(1/2)
Here, I'll repost the full article, which of course does no such thing as relying on a single IDF translation as its sole and only source, and instead actually deals at length with what the word means, how it was recently resurrected, and what it does and doesn't imply about any official sanction from Hamas leadership.
I am not surprised that you want to replace this kind of detailed analysis with a simple and pithy oversimplification, since any detailed analysis will expose the truth that you're openly defending rape.
This week, Israel released an appalling video featuring five female Israeli soldiers taken captive at Nahal Oz military base on October 7. Fearful and bloody, the women beg for their lives while Hamas fighters mill around and alternately threaten to kill them and compliment their appearance. The captors call the women “sabaya,” which Israel translated as “women who can get pregnant.” Almost immediately, others disputed the translation and said sabaya referred merely to “female captives” and included no reference to their fertility. “The Arabic word sabaya doesn’t have sexual connotations,” the Al Jazeera journalist Laila Al-Arian wrote in a post on X, taking exception to a Washington Post article that said that it did. She said the Israeli translation was “playing on racist and orientalist tropes about Arabs and Muslims.”
These are real women and victims of ongoing war crimes, so it does seem excessively lurid to suggest, without direct evidence, that they have been raped in captivity for the past several months. (“Eight months,” the Israelis noted, allowing readers to do the gestational math. “Think of what that means for these young women.”) But to assert that sabaya is devoid of sexual connotation reflects ignorance, at best. The word is well attested in classical sources and refers to female captives; the choice of a classical term over a modern one implies a fondness for classical modes of war, which codified sexual violence at scale. Just as concubine and comfort woman carry the befoulments of their historic use, sabaya is straightforwardly associated with what we moderns call rape. Anyone who uses sabaya in modern Gaza or Raqqah can be assumed to have specific and disgusting reasons to want to revive it.
The word sabaya recently reappeared in the modern Arabic lexicon through the efforts of the Islamic State. Unsurprisingly, then, the scholars best equipped for this analysis are the ones who observed and cataloged how ISIS revived sabaya (and many other dormant classical and medieval terms). I refer here to Aymenn J. Al-Tamimi, recently of Swansea University, and to Cole Bunzel of the Hoover Institution, who have both commented on this controversy without sensationalism, except insofar as the potential of sexual enslavement is inherently sensational.
Under classical Islamic jurisprudence on the law of war, the possible fates of enemy captives are four: They can be killed, ransomed, enslaved, or freed. Those enslaved are then subject to the rules that govern slavery in Islam—which are extensive, and are nearly as irrelevant to the daily lives of most living Muslims as the rules concerning slavery in Judaism are to the lives of most Jews. I say “nearly” because Jews have not had a state that sought to regulate slavery for many centuries, but the last majority-Muslim states abolished slavery only in the second half of the 20th century, and the Islamic State enthusiastically resumed the practice in 2014.
In doing so, the Islamic State reaffirmed the privileges, and duties, of the slave owner. (Bunzel observes that the Islamic State cited scholars who used the term sabaya as if captured women were considered slaves by default, and the other fates were implicitly improbable.) The slave owner is responsible for the welfare of the slave, including her food and shelter. He is allowed to have sex with female slaves, but certain rules apply. He may not sell her off until he can confirm that she isn’t pregnant, and he has obligations to her and to their children, if any are born from their union. I cannot stress enough that such relationships—that is, having sex with someone you own—constitute rape in all modern interpretations of the word, and they are frowned upon whether they occur in the Levant, the Hejaz, or Monticello.
(2/2 - this is the rest of the article I pasted as the "1/2" section of the comment)