and in order to discourage unbelief.

4.
Correspondence Concerning Slavery between Consul General
Drummond Hay and the Sultan of Morocco (1842)

Consul General Drummond Hay

Slave Trade No. 2

Four Inclosures

Received Mar 30

By Sea via Gibraltar

Correspondence with the Moorish Government regarding the traffick in Slaves.

Tangier 12th March 1842

My Lord [Earl of Aberdeen],

Having made application to the Sultan of Marocco, in pursuance of the directions
in your Lordship's Circular of the 27th last December, marked Slave Trade No. 4, as
mentioned in my Despatch of the 29th January, marked Slave Trade No. 1,-I received
an Answer from the Potentate, of which-and my own letter to which it replies-I do
myself the honor of presenting herewith the English Versions. llnclosure 1.]

The Sultan's Answer being far from satisfactory, and His Majesty having distinctly
asked for information on the subject of my communication,-whereon, as regarding
other nations than his own, he appeared entirely ignorant,-I considered the occasion
convenient for transmitting to this Potentate, (so soon as the sickness of our Interpreter permitted him to prepare the Arabic translation) a second Letter and this in
considerable detail: that Translation was completed and despatched yesterday to the
Sultan, who is now at Meknas,-and thereof also I beg leave to present herewith my
English original. [Inclosure 2.]

If much time had not elapsed since receipt of your Lordship's instructions, I would
yet wait the Moorish Sultan's reply to my second Letter; but, as that may not arrive till
after the departure of several mails, I am unwilling to lay any longer under the possible
imputation of not having used my best efforts to forward the views of your Lordship,by endeavouring to obtain, as promptly as possible, the desired information regarding
the Slave Trade in this country.

Having addressed myself on the subject to Her Majesty's Vice Consuls at the
outposts of Marocco, I have not collected from their replies a single fact worthy
relation: the little that I have myself been able to obtain, through another channel, of
matter illustrative in some degree of Laws and Regulations respecting Slavery and the
Slave Trade in this country, is presented herewith to your Lordship in the original
Arabic, with accurate Translations, (Inclosures Nos. 3 and 4).

The mere circumstance of the Thaleb, from whom I obtained the documents in the
Inclosure No. 3, having assured me, that his head would be endangered, if I made
known to any one in this country that I had gotten from him such documents,-will
show (though I believe he greatly exaggerated his pretended fear) how difficult it is to
obtain authentic information in Marocco, on any subject. wherein an inquirer may be
suspected of trenching on the religious prejudices of its most bigoted people.

It will be agreeable for your Lordship to know, that the Slaves in this country are not numerous and, according to all my own observation and every report, are kindly
treated by their masters, who-at their decease-frequently emancipate their Slaves.

During nearly thirteen years of residence in Marocco, I do not remember a single
instance of Slaves having been exported from this country; and the last case of the
kind, of which I have information, occurred about twenty four years ago,-when five
hundred Black men were purchased by the late Algerine Consul Hadj Abd-al-crim
Ben-Thaleb for the Dey of Algiers. to which place they were sent by sea and were
formed-as I am told-into a Body-guard of the Dey.

I have the honor to be,

with the highest respect,

My Lord,

Your Lordship's most obedient

very humble Servant

E. W. A. Drummond Hay

Letters to and from the Sultan of Marocco

[Inclosure No. 1, in Despatch marked Slave Trade No. 2 of 12th Mar. 1842 from Cons.
Gen. Drummond Hay to the Earl of Aberdeen, etc.]

To His Imperial Majesty Mulai Abd Errachman Ben Heesham,' Sultan of
Marocco, etc. Her Britannic Majesty's Agent and Consul General Drummond Haywith profound respect.

In consequence of instructions from the principal Secretary of State for Foreign
Affairs of the Queen my Gracious Sovereign, I do myself the high honor of requesting
Your Imperial Majesty to be pleased to cause me to be informed, if any Laws or any
administrative Acts have emanated from your Majesty or your Majesty's Royal Predecessors, or from any Governors of Districts or from any Municipal Officers under the
Imperial authority,-for the purpose of regulating, restraining or preventing the traffic
in Slaves; and, if there have been any such Acts or Laws promulgated, I am to beg of
Your Majesty to be pleased to direct that, I be furnished with authenticated copies of
all such documents, whether they may have been of a temporary or of a permanent
character.

I would add, in exemplification of this application to your Imperial Majesty that it
is desirable that your Majesty may be pleased to cause me to be instructed, if there be
any Law or Regulation in any part of Your Majesty's Dominions, whereby the traffic in
Slaves-if not wholly prohibited-is in any degree moderated or kept within certain
bounds; as for example, if there be prohibition against any merchant purchasing man,
woman or child of any colour whatsoever, for exportation as Slaves, and if they can or
cannot be legally exported from out Your Majesty's dominions by land or Sea.

Dated at Tangier the 22nd of January in the year of Jesus Christ the Messiah 1842

(signed) E. W. A. Drummond Hay

Translation of the Sultan's Answer to the foregoing letter.

N. B. Although this letter, (which appears a production of great haste) is addressed on
the face of it to "The Consul of the French, " it was on the Envelope addressed to "The
Consul of the English"

In the name of the Most Merciful God!
There is no power or strength but in God the High and Almighty

To the Employed who manifests in our Sheriffian Service attention and Solicitude,
Drummond Hay Consul of the French [sic] Nation residing in Tangier.

which premised:

We have received the Letter you have addressed to our presence exalted of God,
wherein you state that the Minister for Foreign Affairs of the Queen of your Nation
has called upon you to make inquiry regarding the Trade in Slaves, if it be lawful by
our beloved Law or no.

Be it known to you, that the Traffic in Slaves is a matter on which all Sects and
Nations have agreed from the time of the sons of Adam, on whom he the Peace of
God, up to this day-and we are not aware of its being prohibited by the Laws of any
Sect, and no one need ask this question, the same being manifest to both high and low
and requires no more demonstration than the light of day: But if there he any peculiar
event which has occurred, inform us about it particularly, in order that the answer may
be apposite to the question.