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Concubinage is the state of a woman or man in an ongoing, usually matrimonially oriented, relationship with somebody to whom they cannot be married, often because of a difference in social status or economic condition.
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A concubine is generally a woman in an ongoing, marriage-like relationship with a man whom she cannot marry for a specific reason. It may be because she is of lower social rank than the man (including slave status) or because the man is already married. Generally, only men of high economic and social status have concubines. Many historical rulers maintained concubines as well as wives.
Historically, concubinage was frequently voluntary (by the woman and/or her family's arrangement), as it provided a measure of economic security for the woman involved.
Under Roman law, Roman culture under the Empire came to tolerate concubinage so long as the relation was durable and exclusive; for the jurists, concubinage was an honourable de facto situation.[1]
When having no legal status but being recognized, or defined in law, as in ancient China, concubinage was akin, although inferior, to marriage. The children of a concubine were recognized as legal offspring of the father; their inheritance rights may have been inferior to younger children of a marriage, or they may have received a smaller inheritance. Men frequently used concubines to bear heirs when he and his wife were unable to produce sons.
In distinction to such systems, modern Western laws do not acknowledge the legal status of concubines, and recognize only monogamous marriages. Any other relationship does not enjoy legal protection, making the woman essentially a mistress.
In Ancient Greece, the practice of keeping a slave concubine (Greek "pallakis") was little recorded but appears throughout Athenian history.[2] A Draconian law prescribed that a man could kill another man caught with his concubine for the production of free children (thereby implying that concubines' children were not granted citizenship).[2] While references to the sexual exploitation of maidservants appear in literature, it was considered disgraceful for a man to keep such women under the same roof as his wife.[3] Some interpretations of hetaera have held they were concubines when one had a permanent relationship with a single man.[4]
Concubinage was an institution practiced in ancient Rome that allowed a man to enter into an informal but recognized relationship with a woman (concubina, plural concubinae) not his wife, most often a woman whose lower social status was an obstacle to marriage. Concubinage was "tolerated to the degree that it did not threaten the religious and legal integrity of the family".[5] It was not considered derogatory to be called a concubina, as the title was often inscribed on tombstones.[6]
A concubinus was a young male slave chosen by his master as a sexual partner. Romans did not mark same-sex relations as "homosexual" if an adult male used a slave or prostitute, characteristically a youth, as his passive partner (see Homosexuality in ancient Rome); these relations, however, were expected to play a secondary role to marriage, within which institution an adult male demonstrated his masculine authority as head of household (paterfamilias). In one of his wedding poems, Catullus (fl. mid-1st century BC) assumes that the young bridegroom has a concubinus who considers himself elevated above the other slaves, but who will be set aside as his master turns his attention to marriage and family life.[7]
Among the Israelites, men commonly acknowledged their concubines, and such women enjoyed the same rights in the house as legitimate wives.[8] The principal difference in the Bible between a wife and a concubine is that wives had dowries, while concubines did not.
The concubine may have commanded the same respect and inviolability as the wife. The Hebrew word used in the Levitical rules on sexual relations, which is commonly translated as "wife", is distinct from the Hebrew word that means "concubine". (However, on at least one other occasion it is used to refer a woman who is not a wife - specifically, the handmaid of Jacob's wife.[9]) In the Levitical code, sexual intercourse between a man and a wife of a different man was forbidden and punishable by death for both persons involved.[10][11] The Bible notes several incidents of intercourse between a man and another man's concubine, and none of them result in capital punishment for either party,[12][13][14] although the man to whom the concubine belonged was dishonored by such a relationship.[8] For instance, David is portrayed as having been dishonoured when his concubines had a sexual relationship with his son Absalom.[15] However, this instance is as likely dishonoring to David because it involves a form of incest.[16]
Since it was regarded as the highest blessing to have many children, legitimate wives often gave their maids to their husbands to atone, at least in part, if they were barren, as in the cases of Sarah and Hagar, Rachel and Bilhah.[8] The children of the concubine had equal rights with those of the legitimate wife;[8] for example, King Abimelech was the son of Gideon and his concubine.[17] Later[8] biblical figures such as Gideon, David, and Solomon had concubines in addition to many childbearing wives. For example, the Books of Kings says that Solomon had 700 wives and 300 concubines.[18]
In Judaism, concubines are referred to by the Hebrew term pilegesh. The term is a non-Hebrew, non-Semitic loanword deriving from the Greek word pallakis, Greek παλλακίς,[19][20][21] meaning a mistress staying in house. Or the Aramaic phrase palga isha, meaning half-wife.
According to the Babylonian Talmud,[22] the difference between a concubine and a full wife was that the latter received a marriage contract (Hebrew:ketubah) and her marriage (nissu'in) was preceded by a formal betrothal (erusin), neither being the case for a concubine. But, one opinion in the Jerusalem Talmud argues that the concubine should also receive a marriage contract, but without including a clause specifying a divorce settlement.[8]
Certain Jewish thinkers, such as Maimonides, believed that concubines are strictly reserved for kings, and thus that a commoner may not have a concubine; indeed, such thinkers argued that commoners may not engage in any type of sexual relations outside of a marriage. Before Maimonides concluded this, Sunni Muslims officially prohibited mutah (i.e. temporary marriage) relationships; some commentators' suggest that Maimonides changed his view in response to this development, similar to Gershom ben Judah's ban on polygamy being made after Christians had prohibited it.
Maimonides was not the first Jewish thinker to criticise concubinage; for example, it is severely condemned in Leviticus Rabbah.[23] Other Jewish thinkers, such as Nahmanides, Samuel ben Uri Shraga Phoebus, and Jacob Emden, strongly object to the idea that concubines should be forbidden.
In the Hebrew of the contemporary State of Israel, the word pilegesh is often used as the equivalent of the English word mistress - i.e. the female partner in extramarital relations, even when these relations have no legal recognition. There are attempts to popularise pilegesh as a form of premarital, non-marital and extramarital relationships which (in their view) would be permitted by Jewish religious law.[24][25][26]
In Ancient China, successful men often supported several concubines – Chinese Emperors kept thousands.[27] A concubine's treatment and situation was highly variable according to the social status of the male with whom she was engaged, as well as the attitude of the wife; the position of the concubine was generally inferior to that of the wife. Though a concubine could produce heirs, her children would be inferior in status to legitimate children. Concubines were allegedly, on occasion, buried alive with their masters to "keep them company in the afterlife."[27]
Despite the limitations imposed on ancient Chinese concubines, history and literature have examples of concubines achieving great power and influence. For example, in one of the Four Great Classical Novels of China, The Dream of the Red Chamber (believed to be a semi-autobiographical account of author Cao Xueqin's own family life), three generations of the Jia family are supported by one favorite concubine of the Emperor.
Imperial concubines, kept by Emperors in the Forbidden City, were traditionally guarded by eunuchs to ensure that they could not be impregnated by anyone but the Emperor.[27] Lady Yehenara, otherwise known as Dowager Empress Cixi, was arguably one of the most successful concubines in China’s history. Cixi first entered the court as a concubine to the Xianfeng Emperor and gave birth to an illegitimate male heir, who would become the Tongzhi Emperor. The Emperor passed over many legitimate male heirs and named Cixi's son the Crown Prince. She would eventually become the de facto ruler of the Manchu Qing Dynasty in China for 47 years after her son's death.[28]
In Siam (today Thailand), men were permitted to have multiple wives, whom they could sell, as well as their children. The principal wife could only be divorced. If her husband died, she inherited the property rights to the secondary wives.[29]
In its true spirit, Islam is a religion that is pro human nature (Deen-e-Fitrat).[30] By default human nature seeks independence instead of slavery, therefore Islam considers every human independent and free by birth. Traditionally, Islam has taken a "work within the system" approach to problems of social justice, preferring to gain and keep adherents who will thus curb their worst abuses and may grow to realize the iniquity of inequity rather than demand immediate revolution and the concomitant upheaval. For this reason, Islam considered concubinage acceptable under certain guidelines, setting out rights owed to the women in question and their children.
In other words, Islam discards the curel philosophy of considering a human slave by birth. The cruel creed in the ancient societies was not ready to accept the independence oriented philosophy of Islam then. Islam thus faced the challenge of maintaining a balance between the rigid social customs and pro-independence human nature. As then the concept of empoyment was not acceptable to authorities and cultures, Islam thus permited slavery and concubines both in Quran and Sunnah provided rights of slaves and concubines were given as stipulated by Islam. That it how Islam protected slaves, concubines and children produced from concubines by reserving their rights in the past. Indeed it was an extremely difficult change to implement. Islam endorsed that children from concubines must be given fatherhood, living and education expenses till they become independent and inheritance as children produced after Nikkah were given. Islam thus defined and implemented humanitarian based rights and laws in favor of slaves and concubines to eliminate their misuse that was the actual curse in the ancient times. Means Islam accepted slavery and concubinage considering it a social need. But to curb the misuse and snatching of the human rights of slaves and concubines was declared the actual curse which Islam fixed through its evolutionary approach instead of revolution.
Islam primary sources, the Quran and the Sunnah, declare concubinage permitted (Halal) under strict conditions and rules. Chapter 4 (Sura-e-Nisa), verse 3 of the Quran[31] states that a man may only be married to two or three or four women simultaneously should he be able to treat them all fairly and equally; otherwise he should confine himself to a single wife or woman 'in his ownership' (i.e. a handmaiden or concubine). Islam preserved rights for concubines such as ensuring their treatment within the household and promising routine living expenses for the concubine and children she bore. A Muslim man who could ensure financial justice among multiple spouses in his household was thus allowed to support as many concubines as he pleased in addition to the permitted four wives. However, few modern women wish to become concubines. Therefore, the established protections and rights for concubines are little more relevant than those of slaves, now that any form of chattel employment is thankfully regarded as, at the least, highly inappropriate (employees working in any capacity reserve the right to leave their employer, while in the past slaves and concubines did not have that choice). Islam appreciates this positive change: it kept slavery and concubinage Halal in the past because then employment did not exist in its current optimized form. As Islam kept slavery and concubinage permitted (Halal) with improvised conditions and rights for slaves, it is criticized in the modern era without investigating the logic and rationale behind its directive in favor of slavery in the past, especially for concubinage. It is therefore important to explore the reasoning for which Islam permitted concubinage through the historical evidences mentioning practices of Muhammad in this context.
In the past, concubines could come into existence in an Islamic regime through two ways. Primarily, non Muslim women getting prisoners in war against enemies of Islam were made concubines. Alternatley, a mutual agreement among the elite master and his husbandless handmaiden could mold their relationship to concubinage because then it was an acceptable social practice. Selling concubines was also an inhuman social practice. Islam did not forbid such inhuman practices abruptly, as then mankind was neither willing to accept any irrational change in this regard nor any alternate in form of employment had evolved. To curb evil practices, Islam forbade raping concubines captured in wars and encouraged a culture of keeping them in Muslim household as handmaiden where they should be motivated to embrace Islam without any coercion through affectionate and humanitarian treatment. Further, Islam instructed to adopt Istabra of concubine before she might be used for sex by the new master in his household. Istabra of concubine meant not to have intercourse with her before she had had two or three menstruations in the household of the new master.[32] Islam also encouraged liberating slaves and arranging marriages for handmaidens with stress.[33]
Authentic sources on the Sunnah of Muhammad report that he had two or three concubines during his life in the city of Madina. Umm-ul-Momineen (Mother of Muslims) Rehana was a prisoner of war that Muhammad kept for himself as a concubine without Nikkah (formal marriage bond in Islam) after the battle against tribe of Bani Qariza (Ghazwa-e-Bani Qariza). Umm-ul-Momineen (Mother of Muslims) Maria Qibtia is reported to be another concubine gifted to Muhammad by the King Maqooqas in response to his letter inviting him towards Islam. The King Maqooqas in response appreciated the invitation and gifted two concubines Maria Qibtia and her sister Sirin with two horses. Muhammad kept Umm-ul-Momineen (Mother of Muslims) Maria Qibtia for himself as concubine without Nikkah. Both Rehana and Maria Qibtia were granted equivalent status and protocol in form of prestigious Muslim household as were arranged for all other wives (Ummahat-ul-Momineen). It was the highest rank and protocol in the then society of Arab that a woman could have. It was a matter of great surprise for Arabs that same protocol had been awarded to a concubine (slave women) who was not in Nikkah as giving such prestigious protocol to a concubine was against their norms and traditions. Muhammad did so to set examples that Islam equates slaves with free human and accepts no discrimination of any kind like race, gender, region, religion etc. This measure of Muhammad was necessary to curb the cruel tradition in the then Arab society of misusing handmaiden as concubine for sexual pleasures and later refuting her due rights and that of her children. Muhammad promoted concubines Maria Qibtia and Rehana as Umm-ul-Momineen (Mother of all Muslims) awarding them same splendid household, rights, privileges, protocol and status as he had ensured for all other wives who belonged to reputed race, tribes and/or families. That is how Islam negated and discourgaed the unjust attitudes and customs against slaves and concubines.
All other wives of Muhammad were healthy and normal, but he had a son Ibrahim from his concubine Maria Qibtia. After the birth of Ibrahim from a concubine, among other wives of Muhammad, Umm-ul-Momineen (Mother of Muslims) Hafsa Bint-e-Umar and Ayesha bin Abu-Bakr felt jealous as per woman nature. Umm-ul-Momineen (Mother of Muslims) Hafsa Bint-e-Umar accused that Ibrahim was not son of Muhammad as Maria Qibtia had illegal and unfair connections with a man. Muhammad advised his brother Ali bin Abu Talib to investigate. Ali bin Abu Talib confirmed that it was a fake allegation. Resultantly, Chapter 66 Sura-e-Tahreem of the Quran was also revealed instructing Muhammad to divorce Hafsa Bint-e-Umar for maliciously alleging a concubine Maria Qibtia. This is how, Islam set an example of equating a slave to free human where standards of justice demanded. Sura-e-Tahreem advised Muhammad to warn Ayesha Bint-e-Abu-Bakr not to commit jealousy against concubine Maria Qibtia in future. This measure of God (Allah) reinforced the significance of reserving and maintaining rights and equality for concubines in the then Arab society where earlier they were merely used for sexual pleasures without any social security and respect.
The above mentioned reports are adopted from the authentic sources explaining Shia Islam,[34][35][36] and Sunni Islam.[37], [38][39] Authentic Islamic sources[40] further confirm that Hajra (Hagar) was the handmaiden of Prophet Abraham. Prophet Abraham utilized her as a concubine with the permission of his infertile wife Sarah as per the directive of God (Allah). Hajra in result gave birth to Prophet Ismail the forefather of Muhammad. Abraham indeed ensured due rights of his concubine and her son. The mentioned sources also confirm adopting and utilizing concubines as a practice by the companions (Sahabis) of Muhammad in compliance with the Islamic orders for slaves and concubines.
In the modern era, slavery has been replaced with a better alternate employment across the world. Islamic laws and directives in form of rights and care for slaves and concubines motivated and led its followers optimize its shape from slavery to modern employment gradually over centuries. Therefore, in the current era the basic pro human nature philosophy of Islam has previaled with force that every human of any race, gender, region, religion etc. borns free and indepedent by birth. Thus, Islam took centuries to win salvation of mankind from slavery through a rational, logical, gradual and persistent approach of penetrating and encapsulating rights of slaves and concubines in the cruel creed of past societies. However, as per rules of Islamic Fiqas, Halal (permitted) from Muhammad cannot be altered by any authority or individual. Therefore, conceptually keeping concubine stands Halal although concubines are no more available in this era. Nevertheless it is not possible, but if any how a concubine is kept in the modern era she has to be given all her due rights essentially that Islam had defined for past times. It is satisfactory that in in Islamic states of this era concubinage is no more available and considered an obsolete and inhuman practice. Hence, handmaiden in doemstic works and females employees working business are not concubines and cannot be used for sex unless Nikkah or Muta is committed with mutual consent. Every adult and wise woman without husband although reserves the right to accept concubinage for her employer/master without any coercion or force, but Islamic scholars have consensus that for sex relations options of Nikkah and Muta should be adopted instead of concubinage in this era.[41] Further, a true Islamic government reserves the right to restore and revive concubinage any time where it is considered beneficial for Islamic growth and expansion in wars against its enemies.
When slavery became institutionalized in the North American colonies, white men, whether or not they were married, sometimes took enslaved women as concubines. Marriage between the races was prohibited by law in the colonies and the later United States. Many colonies and states also had laws against miscegenation, or any interracial relations, but the latter were generally ignored by white men. From 1662 the Colony of Virginia, followed by others, incorporated into law that the children took their mother's status, by the principle of partus sequitur ventrem; all children born to enslaved mothers were born into slavery, regardless of their father's status or ancestry.[42] This led to generations of mixed-race slaves, some who were otherwise considered legally white (1/8 or less African, equivalent to a great-grandparent) before the American Civil War.
In some cases, men had long-term relationships with enslaved women, giving them and their mixed-race children freedom and providing their children with apprenticeships, education and transfer of capital. In other cases, they did nothing for them except in a minor way. Such arrangements were more prevalent in the South during the antebellum years.
Historians now widely believe that the widower Thomas Jefferson, both before and during his presidency of the United States in the early 19th century, had an intimate relationship of 38 years with his mixed-race slave Sally Hemings, in such an arrangement.[43] He freed all four of her surviving children as they came of age; the Hemings were the only slave family to go free from Monticello. The children were 7/8 European in ancestry and legally white. Three entered the white community as adults. A 1998 DNA study showed a match between the Jefferson male line and a male descendant of Sally Hemings.[43]
In Louisiana and former French territories, a formalized system of concubinage called placage developed. European men took enslaved or free women of color as mistresses after making arrangements to give them a dowry, house or other transfer of property, and sometimes, if they were enslaved, offering freedom and education for their children.[44] A third class of free people of color developed, especially in New Orleans.[44][45] Many became educated, artisans and property owners. French-speaking and practicing Catholics, who combined French and African-American culture, created an elite between the whites of European descent and the masses of slaves.[44] Today descendants of the free people of color are generally called Louisiana Creole people.[44]