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Sunan Ibn Majah volume-3
Sunan Ibn Majah volume-3
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Sunan Ibn Majah volume-3

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Sunan Ibn Majah (5 Vol. Set) …

Sunan Ibn Majah (5 Vol. Set)

Imam Muhammad Bib Yazeed ibn Majah Al-Qazwini
Language: Arabic-English | Format: PDF | Pages: 2678 | Size: 92 MB

Sunan Ibn Majah is one of the six most authentic collections of the Ahadith and contains 4,341 total Ahadith. Like the other translations of the six books of hadith, Dar-us-Salam Publications, has taken great care in correct translation, simple and clear modern English language, and high quality publishing.

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  • 1. English Translation ofSunan Ibn M Volume 3 Compiled by: Imiim Muhammad Bin Yazeed Ibn Majah Al-Qazwini Ahidith edited, researched and referenced by: Hrifiz Abu Trihir Zubair Ali Zai Translated by: Nasiruddin al-Khattab (Canada) Edited by: Huda Khattab (Canada) Final review by: Abu Khaliyl (USA) DARUSSALAM - GLOBAL LEADER IN ISLAMIC BOOKS Riyadh. Jeddah Al-Khobar -Shajah Lahore. London -Houston.New York
  • 2. In the Name of Allrih, the Most Gracious, the Most Merciful Kalamullah.Com O Maktaba Dar-us-Salam, 2007 Library Catalog-ln-PubllcatlonData King Fahd Nat~onal lmam hafiz abu abdullah Sunan ibn majah, lmam hafiz abu abdullah,R~yadh-201 5v. 562 p, 14x21 cm ISBN: 9960-9881-3-9 (set) 9960-9919-6-2 I-Al-hadith-commentaries 2- Al-hadith 3-Title 237 7dc 142811078 Legal Deposit no.142811078 ISBN: 9960-9881-3-9 (set) 9960-9919-6-2 ivo1.31
  • 3. Contents The Chapters Regarding ZakitChapter 1. The Obligation Of ZaKt ....................................................... 17Chapter 2. What Was Narrated Concerning Withholding Zakit ................... 18Chapter 3. Wealth On Which Znkrit Is Paid Is Not Hoarded Treasure ......... 20Chapter 4. Z d d t on Silver and G 22Chapter 5. One Who Acquires ............................................... 23Chapter 6. Wealth On Which ZaEt Is Required ....................................... 24Chapta 7. Paying Zakiit Before It Is Due................................................. 25Chapter 9. Sadaqah Due On Camels 26Chapter 10. When The Z&t Col 1That Is One Year Younger Or One Year Older Than Required ............................. 29Chapter 11. What Kind Of CamelChapter 12. Sadaqah Due On CafflChapter 13. Sadaqah Due On SheeChapter 14. What Was Narrated Concerning The Collrctors O Zak3.t ............ f 35Chapter 15. Sadaqah Due On Hones ....................................... 37Chapter 16. Wealth On Which ZakiChapter 17. Sadaqah Due On CropChapter 20. Z& DueChapter 21. Sadaqahrl-FChapter 24. Giving Charity To RelativeChapter 26. One Who Asks When He Is Not In Need ................................. 52Chapta 27. For Whom ls Chanity Permissible? ........................................ 54Chapter 28. The Virtue O f Charity 54 The Chapters On MarriageChapter 1. What Was Narrated Concerning The Virtue Of Marriage ............ 57Chapter 2. Prohibition Of CelibaChapter 3. The Wifes RightsChapter 4. The Husbands RiChapter 5. The Best Of WornChapter 6. Marrying A ReliChapter 7. Marrying Virgins
  • 4. Contents 6 u l &Chapter 8. Marrying Free Women Who Are Fertile .................................. 68Chapter 9. Looking At A Woman When Wan- To Many Her ................. 69Chapter 10. A Man Should Not Propose Marriage To A Woman To Whom His Brother Has Already ProposChapter 1 . Seeking The Consent Of Virgins 1Chapter 12. One Who UnwillingChapter 13. Marriage Of Minor Girls Arranged By Their Fathers .................. 76Chapter 14. Marriage Of Minor Girls Arranged By Someone Other Tnan Their Fathers .............................................................................. 77Chapter 15. No Marriage Except With A Guardian .................................... 78Chapter 16. Prohibition Of Shighar ...................................................... 80Chapter 17. Dowries Of WornChapter 19. Sermon OChapter 23. Offering ConChapter 24. The WalimahChapter 26. Staying With A Virgin And A Previously-Married Woman ......... 98Chapter 27. What The Man Should Say When His Bride Comes In To Him .... 100Chapter 2.8. Covering Oneself When Having Intercourse ............................. 1MChapter 29. Prohibition Of Having Intercourse With Women In The Buttocks. 102Chapter30. Coitus Intemptus 104Chapter 31. A Man Should Paternal or M a t d Aunt At The Same Time .......................... 105Chapter 32. A Man Divorces His Wife Thrice, Then Another Man Marries Her And Divorces Her Before Consummating The Marriage.. Can She Go Back To The First Man? ............................................. 106Chapter 33. The Muhallif And Tne Muhallal Lahu ....................................... 108Chapter 34. What Is Unlawful Due To Lineage Is Unlawful Due To 109 e Unlawful ..... 1 1 1Chapter 36. Breastfeeding An A d d 113Chapter 37. There Is No Breastfeedi ................................ 114Chapter 38. The Breast Milk Belongs To The Sire ....................................... 116Chapter 39. A Man Became Muslim And He Has (i.e., Is Married To) Two Sisters ............................................................................... 117Chapter 40. A Man Became Muslim And He Has More Tnan Four Wives.. .... 118Chapter 41. Conditions In Marriage ........................................................ 118Chapter 42. A Man Setting Free His Slave Woman Then Manying Her .......... 119Chapter 43. A Slave Marrying Without His Masters Permission ................... 121Chapter 44. Prohibition Of Temporaly Marriage (Mufah)..... ....................... 122
  • 5. contents 7 uM IChapter 45. Marriage O f A MuhrimChapter 46. Compatibility ............Chapter 47. Dividing Ones Time Among Wives..... ................. ............... . 127Chapter 48. A Woman Giving Her Day To Her Co-Wife............................. 128Chapter 58. A Man Who Ha,s Doubts Concerning His Child ... ................... .. 144Chapter 59. The Child Is For The Bed And The Fornicator Gets Not* ........ 146Chapter 60. When One Spouse Becomes Muslim Before The Other ................ 148Chapter 61. Intercourse With A Nursing Mother .. 149Chapter 63. What Is Harim Does Not Make What Is H d a A Harim .............. 151 The Chapters On DivorceChapter 9. CanA ................... 163Chapter 10. D m A Woman Who Has Been Divorced Tnree Times Have The Right To Accomodation And Maintwance? ..................... ...... 165Chapter 11. Giving A Gift In The Event Of Divorce ................................... 166Chapter 13. One W l Divorca, W e s Or Takes Back His Wife In Jest ........ 167Chapter 14. One Who Divo Words Out Lou 167Chapter 15. Divorce Of One 168Chapter 16. Divorce 169Chapter 17. No Divo 171
  • 6. Contents 8 u - 2 WChapter 18. (Words) By Which Divorce Takes Place ................................... 172Chapter 19. hevocable Divor 173Chapter 20. A Man Giving ........................................ 173Chapter 21. That Khul Is Undesireble For The Women ............................... 175Chapter 22. The Man Whose Wife (Seeks)Chapter 27. The L i h ........................................................................... 183Chapter 28. Declaring A Woman As Unlawful For Oneself .......................... 188Chapter 29. Giving A Slave Woman The Choice When She Is Freed .............. 189Chapter 30. Divorce And Waiting Period Of A Slave Woman ...................... 192Chapter 31. The Divorce Performed By A Slave........................................ 193Chapter 32. One Who Divorces A Slave Woman With Two Divorces, ThenChapter 34. It Is Disliked For A Recently Widowed Woman To Adorn Herself 195Chapter 35. Can A W o r n M o m For Anyone Other Than Her Husband?. ... 196Chapter 36. A Man Whose Father Orders Him To Divorce His Wife ............. 198 The Chapters On ExpiationChapter 1. The Swearing Of The Would Take An Oath ................ 201 Accept What Is SaiChapter 5. Swearing Is (i.e., Le ................................ 205Chapter 6. Uttering The Exception When Swearing................................... 206Chapter 7. One Who Swears An Oath And Then Sees That Something Else Is Better ............................................................................ 207Chapter 8. Those Who Say That The Expiation Is To Not FulLiu It ............... 209Chapter 9. 210Chapter 10. Your F d e s ..................................................................... 211Chapter 1 . Prohibition Of Man Insisting On What He Swore About, And 1 Not Offering Expiatio 211Chapter 12. Helping Others 212Chapter 13. kohibition On Saying: "What All 214Chapter 14. One Who Uses Ambiguous Words In His Oath......................... 215Chapter 15. The Prohibition Of Vows 216Chapter 16. Vows For Disobedience 217
  • 7. Contents 9 uJ&"Chapter 17. One Who Makes A Vow But Does Not State It Spedfically ......... 219Chapter 18. Fulfilling Vow 219Chapter 19. One Who Dies ............................... 221Chapter 20. One Who Vows To Go For Hajj WalIdng ................................. 222Chapter 21. One Who Mixes Obedience And Sin In His Vow ... ........... ......... 223 The Chapters On Business TransadionsChapter 1. Encouragement To Earn A Livin 224Chapter 2. Moderation In Seeking To Ea ................................. 227Chapter 3. Fearing A m In Business 228Chapter 4. If A Man Finds A Way 0 It................................................................................. . 230Chapter 5. Occupatio 231Chapter 6. Hoarding 232Chapter 7. The Wage 234Chapter 8. Wages F an ................................................. 235Chapter 9. Prohibition Of The Price Of A Dog, The Payment (Given) to A Prostitute, The Payment Made To A Soothsayer And Studding A Stallion.............................................................................. 237Chapter 10. Earnings Of A Cu 238Chapter 11. What It ........................................ 240Chapter 12. What W e Prohibition O f Muniibndhah And Mu 242Chapter 13. "A Man To Try To Out-Haggle His Brother." ..... .... ..... .... .......... ...... ..... 243Chapter 14. What Was Narrated Concerning The Prohibition O f Najsh. ... ...... . 244C I I ~ ~ ? ~ Wiroh~hifion f A City-O~~cllcr 15 O &llmt: C)n Uchdf Of A Htlouirl.. 21.1Ch.1131c.r16. Prulubitton (71 M<z.t&e Trader, On lhe War. . . . . " . . .. . - ~ 2-liChapter 17. The Two Parties To A Transaction Have The Choice (Of Annulling It) So Long As They Have Not Yet Parted ................. 247Chapter 18. A Transaction With The Option To Cancel .... .... ...... ......... ...... .. 248Chapter 19. Parties To A Transaction Who Differ With One Another .... ......... 249Chapter 20. The Prohibition Of Selling What Is Not With You, And From Profiting On What You Do Not Possess................................... 250Chapter 21. If Two Authorized Persons Make A Sale, Then The First Transaction Is The One That Is Valid ...................................... 252Chapter 22. Prohibition On Earnest MonChapter 23. Prohibition Of Has% AndChapter 24. Prohibition Of Buying What Is In The Wombs And Udden O f Cattle, And Whatever A Diver Is Going To Bring Up ................. 255Chapter 25. AuctioChapter 26. LetChapter 27. Whoever Does Not Like To Fix Prices ..................................... 258Chapter 28. Being Lenient During TransactionChapter 29. Haggling
  • 8. Contents 10 &&IChapter 30. What Was Narrated About It b g Disliked To Swear Oaths When Buying And Selling... ..... ...... ...... ... ............................ .. 263Chapter 31. What Was Narrated Concerning One Who Sells A Pollinated Palm Tree Or A Slave Who Has Wealth .... ..... ...... ........ ........... 265Ch.~pfcr32. lrohbition CX Selling Fruits tklon, lhvy I l.1vr R~pened ........ . 267Chanter 33. Ljellinr Fruits For Mm Yem Ahc.ad And Cnm Failure ....... . " . v 2b1)Chapter 34. Allowing More When Weighing Goods For Sale ....................... 270Chapter 35. Being Cautious With Regard To Weights And Measurn ............. 271Chapter 36. Prohibition O f Cheating.......... ..... ...... ..... .... .. .. .... . . 272Chapter 37. The Prohibition O f Selling Food Before T a h g Possession Of It ... 273Chapter 38. Chapter Sales Involving Risk (Due To Its Amount BeingChapter 39. The BlesChapter 40. MarketplChapter 42. Selling The MusaChapter 44. Contractual Obligation Regarding A Slave . 282Chapter 45. One Who Sells Defective Goods Should Point Out The Defect...... 283 es ........................................ 284 . .Cluptrr 52 Iruhih~tionO f Hn.,lkiny, I)irham A r d Dirldr ................... ......... 291CI~mtrr 50Chapter 54. - Sellulr kn-h 1)atcs For IXi-l natei ....................... ............ The Muzribanah and The Muhriqalah...................................... 294 295Chapter 55. The Sale Arhjt By Estimating Its Amount For Dry Dates.. ......... . 296Chapter 56. Selling Animals For Animals On Gedit ..... .... ......................... . 297Chapter 57. Selling Animals For Animals, O f Different Kinds, Hand To Hand. 298Chapter 58. Emphatic Rohibition O f Us 299Chapter 59. Payment In Advance For A Weight To Be Delivered At A Known Time........ ...... ......... ....... 302Chapter 60. The One Who Has Paid In Advance For So Exchange It For Something Else 304Chapter 61. If One Pays In Advance For Not Yield AnythingChapter 62. Paying For Animals In Advanc 305Chapter 63. Partnership And Rofit Sharin 306Chapter 64. What A Man Is Entitled To Of His Sons Property .... ............ .... . 308Chapter 65. What A Woman Is Entitled To O f Her Husbands Wealth ........... 309Chapter 66. What A Slave May Give Away And Give In Chxity ................. 311Chapter 67. One Who Passes By The Livestock (Of Some People) Or A
  • 9. Contents 11 u& I Garden - Can He Take Something From That? ........................ 312Chapter 68. The Prohibition O Taking Something Without The Permission Of f The Chapters On RulingsChapter 1. Mention Of Judges 319 320Chapter 2. Emphatic Prohibition Against Injustice And Bribery................... 320Chapter 3.Chapter 4.Chapter 5. The Ruling Of A Judge Does Not Make What Is Forbidden Permissible Nor What Is Permissible Forbidden ........................ 324Chapter 6. One Who Claims Disputes About I 325Chapter 7. The Burden O f Proof Rests With The maintiff And An Oath Is Required From The One The Claim Is Made A g d t ................. 326Chapter 10. What The People Of The Book Should Be Asked To Swear By ..... 330Chapter 11. When Two Men Claim Some Goods And Neither O f Them Has Any Proo 331Chapter 12. A Person Possession Of A Man Who Bought It .......... .... .................. ..... .. 332Chapter 13. Ruling On Property Damaged By Livestock ............................. 332Chapter 14. Ruling Concerning One Who Breaks Something ........................ 333Chapter 15. A Man Fixing Wood To The Wall Of His Neighbor ................... 335Chapter 16. 336Chapter 17. Hs Neighbor ................................................................... i 337Chapter 18. Two Men Who Lay Claim To A Hut...................................... 338Chapter 19. One Who Stipulates The Condition Of h l & ........................... 339Chapter 20. Passing Judgment By Casting Lots... ..... ....... .... ..... ...... .... . .. . 340Chapter 21. Those Who Detect A Family Likeness ..................................... 342Chapter 22. Giving A Child The Choice Between His Parents... .... ..... .... ....... 344Chapter 23. Reconciliation
  • 10. Contents 12 The Chapters On TeskimoniesChapter 27. To Give Testimony When One Has Not Been Asked To Do So Is Disliked ............................................................................. 352Chapter 28. A Man Who Has Testimony To Give, When The Person To Whom It Pertains Is Unaware Of That .................................... 354Chapter 29. Witnessing LoChap& 32. False WitneChapter 33. The Testimo The Chapters On GiftsChapter 1. A Man Giving A Gift To HisChapter 2. One Who Gives His Child AChapter 3. Lifelong GrChapter 4. The Ruqba .......................................................................... 363Chapter 5. Taking Back AChapter 6. One Who GiveChapter 7. AWoman The Chapters On CharityChapter 1. Taking Back Ones Charity.................................................... 368Chapter 2. One Who Gives Charity Then Finds His Gift Being Sold -Chapter4. One Who EChapter 5. Borrowed IChapter 6. Items PlaceChapter 10. One Who TakChapter 11. One Who Tak His Messenger Are Responsible For Them ............................... 382Chapter 14. Giving Respite To One Who Is In Difficulty ............................. 383Chapter 15. Asking In A Polite Manner And T a m Ones Rights Without Behaving In An Indecent Manner ........................................... 385Chapter 16. Paying Off Debts I A Good Manner ...................................... n 386Chapter 17. The One Who Has A Right Has Authority (Over The Debtor)...... 387Chapter 18. Imprisonment Because Of Debts And Pursuing Debtors.............. 389Chapter 19. Lending......................................................................... 391Chapter 20. Paying A Debt On Behali Of The Deceased .............................. 393
  • 11. Contents 13 u" & 1Chapter 21. Three Things Which If A Person Takes Out A Loan Because O f Them All* Will Pay It Off For Him ...................................... 395 The Chapters On PawningChapter 1. [Abu Bala Bin Abi Shaibah Narrated To Us] ............................ 396Chapter 2. The Pawned Animal May Be Ridden And Milked ..................... 397Chapter 3. Pawned Items Are Not To Be Forfeited ................................... 398Chapter 4. Wages Of Workers .............................................................. 398Chapter 5. Hiring A Worker In Return For Foo 399Chapter 6. A Man Who Draws A Bucket O Water In Return For A Date f And Stipulates That They Must Be Good Quality Dried Dates ..... 401 Quarter (Of The Crop)Chapter 12. Renting Out Land In RChapter 13. Whoever Cultivates Peoples Land Without Their Permission ...... 411Chapter 14. Dealing With People Who Have Date-Palm Trees And Grape Vines ................................................................................ 411Chapter 15. Pollinating Palm TrChapter 16. The Muslims Are PChapter 17. Giving Rivers And Springs To People ..................................... 416Chapter 18. The Prohibition O f Selling Water ............................................ 417Chapter 19. The Prohibition O f Withholding Surplus Water From CommonChapter 21. Distribution Of WateChapter 22. The Land Around A The Chapters On PreemptionChapter 1. One Who Sells A Property Should Nohfy His Partner (Of His Intention)........................................................................... 426Chapter 2. Preemption By Virtue Of Being Neighbors ............................... 427Chapter 3. If The Boundaries Have Been Fixed Then There Is No Preemption 428Chapter 4. Requesting Preemptio 429
  • 12. Contents 14 u# The Chapters On Lost PropertyChap* 1 Lost . Cattle And Shee 431 433 435Chapter 4. One Who Finds Buried Treasure 436 The Chapters On Manumission (Of Slaves)Chapter 1 The Mudabba .Chapter3. TheMuM Start With The Man The Chapters On Legal PunishmentsChapter 1. It Is Not Lawful To Shed The Blood Of A Muslim Except In Three CaseChapter 2. The ApostateChapter 3. Canying Out The HududChapter 4. One Who May Be Exempt From The Legal t .............. 456Chapter 5. Covering (The Sin OfJThe Believer And Warding Off Legal Punishments In The Case Of Doubt ....................................... 457Chapter 6. Intercession Concerning Legal Punishments.............................. 459Chapter 7. The Legal Punishmmt For Adultery .................. .... ...... ........... 461Chapter 8. One Who Has Intercourse With The Slave Woman Of His Wife.. . 463Chapter 9. Stonjng ............................................................................. 464Chapter 10. Stoning A Jewish Man And Jewish Woman.............................. 466Chapter 11. One Who Commits Immoral Adiom Openly............................ 467Chapter 12. lhose Who Do Tne Action Of The People Of Lut ...................... 469Chapter 13. One Who Has Intercourse With A Mohram Relative And One Who Has Intercourse With An Animal ........... ...... ...... ..... ... .... . 470Chapter 14. Canying Out Legal Punishment On Slave Women .................... 471Chapter 15. The Legal Punishment For S1Chapter 16. The Legal Punishment ForChapter 17. One Who Drinks Wine RepeateChapter 18. The Legal Punishment Must Be The Sick (When They Deserve It) .......... .... ....... ..... ..... ........ .. . 476Chapter 19. One W h c Brandishes His Weapon 477
  • 13. Contents 15 @2&"Chapter 20. Those Who Engage In Band* And Spread Mischief In The 479Chapter 21. ............. 480Chapter 22. ....................................... 481Chapter 23.Chapter 24. A Thief Who Confesses . Hanging Ihe Hand From The Neck ..... ....... ......... ....... ........ 483 483Chapter 25. A Slave Who Steal 484Chapter 26. Those Wha Betray ........................ 485Chapter 27. The Hand Is Not To Be Cut Off For (Stealing) Roduce Or The Spadix (Marrow) O f Palm TreesChapter 28. One Who Steals Something That Is Guarded .... ....... ....... ..... ..... 486Chapter 29. Rompting A ThiChapter 30. One Who Is CChapter 31. Prohibition O f Canying Out The Legal Punishments In The MosqueChapter 32. PenaltyChapter 33. The Legal Punishment 1s Expiation ........ .......... ....... .. .. 491Chapter 34. A Man Who Finds Another Man With His Wife....... ........... .... .. 492Chapter 35. One Who Marries His Fathefs Wife After He Dies .................... 494Chapter 36. One Who Claims To Belong To Someone Other lhan Hk Father, Or (A Slave) Who Claims To Belong To Someone Other llwm HisChapter 38. Effeminate Men The Chapters On Blood MoneyChapter 1. The Severity Of Killing A Muslim 500Chapter 2. Can The One Who Kills A Believer Repent? ... ...... .............. ...... 502Chapter 3. If A Persons Relative Is Killed, He Has The Choice O f Three Things.............................................................................. 505Chapter 4. One Who Is Killed Delibnately And His Heirs Accept The Blood 507 509Chapter 6. The Blood 510Chapter 7. %e Blood Money Must Be Paid By The Aqilah; I there Is No f Aqilah. Then It Must Be Paid From The Treasury ...................... 513Chapter 8. One Who Prevents The Next O f Kin Of The Slain From Euacting Retaliation Or Taking The Blood Money ..... ....... ........ ....... ....... 514Chapter 9. Actions For Which There Is No Retaliation.............................. 515Chapter 10. One Who M t A cs Compensatory Mon 516Chapter 11. The Blood Money F ......................................... 518Chapter 12. Inheritance From The Blood Money ........................................ 520Chapter 13. The Blood Money Of A Disbeliever ........................................ 521Chapter 14. The Killer Does Not Inherit 521
  • 14. Contents 16 6 9 4 1Chapter 15. The Blood Money O f A Woman (Who Kills Someone) Must Be Paid By Her Male Relatives On Her Fathers Side, And Her Inheritance Goes To Her ChildrenChapter 16. The Retaliation For A Tooth ........Chapter 17. The Compensatory Money For Teeth ...................................... 524Chapter 18. The CompensChapter 19. A Wound ThaChapter 10. If A Person Bi Tooth ComesChapter 23. Can A Free P m n Be W e d For A Slave? .................................. 530Chapter 24. Retaliation Upon The Killer Will Be Carried Out In The Same Manner As He Killed @s Victim) bChapter 25. There Is No Retaliation Except WiChapter 26. No Criminal Can Bring Punishment Upon Anyone Else (For HisChapter 32. One Who Kills A MuihidChapter 33. One Who Offers Protectio ............... 542Chapter 34. Pardoning The KilleChapter 35. Pardoning In Cases The Chapters On Wills 547Chapter 1. Did The Messenger Of All& Make A Will? ......................... 547Chapter 2. Exhortation To Make A Will.................................................. 550Chapter 3. Injustice In Wills 551Chapter 4: The Prohibition Of 553Chapter 5. Making A Will For One 555Chapter 6. T h m Is No Bequ 557Chapter 7. Debts Before The 559Chapter 8. I A Person Di f Given On His 560 is just and reasonable." ..................................................... 561
  • 15. The Chapters Regarding Z a k i t 17 b5jfl +19i In the Name of All&, the Most Benejicent, the Most Mmcifrrl 8. The Chapters ( d l ) +I$!(A +I) Regarding Zak4tCornmeins:a: The word Zakit indicates literally increase and growth. The noble jurists of Islamic law explained Zakit by various definitions; one of these is: "It is an obligatory duty for a group possessing a specific amount of wealth at a specific time."b. Znkit was declared as an obligatory duty in the 2nd year of Hijrah in the month of Shawwa.c. The kinds of wealth on which Zakit i due: Gold, silver, cash, commodities s for trade, grains, fruits, (which can be stored like dates, raisin etc), minerals, cattle. Things other than these like: household utensils; vegetables are not subject to Z&t, and nor are modes of transport such as horses, cars, etc.d. The following are the recipients of Zakaakat: poor, the needy, the collectors The of it, those whose hearts are to be reconciled, to free the captives, in the debtors, the cause of All%? and the wayfarer.Chapter 1. The Obligation Of gqJ!>>, - 0 +I)Zakit ( 2 1 )1783. It was narrated from IbnAbbss that the Prophet sentMusdh to Yemen, and said: "Youare going to some people amongthe People of the Book. Call themto bear witness that none has theright to be worshiped but All%,and that I am the Messenger ofAll&. I they obey that, then tell fthem that AllHh has enjoinedupon them five prayers every dayand night. If they obey that, thentell them that AWh has enjoinedupon them charity (Zaktt) fromtheir wealth, to be taken fromtheir rich and given to their poor.
  • 16. The Chapters Regarding Zakif 18 Z K ~ UI*~ IIf they obey that, then beware of(taking) the best of their wealth. ?;&f p g$ .$!$ 2;$ $@fAnd beware of the supplication of 41; ?I$; 44the oppressed, for there is nobamer between it and Allih." .I , ;l s; A &?$ kr&.h(Sahik) .a++Comments: ea. MuGdh & was appointed as a governor of Yemen in the 10th year of Hijrah before the Farewell Hajj. One part of Yemen was under the govemorship of Muidh bin Jabal 4s and the other was under the governorship of Abu Musa Ashari *.b. Among the People of Book m e m Jews. The larger population of Yemen at that time was Jewish.c. ZaMt is due only from Muslims; as for non-Muslims they pay a tax instead of Z&t which is a fixed, more or less amount, according to the financial condition of each individual, and this t x is called 7izyah. ad. Z&t is distributed only among the Muslim beneficiaries. From among the non-Muslims, only that non-Muslim may be given some from Zakaakatthere if is a hope that he/she comes close to the Muslims, will have interests in Islam, and eventually will embrace Islam, such people are called "those whose hearts are to be recondled."Chapter 2. W h a t Was g%$6L+5-(~+~)Narrated Concerning ( 7 &I) +S~IWithholding Zakrit1784. I t w a s n a r r a t e d f r o m ;6t 2 &- jVhfAbdullGh bin Masud that the *Messenger of All?& g said: 2 N 2 , gg &2 p 62"There is no one who does not &2 L + $I & 3 +Ipay Z&f on his wealth, but abald-headed snakec1 will be > 2 &I 2 $ % 3 c- ? - 1made to appear to him on theDay of Resurrection, until it &$ Y g & Gn : ji g $1 44; f" Hyda or sapent, they say it means a male snake that is either bald, or white headed due to its poison
  • 17. The Chapters Regarding Zakit 19 itsjrl "I9?! Iencircles his neck." Then theMessenger o AlEh @ recited the f LG k,7f2 3 3 <, dG ig; e , ,following Verse to us confirmingthat from the Book of AUSh the $ & T$ & I $; .& 2 3- s3Most High: "And let not those g;+ :JG $1 -6 > ,: ,,./ , g g Zl&!who covetously withhold of thatwhich All2h has bestowed on ,a < ,< >$ 4+,, , * a > , - 41+.+ <them of His Bounty (wealth) t i k hn . i Y l [A* : d l y J4, l @ lathat it is good for them."ll(Sahih) dly JT zW 3, I - I i [ I : j = ;d l & L " ~ ~ ~ ~ &cl Jii3 F w :JLiJI t ~ , y ; * J l y ~ / ~ l ~ Y * Y : ~ .YYOI:~ ~ 3 -3 C ~ Y : % ~ a UIJ+~ &I> +T a r k cComments:a. A sinful person will be inflicted punishment on the Day o Judgement f before entering Hell.b. If there is a benefit in a worldly matter which is contrary to the Shariuh, then one should reflect upon the loss of the Hereafter, so that the worldly benefit seems despicable, and due to Lhis reflection, practising the Shariuh becomes easier.1785. It was narrated from Abu ek , 2 - vnoDharr that the Messenger of All21 said: "There is no owner ofcamels, sheep or cattle who does $ ? 3 g l J4; 2 JC : J G J- ~- a c& s: jr &&$not pay Z&t on them, but theywill come to him on the Day of & Y; @ & irG J I" > :?&$Resurrection as big and as fat asthey ever were, butting him with f2 Gg, .Jl GE; $$ 9 ;their horns and trampling him & i k f&E G ; Ffwith their hooves. Every time the AG : A~ &last of them has passed, the firsto them will come back to him, f .C&II g 3 $ .GY,~ &until judgement is passed uponthe people. " (Sahih)+v1 3 ???A l f ? . :C $1 z$j +& -+/ :c&2 , + i -- c . qq.:, , z j ?~ j, Y i> +-4 - iQji c+> , ,
  • 18. The Chapters Regarding Zaluit 20 SK~JI IComments:a. Not paying Z&"t is a very big sin.b. The cattle are also subject to Z&"t; its elaborated description is coming in the following chapter.1786.It was narrated from AbuHurairah that the Messenger of L& 2 ~ &I;> f ; G k -All& ,,The camels on C ~ &f ~ 2 >$I $i E L :$tzil G, , ,which the dues (i.e., ZakBt) werenot paid will come, trampling 2 i 2 $31 . @ $;I G 2their owners with their hooves. &GD :J6 J , ST w J j ; ** $1 And cattle and sheep will comeand trample their owners with eG & < + q dlkql ,,their hooves and butt them with I & & fl2 PI; 31 jk; .&I&their horns. And hoarded treasurewill come in the form of a bald- sl $3 . k . ,,.,.g & ,, ;: ,, ,~ &,$< *headed snake, and will meet its 2 , .: fg &&owner on the Day of Resurrection.Its owner will flee from it twotimes, then it will come to him , .&I *.3 GG , , *, , , .$> JS.x+? ,Ap 43 2tj Q : t91 & ; b+ %and he will flee again, and will , ,:: , ,,say: What do I have to do with !& . 6 b k ?&you? and it will say: I am yourhoarded treasure, I am yourhoarded treasure. He will hy toshield himself with his hand andit will devour it." (Sahih) .b&LJl bk+Jl & cE& bl,2 + s>L! :c+Comments.a. Hoarded treasure means gold and silver etc., on which the owner failed to pay Z&t.b A person takes wealth with his hand but does not give away with the same . hand in the path of therefore this hand will be punished such that his/her wealth turns into a snake whicb will bite this very hand. May Allih #A keep us in His refuge!Chapter 3. Wealth On Which 3 2~~ , ,, $< g - (y el)Zakdt Is Paid Is NotHoarded Treasure (r & ..1787. W d bin Aslam, the freed :J. +! l ?I> 2 j;bi 6k - VAVslave of Umar bn Kha%b, said: i"I went out with AbdullSh bin ~ $1 -3 2 $1 92 $i
  • 19. The Chapters Regarding Zakit 21 ;K$l +IniUmar, and a Bedouin met himand recited to him the words of 2 $c& I"@ $1 2 &J$> . , , , . , ,All* And those who hoard up &$ 126 "ZI2 9 3 +f jgold and silver (the money, theZak& of which has not been paid) :,, ,, JG .Y l,~f , , L F $ + J~, y , i*.and spend them not in the way of 531 6;- 4 :+I~J$ 92 ~ : Ibn Umar said to him: , , , JThe one who hoards it and does ~ 4 4 4 4%. % m 3not pay the Z d t due on it, woe G3 9 2 JG .E, 2 :++JJto him. But this was before the(ruling on) Zakit was revealed. $ lL ;g dL,s $-$ k+Kj s,> @ < , +, a<When it was revealed, Allihmade it a purification of wealth %, 2jf a .tg3 ;li J : ~*Then he turned away and said: I d ~I2 :A6 a.$$% & f ; Id o not mind if I have (the G~3f5 ~7 -.,: b> xf SE jequivalent of) Uhud in gold,provided that I know how much -3; $1 9 >,~S, >IJit is and I pay Z&t on it, and Iuse it in obedience of AlEh, theMighty and Sublime." (Sakik)Comments:a. Giving away as a charity in the path of virtue, other than paying Zakrit and spending for other compulsory expenses, is a voluntary worship.b. Payment of Zakat purifies the rest o the wealth, otherwise all wealth f remains impure.1788. It was narrated from Abu $ G Z :,~ 2 - V A AHurairah that the Messenger of 2 62 : M I g -7AUSh @$ said: "When you payZaEt on your wealth, then youhave done what is required of 2 2 +?dlJp k G :sfYOU." (Hasan) ; ~ , a gT * ,, ,4 6 > s, $1 , Z2 2 ,1 &f, . *s zj s lip :J6 @ $1 A; $ 21 & 2 A$
  • 20. The Chapters Regarding Zakiit 22 SK3l +I,!1789. It was narrated from ~2 :& 2 G k - VA9Fitimah bmt Qais that she heard f:, ,,-,~ *,him,meaning the Prophet @ say: "% & & ,-?3 f" L? & * , ,"There is nothing due on wealth $1 ,i 4 $6 3 : ;other than Z&t." (Daifi s~ ::;3 g 9, j -, > & : #$>I & 3 qLi1Chapter 4. Zaklit on Silver &. I 1 $5 Gq ( f+I)and Gold - (f ~ ~ l ,1790. It was narrated from Alithat the Messenger of AUih @ 6 :& 2 2 z - v9.said: "I have exempted you from r-, & 3 23 S. *havingtopay~nka^t^onhbrsesand 41 j; 4 Ji :ji 3 +>dlslaves, but bring one quarter ofonetenth of every forty Dirham.. $ &$ jj .,one Dirham." . 3 & $1 g ; 9&~j ; uG~? g ! "G;? ;1791. It was m a t e d from IbnUmar and &shah that fromeveq twenw Din& or more, theProl;het @.used to take half a % :$$ - J,, 2 2 &2$62- 1 ,_,, , 4 + EL V9 : Y E .$ hci2 93 e1 , $J
  • 21. The Chapters Regarding Zaklit 23 sK$l +l9iDinar, and from forty DMr, oneDin&. (Hasan) @ $1 s6 ,, dl +G 5 2 $1 p &I; i+L;;; &iJh? & ;t Sl3 . .i& i& &;$I 2; .2&2 - , :@&~l~:C"G~c?p;I!jlSL!;i~l~)*$~~l&~[jrrl .o>> I O Y Y : ~ &i h ~ + >,I> u d ,Comments:a. The h o r n kept for work, and the slaves for the senrice are not subject to Z h A t . But if a person trade in horses and slaves, then he should pay Z&t after estimating their current value like other goods for trade.b. The quantity of gold on which ZMt is levied is twenty DitGr, which is equal to 92 grams (as said by Shaikh l n B h , @ Mujmuah F a h a , vol: 14, b , page: 99).c. The rates of Z&t levied on gold and silver is one fortieth. For example: If a person owns 100 grams o gold, he must pay two and a half grams of gold f or its value in Z&t.d. The amount o cash money on which Zakrlt is levied is equal to that of gold, f because the current system of currency is based on gold.Chapter 5. One WhoAcquires Wealth $L i L k l $ &k , - (o 41) (0 Lid!)1792. It was narrated that :MI $ > G k - v q y 3 &shah said: "I heard the 2- ZJG $ ;~ 2Messenger of All* #f? sav: There 2 . , , - 6is no z k t on wealth until Haw1(one year) has passed." (Hasan) : &i@G 2 22 2 - 1 Y & ,, $ ~ I S ~ : J D @ $1 JyJ :m ,Comments.a. Zaktt is due from a person who owns gold and silver etc, (equal to the Nistb or more on which Z&t is levied) and the period of one whole year has passed.b. As for agricultural produce, Zakit becomes compulsory on it when the produce of a garden or field are harvested, and the elapse of a year is not a condition for it.
  • 22. The Chapters Regarding Zakit 24 Z K ~ +19i IChapter 6. Wealth O n Which a >9 g l - (7 ,+-dl)ZakCt Is Required (7 JI$I1793. It was narrated from Abu 6 2 : 4f ; $ $ - vqy ,y cs Q$,& :zLf y, ; -*Saeed Al-Khudri that he heard , ,the Prophet @ say: "There is no 4i <I,., I .".Sadaqah on anything less than five~ w s i ~ [ of dates, five ~ w i ~ [ of l ] ,y y $ ,, i; ,. ++ #,, 4f / :- * *, ,,silver and five camels." (Sahih) ie- ?+ $ a 3 ~JL 23 - , > ,* ~n : J $ @ $ I & ., ~ L ~ & ~ ~ I ~ &, , ; f; + s3; % g b s; j Q Lj S; j Ikj Lj - r +J~;JI *w +i; S F J ; i~ e.Comments:a. When the date fruits become dry and can be stored, then if their weight is equal to five Wasq, Zakrit must be levied. One Wasq is equal to sixty Si, and SZ is a measurement. Five Wasq is equal to 750 Kilos.b. Five Uqiyyah is equal to two hundred Dirham, which means the amount of silver on which Z&t is levied is two hundred Dirham.c. If one has less than five camels they are not subject to Zaktf. One goat is due for Zaktf in the case of five camels. Further details of Zaktf on camels will come in chapter 9.1794. It was narrated from Jibbir 6 2 :& 2 3 6 2 V 9 t -bin Abdulla that the Messengerof AU$h @ said: There is no 2 3 z 3 & + , , , 3 23Sadaqah on less than five camels; J G :J 6 $1 & + &G 2 c J I 2 ?there is no Sadaqah on less thanfive Awiq; and there is no Sadaqah $2; $ ij; Ikj &In :@ $ 1 2 ~ 5 Lon less than five Awsliq." (Sahih) $b~ljf j Sj; ~ bsj *j ,3$ 4, Awstq is plural of Wasq; a volume measurement equal to sixty Sf. (Sindi).IZ1 is plural of Uqiyyah and they also say: wnqiynh. It is forty Dirham, and five Awtq Awiq is equal to hhro hundred Dirham. (Sindi).
  • 23. The Chapters Regarding ZaMt 25 irKjrl +I9!Chapter 7. Paying Z a k i t I -. . &A 5 . - (v 41)Before It Is Due (vkl) &1795. It was narrated from Alibin Abu Taib that Abbb asked 62 :s 3 6k - vqethe Prophet $ about paying his g Gj; 3 j.&i 6 2 :$?.Z 2 i+ .Sadqah before it is due, and he 3 $ ? , + Eg3 .granted him permission to dothat. (Daifi ~fL$d34f+,p3 s - c$& $ ,: , & A .g $,jSL~I ,, : j , a-LP,, - ., u . - ; 5 $3 .& $7 . A, ~ y i ;Jj;ii : ~ j :+I+ .;$$I c>>l. ,+I * I a~Ll1clsT:, C&- p + f-s j i l s &Jl> .pSLJI -3 41 >* j! + jr .+ L & h i p : d> IComments: Paying Zakcif in advance means to pay before the completion of year; the fluctuation o the right amount o Z&t will be sorted out at its due time. f f Paying ZuEt in advance is permissible.Chapter 8. What Is To BeSaid When Z a k i t Is Paid 2$l& jG +c - (A ,+-dl) (A &dl) sg311796. Abdullsh bin Abu Awfa ! % :& 2 $ 62 - V91said: "Whenever a man broughtSadaqah to the Messenger of All*@, he would bless him. I brought ht Sg j6 ,:*, ) P : J$ > + J i 3 $1 ; , i .,., irf $ a < # , ,a, & *. + ; . irf 3him the Sadaquh of my wealth andhe said: Allrihumma, salli ah lili GG $& 371 I;! C@ 2 ~ ; $1Abl Awfa (0 AlEh! Send blessingupon the family of Abu Awfa)." $J,# . J & dL g h %c ,&&(Sahih) .u&f df $ && -,1797. It was narrated from Abu <;c :*; 2 2s I % - V9VHurairah that the Messenger of
  • 24. The Chapters Regarding Zakit 26 6 ~ 3+ I ! 1. *All* a said: "When you giveZddt, do not forget its reward, 2 .g2 -, 3 & 3 ,a n d say, Alliihummnj-alha 41 24; JL :JL $ ,, ,, ; ; 2 %f + I ,maghnaman wa la^ tnj-nlha ., ~ ,: ,: ,, : ,maghrama (0 All&! Make it a <GI$+ I % qJl *f lip 1%gain and do not make it a loss)." $+ G : : :f :(Maudu) 9 .J - I:, . u LaF : ~ + p i l Jb (%$) 3 3 9 + a ++.1I s DJL~I :&c ~ b + y ixy $1 ( j ei! ( ~ j 63) ~ : L a 233. + I c+WI JG3 r 4krb yL ;yk_l . %3 d a --33 , l 1Comments:a. A person possessing Nisdb of gold, silver and cash money, should personally make payment of the amount of Z&tt at the local collecting place. As for the Z&it due on g a n crops and cattle, a n appointed collecting officer of Islamic ri, government will visit the person possessing the Nisib and collect it.b. The relationship between public and g o v m e n t is of love and respect in an Islamic sodety. The Zaluit collector should thank the person paying Zakrif and pray for him.Chapter 9. Sadaqah Due On &YI && q F - ( 9 ,+.-dl)Camels ,I, (3 d l )1798. Ibn Shihsb narrated fromSslim bin Abdullih, from hisfather, from the Prophet @. He(Ibn S m b ) said: "S& read tome a letter that the Messenger ofAll& @ had written concerningSadaqlit, before All& caused himto pass away, in which it wassaid: For five camels one sheep;for ten, two sheep; for fifteen,three sheep; for twenty, foursheep. For twenty-five, a BinfMnkh2d (a one-year-old she-camel), up to thirty-five; if there isno Bint A.lnWuid, then a Bin Labun(a two-year-old male camel). I fthere are more than thirty-five,even one, then a Bint Labun (atwo-yemld she-camel) must be
  • 25. The Chapters Regarding Zakrit 27 iKjrl u19igiven, up to forty-five. If there aremore than forty-five, even one,then a Hiqqah (a three-year-old J & i &;I; i$ ;; G . sf ~ j f j 2 $d 1 I - -she-camel), up to sixty camels. If ,, i -there are more than sixty, even <+I; &&+ & L$ .& ? <, ,one more, then a Jadhaah (a four-year-old she-camel) must be i g g; di . G -+given, up to seventy-five. If there G +-,. ; & &;ljare more than seventy-five, even i5ij &;I; i$ .g ia$ GI Jone more, then two Bint Labunmust be given, up to ninety. If Jk G , g there are more than ninety, even ,, , J5 2 us6k .+j 5 , ~one more, then two Hiqqnh must .I+ t gbe given, up to one hundred and I r . a G ~ J JS $j I . $ Ttwenty. If there are many camels,then for each fifty, one Hiqqahmust be given and for each fortya Bint Labun." (Hasan)Y :s ; , a + g+ a + I j h 9 r h h / f : & I J 1 -= . - :c+t a p , jOTn:c &iL- Z &I a at+ w i ; ~ ,z) % ( gpjl 2 2 4! J , $ g"l r l , .big d ~ . ~ 2 j J ; l & I T Y ~ : , ,gi$l1799. It was narrated that AbuSaeed Al-Khudri said: "The ~6 2 &g% + , , 1 , 1 ,L, U:*2 - vqq .Messenger of All% @ said: .is?* .There is no Sad@ on any lessthan five camels, or for four. I the f > 2 b :Dl h ;l fnumber of camels reaches five > <kT ci5G $ & $ jp 2then one sheep must be given, up j ; JC G : JC 2>slto nine. If the number reaches ten, -, f; +then two sheep must be given, upto fourteen. If the number reaches a& @ 5 &$I ; +g ,, qj .gb :@fifteen, then three sheep must be ,given, up to nineteen. If the I$ ; .+ $ il J1 %GG &number reaches twenty, then foursheep must be given, up to E;f $ if & G ;& J~ G .twenty-four. If the numberreaches twenty-five, then a Bint $$ G i* - 4I;$ & . ; .:* ;aMakhid (a one-year-old she- 4 .i* g $ if $& Jk - -camel), u p to thuh;-five; if there isno Bint MakXd, then a Bin Labun i gjf G >A >f,> $ i f J $& c G >Aj 4 I:+ .>&j L :
  • 26. The Chapters Regarding Z a k i t 28 alrjtl ++i(a two-year-old male camel). Ifthere are more camels, then a bintLabun (two-year-old she-camel)up to forty-five. If there are morecamels, then a Hcqqah (a three-year-old she-camel) m u s t begiven, u p to s~xty.If there aremore camels, then a Jadhauh (afive-year-old shecamel) must begvven up to seventy-five. I there fare more camels, then two BintLabun must be glven, u p toninety If there are more camels,then two Hcqqah should be gven,up to one hundred and twenty.Then for each fifty, one Hzqquh,and for each forty, a Bcnt Labun."(Hasan)3 %! , & 2 y . 3 F +J=- h , + ( , ? +, ~ 3 +T & Gp l [I - :& 2 = .;$ &I+ ,$I@ ,~ , i l ;I $ .I& I. + + yi!Commentsa. Only female camels should be given and taken as Zaktt on camels; a two- year-old male camel is allowed to be taken as ZakLit if a female camel of one year of age does not exist in the herd, although the real due is a one year- old-female camel.b In the case of possessing over one hundred and twenty camels, the camels . will be divided into groups of either 40 or 50 and then accordingly two- y m l d female camels and three-year-old female camels will be taken as Zaktt. A two-year-old female camel is due for a group of 40 camels, and a three-year-old female camel for a group of 50 camels. For example: A herd of 130 camels would be divided into two groups of 40 camels and one group of fifty camels, 130=40+40+50.So one female camel of two years of age is due for each group of forty camels, and one female camel of three years of age is due for the frfty. Similarly, one hundred and forty camels will be divided into three groups as follows; 140=40+50+50; so one two-year-old female camel is due for the forty camels and two threeyeamlds are due for the two groups oi fifty camels. As one three year old female camel is due for fifty camels, there will be three female camels of three years of age due for possessing one hundred and fifty [50+50+50)camels. Four twoyear-old femde camels are due in
  • 27. The Chapters Regarding Zaki2t 29 5 ~ 3 +191 1 became a group of 50. If the number reaches two hundred, then the owner may give four female camels of three years of age, or five female camels of two years of age.Chapter 10. When T h e Z a k i t 2 lil, :.3 - (+I)1 + 7Collector Receives AnAnimal That Is One Year &&I0 -Younger Or One Year Older (*Than Required 1800. Anas bin Milii narrated j 2 6k - A+* that Abu Bakr Siddiq wrote to him: n ~ the N~~~ of ma, the n ,, . + j ~ ,._2 , ; e ,* ~ - *<,, _~_ ) a Most Gracious, the Most Merciful. This is the obligation of Sudaqah $2 ,, ,, :al 2 $1 I 2 _- g , Gk dl @6 2 >! s a the Messenger of Aim @ L : zG 2 &f enjoined upon the Muslims, as ? - ,.a1., ; + :z cf All* commanded the Messenger ;, , , . of Alltih @. The ages of camels to 2 2 $1 &> ?$ .+fslbe given ( n Zd) may be made i dl 3 J+;up in sheep. So if a man hascameIsonwhichtheSndaqnh i s a . , j ~ &,, l $ ~ f > .g$lJg; ~ $ I +ladhaah (a four-year-old she- % +, &jl :% +,13camel), and he does not have a ,,- , ,Judhaah but he has a Hiqqah (athree-year-old she-camel), then & & ; *:G G~ %&:% 3;+GI @, p $$ .athe Hiqqah should be accepted + +from him, and two sheep should a 23 .G;? f; p, ~:~ *> , Y-c-,be given ( n addition), if they are ireadily available, or twenty , ~ 9~% : GIgb ; + -Dirham. If a man has camels onwhich the Sudaqah is a Hiqqah, and & ?$& & j g$ $9 3 ; $ , 2; .G;?&A~f $Ghe only has a Bint Labun (a two-year-old she-camel), then the BintLabun should be accepted fromhim, along with two sheep or ,. ; ; I , ; %I & M & ,?$ : z b g - I$ $ !, " -twenty Dirhams. I a man has fcamels on which the Sadaqah is a a s3 ,G:G f ; "kj?Bint Labun, and he does not have : ; + *j c92+ ":* & : L:: .one, but he has a Hiqqah, then it ,should be accepted from him, and & 8L & g $$ 2Gthe ZaEt collector should give a - - .+.: :31 - . LA 6.z a 3 3 a s L ~ J ?
  • 28. The Chapters Regarding Zakit 30 su;;JI ul*!him back twenty Dirham or two sheep. I a man has camels on f .+.; ,,~;+ + +& ; ,x-,which the Sadaqah is a Bint Labun, & +$ G$& @ 6 ?$ 2 ; s 1 and he does not have one, but he , , I , ~has a Bint M&tA (a one-year-old p g .$ jf "G;? .G 2 4 1she-camel), then the BiniMukMdshould be accepted from him, ; ; & & >& ;+ & + ;along with twenty Dirham or two 3 ; % & $$ 3: 4$ %I . -sheep. If a mai has camels on .$3which the Sadaqah is a BintMakhlid, and he does not haveone, but he has a Bint Lnbun, thenthe Bint Labun should be acceptedfrom him, and the Zukrit collectorshould give him back twentyD i m s or two sheep. Whoeverdoes not have a Bint Makhdd, buthe has a Bin Labun (a two-year-old male camel), then it should beaccepted from him and nothingelse need he given along withit." (Sahih) ji & = 9 j",>i*J $4 f " f : e $j yb CAI ? i ):c+ idjWl pComments:/ .+&I 2a. The ages of female camels given in Zakit due on camels are of the following: (a): Bint MakErlh, i.e., one-year-old; @): Bint Labmn, i.e., two-year-old; (c)): Hiqah, i.e., three-year-old and ( ) Jadhah,i.e., four-year-old. d:b. Only female camels are accepted for Zakit; however a two year old male camel may be taken in ZMt in replacement of a one-year-old female camel if such is not available.Chapter 1 . What Kind Of 1 imld k- & uq . > 9 - ( +I)Camels Should Be Taken ( d l ) ,I, &1801. It was narrated that 62 :& 2 $ &k- A. Suwaid bin Ghafalah said: "TheZakiih collector of the Prophet @ - j dl 5~ c&-2 6 2 : g3cametous,andItookhimbythe ;&$ 2 & $ . 1 4 > s fhand and read in his order: Donot gather separate herds and do nL --7 , g9,Jz *& ):J6 & ., pnot separate a single herd for fear s +y :!& & A!$; y; . 2
  • 29. The Chapters Regarding Zakrit 31 r ~ j r,l !I" I iof Sudaqah. A man brought him a icg , ., , : :. , tr;,huge, fat she-camel, b u t he y*;JI &z gT & f ,lrefused to accept it. So he brought x - , . G 2 a - Ylj; jJ , 6 *him another of lower quality andhe accepted it. He said: What $r : ~ g ; GLg GJ; ;&land would shelter me and whatheaven would shade me, if I came *r , ?Lf A . z~ AT; 2 > f;to the Messenger of All& @having taken the best of a Muslim 6; ., u &?, 1& ,, , 3; J + j ; , 4 @mans camels?" (Daif) .@3 O A V : idUl ~ 2Jj 2 -L 2JjIl ~ > j l > + y [&4 ~p l :E+ .wt4,2+"efl.*ri+ AI q : c & l +CLJ-:&*-Comments:a. A moderate type of animal should be taken or given in Z&"t; neither the best animal should be taken in ZMt, which will cause harm to the owner, nor should a useless animal be taken in Z&t that will not benefit a needy.b. The noble Companions Q used to be extremely careful when appointed for an official duty.c. Separate herds should not be brought together and the joint herds should not be separated for the fear of Zakrit; its explanation will come in the following chapter, Hadith 1805 and see the comments on it.1802. It was narrated from Jarir Gk 2 :- 6 2 - A*Ybin Abdull* that the Messenger , ~,of Aim @ said: Re Z&t zb && 3 chlyi ~ 5 3 3 2 $1 34; Jg :Jt$ 1 g + $3 >collector should not come backunless the people are pleased with , ,,him."[1 (Sahih) .cb, YL dl & ~n : @ 4* + $lyi + - L 3 Yr7v:z ~rYv/7:#l> 2191 +plLF1 :&2?) Ja k t j ~ y r v C,~I+I ~ : JII+ %t3 r o ~ ?.G 2k : ~ .&I r +>o, ; (44, 4A9:z +Comments: It guides that people should welcome the Z o X fcollector; they should cooperate with him for discharge of his duties and pay their ZMt happily.[I Meaning, welcomed by those who he collects from, and paid te Z h i t willingly h
  • 30. The Chapters Regarding Zakrit 32 5 t s j ~ +19i l Chapter 12. Sadaqah D u e On I - ( Y +I) Cattle , (Y 1803. I t w a s n a r r a t e d t h a t :$ + $1 2 g & - h*Y Mugdh bin Jabal said: "The e2 2 & - e2 Messenger of All* @ sent me to Yemen and commanded me; for & (; $ 2 ~2 ~ 3; >$ every forty cows, to take a - *I ,, ~ ~usinnah,[l and for every thirty, .dlj~41;J , g g & :JG $1 a ~abi"~ or Tabiah." (Daif) +~f 31 3 ,, &-L2 Lf $fj ", , . Q>I ,S%s 2; .E$ J 1804. It w a s narrated f r o m $ 62 :&j 3 $!$ && - A , 2 AbduWh that the Prophet @ said: "For every thirty cattle, a 3 (; ; cyy 3 ~ml Tabior~abiah,and-forevery .B:J~@,G?J~~~+,~@>;;~$ forty a Musinnah." (Daifi & $2 .+i f., 2 21 2% & Comments: a. Less than thirty cows and bulls are not subject to Z&t. b. A two-year-old cow is called Musinnah, which has broken two front teeth. c. When making account of Zaluit for cows and bulls, they should be divided into groups of thxty or forty, then accordingly one-year-old or two-year-old calves should be taken as Z&t, i.e., oneyear-old for groups of thirty and two-year-olds for groups of forty is compulsoq. Thereafter, the following are to be given as Zakit; two one-year-old calves for sixty; a one-year-old calf and a one two-year-old calf for seventy; two calves of two years of age for eighty; three oneyear-old calves for ninety; one calf of two years of age, and two calves that are one-year-old for a group of one hundred. "A f a d e [I A cow that has entered its third year. male cow that has entned its second year, and Tabid is the female...- i.>
  • 31. The Chapters Regarding Zakiit 33 &&$I U19iChapter 13. Sadaqah Due OnSheep1805. It was narrated from lbnS m b , from SSlim bin Abdullaf r o m h i s father, f r o m t h eMessenger of AEh B. He ( S X i )said: "My father read to me aletter that the Messenger of All% had written about S a d q i tbefore M i h caused him to passaway. I read in it: For fortysheep, one sheep, u p to onehundred and twenty. I there is fmore than that - even one -then two sheep, u p to twohundred. I there is one more than fthat - even one - then threesheep, up to three hundred. I fthere are many sheep, then foreach hundred, one sheep. And Iread in it: Separate flocks shouldnot be combined, and a combinedflock should not be separated.And I read in it: And a male goatshould not be taken for Sadaqah,nor a decrepit nor defectiveanimal,,,[l (Hasan) ,lComments:a. Only one goat as Z d i t is due on anyone possessmg between forty and one hundred and twenty goats.b Two goats as Zakrit are compulsory on a flock between a hundred and twenty one, and two hundred goats.c Only three goats are due in Z&"t from a flock between two hundred and one and three hundred and nmety-nine, when ths number becomes a - complete four hundred, then four goats will be aven for Z&t -d After four hundred, one goat is given m Zakit for each hundred goats; there is no ZaMt on goats whicb are left over after hundreds.[I1See no. 1798.
  • 32. The Chapters Regarding Zak&t 34 iK$l Llr19ie. A male goat is a special goat and is kept in the flock for breeding purposes; it has such importance because o it being dearer in price to the owner. f Similarly, if an old animal with defects is given to the needy; it will affect the right o the recipient because he/she will not get full benefits from it. f The principle is laid so that both the payer o Z&t and the beneficiary f should not lose out. c1806. It was narrated from Ibn 2:G <$$1 #, UG - A * 7Umar that the Messenger ofAllgh said: The Sadaq& of the 1 I ck~ u s l i & should be t a k k at their $ > 2 ; z + ; a lwatering places. " (Hasan) k$,:@ $1 $ J+; j6 : J i $1aA, t(W.>)& Ji .i;;P +i L L ~1 - : c~3 . , A l)i:&i z,+i, iO C ~ A c d k J ~ A i, d l & rJb &-I3 +[ ; " ; j G F ? ., > 3 ( 1 . v I : z $1 &I) ij . 3 L L ~ 4,Gl dl+&b +J=- . rrx:, ,,,MI I , , i , i;;P i s p, .L ,L +c . @ , a dl++I, WI+ +UI +i d~ib 3 : 2 I J J :LIE hr dl ; p, .&I b, L i r _ r .>LLComments: The Hadith legislates a mle that, for the collection o Z h A t , a collector f himself should go to places where peoples herds o animals graze and f pasture; and the people upon whom Z&t is due are not commanded to bring their animals to the collecting officer to pay the Zd&t.1807. It was narrated from IbnUmar, from that the Prophet @:"For forty sheep, one sheep, up toone hundred and twenty. If thereis one more, then two sheep, upto two hundred. If there is onemore, then three sheep, u p tothree hundred. If there are morethan that, then for every hundredone sheep. Do not separate acombined flock a n d d o notcombine separate flocks for fear ofSadqah. Each partner (who has ashare in a c o m b i i flock) shouldpay in proportion to his shares.
  • 33. The Chapters Regarding Zakat 35 ~ $ - 11 ~ 1And the Z&t collector should not ,accept any decrepit or defecfive Y222 + 3, 3 .$>L $&lx manimal, nor any male goat, unless ;& if ce* ~: >I$ &I: y~ Y2p he wishes to." (Hasan) u;ulComments:a. Two persons joining their goats together as one flock will be considered reliable only if the shepherd of both of the flocks, their resting place, watering arrangement and male goat for breeding are shared. (Muwatta . Mrilik: 1/2421 ,b. I person paying Zakit is willing to give a better animal or big male (i.e., f male goat or stallion) then it will be accepted otherwise the collector himself should not ask for it.Chapter 14. What Was JG2 ;; Lf-Iq IG - ( f +I)Narrated Concerning T h eCollectors Of Zakiit (f d ) l1808. It was narrated from Anasbin Maik that the Messenger ofAlEh #g said: The one who is 4 - :A4( ?G % i ir: L., 2 + ; -+ 2 I & *, - A, Aunjust&~ad~uhislikeonewhowithholds it." (Hasan) .+>I 9 6g31~ $1 :@ c3& 2 >.- 34; +2 jG , +G :x # -Comments:a. This type of collector is given resemblance to that of a person who evades ZaEt because this collectors injustice urges people not to pay Z&t, and subsequently they stop paying Zaktt by making excuses.b. An unjust person in matters of Zaktt also can be the one who distributes Zakrit and charity among those who are not r g t u beneficiaries. ihfl , ,1809. It was narrated that R3i 2 !&z KX : ~3 %$7 EX - A . q -bin Khadij said: "I heard the ,~< , , a &> S2 ~ ; h* ,Messenger of Al g say: The J aperson who is appointed to collect + . 3 sp-i 2 2 $
  • 34. The Chapters Regarding Z a k i t 36 S K g "l3i 1 ithe Sadaqah - who does so withsincerity and fairness is like one 2 ;?- g; 2 :;g ; $ ;who goes out to fight for the sake g 91J+; .JE & .$ Iof Allsh, u t l he returns to his ni $2 dg + ., & & : 5 i , shouse." (Hasan) : J$ I I :"L c ~ I $ I >>I> +T I y F o > q 1,3WI3 c L . 3 >I - 3 ~ 7 2 4 ": $~ +I -> % SL-1 &I L.b 3 Yqn: 2 .p i 3 ir"J1sComments: Collecting ZaXt with f l rights means the collector should take as much ul amount as compulsory according to Shariuh; he should not ask for any extra beyond the fixed amount which would oppress those paying neither should he take any less than the amount due which will violate the right of the recipients.1810. Abdullih bin Unais said- , $ : ., I$ ?I> 2 3 2 6 2 - A athat he and Umar bin KhatGb +?dl > b&$f; ; 2 1, 2 EL were speaking about Sadaqah oneday, and Umar said: "Did you *., , $ 2 41J+ a1 b b :; - -., a #y d ,? f .:, ,.not hear the Messenger of Allih *:@ he mentioned Ghulul[ll dl :2 2 jJL2L1 u ~ . l .$ -, i"~ .; with the Sndaqah (and said): ,, ? , , , .3 , ;CS; $ ;51j; *j d*2 &I a $1 $ #, , .Whoever steals a camel or a ;CS J . Z U 1 ib: ?GIsheep from it, he will be brouzht uc a r r y i n g i t o n t h e Day ofResurrection?" Abdullsh bin J$ $!* , , g$ 91J+; L qiUnais said: "Yes." (Hasan) & gB $ a l : $gca, . . >I + r i A!+!, ?h~/~:l;aJi tqh/r:ipi +piL1F :E+4% *>I+ + A!+ CF Y * T / ! O : J W I iri$ 2 $ 4 1 +pi A+ 33I . p pA :&x > JEJ c o i 3 d33 k k 632 iffZ & &_P d k >I . & .&I+ +A, jr JA Y + j l I + pi3Comments:a. Dishonesty is a very big aime in collective matters. Those who are responsible for financial matters of mosques, Islamic schools, province andI1 Normally used to refer to goods pilfered from the spoils of war.
  • 35. The Chapters Regarding Zaltlit 37 UI*~ state must be mindful of this warning.b. Dishonesty in Z&t may also mean that the owner of property does not disclose all his wealth, and thus he pays less than the compulsory amount due.1811. Ibrihim binAt2, the freed ,- 3 :dj :G >$ 41 $ - 6 )A))slave of Imrh bin Husain, said: , ,,,My father told me that fImr;m 2+ L ;&2 :?Gi 6 2 I ; 3 sl& dl ., $2 :;I& > ,bin Husain was appointed tocollect the Sadaqah. When he came a L < >back, it was said to him. Where is , , , J; * ,; : &, FJthe wealth? He said: Was it for 3y - , 2 *,,j ?JdI J ~ - ,,wealth that you sent me? We took ,?roe ,<: b lit from where we used to take it d$; & & o b L f. i ? aL <iat the time of the Messenger of ,, ,<All& # and we distributed it ,, . 9s J 3 ; Iwhere we used to distribute it."(Hasan)J JL 2 j-; ! ;&I j:*L ;$>I e>sl> eyi C+s- o>LIl :~j; .+ a $I!, +*-;p lYO:c JLComments:a. This conversation of I m r h bin Husain & was with Umar 46; it was upon Umais order that Im2n went to Basrah to collect Z d f .b. The poor people of the area from where the Z&t is being collected have more right to Zakrif.c. The noble Companions & were very strict in following the Sunnah of the noble Prophets. @,+ , j #Chapter 15. Sadaqah Due On - ( a +I)Horses And Slaves 0 0d l ) &,&1812. It was narrated horn Abu 6 :. , g y~ 1 ;d $! & ,,,,y -Hurairah that the Messenger of , ~. *~> , ? .A]l$h said: "ne MusLimis nor 2~2k?$$lG3~+&?dwobliged to pay Sadaqah on hisslave nor his horse." (Sahih) +~ . c g $2 2 >q ;& * 2I , $8 :@ 41 A$; J,j :J6$ ; &! : -,
  • 36. The Chapters Regarding Z a k i t 38 SK>I "lxi1813. It was narrated from Alithat the Prophet @ said: "I have :& # dr 2&Gk- -, AYexempted you from having to pay @ 2 ., ~3 c-~ 3Sndaqah on horses and slaves." :j I y + J L I(Hasan) .I&y3 -, , $& >p ~ :<;: J P ~4jJI C& ~ O : ~ C + I , ,(~i:&+y>)p+Jl-j/[~l :re+ d l AI+ +dc p s> a, ~ 1 C ~:J Z ~ J T 6I $T d + =I& .&UlComments: This forgiveness is from AUSh, and the Prophet g transmitted this commandment being a ruler.Chapter 16. Wealth On G - (? 41)Which Zakdt Is Due 0 7 GAI) & 3331 ~1j.3111814. It was narrated from 1241 ~ 1 % 2 J% G k - A fMuidh bin Jabal that the ,. , .., *,Messenger of All& sent him to 2d&2$f :L$;2$le ELYemen and said to him, "Takegrains from grains, sheep from 2 z& 2 y !.A -2y 2%sheep, camels from camels and 5% $1 J ; 3 & ,2 ?C 2 C ~ K G *cows from cows." (Daif) & 1 :$ j G g ,JL .&$& 2; .$I & h ; 1 i1 .1 a .u$1 & i$ljoq9:c @$I ?L :$$I >,I, 37 rA9kxY &+ a > L l l : - d i J G ks 0 &I p ILL, , ;4 IJ , & .lkr 4, -3 &I -. L *1815. It was narrated from Amr Gk : I% >. 2 tL& - Aobin Shuaib, from his father, thathis grandfather said: "The g + &z y & 2 Lt2~Messenger of AUSh g only 2 2 c%f -c + Jp $1 3prescribed Z a k i t on these fivethings: wheat, barley, dates, 4 ;q, . g J ; G > dl :j,jraisins and corn." (Daifi 1;$ &$I 2 : l m ?+ . ;l; 5 ll -31; ,* $1;
  • 37. The Chapters Regarding Zakht 39 "lnI ,Comments:a. Agricultural produce (i.e., grain crops and fruits)on which Z&t is levied is five Wasaq. (SeeHadith 1794)b. Wheat and barley will be weighed after being separated from the husk, then if the weight is equal to five Wasq or more, Zat becomes compulsory.c. When the dates and raisins become dry and are able to be stored they should be measured and weighed.d. The Z&t due on thae crops is mentioned in the following chapter.Chapter 1 . Sadaqah Due O n 7Crops And Fruits @& + - ( v ,.-dl) O V &I) JIA?Jli1816.It was narrated from Abu f , ,. i Sy a &q k - A 7 GHurairah that the Messenger ofAll& @ said: For crops that are +"+ 2 + fi2 :$2Gii~ , , dGinigated by the sky (i.e., rain) and +"+ , - > a a2ml EL :e~, 2jl + . . , springs, one-tenth. For those that , , ,,are irrigated by watering, one half eycj 4i & $ $1 +"+ 2 $91 , ,of one-tenth. " (Hasan) ., ,, . ;aj . . a ,~ ~, 5 - s , - , ; j : 6 &L+1 24 u .; , + qn - .c & i l - , $3~&,ig;iiL & l k i d l j +b + "L iJjjll I I :& i . .r&yj!jLu!jr T i 9 : t GO>,Comments:a. Ten percent as Z&t is due on the produce of land watered by rainfall.b. Twenty percent as Z&t is due on crops inigated by water wells and tube wells. As for the areas that have a canal system for irrigation and they pay seasonal water tax for it; they shall pay one twentieth in Z&t on produce of land irrigated by a canal system if the quantity of produce reaches five Wasq or more, [which is nearly a little above 750 kilos]. All& knows best!1817. It was narrated from Wm -L*; 2 25s;1 2 ~5 - AVthat his father said: "I heard theMessenger of say: For > ;, ., < ,: Gr 5 . :vs *, , < ,, ,whatever is irrigated by the sky, :jG %f > + 3 c y $1 ~ 2rivers and springs, or draws up I- , , , *water from deep roots, one-tenth. & eD 5% :Jfi j; 4 & >For whatever is irrigated by *% ig jf & ;t ,animals (i.e., by artificial means)one half of one-tenth." (Sahih) .K&~;-I &,& , &Q - ; .*I
  • 38. The Chapters Regarding Zakit 40 BKjJI ulg?i +Ul3 U I 3 &+ P etz & 4 c+L ~JJI C&>WI 1 +y :E$Comments: .+ ",d l +b 3 L A Y : c The land watered by natural moisture which is not in need of rain or any other irrigation; like crops growing in land near a river; similarly the roots o date-palm trees go very deep into the earth so in some areas they do not f need to be watered; such produce is subject to ten percent Z&t.1818. It was n a r r a t e d t h a t :L& 2 $ g w *l ek- - , - ,** , AAMuSdh bin Jabal said: "TheMessenger of All* @ sent me to g 3 4 ek :Fi 7 2 fLYemen and commanded me to 4l 2 <?g, 2 ?f+ 4T 2 e~take one-tenth of that which was -irri~atedfrorntheskvandthat ,, & , r ,.~, ~* : J G ..G 3- ; c i ) J y ifswhich was irrigated by deeproots, and to take one half of one- if P .,-f- ,9 JL@2 ~ & 41 ;tenth of that which was irrigated *% : G ttL?Jl & & -$ ; .by means of buckets." (~a@- YahvS bin Adam said: The Bal . 1 ; "JI;~L 2 - , & G; . .$I ~ -and Athari and Adhyu are (crops)irrigated by rain. Athari is the A l MI : p s; - ~6crop irrigated by the clouds and .$wl $53 $31 9 6213rain especially. It is only wateredby r a i n . Bal is the garden zc M~; [; z ?m,+ G A$,; -,(grapevine) whose roots have slj g PI; ,MIG ; <! .-,- , sgone down in to the earth to thewater. Hence it does not need I, . $ J~ z 9 +;3 r991 ~irrigation, even if it is not watered & &&I .&I J,i? I% - % .:GI !for five or six years. This is Bal.Sail is the water of the vallev . s,,G.&,33 &-al, 9when it flows (freely) and Ghail "& UI; . jI:! ~ ? I ~tG @I; &- Ia lesser Sail. 5 , .Chapter 18. Assessment OfDate-Palms And Grapevines @I d> s q - ( A +I) ;A &.dl) 4 1 21819. It was narrated from AtGb + L ; I 3 &?I k *U b , , - ~ q
  • 39. The Chapters Regarding ZakGt 41 ~u;jrlbin Asid that the Prophet used Ek : 9G & ~ ~ ,# , ,to send to the people one who , d A>{ 3would assess their vineyards and & ; I &G 2 Z L X : ~t 21 $?fruits. (Daifi 9 1 * 2 5$>1 2 ,$ ;3 &g &+I b1 +I I il b $ Ye +;G> p3$ @ -, >& 5 , , I I + Z &+I~ : ~2 2 :+~2j1>3T + p i 1 J~I - *ALL] :G,~-, , ~ r r . :i 5 ~ $ ~ ~ usQ Y~ Crr? + _ir-. :JG> 41 ~ j i ; +A 21 . $6 . . . a GUI:&>id1 J G j l - 2, c L > 2 ,& ! d+ 1 11820. It was narrated from Ibn :&I L ; >l 2 &$ 6 2 - IAYAbbb that when the Prophet g gconquered Khaibar, he stipulatedthat the land, and all the yellowand white, meaning gold andsilver, belonged to him. Thepeople of Khaibar said to him:"We know the land better, so giveit to us so that we may work theland, and you will have half of itsproduce and we will have half."He maintained that, he gave it tothem on that basis. When the timefor the date harvest came, he sentIbn RawShah to them. Heassessed the date palms, and hesaid: "For this tree, such and such(amount)." They said: "You aredemanding too much of us, 0 IbnRawihah!" He said: "This is myassessment, and I will give youhalf of what I say." They said:"This is fair, and fairness is whatheaven and earth are based on."They said: "We agree to take(accept) what you say." (Wasan)
  • 40. The Chapters Regarding Zaluit 42 "19iComments:a. The land captured during a war against disbelievers is the property of the Islamic state. A Muslim ruler has sole right to use the produce of t i land hs for the benefit of the state and the people.b. Leasing out land on condition of sharing the produce; for example: instead of culfivatiug by himself the landlord gives the land to someone on contract that the produce of land will be shared between the landlord and the cultivator, fifty percent for each or, less or more according to the agreed percentage.c. The aforementioned contract is allowed for date-palm orchards and vineyards.d. Trading deals and relations with a Dhimi (a non-Muslim who lives in a Muslim country and pays tax) and other non-Muslims, is allowed, provided no trading deal takes place contrary to Islamic law.e. The yield of h i t s that are used hesh before being dried is estimated while the fruit is on the trees and plants; so after the fmits becomes dry the estimated amount of ZaEt will be taken.f. Jews accused Ibn Raw- & of over estimating with the intention of bribing him to reduce the estimate, but he denied giving up honesty.Chapter 19. Prohibition OfGiving The Worst Of OnesWealth As Sadaqah1821. It was narrated that Awfbin M%k Al-Ashjai said: "TheMessenger of All* @ went out,and a man had hung up one ormore bunches of dates. He (theProphet @) had a stick in hishand and he started hitting thatbunch of dates repeatedly, saying:If the owner of these dateswanted to give in charity, heshould have given somethingbetter than these. The owner ofthis charity will eat rotten andshriveled dates on the Day ofResurrection." (Hasan)
  • 41. The Chapters Regarding Zakiit 43 b~i)tlComments.a. A rope was tied behyeen two pillars of the Prophets Mosque, and the people would hang bunches o date fruit on it; whoever was in need might f eat as wished. The following Hadith is clear about it.b. It is not necessary that the charity be given in the hand o the needy, rather f it may be placed somewhere in such a way that everyone is allowed to benefit from it.c. TIe owner who does not have something of better quality may give something of low quality in charity.1822. It was narrated that Bar2bin h i b said concerning theVerse: "And of that which Wehave produced from the earth foryou, and do not aim at that whichis bad to spend from it."" "Thiswas revealed concerning theAnsrir. At the time of the newdate-palm harvest, they wouldtake a bunch of dates that werebeginning to ripen and hang it ona rope between two of the pillarsin themosque of the Messenger ofA E h @, and the poor Emigrantswould eat from it. One of them . - - -deliberately mixed a bunchcontaining rotten and shriveled 3 . ~ ~ l & 2;I$ & $6 1 .@$ $1dates, an2 thought that this was 2 7 3 .a 1 13 % &.permissible because of the large j:.$Q1 3 $ c ; --*number of dates that had been 2 >G ?>put there. So the following wasrevealed about the one who did L, ,- wi +, ; : ,$ 2 , A:I :, J 4<2:t ~that: ...and do not aim at that 6 dYYWwhich is bad to spend from it. <, & . J qL++% $+ ; 5 3Meaning do not seek out the & :fi $ 4&; j : J$ jrotten and shriveled dates to givein charity: ...(though) you would c ,LC dl l _ I J -G 5&l + 1+not accept it save if you close , ,your eyes and tolerate therein. $ 211 L i 1 1 3.%G ; $ ,$ $Meaning, if you were given this $,cb 2
  • 42. The Chapters Regarding Zak2t 44 nsjrl G + I ~ !as a gift you would only accept itbecause you felt embarrassed, andyou would be angry that he hadsent you something of which youhave no need. And know thatAllHh has no need of yourc a i y " (Hasan) hrt.hT/i:.+ 4 $1 +&!I , d l ?LYI +pi LiriL o.)(Lr!] :G+C Y A O / Y : + W I -s 14! L- . gfl p ~ 4 jD+r/i:> +-3 ~7i-i:~ .+fldI>@Jl>Comments:a. When fruit is plucked from the orchards, some o it should be given to the f poor.b. A good quality thing, according to the best of ones ability, should be given in charity.c. AUSh is not in need of c a i y and alms;it is His favor that we give to our hrt own friends and relatives, but All& counts it for Himelf and bestows immense reward for it upon us.Chapter 20. Zakiih Due On ~ l ~ &C .l- (7,s 4 ) . 1 ~Honey , (Y. GA)1823. It was narrated that Abu 9; 4y 2 $ g d k - hyyS a y y h h Al-Mutai said: "I said:0 Messenger of AUHh! I have -L-Z; 2 & G k :YG . $& SIbees. He said: Give one-tenth Isaid: 0 Messenger of AllHh! 3 $4 $ L a 2 $$I g $ ,Protect it for me. And he ,- J y ~ . :fjjl j : ., a>& $1 6protected it for me."[11 (Hasan) ,t4j ;fn :jc ,*G d 5L"I Meaning, no one was to enter the area o the beehives given i &mi@ f n except b so , he could care for it.
  • 43. The Chapters Regarding Z a k i t 45 Slr;ll +19iComments:a. The Companion had honeybees, meam that the honeybees would make hives in some of his trees.b. Protected means that he was dotted those hives and that none should take honey from the hives in his trees without his permissionc. One may collect honey from the beehives in the trees belonging to no one.d. Ten percent for Zat is due on honey. If one has ten containers of honey he should give one container in Zakiit.1824. It w a s n a r r a t e d from 6 : , , , , l h 6 - AYtAbdullih bin Amr that the ek 62 : ?-- $, ,.,: ,~ 3 pr"Prophet @ took one-tenth ofhoney (as ZaEt). (Hasan) 3 ;- . i; >id; 6; 2 2 ~ L IChapter 21. Sadaqatul-Fitr 91 4~ gi.2 - ( 7 1 +I) (7 z s l ) *,1825. It was narrated from Ibn :$&I r J3 IS,, j k--..k- : ,r_ - AYoUmar that the Messenger ofAll* % enioined Zakitul-Fih, one , .aI5 . = ~ ,Sii of dates or one Sii of barley. $ >f @ $1 j JG; , 2 Abdullsh said: The people madetwo Mudd (equal to half of a Si? .&> , , LG f; .+:> LGof wheat as its equivalent. (Sahih) , z >fi, J $ k & - *D, + JG - .+&>+A ip O + V : t L+ ip L t b M I k i b ?& idJWl :G+. k j 4AZ : r ~ . /IJ s; ." ; P &I +I i& ii$jll e3 i+ flll a*> Y dl JComments:a. Si is a weight volume measurement. Peoples usual daily food should be given in Sadaqatul-Fih by measuring a St.b. A Sii is approximately equal to two and a half kilos.c. Abdullsh bin Umar & did not agree to the juristic opinion that half a Si of wheat is equal to a S F of dry dates.
  • 44. The Chapters Regarding Zak6t 46 ZK$Id. Half a Sli of wheat is enough as Sadaqahrl-Fih according to the opinion of Muswiyah 4,as follows in Hadith 1829. ,~1826. It was narrated that Ibn SD, :>y & 6 2 - AY.i ,-_I, *fs Ejl, j: & a,Umar said: "The Messenger of GI 2 & 4 , c 2 :;g $31A* U & $ enjoined Sadaqahrl-Fitr, % Jone Sii of barley or one S ofZdates for every Muslim, free or JG;5 ; J 6 $ 51,+ , 2 , - 2 &,slave, male or female." (Sohih) <@ > @ ,, 2 + f; F 3 J2 + > LG s : nc ~i .&I c , y 3lI- j o>-) . 41 +I z-io -L I L ~ ~-W I 97 :e+ . 4 1 ~ ~ + ~ j . r:cc;~~U~~ sn +> ,oI: cComments:a. The usual daily food of the inhabitants of Al-Madinah was barley and dates; that &why only these two are mentioned.h. One Sli as Sadaqahrl-Fitr is paid for each member of the family. , ..c. Some scholars adouted the view of vavinr cash equal to the value of one 5,: o i h,od , 3 i ~ . i ~ l j a h l l - l ! t r , th? i~,~hrxi: hut .lnd gcnl~iprarricc ol tl~e(:orn~,dni<~ni u-. 1 1 1 S . ~ J ~ u f ll ,i l r sht~ulzl Ill<!I.nc, oi u511aI~ I O J rrll 1. 1 r Lw ,A of the family; for example: wheat, rice, dates etc.1827. It was narrated that Ibn & 5j . , , , 2 $1 ., b& - A Y V f 4- ~ J= + :yC; ,@I 2 -rAbbb said: "The Messenger ofAll* g enjoined Zaka^tul-Fitr as a , ; ;$ : I $1purification for the fasting personfrom idle talk and obscenities, and &2 $f E L : 2 5132Ckto feed the poor. Whoever pays it g + 2G 2 $$,before the V ~ i d prayer, ) it is an J <. + @ 1 A . 2 SaI $$accepted Zakih, and whoever - ,<pays it after the prayer, it is :lSJ @ $1 J5 $ 23?ordinary) charity." &;an) 3 .Gy,; 3, & dm,
  • 45. The Chapters Regarding Zaktt 47 5591Comments: Paying Sadaqatul-Fih just before the %id prayer is the last time for its payment. Paying it before the day of Eid is also correct. N&, may AllSh have mercy on him, said: The noble Companions used to give Sadaqatul- F i h one or two days prior to Eid. (Sahih A l - B u k f i 1511) If Sadaqatul-Fie could not be paid prior to the %id prayer then it should be paid even after the %id prayer; although it would not have the same particular reward for1828. It was nal~atedthat Qaisbin Sad said: "The Messenger ofAll21 g enjoined Sndnqatul-Fitr g : x , - it, yet the reward for normal charity will be there, and thus the deprivation of reward for Sadaqatul-Fitr may be made up to a certain extant. 3 3 6 2 - AYA c, 2 , & y @ 2 &, 52 22upon us before (the command of)Z a E t was revealed. When (thecommand of) Z d i t was revealed, @ $1 3 ~ ; c>f :J6 & $ +he neither ordered us (to pay) nor -., - - - , , , c OK>! J> dl & &I $;&forbade us (from paying it), so wedid it." (Sahih) i .* $ ; .G mJ2 ? :,e ..U;ilComments: This Hadith apparently shows that giving S a d q a t u l - F i h is not obligatory; however, the collection of Sadaqatul-Fih by Messenger o All& @ and its f distribution among the poor give emphasis that the legislation of rules o f Z a k i t did not abrogate the obligation of Sadaqatul-Fitr.1829. It was narrated that AbuSaeed Al-Khudri said: "We usedto pay Z a k i t u l - F z t r when theMessenger of AllSh a wasamong us, one S Z of food, one S Zof dates, one S Z of barley, one SLYof sun-baked cottage cheese, oneS F of raisins. We continued to dothat until MuSwiyah came to usin Al-Madinah. One of the thingshe said to the people was: I thinkthat two M u d d wheat from SMmis equivalent to one S Z of this
  • 46. The Chapters Regarding Zaklit 48 iKJl +f9i( i . . , dates). So the peoplefollowed that." I > , I 1 . ,, . $ Y :JL dl j L 3 l , Abu Saeed said: "I will continue jfJl Lg .I& > LG 2~ $! r&lto pay it as I used to pay it at thetime of the Messenger of AllZh B, .for as long as I live." (Sahih) ,1 - .L 2 ,i, Jljl Y :-L*; ,i , Ji lComments: A s Abu Saeed 4 did not agree with Muhiyah & likewise Abdullah bin , U r n & disagreed with Mu2wiyah &; as mentioned in Hadith 1825.1830. It was narrated from ,+5 6 2 zJGa I2 - " hY* A d bin Saeed, the Muadh-dhin of the Messenger of Al l* @, ~2 :$:GIJG2 + 2 , ,from his father, t h a t t h e ,, , ; <, 2 < * a f l ; , ,oMessenger o AIl& f enjoined $3$ ;; ;, , ~JSadaqahrl-Fitr, one Si of dates, @ J$> 21 $1 i ~ e2! @ $1 G$;one S2 of barley, or one St ofSult (a kind of barley without skin L~ f; :+ & > L~ + >f +on it, resembling wheat). (Sahih) .+k>LGjf &>Chapter 22. LIshr And Kharij 4-$I; & s q - ( 7 7 +) I ( T Y &dl)1831. It was narrated that Ala &2 :$LI~I @g !- A?b i n H a d r a m i s a i d : "TheMessen~er All& - sent me to " of , $1* e :AjyJl & ., ‘ ; !? 2 +& 6 2Bahrain or Hajar. I used to go to a I , , I 2 &+ 2 &+ :~6 :: F- s . * *garden that was shared by some G j $- ., 5~brothers, one of whom had 2 *-$Ibecome Muslim. I would take the J~ 4, ~ $ 5 . :j6 & i ; ;
  • 47. The Chapters Regarding Zakrit 49 itsjrl "19iUshr (one-tenth of the harvest)from the Muslim, and the Kharrij &dl7 2 j,ji 2gl i , + , .from the Mush&." (Daif) @, 2~,?,,:,i ; ~ r+ 2 09-x tlgl & $S ;Chapter 23. A Wasq Is Sixty L &$ 4~- ( Y Y +I) Asa ( T Y &I) GG1832. It was narrated from Abu :&&I & z $ l G g - AYY 6Saeed and attributed to thefiophetB:"AWasqiss~tyS~." >+q> c ~ u l g , ~ P ,,I ~ E(Daifi !, 2 +, 3p j.&j$l 2 $1 ji z;.& 4f ,y a &G+l ,, .cL.& &$IDJ G @ :Comments: According to modem measurements, one Wasq o Hij& (MaMah, Al- f Madinah and Tsif) is approximately equal to 180 kilos (as Ibn B& said in his Fntz9wa) and 629.856 kilograms (according to the research of Shaikh F h q Asghar Skam Pahtani); and according to modem measurements, one Iraqi Wasq IS equal to 189 kilograms (said by Shaikh Fkuq S&am; and it is much bigger according to Ibn Bh).1833. It was narrated that JHbir Gk :?$I 3 L & - AVVb i n AbdullHh s a i d : "The $I A % ~2:& %Messenger of All& g said: A ! , . 3 46j+ 2 c~;&I ++ F > .-" J Z ~ ,Wasq is sixty Sd." (Daif) : g $1 J+; J L :JL $1 g2 + $& ,I ,, . I , d .ULG .& I I :~ +I C [I&+GL!I :G+-
  • 48. The Chapters Regarding Z a k i t 50 5c;jtlChapter 24. Giving c h i t yTo Relatives1834. It was narrated that Zainabthe wife of Abdullsh said: "Iasked the Messenger of AUh @:Will it be accepted as charity onmy part if I spend on my husbandand the orphans in my care? TheMessenga of All& @ said: Shewill have two rewards, thereward for charity and the rewardf o r u p h o l d i n g t h e ties ofkmship." (Sahih) Another chain hom Zainab thewife of Abdullsh, from theProphet @, with similar wording.1835. It was narrated that UmmSalamah said: "The Messenger ofAll31 enjoined charity uponus. ~ a & b , the wife of Abdull&said: Will it be accepted ascharity on my part if I givecharity to my husband who ispoor, and to the children of abrother of mine who are orphans,spending such and such on themand in all circumstances? Hesaid: Yes." (Sahih) One of the narrators said: "She
  • 49. The Chapters Regarding Zakit 51 &IS$! !" 9Iused to prepare handicraftarticles."[" . . JAE i &Ul+ d l , 1 - : rj;Comments:a. A husband is responsible for the expenses of his wife and children, whereas a wife does not bear responsibility for the expenses o her husband and f children. Therefore the spending of a husband for his wife and children cannot be considered as Z d i t , but the spending of a wife on her husband and on her children will be S d q a h (charity).b. Giving financial support to the dose relatives, if they deserve financial help, has more reward than giving in charity to others.Chapter 25. Begging Is # ~ , , , u> q . - (TO e l )Disliked (TO &dl)1836. It was narrated fromHishGm bin Urwah, from his 2, 3 > 2G k - AT7father, that his gandfather said: 3 G & ek :9 L . &yq! $1 @ "The Messenger of AlEh @ said: : o% %? c2;9 ,rG +If one of you were to take hisrope (or ropes) and go to the pkf x $ rn : :g$ 24; Ji $1mountains, and bring a bundle of & & g s 3 && , f j . -firewood on his back to sell, andthus become independent ofmeans, that would be better forhim than begging from people &32- $ ,$ a. 0- .9 *: .:- .f & 3 .f @ !$ , .>fi, Jk3 , $-w h o m a y either give h i msomething or not give himanything." (Sahih)+*- j i.vo:, . 6, L,1I& , 4 "4 r d l C + ~ Wpr=/ I :c+ .vvr ~ v l : c a , r ~ ~ p ~ & ~cl++ , d c2~Comments:a. Begging is abhorrent in the sight of Islam.b. If a person is unable to find such a profession that is considered decent in the society, then one should not mind doing labor work.1837. It was narrated from C :G 3 2 G k - L AYVAbdur-Rahmh bin Yazid, thatThawbin said: "The Messenger of + $2.3 4f +! 2 9 2;@ Meaning, she worked, and that is why she had wealth to give.
  • 50. The Chapters Regarding Zakrit 52 nrjllUl21All* @ said: Who will commithimself t o one thing, I will SG2 , 5 &>I, , L&J 3 : +guarantee him Paradise? I said: Iwill. He said: Do not ask people & & 2;) :% $1 J+; Ji :Jifor anytlung. So Thawbh would :Ji . cf :3 uy&jb f 3@drop his whip while he was on .+ u &f?Jl J ~ , 3nhis mount, and he would not say L g j :Jito anyone: Get that for me ratherhe would dismount and grab it." $; 2:- 9 $ ~6~ z ,&(Sahih) i- f. 8 . , 2 - c :& J !,+: 2 % .;xe~G JL Y d~~ @ . $>$I G ~ I I ~ : J U I+ T [ p - :c+ , I : I 7 L= d3 t4! +j &i +-LT ~49: C . L ~ , U I &dl, ~ $WI -9 yComments:a. Contentment is a source to enter Paradise.b. What a person is able to do by oneself, it is better not to ask othefls help for it.Chapter26.OneWhoAsks ,.&>J~$$.-(YT+I)W h e n He Is Not In Need (TI &-dl) 21838. It was narrated hom Abu Gk g - &Hurairah that the Messenger of : .- . fI!$d , ;f j ~ y ~All* @ said: "Whoever begs ~ ;;G > & ~from people so as to accumulate JC :JG .,-, a , :,~? f :,more riches, he is asking for a live .I1 ; r ~ G J iS; J = Jcoal from Hell, so let him ask for &f?JlJ ~ Z 2) :@ $1 J$$a lot or a little. " (Sahih) ,~L I* , .I * I , r;c, + . r : &u ~ a t d i &I$"L iJi;i~I~.L-P + 7 IF] p :G+ .? &+ aComments:a. Begging without a dire and real need is such a big sin, that a person thus entitles himself to the burning coals of Hell.b. Avoiding unlawful earning is compulso~.1839. It was narrated from Abu ! t?! ; t- . m, y g ?- AY9 & -Hurairah that the Messenger ofAll% gj said: "Charity is not &L , 3 & $f 2 G ~2 8 Gpermissible for a rich person, or 26 :J6$33&f,3 c d ! - $1
  • 51. The Chapters Regarding Zakirt 53 5Sg -19ifor one who is strong and ,healthy. " (Sahih) y3 & &JI 9~ .& $1 24;Comments:a. A rich person, means he who has enough resources to make do with. One being unable to have a lavish lifestyle does not entitle him to take Z&i or to declare &/her poor.b. A healthy person means someone who does not have such a physical disease or disability that he/she is unable to earn a livelihood.1840. It was narrated fromAbdullgh bin Masud that theMessenger of All* said: 2 :J%I ,;a622 N~ G% J~ - ~ f . Gk"Whoever begs when he has g . +- #,, ~, $ $ 4enough t o suffice him, his ,begging will come on the Day of 2- $ $1 +? 2 t%f 2 <&J , $1 ,Resurrection like lacerations on 3j jk ; :% dl; ;2 l :26 -2, * *, .,,. , ~ , ~ 6 ~ ,his face." It was said: " 0Messenger of Allsh, what is 5 L".sli 7 r~ d L &id I -. ; ,sufficient for him? He said:"Fiftv Dirham. or their value in * < 4 :A J ; ug3dLjzjfk$ . , , gold:" (Dain Another chain of narrators forthe Hadith has been discussed bySufyk (one of the narrators). i ISJ? ! &i$n :26 ?& .U + L i I l & * 6; !&I , ,Y a., , & 5 51 :* A, &-> , J& Ir ,p , ah& , , 3 :a% ~ ,, JLZ .$$ ,&2 .&J;sJl , , , g$-> $ i&I LJ - ZUI A. +&;$)I ,>I> + ~ i [a zG+ OAL~Is + :&.31 JG, C ~ O . : ~ LJ - c+ 234 1 3 TYI:~ G& +> 3 pJlJ+ a 3 + 3 j + hv w &J +>>> .+i Al> % ?Comments:a. If one possesses a reasonable amount of resources then one should avoid begging.b. A rich person is allowed to ask for financial help (Zak2t & charity) in some circumstances, these conditions are coming in the following chapter.
  • 52. The Chapters Regarding Zakrit 54 SK-31u191Chapter 27. For Whom IsCharity Permissible? 2:- , (YV ~~l1841. It was narrated from Abu ~2: 6~ - Saeed Al-Khudri t h a t theMessenger of AlEh % said: + ; & 3 -G $f -l;l : qii -"Charity is not permissible for a inrich man exce~t five cases: One * 4 3 2 L+$lL&> ~$7 3 yuwho is appointed to collect it, awanior fighting in the cause ofAll*, a rich man who buys it :g 41j ; , &q : 9 & g 26 .J 6 &! ,z u l .jL b -, J , *,.with his own money, a poor manwho receives the charity and 2~ ~ ~ p j f ,41 ,, 2 j@ , $ 1 ,, . ,gives as a gift to a ~hman, it jf cg GIGL &L6 ;U 3 j f.,and a debtor. " (Sahih)y,1 "I "Conunents:Charity : ji J ; Yrvt:c , j j "L . c L . 91842. It was narrated fromSaeed bin Yasir that he heardAbu H u r a i r a h say: "TheMessenger of AlSh @ said: No $one gives charity from goodsources - for *llih does notaccept anything but that which isgood - but the Most Mercifultakes it in His Right Hand, even if iQ>l &I - .c- Y >ig ~hit is a date, and it flourishes in theHand of the Most Merciful until it > >,I> hrt :$&I a @ ; c -I,> ?LZ I . * $ 4 $ ; + i [ , . aaLt.!l :r+ L&I p p.p j b j& I-A~.va. When wealth o Z&t or charity is given away, and has been handed over f to a valid recipient, its status of being c a i y changes. $ 3 2 ~ + * 3 +@I + G : I ; ; 4; : 2 J & y3 4> $+ &I &2 ,, .. .,- .b. If a poor person offers something to someone rich as a gift, there is no need to find out if the poor got it by means of Sah?qah/charity or by another 2 .y p j . means. It is not a charity for the one who accepts it as a gift, so there is no harm in accepting it.Chapter 28. The Virtue Of @ $4 ( Y A &d .l ) - 3 & 2 GI ~ t f s b ~ Yk! &!I >l c45 5 , , , G I * $ ; L 9 4 ?n:t ( Y A +I) 6 - *,:, , + ,,a, IA~Y ~1 D I I SjK
  • 53. The Chapters Regarding Zakat 55 esjflbecomes bigger than a mountain, ,, , 3 ;; & pr i $and He tends it as anyone of you @-would tend to his colt (i.e., youngpony) or his young (weaned) g~ -,f; ; FGf $camel." (Sahih) . ~ i I+>> : ~ 41 j Z ~ JGI -4 G, +- 1 :=+ 41 . JI 9 . 6 ~ , ~ f r 9 t i z . : c + ~ q ~ ~ &+ L,+ I L . & ~ iComments:a. Sincerity near All& is more important than the quantity.b. A little amount of charity given out of sincerity is also a source of immense reward.1843. It was narrated from Adi G k :* 2 6% - A i l "bin Hfitim that the Messenger of 3 "/&vI :& +; , , , ,,All21 said: "Each one of you 3will be spoken to by his Lord, $1 34; jG :jG +L 2 & G , - 1%with no mediator behveen them.He will look in front of him and % ;, - ,z; i Gu"! ; $1 -, > ,the Fire wiU be facing him. Hewill look to his right and will not ,Q ; l ,* : . . , * % ,;g> - G3 _,,. *>see a*ng - but som&&g that .a& YL& % + G! 3he had sen: on before. He willlook to his left and will not see .~2 + @ .Ji dz 3 $, ,anything but something that hehad sent on before. Whoever &$ ;5 ;Q1 $ ,. g 2 & L k l .,.: &amonx you can save himself from ?Y.the F& even with half a date, let C~L- LlF :c>him do so." (Sahih)Conunents:a. All31 Himself will judge every person on the Day of Reckoning. Speech is one of AllWs Athibutes, the reality and condition of A h ls & Speech is not known to us; however, it must not be given resemblance with the speech attributes of any creature. One should abstain from giving a metaphorical meaning to such Attributes o All% fb. Small good deeds should not be ignored on account of their being small. It is unknown if one will have an opportunity for a great good or not; and if a great good deed has been done, how much is the shortfall in it!!! Only AlEb h o w s whether it is worth being accepted or not!1844. It w a s narrated f r o m ;2$i df 2 ., 3 G? G% - ~ f fS a m n bin h that the DabbiMessenger of All& @ said: $1 , 2 , g;62 :qc ,&2 p"Charity given to the poor is 2 ckd 4 3 +?
  • 54. The Chapters Regarding Zak&t 56 iKJJI U1n!charity, and that given to arelative is two things: charity and < G* L& . 2 .&y , . : , f ; ,*upholding the ties of kinship." RI &I 1% $1 J; $ j :ji2 i 2 01(Sahih) ~ I $ I $3 &i Eb &I &Comments:a. Ones close relatives and friends should be given more importance when giving charity.b. A person giving Sadaqah/charity; if he has a religious obligation to spend on dependents, spending on them is not that of Z&f and Sadaqah/charity, rather he should give Z M f and e t y to those needy relatives who are not his dependents.
  • 55. The Chapters On Marriage 57 ~ U+19i I I I 1 In Ule Name of All%, the Most Beneficent, the Most Mercifil 9. The Chapters On (v m i ) c&3~ 331(s +I) MarriageComments:a. Nik& linguistically means (to unite and to bring together). The real literal meaning of Ni!& is to have sexual intercourse; and the metaphorical meaning of Ni!& is the bond of marriage.b. The noble jurists defined Nik& through various definitions, and one of these is: "N&& is such a bond from which the act of sexual intercourse becomes lawful, and the bond of marriage takes place with the words like: In!& or Tazwij or other words derived from these roots."c. Nikrih is the Sunnah of our Noble Prophet @, as well as of the previous Noble Prophets . t As the statement of All&, the Originator, the High is: @ + "Indeed We sent Messengers before you (0 Muhammad B ) and made for them wives and offspring." (Ar-Rad:13:38)d. NiUh is a compulsory duty for a person who is physically healthy and can afford the expenses of marriage and the living expenses of a wife; and also if he has the risk of indulging in adultery and other lustful desires which he is unable to get rid of even if he observes fasting.e. It is unlawful for such a person to many who is physically unfit for maniage, or unable to afford the matrimonial expenses; or for he who wants to have a second mamage with the intention to oppress his first wife.f. If a person is naturally harsh and fears that he will be unjust with the wife after maniage; then marriage is disliked for such a persong. The Nikrih is desirable for a person who is of moderate personality, he has no fear of indulging in adultery or other lustful desires, and he can afford matrimonial expenses.Chapter 1. What WasNarrated Concerning TheVirtue Of Marriage a) ( cJ Gl1845. It w a s n a r r a t e d t h a tAlqamah bin Qais said: "I was ;I: ; + $G 2 41 - ! A ~ Owith Abdullih bin Masud in 3 ;-6;.5 I 2 - 2 & ~z?& , # a , er, 3 :hG 2 ,2 *Mina, and Uthmin took him ,* ~aside. I was sitting near him. * 2 +l;LU- said to him: Would you G .A 2 $1 @ .a& 2 ?-
  • 56. The Chapters On Marriage 58 C-l vgl l llikethatImanyyoutoayoung ss : ; ~ 2 j GG~3w ,virgin who will remind you ofhow you were in the past? WhenAbdulEh saw that he did not a2 332 i , 22G $ , & f:; J 3f :want to say anything to him apart ,,&I ! J; @ &,.afrom that, he gestured to me, so I "-. $1- 5 ;kf lL 6h 2~ 3 3 , came and he said: As you saythat, the Messenger of AlEh i % ji a 4; 3 2, :J$ $ & ; " .?.said: "0 young men, whoever , u+l GD ; ;Jamong you can afford it, let him ?get married, for it is moreeffectivein lowering the gaze and s s$ .e;$ f : i&$l& kklwarding ones chastity. Whoever +% F 5; .& ?, : .- ~ f ; , @& n o t r;fford it, let h fast, for it & .r:+ -s ~ $ 3 C ~ * L &Gwill diminish his desire." (Sahih)+$I e; " SL ile/ Cd~ "L ~~41 C+WI :c+. . . 29 *J, 1 4-rh; 4 "4 ‘zmI +, 40.7009.0: e ..,bLl+-iT;p 2..:z21Comments.a. The greatest benefit of mamage is protection against a sinful life and the fulfillment o sexual desire through lawful means. This great benefit is the f main objective of mamage and should be focused upon at the time of marriage; other benefits will then be achieved thereafter.b. A person can control evil thoughts and temptations with the observance o f fasting, and thus the natural desire of sex does not get out of control. Therefore if the marriage of a young man or woman is delayed for any reason, he/she should observe fasts frequently; and they must also avoid the atmosphere that incites temptations, such as the study of certain literawe and magazines, inciting songs, movies, films and other such seducing activities; so that the wannth of youth should not force one to commit sin.1846. It was narrated from ~2 :$jvl .6 ~7 62 -&shah that the Messenger of > ~ * ,~ Gk :,gAll* said: "Marriage is part of Crdl@ (3- j! & rmy Sunnah, and whoever doesnot follow my Sunnuh has nothing :% +I JG; j6 :a~ &G ,to do with me. Get married, for I , &* $ .& > $JI~ & $will boast of your great numbersbefore the nations. Whoever has +; > C gp I ; ; L &$ .& $ ,the means, let him get married,and whoever does not, then he ; . $ 2 @ J& 1:> ~Z L S ; .$I * 2
  • 57. The Chapters On Mamage 59 czil +19!should fast, for it will diminishhis desire." (Hasan) ."~+3f+i15$ . c & a ~ & + j: d +Uy ~ + 2OJL! :++_*jl JL3 iI - :&iJL+~+J G i;l~+e. F~~ j i ~ j J = - ~ - M ~ ~ j ~ . d i j l J& ,&&I . p2JJ-C- 23Comments:a. The abundance o children &om Muslims is a religious demand. Therefore, f to strive for it, through getting married and keeping the matrimonial relationship established is also religiously recommended. -b. Marriage is not a hindrance for spiritual betterment.1847. It was narrated from Ibn cx : 2 6 * ,"Abbb that the Messenger of :*& ~2 ; @ +AlEh g said: There is nothinglike marriage for two who love $. j. w . @l;j ,,., ~f , ELone another. " (Hasan) ; :@ 312 ~ J6 :J6 dG 21 , 5 ;Chapter 2. Prohibition OfCelibacy MI2 21 , 4~ ; - (Y 41) (7 a l )1848. It was narrated that Sad L& 2 552 ; 6 2 - ? A ~ Asaid: "The Messenger of All& @ ,~ > g2disapproved of Uthmin bin $. & Lf L;@Mazuns desire t o remain a 3 Al , 3 G$l .- +celibate; if he had given himpermission, we would have " 2 ; & & @ A 1 ,, JG; ; :j,j , ; agotten ourselves castrated."(Sahih) p &g 3 2& $3; .Dlc+> ~ o - v r :w 3 j .A. L "I+ C , ~ 1 91 . ~ L + ~ I~ I ~ : C ~+J=- 2 . Y : c ;p 1 8 . . . &pkJ3 d2 CZt & +! - I "I + "L <ea -?- j!r"?!Comments:a. Uthrnan bin Mazun & was a very dedicated worshiper and was fond of it. He thought that due to the busy commitments with a wife and children after getting married, the opportunities of voluntary worship, i.e., observing voluntary fasts will be little. So it is better not to many, but the Messenger o All& g did not allow him to live a life without marriage. f
  • 58. The Chapters On Marriage M) (="I u19?i Ib. Seeking nearness to AUih does not mean that one should avoid even lawful things like the Hindu and Christian monks; rather closeness to All* is earned by practising the guidance of Shariah in eating, drinking and through living the daily life. Depriving someone from sexual ability and desire, or to try to deprive oneself from this ability, is prohibited in accordance with the Shariah.1849. It w a s narrated f r o mSamurah that the Messenger of * ..: j- - I ,. .: - hi9All* -.forbade celibacy. ,:?& 2 ;GG k :qc & .,<:r PY , Zaid bin Akhzam added: "AndQatZdah recited: And indeed We 5f ; 2 $ dl 2 ;;g 2 dr, .sent Messengers before you (0 .@I @&:@&&qMuhammad B), and made for a,< c: ,, ,,*s ,* ,,them wives and offsofinp.,,,[l~ ~K D~ 329 :E>b193 1 ~ 3 a 1 4j 215(Sahih) gg + E; & : G $ ; ETA :hJI] . fz$;j. .A.;:c . @I ;"j. ygjl . j+LL. icUI ~l;. ?L & + j iL F 1 :?j cjY Y ~ ~ : ~ c o ~ / I : ~ L p I ~ ~ ~ -~9~- c A ; ~ e :jtij t+ryi2+j~+,&,=I -+ -, ca+j z L p &I L3b ;"j. rt.h a L 3 &I &.A 2 apJ .a ~L:SUI+*JI~ . n r : ~ ~Comments:a. It is certainly wrong to regard celibacy a good deed; whether it is performed in the name of Sufism, monasticism or in any other name.b. N! (marriage)is a Sunnah of all the Prophets a. i&c. The noble Prophets &B were not the beings created from light, but they were human beings, and the best of the creatures, and they married, and they had offspring too.Chapter 3. The Wifes RightsOver The Husband &d$ls LF - (T +I) (T1850. I t w a s narrated f r o m : .- 1 :~&;f $ J , ; G k- ,A&,.Hakim bin Mugwiyah, from hisfather, that a man asked the 23 &f 2 G #y ., t ; j ; G J k., ? a -$Prophet g: "What are the rightsof the woman over her husband?" ; $ 5f %f 2 + #y cG2C$He said: "That he should feed her 7c;y J if$l 2 :g 9, ., JL Cas he feeds himself and clothe her && .;ct& ifj @ ifu : j~;as he clothes himself; he should
  • 59. The Chapters On Marriage 61 t U 3 l Uls?inot strike her on the face nordisfigure her, and he should not , 3 . 3:~ $ ; .ggl y, , $* 9 . ; slabandon her except in the house(as a form of discipline)." (Hasan) , & kj iipil + j :?i: g c C>,I> ~ 3i z +pi r ~ F aaL1l :&+ .:L>$~L.&~YSY:Comments: 2a. It is the obligation of the husband to provide the daily and essential needs of the wife such as: food, clothes and accommodationb. A husband has the authority to give an appropriate admonishment to the wife for her mistakes.c. I an ordinary admonishment is not affective, a light physical punishment f may also be given, but hitting on the face is forbidden.d. It is permissible to stop talking to her temporarily in order to express auger as a n admonishment, but to get her out of the house or the husband leaving the house for several days is not right. The presence of them both behg at home together gives hope to getting rid cf anger sooner.1851. It w a s narrated that : .- $1 a$iff%- " AnSulaimk bin Amr bin Ahwassaid: "My tather told me that he + 3 q;2 2 *I *was present on the Farewellpilgrimage with the Messenger of $ 3p . , 2 3 & s, d222 - J I @jI 3 &f, 22 $ L aA l l a g. praised and glorified He . .~ l l 2 h ;a n d r e m i n d e d a n d :& $1; & j ,gexhorted (the people). Then he p4J :Jli 3 k,, ,, ,*:-said: I enjoin good treatment of p? -IF JS i . 3women, for they are prisoners ., , s , : *;with you, and you have no right & i . , $19 ;rslkto treat them otherwise, unless . &$ , e- , sf Gl .&! p *@ * * -. ,they commit clear indecency. If r r . r r :they do & then forsake them in & Fd ~3-" igtheir beds and hit them, but % $&f $ . c .3 L ; > ? $ > ;Iwithout causing injury or leavinga mark. If they obey you, then donot seek means of annoyance & .& ! + *q3against them. You have rights iFit.+over your women and your S$ $ > .p$ , *L; $women have rights over you.Your rights over yo11r women arr cvf ,i$$ 3 +-. , g3that they are nor +n illov ,~nyont, $24 3~ i f 1 % 5 $
  • 60. The Chapters On Marriage 62 CW!whom you dislike to tread onyour bedding (fumiture),ll1 norallow anyone whom you disliketo enter your houses. And theirrights over you are that youshould treat them kindly withregard to their clothing andfood." (Sahih)Comments:a. The husband should supervise the manners and character of the wife, but being suspicious and doubtful for no reason is not right if there is no clear sign to cause doubt.b. Clear indecency means such activities which may increase the chance o f committing adultery if they are not challenged and prevented. In case o f adultery, there are other replatiom which are mentioned in the Qurh and Hadith.c. Being respectful of guests is necessary, but if a person visits whom the husband, does not like, then the wife should care for the sentiments o her f husband, and should make her apologies and not let the person in, or she should say that the men are not at home so come another time.Chapter 4. The HusbandsRights Over His Wife & &JI >+ - ( 2 +I) ( 2 L i d ) &.il1852. It was narrated from &f &shah that the Messenger ofAll& . said: "If I were to @command anyone to prostrate to * 2 . 2 , c+l % 2 ;e 2 ~ 24; ; ? ?, d banyone else, I would have , , ,, - 1 6 1&>I :JG @ $1 ; J 57 *LZcommanded women to prostrateto their husbands. If a man wereto command his wife to move * , .* 1 $1 4~ I ,a > ; & gf l? +(something) from a red mountain @if s yl >f :f-a 5f $3 . i.&--2to a black mountain, and from ablack mountain t o a red Gffik2 (+ffiJ~!Pffi ,: : g : *,mountain, her duty is to obey &.!$~af f i J 1 Jhim." (Daifj ~ 5[I1Meaning, that they are not to let anyone you dislike in your home, as mentioned in the following statement See T&fihrl-AkuadTri (no. 1162) and explanation by Sindi.
  • 61. The Chapters On Marriage 63 ~ W"19f I1853. It was n a r r a t e d that L % :51;> 2 >jr 6 2 - A O YAbdullih bin Abu Awfa said:"When Musdh bin Jabal came V dl 2 +$/ 3 5 $ 3 :ekom S M , he prostrated to theProphet @, who said: What is :.G 31 5 $f + &, 3a, I Muidh? He said: 1 went 9 , .@ -, SL 2 :G P- l3 ,Jto Sh2m a n d saw them iYiG ~t : j ~ I~ G8 :JGprostrating to their bishops andpatricians (i.e. aristocrats), and I .G &* , ,s ~ < ; . . ~c&epp :* , wanted to do that for you. The ,: .<Messenger of AlEh g said: Do JG .& 4: ,: & AI 2 2 A;?$not do that. If I were to command . , .I 1 I :& $1 3 ~ ;anyone to prostrate to anyoneother than AlGh I would have A 9) 2+ , . f 767 icommanded women to prostrateto their husbands. By the One in !$ $& $ , & .1+;2 $ if jWhose Hand is the soul of 3 $$ 3 ,> $ $$ 9Muhammad! No woman canfulfill her duty towards Allfih . 4 & $3 G g3 gk kj; jun61 she fulfills her duty towardsher husband. I- he asks her (for f intimacy) even if she is on hercamel saddle, she should notrefuse." (Hasan)%bJ + ~jj. i k +JS- ; YY/V:& p , [ ak-l;I] :c+ .;> a l p dg t T 9 . : C i(>,lp)A+ -J t(l"A / f ) I & : & 3 Jlrlerj b1Comments:a. Making prostration in worship to any of the creatura is disbelief; the prostration of respect was allowed m the previous religions, but in our Shariah t i is forbidden too. hsb. Some people say we do not prostrate to the saints but kiss their feet, or fall down on their feet to please them; t i is also prostration Unlawful acts do hs not become lawfd by changing their name.c. A great objective of marriage is the protection of honor and chastity; therefore, the wife must not ignore the obligation o fulfilling the sexual f desires o the husband. Also the husband should equally fulfil1 the desue of f the wife as he feels that she desires it. The mention o the woman in the f Hadith is mostly made, because the refusal of matrimonial relations is usually from woman and vice versa is very rare.
  • 62. The Chapters On Marriage 64 "191d. The wife should take care o the honor of the husband. f1854. It was narrated from .- 4f d , f ? 2 - !hotMusswir Al-Himyari from his a,.? > a ,<,,mother that she heard Umm 2 $1 4? &f 3 c *Salamah say: "I heard theMessenger of Allsh @ say: Anywoman who dies when herhusband is pleased with her, willenter Paradise." (Hasan) csG > . -, . p J3k ::%q <~ .j a - 2 G~~:J+: , r I - , , ~ >J :&,j : ~ f ; ;J g+ .&j & "+ l I & ,I ; . && .Chapter 5. The Best OfWomen LI 3 1 4 ; - (0 , - d l ) d o (01855. It was narrated from E k :>G3 ;& E I % - AooAbdullsh bin Amr that the 3 s~~: , : J **Messenger of AUih ig$said: "This &% &world is but provisions, and thereis no provision in this world > j , ~2 * , $1 g+ $f $1 ?cjbetter than a righteous wife." g I. $ 2 I , I # I I , I g+(Sahih) $21t~& 3 3 .ig d18 $ f i , GJUI J$l ,, p ,,a- z+2+ c T O L : K p3 cCLZ t & L+ . d +j ji &I+ + [PI :&d:J+ + &I ~ii- F ~ $I jr+ ~ 4~ &$ ; 0 p 2~ f ~ q : ~ klUl il,dl L;dl cb p3 1.;i" cbComments:a. The righteous wife is a great favor, because she proves to be a good advisor in worldly matters; she is a good life partner and she assists her husband in matters of the Hereafter; thus both achieve high ranks.b. The righteous husband is a great favor for the wife too. - , "1856. It was narrated that g 9p dl ,. > & G?& ,Ihawbgn said: "When the Verse & . ::A, O P"
  • 63. The Chapters On Marriage 65 =1 iK1 ; u19T concerning silver and gold wasrevealed, they said. What kind ofwealth should we acquwe? Umarsaid: I will tell you about that.So he rode on his camel andcaught up with the Prophet a,and I followed bun. He sad: 0Messenger of All& what kind ofwealth should we acquire? Hesaid: Let one of you acqwre athankful heart, a tongue thatremembers AllGh and a believingwife who will help him withregard to the Hereafter." (Hasan) r.qizC +$I g J y 2j :"L cb7,.d~ 4 &$I ++i* [I2 p- +L :&>Sii;-Jl . di : JGJ c ; r :JGJ 4 r L. +L j ie r 1% ;; rbdl+ij .r11/o:*p2i L 4 ~ I dJ t.2J2! JG i s 3 G *p ?I :JLZ~ j 4 ;c jU 6 3 1 +.I1 j9, Y r / l : J M I ? g $ +&I ++ jrj c Y ~ o / A : L L J I j;?L-,+T +j OJX z 3 Y! G J Y p3Z ~ + 0 &J-lj tab ;ri dJ + ;r .+ .. 4j9 -+jlJlComments:a. The sevae rule revealed in regard to gold and silver is this: "And those who hoard up gold and silver and spend them not in the way o AU&, f announce unto them a painful torment." At-Taubah 934.b. The woman who has faith in her heart, she herself would reflect upon the Hereafter, and she will also assist her husband to adopt the way of righteousness. Therefore, such a virtuous woman is a great favor of All&. Any Muslim man should value a woman like this.1857. It was narrated from Abu 62 2 ;$ 6 ~J - AOVU d m a h that the Prophet @ , . 2 2tG 6 2 :& :, .-used to say: n ~ o t h i n g of more is , ~ - 3 u 4d 4benefit to the believer after Tnqwaof All& than a righteous wife +I @ %&22 g 2 &d : - , , :j5 L ~ K+/ fT , 2whom, if he commands her sheobeys him if he looks at her he is fi 3 T~ 6s .- ;tt 2 G:kIGD &?.I ,pleased, if he swears an oathconcerning her she fulfills it, and ~ p 7+ . +G 5 ; , . %&f $ - 1 ;&when he is away from her she issincere towards him with regard is p$,&+f is .z> ul9 , , , ,,
  • 64. The Chapters On Marriage 66 +lwi ito herself and his wealth." (Daf) t I j !Chapter 6. Manying A I I - ( 7 +)Religious Woman (7 I11858. It was narrated from Abu 6k I :+Z 2 - AoA iHurairah t a the Messenger ofAll& ht said: "A may be ~ i $ * , + $1 G3 $.* 2s iI imarried for four things: Her 4f 3 %f 3 ++ &f +, + . + -,wealth, her lineage, her beauty or $dl :JG 51$ , ; ; 1Ifor her religion. Choose the "religious, may your hands be - l& l ; . . . !; d& @ & ; J ; qq :$ !rubbed with dust (i.e., may youprosper)." (Sakik) .dl& 43 &I , , +I& $J L .&4.&Comments:a. The desire of having a good wife or good husband is a good and correct desire, so the procedure o choosing the spouses should be correct. fb. The real reliable standard and procedure is righteousness and fear of All*. The righteous wife remains the symbol of honor even in poverty, and in the time of prosperity she does not become arrogant and disrespectful to the husband; the woman from a family of high status is sometimes h o w n to have the bad habit o pride and arrogance. fc. The Hereafter gets better too, because of a righteous wife, and the husband will be better off from all aspects.1859. It was narrated from 6 : 6 hoq -Abdullsh bin Amr that theMessenger of All& said: Do 2 @ 2 $+ 2 &+51 &?Inot marry women for theirbeauty, for it may lead to their : & 3 ;3, 22$1J6& ,y922 &I YU :@ $1 ; ~, :JG . , ., c3-jxl 1doom!] Do not maw them for : ,their wealth for it may lead themto fall into sin. Rather, marry $ 3. ? . ,<, 6 , ~s, <, 1 , 7them for their religion. A black .$ ~sf.r>jiYYj .w.:k y % ,slave woman with piercings who & sg;3 ,@ if 3,1sf B-use o self-admiration and vanity. f
  • 65. Ilre Chapters On Marriage 67 em1 +l9Lis religious is better." ,a+ &p 6 ~ 2 3%; . $41 . tw-, + &,iyl *Jt+ L b2 h - - /V :&I [&+ ."W oi:. a ~ h l l f % y ~-9j1Chapter 7. Marrying Virgins ,ljf;%l Gg c2> - (V +I) (V kL;II)1860.It was narrated that JBbir :$ 6 2 : 2-7 1,- . , ;: >b"* " U-k- - AT*bin Abdullih said: "I married a 2 dl 2 cL& @ $1woman d i i r i e ~the- time of the . ~~- n ~ ~ - ,,Messenger of All& g, then I met fp-l G ; 3 I h i oY $1 @ + 2~ 2the Messenger of All!& @$ and hesaid: Have , u married. 0 vou cot $1 3 4 ; && .@ $1 44; & &JBbir? I said: Yes. He said: To a , I n y > ~ &$ : jG @ ;virgin or to a previously-married :ji : f; r V ~ *&fl :jiwornan? I said: A ~reviouslv- , . .married woman. He said: Why , ~ ~ $ 73 : 3 ry,,,,j G~not a virgin so you could play ,, ,arr .Lwith her? I said: I have sisters ~ I X :DE $ J <. : &d -,and I did not want her to create a :.eouble between them and me. .UbiLHe said: That is better then."(Sahih). h 0 : I I G I L &." + *; i :&& .+ 3+ 3 &I+Commentsa. Tne gathering of all the friends and relatives at the time o maniage f ceremony is not necessary.b. It is not a bad thing to marry a widow or a divorcee. The word Thayyib in the Haditl~is used for both the widow and a divorced woman.c. The marriage of a young man with a young woman is better, because in such there is hope for more mutual understanding.1861. It w a s narrated f r o m :&I$[ J&,i 2 +L ; I 6% - ATAbdur-Rahmgn bin SBlim bin > ~ , .:2 ~:2Utbah bin Uwaim bin SBidah -4r 4 -,.HI-AnsBri, from his father, that his * :, agrandfather said: "The Messenger + + ? + + + $ &L $ .p31 - ,of AllSh # said: You should j :hti $3 %f 3 cAJ&$l 3 ., &L
  • 66. The C3ptere On Marriage 68 "Iff!m e i virgins, for tlieii mouths ,:&, &3,L,w, :% j; j 4 tare: sweeter, their wombs ire % @ i ? s;,fi, sf2LGI$f +kf- , ; , Imor:e prolific an& they a r e ,Lg;f.satisfiid with less:" ( ~ a / ~ : .~ 4 4 i6 1, + .& ~ : ~ +p!k&+ r n : c c l s , / ~ v GI+I ~ ) aaLilp"l j, ;( l C?F ji , L . J &I+ :a@ Y l &i L- jTiilig.+- C. & . J J J . ~+ z L C6x9 d 4~ g ; ;p2jl+ . i :$gill J . G , cyl&l pJ ..pf fd/Y:&l V+ hly:d; &jl+Co~mene-a; Widows and divofced.women shodd also be. W e d ; but if the handof a widowand that of w o r n who has never been5 mafried is,available,. the one *ho has never been married: should be given preference; particularly, when theman is young5. Sweet mouth meins those who have not previously been married are more bashful; they try moreto keep their husbands happy, and they avoid liarslinessin cbnvemation.c. Conferitment is a good quality, and the iyoman who has this quality will prove to be a good wife.Chapter 8. hfarqhg Free 1 - ( h +I?, ,Women %o Are, Ferfile (i ? $ j r j -1)1862. It was n a r d e d that Anas 6~ :iG 2 ;& G k - A77bin MiEk said: "I lieard the : , ""Messenger of MShWhoever wants t o meet ~ X i hpure and purified, let him many say: , c - :. . ,, : jt +, ,+& is-. a,-%free women." (Daifl 2 I- . *+I I J+; &+ :Js +G dl% +!3, 1 CLCommentsa Ntk& IS from among the unportant Commandments of Islam, therefore it IS not nght to remam smgle &out any vahd reasonb The abundance of duldren IS a demand of the Shannh because t h ~ s pleases the Mrssenger of AUih &
  • 67. The Chapters On Matriage 69 @34 +I9!18631 It was narrated. frbm A& , 2 +- ji. vp. 2 ; > - ,Air,Hurairah & t the Meseerig&. olAikh . said:. "Many, for I will h ,= ,6oast of yoer great num6ers:" , +i 3 i-:ibt. 3 2 L&Jw~(Sahih) & Io ,. :g, L4;, JG -3.- : , J G"iiF ~ :,.,,,Chapter 9. Looking At AWoman When Wanting To 61, -,f31 + J,$91 !, 9 (9 4- +) ,,<, , ,,6 a! l k32 >IJ{ 0 ;Many Her (q d )1864. It was n a r r a t e d that.Muhammad Em Salamah said: "Iproposed mamage to a womanthen I hid and waited to see heruntll I saw her among some datepalm trees that belonged to her."It was said to him: "Do you dosuch a thing when you are aCompamon of the Messenger ofAll& gg?" He said. "I heard theMessenger of All& & saying.When AlEh causes a man topropose to a woman, there mnothing wrong wrth him lookingat her." (Dag&&I aci&Ji9 LL, : C w+& ~ YYo:c 2 >g,6" LY rjl; Li A & L > Y Y O I Z : ~ -7 [L+ C ( > > I ~ ) A L + dl -3 !9 &i % At& I + & - ky a>L!T 3 Yqfqi:c G :&& b ~ .e .Lb + 391& . d l &I3 &MI +&I)Commenka. It is permissible to look at a woman whvm one wants to marryb. Ihr *roman is also allow& tee the r ,n +
  • 68. The Chapters Om=* 70 c CI L31865. It was nasmted; horn Anas GJK;, $, lr ~, 2 6~ -bin Mglik th& Mughirah binShubah wa&d mamy a .&I @ 2 % 2& 2 2;woman. The Prophet @ said tohim: "Go an&lbok at her, for that ., - + ,, s 62 ,, : lJLis more l i k l y ta create love 3 d d i 51 g G + $f 9 ~"6 -;between yoet,:" Sa he did that, and 5 ,j&,$t3, i f f ; he married kp;,. and mentioned . ,how well k: dong with her.(Sahih) gpt i dpfz$ . @l $6 $ID f k $ G;$,g " :@ ,z$ GI$ %>. L+ jtjJi+ 3 +_L- A i / V : & l - 1 9 Cp a>Ll1 :+ c .efl4l3 &I, c ol/Y c YYT:c C(>~I~)A&Comments: Qdy one look is allowed; meeting each other in sedusion and to have long c o n ~ ~ ~ a t i oor s , go together for a leisurely walk or on holidays, etc., are n to a34 contrary to the Islamic etiquettes of life. This Hadith does not d o w the permksion of such things. :> * ,,* ,*,1866. It was n a r r a t e d t h a t tw :$I <I ;ti,41 - u:*2Mughirah bin Shubah said: "Icame to the Prophet and ~ G+ I ,y C- 2 $ 3G 11him of a woman to whom I hadta propose marriage. He said: Goand look at her, for that is morrlikely to create love between you. * S I ~ I2 &$x +$I$!@+$$ C@ . @! $6 -iIu6 . T: :J6 $1 , :2 - aSo I went to a woman among theAnsir and proposed marriage 2 ~ f > ( pg z ,zg i J*, ~ 6 f>through her parents. I told themwhat the Prophet @ had said, Gsf3 .Gzf J~ .2 G ~ ,and it was as if they did not likethat. Then I heard that woman, :J6 -4; 62 d& .$g$1 4%behind her curtain, say: f the l Li& 3; 3$1 2 && 4;Messenger of All* @ has told f; A$ @ $1 J+; Lg :aG L1you to d o that, then d o it,otherwise I adjure you by All&(not to do so). And it was as ifshe regarded that as a serious &f $2 . @ G1 @;$ $ ,$i : 26 . - 9 A:matter. So I looked at her andmarried her." And he mentioned GI$ >
  • 69. The Chapters On Marriie n c X+*I & lhow well he got dong with her.(Sahih)++I & Y . 2 r&L ?L cml &b$I * i p t p 4 d-bll :c! .G+JI-~ G + :JG3 i+,G+_jr2 *AV:tConunents:a. m e boy should look only at that girl whom he is really interested in marrying. Using this excuse unfairly in order to keep looking at the daughters o people in vain is a veq had habit. All& ih is aware of the f thoughts of the heart; no ones treachery is hidden fiom Him.b. Ihe noble Companions; men and women had great respect of the Prophetic Hadith in their hearts. As the girl was informed about the statement of the Prophet @, she immediately agreed while she, before being informed, naturally disliked it.Chapter 10. A Man Should & g -: . q- ( 4 ,-dl)Not Propose Marriage To AWoman To Whom His ( . &&)I) &- &$&I ., , fBrother Has AlreadyProposed1867. It was narrated from Abu ,. - 2 & 2 ibs, 2 L &k- ,A,,Hurairah that the Messenger of @ 2: & c~ y 6 , & uilAll& j said: "A man should not gpropose marriage to a woman to ir dl , ;. ~ .$$I@whom his brother has alreadyproposed. " (Sahih) 9, :g ; ;j , :-.-,dt j ; jc; P c , . t , ,& & j $ ~ l & . &f1868. It was narrated from Ibn 6 2 :*& 2 G k - hTA 2Umar that the Messenger of ,, -, "* man should not a , ir <F +I , $ ,, ,, ir % 2 & + + % ,proposemarriagetoawomanto $1 J& :J& 345 $1 3 , , 9whom his brother has already ,proposed. " (Sahih) . t,-,,f z . b ~ j $ > ~ ~ ~ ~ c ;. :@"L @I + ? +_jr . i ! ~ +UI : ~ ?UI C ~ U I +pi :c+ + . A / Z Y : ~ ~ .. .I + i c & ~ ~ ~ c v FComments: If it is realised that the woman did not yet decide to accept the man, and she is not clearly inclined to him, then the second person may send the
  • 70. The Chapters On Marriage 72 cWI .+I%! proposal of marriage; so that the woman wouldbe able to decide which of ;the two men is more suitable for her, and her guardians wiu also have a better chance to think about the matter.1869.It was m a t e d that Abu L f., $f 6 - A14Bakr bin Abu Jahm bin SukhairAl-Adawi said: "I heard Fztimah ,& . ~2:23 : j , ~bint Qais say: The Messenger ofAllih said to me: "When youbecome lawfuII[] tell me." So I * @ $ $1 , gT $ $ &f,S:@ a ‘ ., - :JE, & d l i - + , ., , + ? ,~ -,told him. Then Muiwiyah, AbuJahm bin Sukhair and U s h a h & 1 : ~ ~ :g $1 ;3 , ,.-:.-. ;- JG :J$bin Zaid proposed to 41 3 ~ 7 &G .ChE u&:Eher. The Messenger of All21 @ ,, JG !~<, 8, * JyJ #2 d b 1 &$ $1 L 3said: As for Muiwiyah, he is apoor man who has no money. .zJG 3 42 $3 2 3 G ~ D ~ :%for Abu Jahm, he is a man whohabitually beats woman. But d . $* 3 4 1 32 +I f ; cf3 3U s h a h (is good). She gestured .% ~ ; f : 1 L, . 6 . u2~;fwith her hand, saying: U s h a h , A, :@ JG; @ JGUszmah!? The Messenger of - -> ,All31 said to her: Obedienceto All* and obedience to His %$ : :&G ~4 3 d ~ %b3 ; .$ -6Messenger is better for you. Shesaid: So I mamed him and I waspleased with him." (Sahih)i, a~;F ~ V / A . : gZG ~ Y ~ ; U I WI "4 CSWI +*+I :c$ .* qComments:a. If concealing the defect of someone puts another Muslim at risk of loss, then the demand of sincerity is that the defect should be disclosed. This type of disclosure will not be regarded as prohibited backbiting. The uiticism about the narrators of the Hadith also has the same rationale, that a rule which is not proven from the Messenger of All31 should not be regarded a religious rule mistakenly. nerefore this type of criticism is also allowed.b. When a slave is freed, his stahls and position should not be less than those of ofher free individuals.c. Ihe interpretation of F i W s indication was to express the disagreement; because Zaid 4, the father of U s h a h had been a slave for sometime.[I Meaning when her lddah ends.
  • 71. The Chapters On Marriage 73 CKSI +l9iChapter 11. Seeking The $1 >*I L F - 01 +I)Consent Of Virgins And , ,Previously-Married Women 0 d i ) +;I $.1870. It was narrated from, Ibn :$a1 2 k2 6% - A V * &$ t1Abbb that the Messenger ofAll& g said: "A widow has 2 41 g 2 &? 2 &,c g.2 ,more right (to d e d e ) concerningherself than her guardian and a + + 8 2 Ft&~ G . 1 G be consulted." It $1 3 ~ Je : Je 4*. 5 i~ 2 ‘& .il ,was said: "0 Me.ssenger.qf AUgh, 9 6 , $j>&$@: Jjf$y18 :%a virgin may be too shy tospeak." He said: <Her copsent is 5i 41 J$; 6, :A,.c 2.>&, Gher silence. " (Sakih) $iLn:JG , $ i & $J, :! :. -, , E& L. $,,siJsLjL 9, &.JL 1 ciCrll 3 4 jl+i 1 ciCrll +- j l :&%Comments: .+dl.+&>t T l : ea. The consent of the girl must also be regarded in matters o ,her marriage, f and at the sametime, the permission of the guardian is necessary too.b. The virgin girl, if she does not express her consent verbally out, o f bashfulness, her-silencewill be regarded as her approval, providedthathep silence was.not.kause o anger. f1871. It was m a t e d from AbuHurairah that-the Prophet g said: 2; % 1~ +?I 3 63 - AV."A previously-married woman g : Q I g . a - I .&--!-should not be married until she isconsulted, and a v r i should not ign 3 $ &i I , s , . 2~ $ :kl>j55be mamed until her consent is 1 2" 4i %,& 3sought, and her consent is her 3; .pgG #, s,9 3? j.6 .. :silence." (Sahik) R&+j $& i;u&.%I. 1872. It was narrated from Adi A l A > a & , EL - AVY -,bin Adi Al-Kindi that-his fathersaid: "The Messenger of All31 @ , g 2 $1 g.2 2 ${ t$f &+said: A previously-married ; + & $ G& 2 & gi $31
  • 72. The Chapters On Marriage 74 u(~?I woman can speak for limelfj. and the consent of a virgjn: is: her :% +f 26 A6 J 3 , -, silence. " 2 +$ SfD G G 2 & lJ Yi <@ , .- .ru;P CP-i CJ +b :* t4! if^J_rb -;. .j. . , * a . b rD L , + i [1 - v 4 l 1 / & : . k ~q_2pr UIG + &a9I d * :rjjComments: The woman is not allowed tciicon&u~t mmiagp limself. Her maniage her will be conducted by her guardian,;however,,het op&hnwiU aka be given importance. The marriage bondrtake placewiththe heonsatt-of-. ,9--*~ ,* :Chapter 12. One Who $3 +I; Qai a +$ ( 1 Y +I) -Arranges His Daughters (Y ii&l) h 9 ~Marriage When She Is ,unwiuing1873. A b d u r - R M bin Yazid g : ? s, s.3 d~T 2 , & - AVy .- ; +.MLAnsii-i and Mujamma binYazid Al-Ans& said that a man at * " &z: 2 s,. 3 $2 6, A;&among them who was called $71 z5y. :efl.l: +2 vdl : ,,, e * J *. * ,aid- arranged a marriage forliis-&righter, and she did not like kJd$ -~ p- , , z,e ,*, .?- , &: , . , 2 ., <+$. 1 , ,~ * 3 .the marriage arranged by her Gf: p+< J: %>, il+ - ~, a ,* * & :.&Ifl I I > < : ,father. She went to the Messenger ,of Al l* @ and told him about J&; &:fj : 3 . $* . >a + I , ,t h a t , a n d he a n n u l l e d t h emarriage arranged by her father. k&,.+;$ ,s A ~ .g3j L ~Then she married Abu Lubsbah pJ,G:.2.2d:ctm, ?< ,.- . . , .. .bin Abdul-Mundhir. (Sakih) , -, (One of the narrators) Yahya zz3 .- i : , , : kl &*. ,*, ,: ,, $>3mentibned t h a t s h e was apreviousry-married woman..+p 4G ZaJK r dj +I JzJl tgj I L :"L, L . cc~l..i~j~l;ii-l~j! : j c ; > I &.+>.A+ . o Y q : aComments: 2a. I the maniage o a previously-married woman .is conducted againsvher f f consent, the marriage does take place; but she has t h d g h t to dissolve this marriage through the court.b. To avoid this unpleasant consequence, it is better to reach an agreed compromise beforehand. So the marriage should take place where the girl is happy, as well as the guardian having no objection.
  • 73. The Chapters O n Marriage 75 cW1 -!*!1874. It was .narrated from Ibn g ? :G G-,- a ~ v 4 *ZBuraidiih thiit :his&ather said: & : girl came to The .Prophet @ a dsaia: My father married me tohis 2 ,& 1 ., -, .& : I , a 2 , 2 &j J ;; 3+G : 3 ti b f ;,? i ~;brothers son ,so that he mi&traise his status thereby. Xhe .:-- & z ,, , . . @ +r. 31& &T-,51 :d& : : j : & .Prophet a gave her the chdice, ,:,$Ji & , :JG .Gand she said: :I approve of what 6my father idiil, but ;I walited .&j3 .%f 9 g $gf3women to knowthatftheir f a k shave no right to , d o th&t2." ,I& @I 3 Ji 9 : d l ? Lf&;f(Sahih) .,$~.JI , , . , . d bC $1 + d ! y . z p .a>&! ;g,+gl JG3 [- oaL61 :&zComments: So that he might mise his stamtthereby; this phrase gives two meariings: My father is poor ana-hi~.~aephawwell-off, so he wants to gainfinwtial is benefit because ofkthLdBti0n;:and another possible meaning is that his nephew is poor and-xixyfatherwantsto elevate his status with the relation o my maniage. f , , -1875. It was narra@d from r b n 21<% 3 & @I i i e z - :AVO &Abb2s that a virgin#l:iil.aanle. to + & dl F :2-1 -,the l r o ~ h e &$% and:M@.him that t ~~ ~~ <- 4.her father h a d arranged a 3 >$ 3 C , ~ ~ G $? : G ? 3 y l D , )marriage that she did :notl:like,and the Proohet S cave heri!the = . > " gf, JL5;. . i*; ‘ , . %A Lo% sf Ichoice. (Sahih) si 3 ~$2 -, W .f ..*I I$ b G L4 Another chain of narrhtorswithsimilar wording. ., 9 1 &% .k2gG3 Gj :
  • 74. The Chapters On Maniage 76 f- l -W +I9! Chapter 13. Marriage Of & J&ai - ( ~+I) r Minor Girls Arranged By C 3 P 9-3 Their Fathers Or &I) $L?l ~ 3 2 1876. It was narrated that &shah said: "The Messenger o f All* % manied me whqn I was srx years o d Then we came to l. Al-Madinah and settled among Banu Hirith bin Khazraj. Ibecame ill and my hair fell out, &en it grew back and became abundant. My mother Umm Rum* came fo me while I was on an ur]uhahC1with some o my f friends, and called for me I went .to her, and I did not know what she wanted She took me by the hand and made me stand at the door of the house, and I was panting. When I got my breath back, she took some water and wiped my face and head, and led me mto the house. There were some woman o the AnslFr insrde f the house, and they said: With the blessings and good fortune (from Allih). (My mother) handed me over to them and they tidted me up. And suddenly I saw the Messenger of Allih & in the morning. And she handed me over to him and I was at that h e , m e years old " (Sahih)I[ A word used to refer to both a m g , and a seesaw
  • 75. Comments: a The mamage bond of a p who is not yet adult (has not reache-d fheage of l puberty) 1s perfectly valid m Islam. h. L.lq~rlrrJirt.fcri to both, a ,,$,in>; and J seesdtv; it 15 LI lut~g i ~ w ~.ooC[, p OI it., t~uddlc1 4 plnc~d,at , hifill yl.ac.e . u ~ d clulJrcn sit ~ 1 1 1bcxh end,, wltal it, i thc one sidv g(wi dowlt tltr orIi?r side g t ~ s it 6 L*UCLI up; scwiilw 111 Englijlt. c It is rqommended to beau* the bride when she leaves for her husbands home. .~,i58+72.;It:was - n a r r a t e d that *I && &I$; , $,*I ,,~,s ~&&.- ..AVV $ , , <Abdull& @:, "The Prophet ,married !&shah when she was s~i , >f 3 r& : s~", ~ & 1 , . l :zf s e x - e n .r,e,,ars o l d , . a n d ,&45 :Li.Gi4tl ,, dii6s. . c o n s u ~ t e d . marriage with the. .,bher,when she was: nine, .and he;passed .;away ,..when . s h e was L& 23 ,~ .,g; z, ; % G & ., @ .s , : $1 . eighteen." (Sahjh) ;, . c ! .&A?.; .. & @ .~p; $3 .; $ , &*z &e .. a b 3r j s 29 +UI&.dl3 4 ,bU, 4tj E e l :@. + : h h l Ib 2L u , p 3 cw h>~-l&!~ .. .b.,&l&J Chapter 14. Marriage Of J ~ l c ~ . f . ~ - +i) O f *JA , , Minor Glrls Arranged By Someone Other Than Their ( f &I) q51 *a< 6$9 %:Fathers 1878. I t was. narrated.from Ibn + il ; $ $71 &? - & AVA i Umar that when Uthrnin bin , .i 41.3 g :&21 & Mazun died, he left behind a ..C .t , 2 2 % 3.Gc:~ . .;2 , . Idaughter.. Ibn Umar said: "My &,.maternal uncle Qudsmah, who 1 + was her paternal uncle,, married 33 +&& $ a& &,& g 2 * * me to her; but he did not consult her. That was a£ter.her father had 4~ = $ ; :$ 21 JG ,j $I.died. She did not like this marriage, and the girl wanted to marry Mughirah bin Shubah, so she married him." (Sahih) 4;; .&i2C .,~ &-: 3 $3 &f3 zk; zs . c@ G;s &; f , & $3 , -57 , ,,, %I$ %dml
  • 76. The &pks (3R Mamiage 78 c4 - +l9T .a*3 Tn* /v:dlCorn*a. %.coqpilerinaieatedtbyyclass~g title of this chapter that a fa& is the allowed%ntoron~tra.the~~apdfhis daughter, without her comant, who is :not yet : a t ; ;;any ether ,ergu&an like maternal or paternal unde cetc., cannOt.:&o:so.b. In a s crif her :be@ ::atkilt, her :consent is compulsory; because the first ae a g e :took place .withodt!her consent being sought, therefme, lt .WSS & s o l v e i l . . t l y , itlodksas if she was adult when hw & tmarriage s tookpltie. - .1 7 . It ..was narrated f r o m 8" 6 : .- $f d k ; ? , . i f 6;;--a V q Aiihah t & t the Messenger. bf > sr~g .:;c ,L~kAUgh : . ::said: ^Any woman @. , . > -"f ;$ 5 Gy>l ..aw h s e rmaniage is t - ~ n i arranged &+ ? & &.$$byiher;guaidi, hertmarriage is ,. ,invaid, her marriage .is invalid, 41 .J$; JG .dc $1herrmarriage is invdid. If (theman) has had intercourse with GG z&g GG dl:w- .-her, then the MU~,. belongs to her I $ IgLA S$ .jb~;$ . & l g ! Gin: return for his intimacy with J , , : ~ .< 9, ,,& +L+f I + L,%her. And if there is .any disputethen the h l e r is thel.guardian of Nz 9 y z;@&6 &the one who does. not have aguardian. ",.(Sahib)Comments:a. A s the consent of the girl is necessary for the marriage, likewise the permission of her guardian is necessary too. As indicated in Hadith;l87O,as well.b. The marriage without the permission of the guardian is religiously illegal. Nevertheless if the guardian refuses to give permission, the separation *ill be made between the husband and wife.c. In case of separation after consammating the m g e , the husband will.%e necessaey responsible for p a a g the f l amount o h e r . ul f
  • 77. The Chapters On Marriage 79 GLQJI1880. It was narrated that $62 r; 6~ -&shah and Ibn AbbGs said: "TheMessenger of All31 @ said: 49312 2There is no mamage except witha guardian" ,, , 2 3 cg 2 EL% ,, ok;:G $>@I $1 2t; According to the Hadith of 3 Y .f .t% L+: ijt .I ~ ~ $ 5&shah: "And the ruler i the sguardian o the one who does not f .U& . ,+! g ~n c :@ &IL v e a guardiam" (Sahih) 2 j : , +?;S j %E .I$e & y .*LJ "-A&I :@L1881. It was narratmi from A h 2,dlg 2 G k - hh.l.Musa that the Mess- of All& ; 2 : 1- said: There is m m a n i a s , ; l J l &fexcept with a guardim." (Sahih) $7 2 A$ 4r 2 csli$3 L 2 ~ && 3)):@ "U &&; ji :j.c $4 ." ; +&1882. It was narrated froan Abu $ && 6k - M Y ,. G :dl :&IHurairah that the Me=%- of & Llj, 62All& g said: No woman should garrange the mamiage of e t h e r 2 + s. 2 5 G ++wmmm, and no woman sBould , ; j : i .a m "e her own mamaee: The " 31 ~ 3 9, . ~, "*%,< , j,, .:f!2a~dwlteress is the one who W~ ,~ $ j. . ;!,dl ~3 3 0 &I iI&I%.manses her own marriage." ,c,& & &. $, ; $ ~; $Oommmfs:.ti. A woman.cannot be a guardian for d a g eb Thermamiage ~f a woman does not take.p~ace.without guardh : the,
  • 78. The Chapters On Mamage 80Chapter 16. Prohibition OfShighLir1883. It was narrated that IbnUmar said: "The Messenger ofAll* i4$, forbade Shzghrir. ShighcirIS when a man says to anotherman: Marry your daughter orsister to me, on condition that Iwill many my daughter or sisterto you, and they do not gjve anydower (i.e, neither of them g v ethe other the dower)." (Sahih)Comments:a Nzkiih Sh%ghiror "Exchange Marr~ages" axe the same h g , which are known m parts of Paktstan by the name of Watta Satta; ~ t explanam has s been mentioned in the narration.b I the pre-Islanuc period, the dowry was not fixed in case of Ntkth Skzght~, n nnther was it paid equal to t h e d o w q of other women. In fact a woman was exchanged for a woman In these days, although the dowry is fixed? but the flaws and defects of the ancient system stiU remain; the revenge of mistreatment by a man IS often incorrectly taken by rmstreatmg his daughter or sister.1884.It was m a t e d that AbuHurair&.said: "The Messenger o f ~ , 8 - fik.sdTs$;f6k- A A ~All$h @ forbade Shzgh&." (Sahib) d if & "L1 & c,>91 4 ?i;J1 &7 y &[GI 2 j ~s jc$ ;: ; ., &f> ~ 21885. It ,was narrated from A n a sbin M2ikthat the Messenger of, :A+ 2 ..< ,s .-., 6 - ,,h0 2 .-. p*.. tf4J. : @d;]l @AlEh a said: There is no Shift& > ~~6 j r . -?-in Islam." (Sahik)
  • 79. The Chapters On Marriage 81 c1 - +#!sfabi, +L ; r , ; + ;41j91+; i1o/r:-iezi - 1 [p :=+ -r r 9 DALLI .+ +i; &I, r 29Comments: It means it is a custom of non-Muslims. Muslims must abandon it becauseit is an m-Islamic custom.Chapter 17. Dowries Of @ a &!b -I V (+dl) - (Women ( V &I) )I, G k1886. It- was narrated that Abu @f : 5.. - AATSalamah said: "I asked &shah: G.k2 c+JjlJd, " *, ,e 291 + " ,&IHow much was thqdowry of the * , , ,, .wives of the Prophet B? She &i3 l,l + &2 2 . ?dl $1said: The dowry he gave to hiswives was twelve - Ugiwah and. a hIG, L= F,:s,G 3~ & : J , ~Nash (of Silver). DO you knowwhat a Nash is? It.is one half of anUqiyy&, &d that is equal to five 2, $2s & , SLj. : & .,,<#.d:,. . Lj 231 a. $ ?@, $1 3l ". -, 513~1 $ L; ,:ihundred Dirham. "I1] (Sakih) s , m 3;;.&.f - , . -- ; T31 3. G 0 2+ ~~ J ,+ dij clLj 4 5 jiFj.;41.&l "4 +- :G+Comments:, .*h&>,d+L.b> f Y l : cg$ . . . 24: Ia. The. dowry fixed should.not be excessive,.such that. it is di£ficult foror.a husband. to pay; and it should.,also be not very little, such that it has no importance in the sight of ,a husband.b E . t k husbandis-poor; the.dowry fixed may be less; maybe an iron ring, . (See Hadith: 1889)c. Five hundred Dirham are equal. to one and three quarters of a kilo approximately.1887;It. was-.narrated that Abu.. 62 : f ? .,&9 : I & - , ; A " ,Ajfg. As-Sulami.said: :"Umar binKhattzb said: Do not go t o ,< , kb3 :, !ill $1 @ L3>L.% ,. , s , J$ ,extremes with regard to the"1 They say that Nash is twenty D n h and it is also used to r& to half of somethmg as m i h s case, half of an Upyyah
  • 80. The Chapters On Marriage 82 CWI +13i ~2 :m, i,~.:dowries of women, for if that ,were a sign of honor and d g i y int Q r!?in this world or a sign of Taqwnbefore AUch then Mh-d 38 + 2 c2% $1 G 2 c"would have done that before you. j : JG Dl 6 ?w, , “,s . ~ 4 ; ;But h e d i d n o t g i v e a n y o f h i s z d l s l & g ~: y u l s $ u ) , I ,wives and none of his daughters ,: a c :were given more than twelve 1 JI 59 2 L:g g &?$ sUqiyyah. A man may increase thedowry until he feels resentment + , +f ; pY <; I SE &$Iagainst her and says: n ~ o u cost +@f Y; 2 831 s f c 5~ S .@me everything I own, or, "You G 2 . : , + a yf GG q,.caused me a great deal of - , ,, PI 0hardship." (Hasan) $ g~ p y31 4 j ?, And I was a man born among +3 : J :, , 9.+ , . ~-2 ,, $ 3 1 l&l~ *the Ai-abs,I1l but I do not know -. % ~the meaning of Alaqul-Qirbah or .g g l 2 2 f; &$I$Araqul-~irbah."[I ., G &>>/ G c$>$3 -g; 3;Comments:a. The consequence of appointing a davry more than ones ability is not good. A man works hard to pay it, and if he is unable to pay, it mates hatred in the heart. The man says to himself "I am trapped in difficulty because of this woman" Whereas a reasonable dowry is paid easily and thus the mutual love between husband and wife increasa, which is a religious; objective.1888. It was narrated from , , 2 ;G ;>J~ . L & ., , - ,AAAAbdulla bin h i r b n Rabiah, ifrom his father, that a man from c I $ 2 &52, $ - :Y k .&>II h Musnad AI-Humaidi (23) it is: "And I was a young man"[I Meaning due to the ambiguity o the expressions: Alaqul-Qirbah a d Araqul-arbah. A f Qirbnh is a very large water skin that only a very strong man.corrld c q . So the meaning is that I gave you everything until I even carried a @,.war skin to your family, or, did so much that I even sweated enouzh to fill such s wafer skin In Al- " 1121 d.21 A l ~ n ~ o h < r - K r(,I,,. + ) wpom,d rep,ardn~g this, rrom Suf?5u whu a> lil .Ahm,>,t, i .?I,< 01 tlwsr vlno nan.atrd thl.. l l d i t h .a, rwc,r<lr..l by nt1lc.r~: Untnl I ..uried .a C),rl,,J. from far away."
  • 81. The Chapters On Marriage 83 C-l +19iameng Banu Fazkah @ marriedfor a pair of sandals, and the 6G . I p $1 & $ eit , i :Prephet @ p&ed his 2li ; ;jdL %;dl -,., % I s ;+ , Imarriage. (Daifi 9, ,&& L3Y ,>&kqg;$ < . ,#<<1889.It wasmim=&ed that Sahl G,6k:3>z&e~-~~%bin Sad said: "A woman came tothe Prophet j@ he said: Who &$ > -. xd& ,y <$&. 2 &>will marry & ?A man said: I a!will. The P r q M jg said: Give +& :26 3 Lrjg ++ p .her sometkg,~wenif it is an irOn . & -31;: .@ $, j -, iring. He said: ?lilo not have one.He said: "I z~rany her to you for $ *fU, : -, 3 j~ , gf :J -; 9, ynn of the ~d%in~*-& 3 ::Jz:&U :.jti ,. : ,.bL. 2 GGy " l " * ~ : c , " j + A .> 4 h & I i + s L @*I icul -9 : 2 r39 .. . 272 .+ 4 5 ;Im +L ,C I i U ciJs . r ! t t 4 p3 29 . : r j ~2 j i j ? + J jl . t ~ o : ~Co-rtts:a. % e s :ia no minhnum amomit <ofmfhwry fixed. Anrordinary usable thing %n m y be&xed as dowry as long3hehe.avomanagrees.b. A n o n - m t d benefit can alsoibea dowry, as Musa served his in laws andteuded to their goah for ten years. (AI-Qasas 28: 27-29]1890. I+ was narrated from AbuSaJ.eedMJKhudri that the Prophet *f& f; g - L 6 L:, :jg mied &shah with LZL + . : 2 .. a , -";? > ahousehdld goods the value of - i : &jl- + ,y 4&71 $9 * *whichwas fifty Dirham. @ar# &;G t;2 @ 5f ..
  • 82. The Chapters On Marriage 84 CWI U I ~ ~ Chapter 18. A Man Who Gets Married Without Stipulating $6 s ; $31 +&- , > el) The Dowry And Then Dies &,:,& q >$-"1891..It i w,as .narrated .from Masruq; that Ab,duIl%h. asked was =bout .*a man fiho :married .a woman :and .died,:without~.having ..consummatedd-?the.marriage, with :kr,i-nor.=Stiptilating;:the;dowry. .A~bdullficsaid: The;3d~wry. is. - hers,:dWiinheritaneeiis ,hers,-and,:she?:has ..,to..ob@aver the ,wait%pgg.pexiQQd.",Ma:qil~. S i bin -:Al+Ashjai -said: 3 ~lsaw:the messenger of :All& @ i,.pass a similar Iulingr concer~gTiiSiva:bint ~ishiG.?:~(~&ih) .~ Another. chain-horn .Alqamah, ~ :$x :.%.,&I.: 2 $ , 3 :~ , , ~ ", from AbdultSh,. with: si.milar wording. ,> cL& 2 .:$& 2 .@>I Comments: a. The husband and wrfe get a share from the mhentance of each other prov~dedthe marnage bond has taken place, evert though they dld not consummate the marnage b The wife will necessardy spend, her walhng period, four months and ten days after the death o husband, whether they had consummated the f wedding or not. But if the dworce takes place before the consummation of the marriage, the woman will not be requued to wrut for any penod (Ahzib 33: 49); and in this case the amount of dowry will be speclfred m the hght o f the dowry of other women of her family c. I f thz clcrww is not sp<.citit,i ,at the time of thc III.IITICI~<!, tll( 1narri3~:r bond Ilkilr) i i still ..llid; hut it is ln.tt?r ta s,,c%if it .11 the i.l!ne ti~n~..
  • 83. The Chapters On Mamiage 85 -I*!Chapter 19. Sermon Of c~~& + - s +I) , . (Marriage (4 d l )1892. It was narrated that ek :& 3 ;& , & - hqY y Abdull* bin Masud said: "The r 9, ~, c < > ,~Messenger of All31 @j was <Y+?LPgl$3 :>%ad granted a combination of all 2 $1 & $91 &f 3 &2~ 2 @ imanner of goodness, as well as itsseal: o he said: "The opening (of x , ,-* @ &/ , , &4 .. ?F- :JLj ).I - 3 ,the way to) all good. He taught usthe Khutbuh of prayer and Khutbah I ,~ g2 1 * J ,, 7 .GI$; 31o f need. "The Khutbuh of prayer &L ,.,dl s, . *l .u 3 ? + s &is: At-tahiyyitu lillai was-salawitu *wat-tnyyibit. As-salimu alaikn 1 1 1 I :<a1ayyuhan-Nabiyyu wn rahmaf-ulliki ,* ,* -; ;wa barakituhu. As-salimu alaint JJ K3s ., &! fwa ala ibidillikis-silihin. Ashhadu . , kl *L i $1 ?k Jitj I k $21 g , ~<an in^ i l h illallik. wa ashhadu anna 21 q dl, Y Lf &if # <,, 5 1 - dl G I ;Muhammadan abduhu wn rnsuluh(All compliments, prayers and p $1 J -l : $ u al ,~ ;.g , $ .s4;; :Gpure words are due to AllHh. ><, >,.!,~<, :*<, * h $4 j4u3 ><Peace be upon you, 0 Prophet, 0- 3 - 3 0.k- 4Uand the mercy of All% and His ,, 3 aG @ , ~ +f + p >; >< 23Yblessings. Peace be upon us andupon the righteous slaves of .z4?&$Jp>; ,z>$All&. I bear witness that none ,z A-2 ;x; GLiLq Lf Uf; y , ,has the right to be worshiped but ,, , 7- Zf h * , #, J &i f ;AllHh and I bear witness that . J ~ 9 3Muhammad is His slave and gff* :$ "6 $q+$Messenger). Khutbah of need is:Al-harndu lillrihi nahmnduhu wa Jil 44L ,:< s, < .ro ,. ,5, j AI +IGI, 2+~ - .,,nastainuhu wa nastnghfrruhu, wanaudhu billihi min skurun anfusini &i i ; :$I s+ xi Jl :dl+wa min sayiiti amilini. Man Ji [ :+LA] 4;$$; 1 a$ 2 , d$~ynhdihilliku fali mudilla luhu, wa ./,-: " "?* $$. 9 3 ,<{ i.%:l$ 9 A :.-3 fiT $1man yudlil fali hidiya lnhu. Waashhadu an l i iliha illaIln^hu ,p,+p . 9 , 9,9 6 . &, 1 $3 &wahdahu l i sharika lahu, wanshhpdu anna Muhammadan .g%1*T JJ! [V - v. :ul~vllabduhu wn rasuluhu (Praise is toAil&, we praise Him.and we seek
  • 84. The C a t r On Marriage hpes &Hi help and His forgkeness. Weseek refnge with A E h from theevil of our own souls -and fromour bad deeds. WhomsoeaerA B h .guides, will never b e ledastray; I .whoms@everis 4ed dastray, no cone can guide. I bearwitness tthat there is none worthyof worship but . . I .alone with & , Mno parfnercm assdate, ad,I,bearwitness fhat Muhammad is Hisslave and His Messenger). Thenadd to your Khutblih:theifollo~gthree Verses: 0 you who believe!Fear Allih .as He should b ef e a ~ d and die not except :in :the ,state of Islam (as Muglimi) .,withcomplete submisiion to ~Eh:[lAnd: 0 mankind! Be dutiful tuyour Lord,~Who.created,youi-oma single person, and from him:Hecreated his wife, and from themboth He created many men <andwomen, and ,feai- All& throughWhom you demand your mutual(rights), and (do ;not cut .therelations of) the wombs (!amhip)Surely, Allih is Ever an All-Watcher over you.L2 Anit 0you who believe! Keep youridutyto AlEh and fear Him,andspeak(always) the truth. He will directyou to do righteous good deedsand will forgive you y o u rsins...[31 until the end df theVerse." (Daifi A : I + I i i [ + I :e+
  • 85. Thw chapters ~n mia age 87 CCUI u , ~i ia: AAHiuttidi%.calleda n address (speech orsermon);.Wtutbahof prayer means L. the.~uwolicatiom tluoueh; which a devotee s~e&.ta.his h ~ d c.b. Khutbah of need are the words which the Messenger of AllSh g read out befme he would beg@ the speech at every important occasion. These words are diotread;in the. Friday s m o n .c. These:Q&%ik Verses consist of the fundamental teachings regarding the family and social life. The scholars shod&give brief and precise advice to the attendees in accmdance.withthe S u n d :d. It indicates that the Khutbah should be recited.first, and then the acceptance of the marriage bond is to he declared.1893. It was. narrated- from IIjn . 2 - nqyAbbG that; t i ;Prophet @. said: le ,*."Al.hamdu lilla nahmaduhu 24 ; : G L :& 2 i > ? .; , Gk. ; .nastainuhu wa naudhu billrihi min 3. c~ j~ & . ., :L47 ~,- * . ,shurun an&sini wa min sayiiti >nmilinli. Man yahdihilllihu fnlE : J i s $1 .- d i " &Gdl *2 Lx? , ~ # $mudilla luhu, wa man yudlil f a l fhlidiyn lahu. Wa ashhidur an la^ ilciha~ 44 i : &i && ;~ ulBillallrihu wahdahu la^ skarika,lahu, wn ? & 5. +- ~ q9 ~ f % jj3anna Muhammadan abduhu wm &$. J- @ 25 2 . - +J 4 31rasuluhu. Ammi bad: (Praise is to ~C ,l ,AEh, we praise Him and we seek< 2: A .Y.. *> ~ * %I gl ,Y 2 ,p; o&- 1 . iHis help. We seek refuge with, .a+ ~ i , -- , G .dm, ,, > ~ , *-I *,, dl3 I 9 , alp *c,Allgh from the evil of our own;souls and from our bad deeds,Whomsoever AU& guides willn e v e r b e l e d a s t r a y ; and-whomsoever is led astray, no onecan guide. I bear witness thatnone has the right to beworshiped but AUh,alone withno partner or associate, and thatMuhammad is His slave and HisMessenger. To proceed:) " (Sahih)% L>/J +&ip rl - , i&l ikh;j u b iLe& ie -9 : ~e . YJ-Comments:a. It is desirable to commence a good conversation with the Praise of
  • 86. The Chapters On Marriage 88 c-I +121b Seeking AllShs help m every matter and to seek abfity only from Hun is part o Tauhld. f1894. It was narrated from Abu ; f 2 ,,$tHurairah that the Messenger of &s-3$s- ,I) , ,*,,All$h said: "Every important ,,matter -that does not start with $21.4. 2 +I Gk : IJL 2%"1praise of AllSh, is devoid (ofblessings). " (Daif) y I ~, L * I-.el 2 ~ ~ j ; jc :Ji + s y 3 4f ~ ,> :, y L * &f. .Chapter 20. Announcing &I , % . +- (7, +)Mamages (7. d l )1895. It w a s narrated f r o m j * I $2 Gk - A90&shah that the Prophet said: 2 y .3> $"Announce this marriage, andbeat the sieve for it."1i (Daif) $ L , J - . r 3 > 4 > (113% ,?,41 2% & +& 3 Tq./v:&l + j T [I&u+ o>L&jl : & % i .& v 7 + :c&I>Comments: Announdng a marriage bond means the acceptance should be declared in the gathering of Muslims, and the wedding feast (Walimah) should be arranged so that the people in general would know that so-and-so man is married to so-and-so lady. Thus the way to illegal affairswill be closed.1896. It w a s narrated f r o m fi2 2 jp 6 2 - A ~ TMuhammad bin HBhb that theIs"Meaning with the DajJ He used a Ghirbtl (sieve) for it, because it resembles it in its roundness (and shape)." (Sindi).
  • 87. The Chapters On Marriage 89 +19i IMessenger of All* ?@ said:"What differentiates between the > ,; 42 ,& f , , * y **lawful a n d the unlawful is n @ .% $1 J@; 26 26 +G@eating) the Daffa n d raismg thevoices (in song) at the time of 2;5 L3t I ?GI& *.*marriage. " (Hasan) u&I! 2 1 - b ~ : ~ A%L 2 +L ?L c ~ ~1 6 ~ 9+yi :E+ ., U 3 i" 1 A L / Y : + !-3 I G j~:Jljg c ? +i ; ~Comments: Beating a Daff on the occasion of weddings serves the purpose that all the people will know about the marriage. Songs, poetry etc., may.also be sung at this occasion so long as its wording is not contraly to the teachings of the S h n b h ; and only the young girls, who are not adult, are allowed to do so. This type of entefiainment is allowed during the Eid days too.Chapter 2 . Singing And 1 xl &I1 l~ +& ( Y - +I)(Beating) The D a f ( Y bsJ1)1897. It was narrated that Ahu 2 : $ 3 E G - h9V " 4l ; i r ,5 #, ,Husain whose name was KhAlid G% ,*, f & l : &;G 2 + >L & .Al-Madani, said: "We were in Al-Madinah on the Day of Ashuri,and the girls were beating the Daff E :Jg i. %.a! >1=2 I &I i ,and singing. We upon &-% ~ ~ . c ! ;1> ~ tx~ &dk ~ 3Rubai bint Muawwidh and 4 J &s .2 @ ,A%&mentioned that to her. She said:The Messenger of All2h B &, a: ,a,G , ,,<: > " , A .$ u -,entered upon me on the morningof my wedding, and there weretwo girls with me who weresinging a n d m e n t ~ o n i n gthequaliaes of my forefathers whowere Mled on the Day of Badr.One of the things they weresaying was: "Among us there is aProphet who knows what wdlhappen tomorrow." He said:"Do not say this, for no oneknows w h a t will happentomorrow except A S . S*" (Sahih)
  • 88. The Chapters On Marriage 90 cWI "{*I3 OIiV ~ 2 . . (!Y)+ ~,+Jl <Gjal ep![- 0>LLl :&4Comments: . e, A& GlZa. Young &s who are not adult yet, are allowed to sing and beat the Duff at I, u.eddmgs.b. The elderly people should allow the young children to enjoy the rejoicing activities at occasions of happiness, but if the children do something which is impermissible, their attention should be drawn to the fact that it is not a good thing.c. Raise and singing the attributes of the Messenger of Allih i is a blessed @ deed, but the exaggeration of it is not allowed. It is permissible to express the qualities of the righteous people which they in fact possess, and exaggeration must be avoided.d. The Prophets did not have the knowledge of unseen.1898. It w a s n a r r a t e d t h a t&shah said: "Abu Bak entered $7 .2 & 3l L5-G - A q A . ,c ,-supon me, and there were two 3 %f 3 ?;> 2 & : -ZLI< i ; ,girls from the A n s i r with me, + L $ f; $ 3: : L I E +G I , , , ,singing about what the Anslir +;used to sing about the Day of & +$ .>G$2 +Ed& &>% -,~u2th."[] She said: "And they *were not really singers. Abu Bakr d6 ,+grz ; $l & I & , . a, ; Esaid: The w k d iktruments ofSatan in the house of the Prophet ?s A!,f; yg JG ; f :$ Ql .& G;@? That was on the day of Eid $2 & ,>2 . zJ ., ,. 2 +@I(Al-Fitr). But the Prophet @ said:0 Abu Bakr, every people has its 3 f! Gn .% ., JG , Q, ,Lsl,festival and this is our festival." .u6& I; * .yer$@,:i(Sahih)Comments: .+ LL!a. To read and say the poetry is allowed as long as it is within the limits o the f Shariah.b. Adopting the profession of singing is regarded a condemned act in the Islamic society, and such people are not regarded respectable, instead these individucls are detested.c. Entertaining programs are allowed at wedding and Eid celebrations,[I Bdiith was a place about two miles from Al-Ma- where an that day before Islam a battle took place between the Ansir tribes of Aus and h a j .
  • 89. The Chapters On Marriage 91 2WI *I9! provided no such act is performed which is contrary to the teachings of the W*&. However it LF. absolutely wrong to take this reasonable permission as p f for music with singins indecent songs, and for the proof of mixed gatherings (male and female).1899. It was narrated from Anas fk i :JL% 3 tG & - !A99bin &I & that the Prophet gg , >passed by some part of Al- , zG2 L~ :, :, ,a &Madinah and saw some girls > @ ., $1 57 &G , ~ $ @ I if &% ~ + j! <+I Gbeating their Duff and singing, :L :a+ ,&dl .*,saying: *;&, - # , % , ., C "We are girls from Banu Naij* fi, 2 +e , , : , L ! What an excellent neighbor is ,, * <Muhammad." L5 - The Prophet g said: "All* g 1: ;:I - &knows that you are dear to me." 2~(Sahih) .++$ $! $ %ID $1.- j G . . :jg . .jW Jk~3 : ~ ~ pJLi3 IP J l a>ljil : L J ciComments:a. Respected elderly people may say suitable friendly and kind words to the young girls, so long as there is no risk o misunderstanding. fb. The words M i h knows are regarded as an oath in this case. Speaking words of a n oath for emphasis is permissible even though there is no doubt which has arrisenc. Che Messenger of All& @ liked the Ansrir because they offered lots of sacrifices for Islam; the love for the Ansir by the believers is a requisite of their belief.1900. It was narrated that IbnAbbis said: .&shah arranged amarriage for a female relative ofhers among the Ansir, and theMessenger of All21 came andsaid: Have you taken the girl (toher husbands house)?" They said:"Yes." He said: "Have you sentsomeone with her to sing?" Shesaid: "No." The Messenger of All& said: "The Anslir are ~ e o p l ewith romantic feelings. Why dont you send someone ~ i t her to say: We have come to h .,oil we have come to you, may
  • 90. The Chapters On Marriage 92 eWI -lnTAllHh bless you and us?" (Daif)1901. I t Gk :g 2 was n a r r a t e d thatMujHhid said: "I was, witk IbnUmar, and he heard the sound of <&&I I Gc + + . -- ;* ., Z & I - 2 &$ !Ia. dnun, so he put his fingers inhis- ears and turned awav. He did ,, , J ,.:< d2 - #that three times, thenhe said: 2 G &L J$ iThis is what I saw theMessenger % :; A,;2 .$,, + , .&I. , ,riof All& @ do." (Daif) .@+,.jG5s : J ~y : S .+I>Chapter 22. Effeminate Men1902. It was narrated from UmmSalamah that the Prophet &entered upon her, and he hearda n effeminate man say toAbdul13h bin Abu Umayyah: "IfAll& enables you to conquer Tgiftomorrow, I will show you awoman who comes in on fom(rolls of fat) and goes out one~ght The Messenger o All& @ " fsaid: "Throw them out of yourhouses " (Sahih)at& L dl$ 2 & M I s3> -6 ~jU1 CG,+I + ! :=+ ,+J+A j & . p " c~YLJI> 4 + A+ rh&"A ; P b+ o Y Y o l Y Y t : c , > . Y T ~ : ~ , & I0 2 ~ ~ 6-: iF T!A.:, r w ~ f+UI ~ rComments:a. The person who is born male, but wears the dress of women a+ adopts feminine behavior and imitation, should not be allowed to enter the home. Being a man who is imitating women is a type of curse.b. A stranger (who is not an immediate blood relative) or a hermapluodite
  • 91. The Chapters On Mamage 93> @JI UI*~ should not-go to:women fieely, if it does happen the women should veil themse1t.e~.1903.It was namatedfrom Abw +~& ; +& g k - q . yHurairah that the Messenger ofA]l$h #g cursed who rjg &f g >$I f ~k. - ,:g .. . , a. i imitate men a d men.who imitate nwomen. (Sahih) 3 Q $f p, xj $ c >, ~ ~ s s q . $9,t;i~5 j; 2 & a. .? L ~ L Jqlj, .$1 + d l ,LI-Ip1: :c& ,~k904,. R was narrated from Ibn *gl >s & $7 gk, - q, i , - >Abbis that the Prophet cursedmen who imitate women a n d 3 $A Q :+9GJt g $6 G k Lwomen who imitatemen (Sa,fiih) 9) 5~ fG G2& g2,G -,J&,J4 oL&zdlg &I UL c+WI * j p :&4Comments: . + + &&;P ~ h h o : ~a. The curse clarifies that it is a major sin.b. The imitation can be in dress, in mattea of applyirrgmake up, and in the manners of walking and talking too. To p~acticesuch imitation, intentionally, i prohibited. sChapter 23. Offering cldl & - (YY +I)Congratulations On TheOccasion 81 Marriage (r Y1905. It was narrated from AbuHurmah that the Prophet @jusedto say, when offeringcongratulaflons on the occasion ofmamage. "Blirak Allihu lakum, wab i r a k a l a r k u m , wa l a m a abaznakumifi khmr (May A * bless Uyou and bestow blessmgs uponyou, and hrrng you together i nharmony) (Sahtk)
  • 92. The Chapters On Mamage 94 CWI + 9 d i1906. It was narrated from Aqilbin Abu Tslib that he married a G k :2 A. :a d e I & - 1q ., from Banu ,&ham, and 2 &f G k :&I g 2 ethey said: "May you live in ~<harmony and have many sons." & 3 4 $7 $ ? ; & @ st iHe said: "Do not say that, rather 6 : 126 .& 2 k zfsl Isay what the Messenger of All& / said: Alllihumma birik lahum ".ma bririk alaihim (0 A l , bless l& $11 :@ $1 j; 26 G & 1 3 1them and bestow blessings upon ithem.)" (Hasan) . +u A$j 9&I+ t i i ;?b ; o T : , p r o q i v:&) >I$I - 7 [I 9 - :Gy2A v : I > t o l / r : * a i b d l , j> .J3 + y ;rUl + d l &IJ k-iJLc 9a j ;UI+ ! +Js- b h I 9Comments:a. Congratulating the bridegroom, and the bride of marriage, and making supplication of good for them, is in accordance with the Sunnah.b. The best way to congratulate and supplicate is to say the blessed words which the noble Prophet g uttered with his blessed tongue.Chapter 24. The Walimah (Yi ~ J GqI) l d(-Y. i. , -(Wedding Feast)1907. It was narrated from Anas ek :"" . , -. jbLf - q."bin M i k that the Prophet @ saw -< 2 +E I - EL I, :&> ;etraces of vellow verfume on~bdur-&in b i n ~ w f , and he g & &f; @ $1., 5f +G $1asked him: "What is this?" He : jG . :, 3 44; $ @>I -said: "0 Messenrer of Allgh. Imarried a woman for the weight &I J ; & , ;ep , 6 : Jg ;U f; ~12of a Nawlih (Stone) of gold.[11 He @Y ,~*,< Isaid: "Mav AlEh bless vou. Give Gi k 515s;; ;(PI i ; Z J > L$a feast even if it is only with onesheep." (Sahih) -Ex&$; I _ 5;qn" b*>irn The diffei nver its definitio~~ th.,. - -., ,,, five !
  • 93. The Chapters On Marriage 95 t-1 "I*! + >k. &&Comments:a. The Messenger of AU2h @ noticed a mark of the fragrance of women on the dress of the Companion, so he g asked him the reason for using the fragrance of women. In this is a warning that the use of it for you is improper, and it also indicated that if there was a valid excuse, it should be explained.b. Stone means the date-stone. It was a known weight at the time; it is mentioned to be equal to five Dirham (approximatelf15-16 grams). (MirqBt Sharh Mishkit: 3210)1908. It was narrated that Anasbin MBlik said: "I never saw the 62 . ;G3 -f gk - , ,,+Messenger of A E h @ give a + f 8 GG@I !, c&;Z;L%wedding feast for any of hiswives like the feast he gave for @ $1 j; + 2-f; I ji +,g 4,Zainab, for which he slaughtered 3 $>f G $4 5 3 2 $jfa sheep." (Sahih) ," g;5+> Olvo17A:t " J> +JJl "6 C ~ K ~ I I T :~i;4 !fTA:t +J3 ol,2b t u U i J3;ir c;! - j ?L Z ~ U I . 9 ldJ3 I>+i3 ,A L $> + >k, . ~ r +Comments:a. Zainab the daughter of J w Mother of the Believers, was the daughter a the of the paternal aunt of M s Messenger @; her mother was Urnaimah the daughter of Abdul-Muttalib. The Messenger of All& @ married her to his freed slave Zaid bin H&ithah 4%.But they could not get on, and the divorce took place. Allfi 3% Himself married her to the Messenger through the revelation after the waiting period had passed.b. Taking a loan for the Walimah (wedding feast) and to bear the burden of debt for no reason is not right; one should make affordable arrangement for the Walimah.c. No Hadith shows the mention of a gathering for the feast to take place at the brides residence, or for any arrangement of food by the family of the bride; it is merely a custom which has no relation with the Sharinh and religious teachings.1909. It was narrated from Anas , , >f !- $ r;r ; &k - !q * qbin Milik that the Prophet ~k :gi ,z31 + ;offered ~ r n i ~ ~and dates as a "I A kind of barley mash.
  • 94. The Chapters On Marriage 96 CWI -13iwedding feast for Safiyyah. 2 ; I % !rjL+ : & s(Hasan) L L <s ~ , dl $ G $ &I 2 2 j,3 1;$ i[&il & ? , & - f ; . F ++;. 3 , @ ,.I -,2 r v i i : 441 +&I ~ 2 :+ ~ ~ 9 s1*i ++i L1 > ~~ F :cfi, .> @L;tlI L s *sl+d - 4iJ , . 4 0 : c ~ @ j q i ie--r3 l c+ + A a j& +& LYYComments:a. The cooked food 1s not necessary for the weddmg feast Anytbmg wbich is used as food in a society may be offeredin the hospitality of wedding feast.b. If the female slave is manied after having been freed, she will have all the rights of a free wlfe.1910. It was narrated fromS u f y h (Ibn Uyainah) from Alibin Zaid bin J u d h from Anasbin IGlik who said: "I attended awedding feast for the Prophet g,in which there was no meat andno bread." (Daifl Ibn M;ijah said: I+ was notnarrated except by Ibn Uyainah.+uAl JYJ +L;Comments: j,k i v l s 4 & &I 1 . d3 JG o-~gr: j : J L ?G:&1911. It was narrated that&shah and Umm Salamah said:"The Messenger of AUih @$commanded us t o prepareFZtimah (for her wedding) and JG A&. c . - (n~~yoo/r)~-iOnly barley and dates etc, were offeredtake her in to Ali. We went to the ~- ~~house and sprinkled it with softearth from the land of BathV.Then we stuffed two pillows with(date - palm) fiber which we @ 2 <i 6 1 + 2 +c , c ~ G G , hi J L ~~ L W I : ~ & I ~ q q l r : . ~+ [ + &+ :Jlj CU 1 ; U i ki :Jli Ys 3 r AI+ C+LU~ 2 L+, *" .al c .$ $ *: JL a . ~~t y . .,.; f f & L f; , F 92 &> 2 j -i &G :& , : 3 ,-, < :G d * 3 3 %G ? J f ;a .* ,*% .a! d b a $i .,,.f , , :s+- . q F ] 2 .- S; ~2 a & ~i 2, G 2 $1 .y 2 & : - 9, ?&2 3 s $ 1 ,, , e - g 2 [WlI 3 js> &I.- @g GI JG; C>f J . ,3, :GG - 2126 &z L,,!, a .+ - q < ,: *Lp ,9,. : :d G 3 f+ ~ 9 ~ ,
  • 95. The Chapters On Marriage 97 i=LQIL;II +lg?Tpicked with our own hands. Thenwe offered dates and raisins to t-, 9 ~k$G e3 . L 7,- + : ~: * ..;>9 , ,~ -1 ,~eat, and sweet water to drink. We 3 d -G -, i 1 4 ,: , .L-F ~24 &.JIwent and got some wood and set Gf; $ 5 ,+it up at the side of the room, tohang clothes and water skins o n ,+c $$ * ~3And we never saw any weddingbetter than the wedding ofFitimah." (DQEIL+4ul+ 3 &+dl3 " l :C c& p -ib * [I& o>Lll = ; ~ & 4 : j .*>J - 1jkS 91912. It was narrated that Sahl ~ f $: 2 I & - 3 1ybin Sad A- & i sS i d said: "Abu 2. ,, ~.Usaid As-Siidi invited the 3 di &x : .f.G d 2 >$I& .- . j ! -- . ,,Messenger of All* @ to h i &f f ; I; : j ;*al ; i @ +,wedding, and the bride herselfserved them. She said: Do vou A s . ?$ J ? 1 a i ~ - $1 +j ~ &;know what I gave the Messenger + 6Jz: A ~of All& to drink? I had soaked -, , . >9y"l ,some dates the night before, then o> af: d G y@ $1 j & ,l : ~ ;in the morning I strained themand gave him that water to . $ , . &: ~, ~ fidnink. " (Sahih)+i . +>l + ;3 p iF*il3 4 4 1 +b!,+ "L G ~ U I C+>WI e ~: j i c ;c I ; ~ . yJ3 + + +dl &L[ c+L r ~ ~ ~ l c & ~ a l3 A n ~ a V l : ~ . l .4:&l*r+*r;~ ya.7: LComments:a. Everybodys invitation should be accepted, whether one is poor or richb. A woman is allowed to serve the guests even if they are not immediate blood relatives, as long as she observes the veil in accordance with the Shariah.Chapter 25. AcceptingInvitations1913. ~t was that Abu :$& 2 24 % - qYHurairah said: "The worst of foodis food of a wedding feast to +-+ 2 & j ? ~ ~ : jc 2 &which the rich are invited and the 3 : h i$ ; : 4f 3 E 2 9 ~
  • 96. The Chapters On Marriage 98 f1 " ulgl!poor are not. Whoever does not .$41accept an invitation has disobeyedAllSh a n d His Messenger." 1 @ 23 % & 5 , + ,. r32; 2 2; :I> &~ ;L& I(Sahih) 34;;1914. It was narrated from Ibn E w :<& 2 6k - qfUmar that the Messenger of .f :, Al Gz $AlEh said: "If anyone of you is -.invitededto w e d d i g feast, 1 him aaccept." (Sahih) & . "&> :Jk g g $1 J4; 3 $ $1 2 j , , g Jb ,S&f z;Comments:a. Marriage is an important s o d celebration of Muslims; therefore attending the wedding feast is very vnportant and useful for the establishment of social relatiom.b. One should not refuse to accept the invitation of a wedding feast without a genuine excuse.1915. It was m a t e d from Abu :& j l - , ** ~ 2 - " , h Gk - 40Hurairah that the Messenger ofAU2h said: The w e d d i- feast i 2 + 6 2 :&;c2 &> gzon the first day is a n obligation, 2 >& 2 @I f . a - @& 3 p- on the second day is a customand on the third day is showing J4;j,j , : ~ , j &f 0x9 :,a,, 2 f, ,f>goff. " (Daifl . L q ; ,, $5+u,; . .&$Chapter 26. Staying With AVirgin And A Previously- &I& $Liyl&4/ - ( 7 7 +I) , , , .Married Woman ( Y l &d) . l +glli1916. It was narrated from Anas iG f l ~. ~ a >b G I. @>, - !?
  • 97. The Chapters On Maniage 99 CWI "19ithat the Messenger of All& gsaid: "Three d a y s for a 3 SGl - , $& 3L @ dl ,opreviously-married woman andseven days for a virgin. " (Hasan) JG :J G - 3 $j ,, dr, 3 . ii IGUH: . - , #, &> A 5p 1% 41 34; .UG1 f 7 i : G~ + J o ~ i i ~,L+I : ~ EJ $ d.2 j ~ a q &I~ : [I - &I & $1 &>I E> j !:I d l j :JL $7 . , 6% &i y 3 Yxl . - + L2+- +&I, + Ex & 41 lib h v f ~ i g ~ Ej2 &bbComments. .~ 1 4 4 After passing this time, the new wife will have the same rights as the wives before her. The new wife will have her turn as other wives have their turns. The husband will treat her equally in expenses and spending nights with her, just like the other wives. He will spend the night with her when she has her tum.1917. It was narrated from Al-H&ith from his father that when 62 :s 2 & . +f . f ; 6 3 - " ,,,~the Messenger of M & I . ,, 3 ,re? is "*married Umm Salamah, he stayed 4,Et : . 1with her for three days, then he & @ -said: "You are not insignifmint in , 2 2 G [L.L , +,dl a, - $ $ +f 2 1your husbands eyes. If you wishI will stay with you for seven I J ; f ;f 2 %rdays, but then I W ~ U stay with myother wives for seven days too." Jk3 , v$ 6% ?Gf & < ft c>> , ***(Sahih) & S! .I :$ +f & 4 3)h v tJjl iii!j &IJ . $1 hL & -. ?L ~ c b j L+l ,i p :E+ . * a > 3 + $ i d y ~ f T ~ : c & b j l ~Comments:a. If the bride is divorced or a widow, the husband is allowed to be with her for up to seven days; but in this case the husband will t e spend seven hn days with each o his wives, and then he will begin the turns. fb. In m p o m to this offer o the Messenger of AJl& g, f Umm Salamah, the Mother of the Believers, chose the period o three days. (Sahih Muslim: f 1460). The most probable reason of it was the hope that her tum would then come sooner.
  • 98. The Chapters On Marriage 100 eWl +19iChapter 27. What The M a nShould Say W h e n His Bride 61 &21 , 2 6 +$4& a; s t y v ul) - (Yv 4 ) 1Comes In To Hi ,"1918. It was narrated f r o m 2~ j +- ,*, >. ,L,, *, - -kx. - qnAbdullsh bin Amr that theProphet @ said: "When anyone : y , j ,J&Jl&+ > e *a -21of you gets a new wife, a servant, 3 A@ :$ ; g $1or an animal, let him take hold ofthe forelock and say: All&umma 3 ~4s> 2 , , 2 ~rw $1inni asaluka min &&/uI ma khuyiima jubilat alnihi, wa audhu bika $1 2 <+ 3 $1 &z & 3 %fmin shaniha wa s h v i ma jubilaf L?k j f f~ ykf ~ 6 Ilia : j 6 @ PI falaih (0 All%, 1 ask You for thegoodness within her and the J : B ~ x&?I; &+ , ,, ifgoodness that she is inclinedtowards, and I seek refuge with .& .. G $j 6s > &wYou from the evil within her and o&. , a . % ~3 ",&*: y&$i$G athe evil t o which she ismclined)." (Hasan),y ?L> -4 cml L>J!~41T+jl Lit) @-!&!I :&2> $>WI 2. c c L J L zfl 3 + &-ill, 1 $a1-3 % 3 +% 1L- . .+A! J~jl*Comments:a. The wife, female slave, cow, buffalo and horse etc, are all the favors o f All& to a man; but they may ba3i?e sud: habits which can ~3use perpetud concerns. Therefore, one should invoke i > l i S hto have good from them, and for no kr-m to be inflicted.b. The he.! of a human or an animal is the most &~~ortant of the body, part the objective o making supplication by placing the hand on the head of the f human or an animal is that All& may make them useful for us. AU3I knows best!1919. It was narrated from IbnAbbb that the Prophet + said: % el; ; : s , - 9, ,"When anyone of y& hasintercourse with his wife, let him &i$ ,&K pd& a , 2 >?say: Allihummn jannibnish- g cdG $1 , & 3 1 , p 4Shaitzna ma jnmibish-Shaitrina ma id>! 3 9x7 57 I$ $8 :jC g . , 91razaqtani (0 Allih, keep Satan ,, -- Laway from me and keep Satan j l k t ~ l lj * $,, a w l $ 1 :j6 &away from that with which You 3 1 & $ zj -2g 5 $; 5 ,
  • 99. The Chapters On Marriage 101 c-I +I ! ,*bless me). Then if they have achild, Allzh will never allow c.s :Fjf , - ., : &Wl&Satan to gain control over him orhe will never harm him." (Sahih) f : cG_iiJtll J J d jS _i, +I ~ D -6 ~++g cdJl+Jl9 -7 :&d .+,+, ? ij& ; p trt : @J ?l _CS 4l+ AT +. ?L cmI te L.>~ 3Comments:a. It is better to read the mentioned supplication before taking off the clothes.b. The benefit of this supplication is that due to its blessing, Satan keeps away when having intercourse; therefore, the risk o the effects o Satan on the f f children becomes less, and it is protection against some certain diseases also.Chapter 28. Covering OneselfWhen Having intercourse & 91 - ( Y A Aq 4) 1 (YA &I) rCbg~ t .i1920. Bahz bin H k m narrated ai : .- 4 d , I ?~S31 /< E L - fY.f r o m his gather t h a t hisgrandfather said: "I said: 0 ck :91jl,2Lf 3 9 C ,~ I J - J j~ 4> ,f, ! ) a )Messenger of All&, - h regard &to our Awrah, what may we :jT; ; ? C p ~2 %/ > t.+ 2 $uncover of it and what must we. & 2t 5 -615% $1 22; F :Gconceal? He said: Cover yourAwrahexcept from your wife and ,jy"!; . $ & :jljl ?;z G;those whom your right hand 6 :s .,. & L > &+j; ~ypossesses." I said: 0 ~ e i s e n ~of r e 2 , . K -. r d l h hi ~ ! ; f !&I 2~~Allsh, what if the people liveclose together? He said: If youcan make sure that no ont sees it, &; Y Lf &I - -* , I . I jG; 6 .d aju :& Y, & ,> uG:J"$ , l i ; q -then do not let anyone see it. I k "Usaid: 0 Messenger of A a what U,if one oi us is alone? He said fS; & & G ~j c v L 67 ;g :f - ~ 2 , .UqQl ie+#. , ~ * ~ , , "Mi% is more desennng that youshould feel shy before Hun t a hnpeople." (Hasan)+ = ~ + r v. , JI ~ 2 :?L .rbl~ s ~l> x i Lj - . ~s : c~ e [ - O~L~I j2 :E+L 4 y +I ; L, p 9 -G $ eJWl &J G Y V ? ~ cisL;" "-3 : ~ C+ % . :+ $Comments:a. To k e e ~ private parts preserved from anyone else, other than the wife ?he and female slave, means to abstain from illegal affairs and adultery.b. This fladith also indicates that if a husband and wife see each others
  • 100. The Chapters On Marriage 102 &a!ulq?i private parts, it is not sinful. The following AWith prohibited it but both narrations are Weak.1921. It was narrated fromUtbah bin Abd Sulami that the :sIjl 2 - ,, -3 G& - qyMessenger of All* said: 62 : 4 vdl $ 1 2 62"When anyone of you hasintercourse with his wife, let him a. 1, . - ."f 3 ;.+>$&-LI 2cover himself and not be naked 2 3 &6 2 $VI G 3 c&like donkeys. " (Daif) :% $1 3 4 ; JG :JG &I 2 # . ; 9; % $j Gf pkf .ngg1G+ &- ji 4grvl s L+2 o > L l :dsr"s;ll JLJI[ & a a L j 1 :cy% d&I$ d ,U + ,I ~ + :-+I 2 b, JL, J ; , pb3i, L" ~ i .+ z1922. It was narrated from a g :2 L .. f ?. 4 d, i k f G - ,qyyfreed slave of Aishah that k h a h said: "I never looked ator I never saw the private part of - 3 J& 3 - cs& 3 23 ~ -the Messenger of AU2h B." &zq J~ , , ; *, ,,(Daifj . .. L $ ; - -- ; f - $a& &,G (One of the narrators) Abu Bakr . I . $1 2; :(Ibn Abu Shaibah) said: "AbuNuaim said: From a freed female (~3 3 : , ,, J& , s J~ :slave of Aishah" .z: qChapter 29. Prohibition OfHaving Intercourse WithWomen In The Buttocks1923. It was narrated from AbuHurairah that the Prophet g said:"All* will not look at a man whohas intercourse with his wife inher buttocks." (Sahih)
  • 101. The Chapters On Marriage 103 &GJl +lniComments: All& 8%will not look towards hm; it means All& @ will not cast a glance i of mercv at him and his offence will not be foreiven on the Dav of ~ u d ~ e m k t shows the prohibition o this act; anothir Hadith narratesthat It . f . the oerwtrator o this act is cursed too. The Pro~hetic L f statement is. He who has intercourse with a woman from her backside (anus) is cursed. (Sunan Abu Dmuud: 2162)1924. I t w a s narrated f r o m c v :;% 3 -fgL - ,yiKhuzaimah bin Thibit that theMessenger of A % D said: &f : ; cG ; ?% * j I"All& is not too shy to tell the , , ,, .,huth, thee times. "Do not have <$I j 42 jr - ! $ >p- $1 34; j : J t +;t + $$ 2 $ .intercourse with women in theirbuttocks. " (Sahih) A $ & 9 a, ;la ; , @ . U&>q;f , 2 6l.31 . I$ Y D *I?+dl, ,+,+, $+dl -J 4-W )Yqilq7:c $1 rw1 :c+ .&Ul . d l & &, I pComments: The anus is a place of filth; therefore, a believer avoids it. Nahlrally, t i is hs not the function and purpose of this place; and medically it has many affects and dark sides, one of these has recently appeared in the form o f AIDS Disease. The legal place of intercourse, the vagina, is even forbidden during the days o impurity; so how can the place which is just for filth be f allowed!1925. It was narrated from 3 & $f 2 j 6 2 - qYa &Muhmmad bin Munkadir that he 2h 3 - ek :9 , ~ , A,& , a .,gheard Jibir bin AbddBh say:"The Jews used to say that if a g 2 2~ 3 2 m l$ , .man has intercourse with a . Ef.ol , , , , ,, , , .-. , fwoman in her vagina from the 3 9 P i;; :J+ A K :J&back, the child would have asquint. Then All*, Glorious is jc 2 C .JG! dgI 2~ G;; 2 GdHe, revealed: Your wives are a 2.& 1 . $ jf, ; $JL+$ oL& %I $ 2, -. ,tilth for you, so go to your tilth,when or how you will."^](Sahih)
  • 102. The Chapters On Marriage 104 f-1 "lgti .+ A L k ,Comments: The husband and wife are allowed to enjoy each other by all means, whether the woman is lying on her back, on the stomach or on the side. But the necessary thing is that only the legal and natural way according to Shariah should be used for intercourse.Chapter 30. Coitus I n t e m p t u s J3l - (r + 4 1 ) J,,*1926. It was narrated that Abu 2 L- $f 6 2 - ~ Y TSaeed Al-Khudri said: "A man -asked the Messenzer of All& i % & $1 2 + 2 h!;~ : t 5 fk s 2 i Iabout coitus intermpius. He said:Do you do that? If you do not do 2 $1 2 $1 &fk:"&so, it w a not harm;for there is no JG; Jk :Jg L-, ~ l &fsoul that AlEh has decreed will j, ys@ > 2 Z$ ,&j, g & ;fD :JGexist but it will come into being."(Sahih) : - p , if+L . - , 4f ~T/T:L.~, C&QI 2 JUI . . +pi [- a > ~ i :e+ l . S ~ Jf r ~ : ~ + - ~ = ~ p i s + d ~ c+~ae~,lComments:a. Coitus interruptus is, when having intercourse, to withdraw the penis before emksion of semen to avoid the risk of conception.b. If you do not do so, it will not harm; it indicates that not doing coitus interruptus is better, but it is not forbidden shictly. Therefore, if woman is unable to bear the difficulty of pregnancy and childbirth due to sichws or weakness, t e coitus intemptus may be practised. hn1927. It was narrated that Jibk 2 6 - % y ~said: "We used to practice coitus ~ , cJ> ; @ :@$Iinterruptus during: the time of the 3 ahlesskger of ~ l l z h when the @ J J$ :Jg -* 2 5~Qurin was being revealed."(Sahih) 2.:- r-.cm . $ cJI,LIJ@ - ~, $1 44;
  • 103. The Chapters On Marriage 105 em1Comments I& definite prohibition was not revealed during the period of revelation, which proves the permissibility o tbis action f , ,a1928. It was narrated that Umar I 1 - 4Y Abin Khattsb said: "The Messenger :q G k $ . 2Gi G kof All& g forbade practicing j $Icoitus interruptus with a free I r , , , 2 4j)l 2 p<.woman except with her consent." ; -J a $2 ~,,> *, S ~ ,> ", , (Daifi $ P L P c$lLP l z k ~ & ij & g Jz &I 2 ~ ; ,, : JL & 1!+ I S , ~ . L& , , $a $91 2Chapter 31. A Man Should @I g :q ( Y 4 - 1 )Not Be Married To A WomanAlong With Her Paternal or cr, d l ) @g ; y &+ E; 3M a t e d Aunt At The SameTime ~;2 :%1929. It was narrated from Abu !*$;IGL .- .Sl1 d , - ,qyq LHurairah that the Prophet @ said: 2G ; r+ , zLl 4, 7"A woman should not be marriedto a man who is mamed to herpaternal aunt or maternal aunt (atthe same time)." (Sahih) & @$ 9,2 -, . ., o L . :,a* gj @ & if$l@ gD :j6 , , .Sl 4 f :* ..* +I .u @ G1930. It was narrated that Abu $ iG E?k :d$ $ 7 - qY*Saeed Al-Khudri said: "I heardthe Messenger o All* @g forbid f +& 2 &q 2 ;a ;twotypesofmarriage:Foraman f:- & 4 ,2e;+;a2 i$$;;~to be married to a woman and herDatemd aunt tat the same time,, g $1 JG; + :J6 * -, +k d to a w o m k and her m a t e daunt (at the same time)." (Sahih) 2 3 7 1 + bl a . s&2 & @c ; 2;;$.& !I$
  • 104. The Chapters On Marriage 106 @at ~ t ~ iman should not be manied to a : JG; 26 : j6 $r 2 $4woman and her paternal aunt ormaternal aunt at the same time." & i;; ,& $ j,)(Sahih) .@I2 4hU. qYq.C4;W~t~.t+/IFl :. &2Comments: Afte~ death o a wife or after her divorce, her maternal aunt or the the f daughter o her sister, and her paternal aunt or the daughter of her brother, f are permissible for the man to take as brides. Similarly, two sisters at one time cannot be in the maniage bond of one man; but after the divorce or death of the first sister, the marriage o the second sister is allowed with the f same man. (An-Nisi 423)Chapter 32. A Man Divorces & $91 L. C. - (YY +I)His Wife Tluice, ThenAnother Man Marries HerAnd Divorces Her BeforeConsummating The Mamage. $ > 5y 1 JJ ~ . ? l . & .-i 3%Can She Go Back To The (t"7 LA)First Man?1932. I t was narrated from&shah that the wife of Rifiah : .- "~;!la - ? Y Y $ ; . $1 d ,N-Qurazi caaw r the Messenger ~ $ 1 ,4231 @ <% A& 2of Au8h and ndd: "I was &i2 <: ,, ij?married to Rifiah. a n d hedivorced me and made i t 3 1 36 - . dl J * d L G , ,Y> L irrevocable. Then I married 5 $5 . & .%c, +Abdu~-Rahu& bin Zubair, andwhat he has is like the fringe of a & k G 5s , .&I1 , 3 $31 +ga-at. The fiophet % smiled .j6 , + z,and said: "Do vou want to " PO . ., , . ,back to Rifsah? NO, not until youtaste his (Abdur-Rahmsns) 3 .Y ?LGJ2~ (* &> s3i3 .I; a &&Jnsweetness and he tastes voursweetness." (Sahih)
  • 105. The Chapters On Maniage 107c t U l . T T r 4 : c 4oLg: +L , l > - - 1 r i i l ~ cdJL+ll l ~ - 1 : j 9 c ;~ i r r : ~ ~ ~ ~ ~ - ~ i g i , ~ i ; h u , ~ . ~ .+ dl& &.;_*p ;_Comments:a. The permission o marrying the first man (who gave her final divorce) is f with the condition that the second husband divorced her after having intercourse. If the second husband divorced her before having sexual intercourse, then remarrying the former husband is not yet permissible; but she may marry a third person.b. The third divorce is an absolute or fnl divorce after which the right o ia f revocation is void. If a woman is divorced afier the marriage ceremony without consummating the marriage, then this first divorce will be regarded as absolute and final. I one is married to a female slave, then the second f divorce will be the absolute one. Any other case has the right to three divorces and the third divorce will be the last one.1933. It was narrated from IbnUmar, from the Prophet &,concerning a man who had a wifethen divorced h a , then anotherman married her but divorced herbefore consummating t h emarriage. Could she go back tothe first man? He said: "No, notuntil he tastes her sweetness."(Sahih)Comments. Taste meam the performance of intercourse, as has been mentioned previously.
  • 106. The Chapters On Marriage 108 &SSIChapter 33. The Muhallil ,<, l 9 wj $ 2 1 1 5 .- crr +I) 4And The Muhallal ~ a h u [ ] (TY d l ) 21934. It was narrated that Ibn f; EL :2 2 ? ~ 6 2 - qyt .i ~Abbk said: "The Messenger ofAll& @ cursed the Muhnllil and $ a <,dGLR ~ c p 3 ,"- +J I j F. +I 2 %A Irl>;1the Muhallal lahu." (Sahib) & 2 3 wl; * Wlg JyJ,+,, , ,3 .is 0 k! ;rz *aL: *As r(l:t i-j * :&G+>Wl-3 7A2:t > s ~ M &I l -3 crYr/Y:e 4 &> 1 iy* $! +&Y.v7:c ,>+I 2 2 I#+0Jj E+ J I +d> + AG (V /?:&I &I) .*! 4 @J 1 ~ 2 3~ I dk3 J 3 &I J L G3 Csaid: "The Messenger of All& g $ T; 6 2 : &13, -,cursed the Muhallil and theMuhnllal lahu." (Daifi 2 ., @I 2 $G ; 9 2 2 1 dl+.L, :1936. Uqbah bin Amir m a t e d $G &- g & - ilY7that the Messenger of AllCh gsaid: Shall I not tell you of a - b- ,$ ., 6 .&i2 : $ d l il +i f 2 J G - I * I ,borrowed billy goat." They said: :J$ ;LL: 21"Yes, 0 Messenger of A L ! He L %" > ,, ,, "He js M u h llil, J+; J + G ,: 2 J LGG G 21curse the Muhallil and the u~,&I AL , , , fa :@ $1Muhallal luhu." (Hasan) $n :JG .+I ;2 ; L: .$ ::I$[I Muhallif is the man who d e s a woman in order to divorce her, so that she c m go back to her first husband. Muhallai lahu is the first husband for whom this is done.
  • 107. The Chapters On Marriage 109 i=z*ll ++191 I L P Gal&W/, Ag c&yl &I*. &W1Comments:a. If a woman is divorced three times (the thrre divorces in accordance with the Sharfah) and her husband wants to take her back, it is not allowed. I a f second man marries her, and he has no intention to live a matrimonial or family life with her permanently; rather he intends to divorce her after rnaniage, and having sexual intmourse and this marriage is a trick, so that the former husband can remarry her, thus which was unlawful for the former husband. will become lawful, this type of temporaq marriage is called Haltld, if is declared a cursed deed in this Hadifh.b. The curse proves the prohibition of Haltlah, because a permissible deed never causes a curse.c. The person who perfonns HaEIah is named, in the Hadith, a billy goat or a male goat, which stresses the gravity of evil in this act.Chapter 34. What Is Unlawful & =?- , :L.+ ( ~ +I) ( , ,5 t -Due To Lineage Is UnlawfulDue To Breastfeeding (Tf U I ) +A 1 & tx L LL$~I .3 ,1937. I t w a s narrated fromAshah that the Messenger of 62 :s 1 2 S;-;iGL <- . , qyvAlEh #g said: Breastfeeding 9 c C u l 9 $ 2 $1 , esame things that blood ties makeunlawful." (Sahih) :@ +,I jG; J E : &,G 3 ag2 % / f f ~ :c ~ d l *L 3 kG,ll J vp- ?L cp,ll + :E*&dJ idJ+I *i i LA r;?&p/Z. 3 $1 42 Giz .G I + d l Y $ 1 , cComment% The details of the women who are prohibited for marriage due to fosterage (suckling a baby) are the following:a. Foster Mother: Who suckled you during the foster period (first two years of infancy).b. Foster Sister: Your real or foster mother suckled her, alorig with you, before you or after you; or a woman whose real or foster mother suckled you; i.e., a blood related children and the foster children of a woman will become U brothers and sisters of the suckling child.c. Foster maternal aunt: The sisters of the foster mother will become maternal aunts of the suckling child.d. Foster paternal aunt: The husband of the foster mother will be the father of
  • 108. The Chapters On Marriage 110 tK;tl u 1 9 i the suckling child; therefore, the sisters of the foster father will become paternal aunts and his brothers will be the paternal uncles of the suckling child. Other real brothers and sisters of the su&g child, who did not suckle the same foster mother, will not have any foster relation with the woman and her children.1938. It was narrated horn IbnAbbss that the Messenger of & $f i z - . -. - .,: ; - G k - !yhAUh @ was offered the daughter , - :&>dl 6 2 : y g g 4c 21of Hamzah bin Abdul-Muttalibin marriage, and he said: "She is & + z~ y ;;G2 ; ,&the daughter of my brother & ~~f @ 41 J&; % 51 +vG 2 2 1 ,through breastfeeding, a n d . & .&I j - 4+i Fbreastfeedim makes unlawful (for *, ss, & fp.d b . ? G ~ I &! %I ,jmarriage) &e same titig k t hnhns &blood ties make unlawful."(Sahih) .U A l & G gG91 t s&I tbJl, +~-;5" YL: ol~&Jl C~J!+JI :=+I 1 I - L I < + , 10" ~ Y l t o : ~ + -& , I> .* ;>E +- A .L 2 ttv:cComments:a. The chief of the martyrs, Hamzah 4s was the real paternal uncle of W s Messenger @. Therefore, the marriage of his daughter should have been legal with the Prophet; that is why Mi gave this proposal to the Prophet B. the Messenger of MlSh ? made it dear that it was possible because But & of the family lineage relation, but it was impossible due to the prohibition of fosterage.b. Thuwaibah the female slave of Abu Lahab, suckled Hamzah 4 she also ; suckled the Messenger of A l W @ for a few days. (Lama& Sharh MisMit, Book of Nikrih, chapter: The women prohibited for maniage)1939. It was narrated fromUrwah bin Zubair that Zainabbmt Abi Salamah told him thatUmm Habibah told her that shesaid to the Messenger of AUsh g:"Marry my sister Azzah." TheMessenger of All31 g said:"Would you like that?" She said:"Yes, 0 Messenger of All& I amnot the only one living with youand the one who most deserves to
  • 109. The Chapters On Marriage 11 1 cLGJI +lg?!share good things with me is mysister." The Messenger of AUSh gsaid: "But that is not permissiblefor me." She said: "But wethought that you wanted to manyDurrah bint Abi Salamah." TheMessenger of All21 g said: "Thedaughter of Umrn Salamah?" Shesaid: "Yes." The Messenger ofAMh g said: "Even i she were fnot my step-daughter who isunder my care, she would not bepermissible for me, because she isthe daughter of my brotherthrough breastfeeding.Thuwaibah breastfed both herfather and I. So do not offer yoursisters and daughters to me formarriage." (Sahih) Another chain of narrator withsimilar wording.Comments: . % "sia. Two sisters at one time are not allowed in the marriage bond with the same manb. Marriage with the step daughter is not allowed.c. The marriage with a foster niece is as prohibited as with the real niece.d. The relations of fosterage must be kept identified lest the marriageChapter 35. Suckling OnceOr Twice Does Not Make *, mistakenly take place with such a woman that it is not allowed. >s . Y f9 ,< :QF 41) - (TO (TO d l ) a l i Z i l ~3(Marriage) Unlawful1940. It was narrated that Umm L&.:% *,. .- d T a $ 2 , ~ .: /- UX- qfaFad1 said that the Messenger ofAll* said: "Breastfeeding once ~, &i EL ., -, 31 I,~ :>; 3L$or twice, or suckling once or $ 41 & 3 &I 4! 2 Z &
  • 110. The Chapters On Marriage 112 &cSI u141itwice, does not make (marriage)unlawful." (Sahih) dl J ~ ; ;r 32 ; , f :- , dl "JL21 .e;ll-31 ?f ? 9; f;;? ,jc#&,i,&.,ij. t o ~ : ~ ~ i ~ l " - " ~ d i > ~ &i c ~ +*+I~ j ze+ .+ L gComments: Some of the scholars understood from this Hadifh that three cases of suckling establishe the rules of fosterage, i.e. the relationship of fosterage is established. But the truth is that the fosterage is proven by suckling five times. As the saying o Aishah 6 is narrated in Sahih Muslim that the first f rule of suckling regarding the prohibition of marriage, revealed in the Qurk was of suckling ten times; later it was abrogated and the rule of fosterage prohibition due to suckling five times was revealed.1941. It was narrated from :21j+ 4E 2 X=2 G k .$ - qi&shah that the Prophet @ said: < I ,I ,, , 6 ~, 3 ~2"Suckling once or twice does not 4 + ~ 33 make (marriage) unlawful." z;~ 3) ; c l 2 $1 2$ p wl ,,,:(Sahih) ,, * yn :J6 @ QI - , .U * d l j 21942. It was n a r r a t e d t h a t @I &Z 2 + > I ~ &Z 1 2 q i y I 2-&shah said: "One of the thingsthat MCI, revealed in the Qdk :e 2 :&I U L G ., L ,e , :+,1j1 &Z 2 1and then abrogated was that 2 ?dl .$ > ~ $1prohibited except ten , ; -breastfeedings or five well-known J S ,9 : ,(breastfeedings)." (Sahih) fp- ‘$T$ j>f + && G g ?.&; L $5 4~Comments: This narration has uncertainty regarding the revealed rule if it was ten times or five times; but the aforementioned narration of Sahih Muslim made it dear that the rule was revealed for five times.
  • 111. The Chapters On Marriage 113 CUIChapter 36. Breastfeeding An 91 5 . tGJ 4 ,, , - (T"7 +I)Adult ( T I LkJl)1943. It was narrated that&shah said: "Sahlah bint Suhailcame to the Prophet and said:0 Messenger of AlEh, I see signsof displeasure on the face of AbuHudhaifah when Silim entersupon me." The Prophet @ said:"Breastfeed him." She said: "Howcan I breastfeed him when he is agrown man?" The Messenger ofAllih @j smiled and said: "I knowthat he is a grown man." So shedid that, then she came to the aProphet -~ and said: "I haven e v e r s e e n a n y s i g n s ofdispleasure on the face of Abu G k dT-, ~3 2 &-f; : a& @ 9.- a,,-<Hudhayfah after that." And he . l ~ $ s i i ; .*,.s>l lgiwas iesent at (the battle of)Badr.& (Sahih) .* b i k . +&j . i 1LLb, s ?L p 3 1 c+ e-+! :rJ;Comments: Due to this Hadith, s a 4 had the opinion that the milk, in whatever &hh age it is suckled, will prove the prohibition of fosterage. But other Mothers of the Believers did not agree with her; as appears in the following chapter. (See Hadifh: 194n1944. It was narrated that :& 2 kk $f 6 2 - q i f&shah said: "The Verse of csGi svl, , Gkstoning and of breastfeedmg an ,,adult ten times was revealed, andthe paper was with me under my 2 $2 3 $ gr 2 &I g. 2"Nearly allby Muslim and othersthe view here under of the wives ofUmmRophet the recorded of the scholars hold (similar of the rest no. 1947), the that Salamah @, a s a wife of the Prophet would say: "The rest of t e wivm of the Rophet =*refused to h have anyone enter upon them based upon such suckling. They said to Aishah: By AIM! We see that this is but an allowance that Allihs Messenger #& granted to S l i m specifically. So no one enters upon us based on this sudding, nor s m us." And regarding the sudding itself, Nawawi mentioned that Q2di Iyid said: "Perhaps she apmsed the m i , then he drank it without touchg."
  • 112. The Chapters On Marriage 114 +Ix!pillow. When the Messenger ofAll& died, we were 2 vdl 2 $71 &33 .&,G > , ,preoccupied with his death, and a k A$ a . T LG , &tame sheep came in and ate it."(Hasan) & ;g 5; ,T$ ,, 2 6 5 3 +?I .< $1 J & ~ L G 6 a: .&5f?jU , -, - @g 3; gG . d d l > c+$e&.,J> dy-+>>>,J%AlComments:a. These are such Verses that their recitation has b m abrogated, while the rule remained in force; therefore, the Companions did not write it in the copy of the Qurh.b. It is proven from other Ahddith that the latest rule regarding the prohibition of fosterage is for suckling five times, and t i is the preferred view. hsChapter 37. There Is No & LL&, Y :A! , - (rv ,. l -d)Breastfeeding After Weaning (rv d l ) JL+1945. It was narrated from ek :% 4f d $47 .- , ?~ Gk- qfo&shah that the Prophet % f .~ Gi ,,., hw , ~ g3entered upon her and there was a 4 $man with her. He said: "Who isthis?" She said: "This is my ZzG 2 ;.&s 2 :UI 2 %fbrother." He said: "Look at whom ,$; G+; q $2 & g $I ., Li ,, , ,you allow to enter upon you,because the breastfeeding (that :26 , &T : a NylL) : i 5 J~ ,"makes a person Mnhram) is that h &G>l&j,$& $which satisfies hunger. " ( ~ a h i h ) .u ~ ~ l&I L ~ Ju I ~ ~ & ZO+IJ!. V ~ C ~ I ~ + A II p i :G+2 k W I j k b j l k;! , :-4 GL~>I i+> YlfV:e -&I> .+a& ; i rComments: The prohibited relation due to fosterage will come about if the child is fostered in the first two years of age; and the child sucked milk five times to the fill; if a child is fostered after the first two years, then this sudding will
  • 113. The Chapters On Marriage 115 ~ L r i ; t lutni not be regarded as a prohibitive one, and it will not establish the relation of fosterage; except for in extreme circumstances.1946. It was narrated from ek :* zy G k - t i 7 2Abdullgh bin Zubair that the g said: 2 q$1 +,&f :+; 2 41Messenger of"There is no breastfeeding exceptthat which fills the stomach." a , , . L-. s ojp 3 ?$91 J .,(Sahih) , c <!*L$;%D :Jtg&l J+;:~$$I&.dl L+ bl,2 +dJ L+ !"!"*:c a + L1 s F :&4 a : I 0 1 d l ... I L . : G ~ P J I &!+Jl . JUJ . . p 9 & d 53 1 i ^ C3 ?I p j T :J 1 CG+A%-Comments: The meaning of the Hudith is, only that suckling will be taken into consideration in such early age o the baby when the milk o the mother f f serves the purpose of food for the baby. In nonnal circumstances, sudding a n older child will not establish the relation o fosterage. f1947. It was narrated from :$dl 2;2 Gk - qfv &f g jZ > QZainab bint Abi Salamah that the ,.+ . . gxwives of the Prophet all - ,s ,differed with Aishah and refusedto allow anyone with ties of i& f s8 : , f , ~, 2 y +I ~ p; *,breas&ding like m the freed , G 9 j 1 3 %> 2 $1 $slave of Abu Hudhaifah, to enterupon them. They said: "How do 2, , ,.. i f zf; 36 $ @ ,f . f @ ; f - ; !we k n o w ? That may be a &<concession granted only t oS W (Sahih) f ,., js GG; k $k f C&G J yL $ &E&i x G, < ;. , 2. 9 .&J :LC, .4nib i2 j 1 r && +A- ; p &I LLd) ?L iL j r bl r e -9 r ~ j - 2 .% $4?&Comments: The same opinion of the Pure Wives o Prophet @ is that of the majority f scholars. lmam E& d% preferred it too; as mentioned in the comments of the previous Ahidith. However some people are also i favor of effectivenesso n f suckling a grown up man; wbicb may be practised in extreme drcumstances. For further elaboration one may see in the appendix of Tafiir Ahsanul-Bay&, "Some Essential Rules of Fosterage," in the Urdu version.
  • 114. The Chapters On Marriage 116 el531 +l*lChapter 38. The Breast MilkBelongs To The Sire @I2 4~- (m +I) , (m z a l )1948. It was narrated that&shah said: "My paternal uncle 62 :s 2 +f < , 3l ,p, L& - qfAthrough breastfeeding, A 5 h bin :$ 3 ; e2 a~ , @ ~Abu Quais, came and asked $ +fif ; 3 : A 6 LG , . gG>l 3 $1 a. 9permission to visit me, after the s C % $ &b 1 a :.ruling on veiling had beenenjoined, and I refused to let himin, until the Prophet g& came in $ & ,z ,<- ~, :j6 ~t J +> .+al $ 3;and said: He is your paternal @ , ., * . I .uncle; let him in. I said: But it isthe woman who breastfed me; the 2 g - ,- " ,, .:fj sr"man did not breastfeed me. He iT 41% 42 :j6 YPJI & ;said: May your hands be rubbed n& , -,.with dust, or: May your righthand be rubbed with dust!"(Sahih),I, f / f f ~ : d l L j . L L b j 1 + Y - ~ L ~ L b j lC+ &~ +I ZG$~ ~ 39 1 b2, j> 3 < ~ *&pi3? : ~ ~ ? P ? ~ o ~ ~ ~ i ;~- l l~ V ~ + &! .?& *+1949. It was narrated that&shah said: "My patemal uncle + :. 3 6 2 : .Z id , f ; fik- , 9 2 4through breastfeeding came to 2 G$ $ +? 2 2 $1 <$ 3visit me and I refused to let him 2 $ 6~ : a c L G & % f ; 3in The Messenger of All& gsaid: Let your paternal uncle visit .z L<T if$ $ + h $ + ;you. I said: But it is the womanwho breastfed me; the man did &,- , & gB .,- : - > , j ; j~ G ~ .~, ~, f; * 2L ,not breastfeed me. He said: He is & y d c?,your paternal uncle; let him visityou." (Sahih) ,& u & ,& $ADj G . ~ J I :I 3 v / s i o : "+I, e L 3 &GjI + - ~ L b > l +*+i F-6 :e$2 "-;113 Wi3J+dl & L Y & C ~ WG ~ W I c + j &! 1 . I .?& *+ + Cl.h LUL y *+i, &> , j oYrS:c *>I r .Comments. Foster relations are established from both sides, that o the foster mother f and the foster father; resulting in foster maternal uncles and aunts etc. The husband o the suckling woman becomes the father o the foster child; so f f
  • 115. The Chapters On Marriage 117 &. w +19i his brothers and sisters will be childs foster paternal uncles and aunis etc.Chapter 39. A Man Became $31 Qq , - 0-4 e l )Muslim A n d He Has (i.e., Is 0 I _.,oMarried To) Two Sisters (79 d l ) aGl o+j1950. It w a s n a r r a t e d t h a t :% g .- ?*$:;I d, && - to.Dailami said: "I came to theMessenger of AUih @, and I was 4? 2 s L 3 y y % fml G 3m-ed to two sisters whom I -j L . ; F , Li9G LCif +, *,~:had married during the Ignoranceperiod. He said: When you go : J i &$%I 2 $ 2 4r 3 1back, divorce one of them." #(Hasan) ~ $GI &j c@ $1 4+; J 2 &$ C~ , , :j , " ~ #>c ,:J 6 .&dl *, . , . i" @*:: .41 .uG,xl & .+ Y , / i : i + $1 A ,, * ,$I +d $ ,2>> +I , +i C * I :=+-1951. D m k bin Fairuz Dailami $ I , yit., *iy .-.*z- 9 : , ? GJ * - qonarrated that his father said: "I ,~came to the Prophet g and said: 3 ~q~ $ 7 . y $1 j a, dl L3.b ,-0,0 Messenger of AUSh! I havebecome Muslim and I a m married ) 9 : i)? . ~ , , -. 9 gi ;to two sisters. The Messenger of %! 3 &&%I i3$ $ 3 a lAll* 8 said: Divorce whichever J ? :of them vou want." (Hasan) ,--~ - , . - 1 :Jii , j; Ji & afI 4 +& : ; &5 .u- "& & -,f Srn : g , @ ->, eJi TS,i +L O+! 2 : ?L ,W ~ J; I c>3~, *pi [I * :=+dl+- 2 a--=3 1 ~ l l r ~+L,dl -3 * : ~ to+ -3 di& 2 + YYil":c dki .a>, l"Y4riA/A:#l j *r 6> + I d JComments:a. If a person is already married in accordance with his religion, before embracing Islam, and then the wife and husband become Muslims, their first mamage bond will k valid; they are not required to remarry.b. Jf a man is married, before embracing Islam, to such a woman with whom his mamage is unlawful according to Islam, then after embracing Islam he will have to separate from her.c. Before embracing Islam, the children born from this sort of marriage will be regarded lawful, and they will share the inheritance of the father.
  • 116. The Chapters On Marriage 118 ?J +l U!9iChapter 40. A Man Became ~ $ 3 1 $ 4 - ( f + +I)Muslim And He Has More cr,Than Four Wives W, -f & %& --a. : $; f c1952. It was narrated that Qais :$!!$I &?< -ll sbl>,.E <, , - qOY 4& I , - Lf;C 9bin HSrith said: "I became z, ,- L . * ;c IMuslim and I had eight wives. I -3 +wenttotheProphetBandtold +$31&him about that. He said: Choosefour of them." (Daif) ., z~ ~. .G . ., : $ , dLj ai $,# :JG .zA: , ,, g g1953. It was narrated that IbnUmar said: "Ghailtin bin Salamahbecame Muslim and he had tenwives. The Prophet said tohim: Choose four of them." $ * : Gk 2 c$~jl ~ :+ $7 2 jg * - *_._ 2&Gk - xi :Jc 9+I e (..&> . , $ Zk 21 > & :* 2% I toy _(Daifl ., a, .; &f & ? J&n :@; . " + &Jl> s l, . *&L. cmI $-i$l +p![ + .>LIl :& r i .& + >- & I& :JG $JL+ll,yJ&3 c+- L-irj. Y A : c ~ : + .v.v:~ kw 8.3 &piComments:a. If a person is married to more than four women before embracing Islam, after embracing Islam he has the right to keep only four women in marriage, and he will necessarily divorce the rest.b. A person married to more than four women has the privilege to choose any four of them to keep in maniage bond, and there is no condition of choosing the first four or the last four.Chapter 41. Conditions In a 4 b 1 - ( I +I) 1 3SFMarriage r (t d l )1954. It was narrated fromUqbah bin &that the Prophet j $1 + ;, G k - qat .>
  • 117. The Chapters On Marriage 119 C-I ulwi said: "The conditions most 2 ZL f ;7 C& Y b: <*, 21 y e ,,deserving to be fulfilled are thoseby means of which the private 4f + &2 2 $ $ 4 g . 1parts become permissible for :: * , ,,you." (Sahih) + + y $1 g 2 $2 ,y c + . g . e # , +$I s :la f :J6 @ $1., 2 $G .c&$I * + I G . J if ;2 Yvt:E G~LGJI - 1 2 &>$I +L &>$I gG>WI ;& 4 *p! :&4b tlA.e t L J C Gl $ bJ$k .ti41 ?4 tKAl + 4: +A Li b .+ +I+Comments:a. Maniage is a contract between a man and woman; both have rights and obligations to discharge. A man and woman both should take c a of their ~ obligations.b. According to the circumstances, more conditions may be stipulated at the time of marriage.1955. It was narrated from Amr T ;bin Shuaib, from his father. that Gk : ~3 ;f &k- q a ~his g r a n d f a t h e r said: he 2 1Messenger of All& $ said: &Whatever is given as a dowry or , s p 2 c&$ & - ,, J; J G ,:JG+,y .: ijt.&i 7 y +g $,gi€tbefore the marriage, it belongs 9 jf + i f Gli.2 & Lg GD :@ $1to her. Whatever is given after themarriaze belongs to the one to g & C a,*$whomit was $;en. And the most .& jf @f . & 9 +deserving matter for which a manis honored is (the marriage of) his ,( ~ .f f 3 -1 ~2 -.. G &>?A #;daughter or sister." (Hasan)Chapter 42. A Man Setting &! e &21 - ( f Y 4 ) j,,m A6 1Free His Slave Woman Then ,* >, s :Manying Her b 2 9 p ( i y d ~ )1956. It was narrated from Abu & f ,& 2 , ( @ & - ,-, , & qo,Musa that the Messenger of AU%h said: "Whoever has a slave dG 2 2 + 62woman and teaches her good 22 2 2.+ &G +I
  • 118. The Chapters On Marriage 120 &a!manners and educates her, thensets her free and marries her, will I; * j; + , , ,, JG : J G ,, > ; , J ., 2 c;;$have two rewards. Any man from p Lwho believed in his Prophet andbelieved in Muhammad will havetwo rewards. Any slave who does $f * $2 Gf, +lxf . a &;3; , ~ 6> : s,, , , ,his duty towards Allsh and .jlfl AL % ip19 & $ +@I , -- ..towards his masters will have two 3; & 41 2 6;f ; & @yJ3rewards." (Sahih) (One of the narrators) SSlih said: , . .oblfll i r: AL i ~ l $"Shabi said: I have given this(Hadith) to you for little effort on , * f :Ql ., j6 :sb JGyour part. A rider would travel toA l - M a d i for less than this." Q 33 QI~I Lg 2~ a . 5$ $; .. &&I1 dl $>2,+ < 0 2 ~~ &i9 4~ ~ &->I iyl; -L .+I 4 : i +pi :E+ " p &A> &MI p J! g -ieu L& 1 g +XI "53 "6 ihhyl .Y&Commentsa. Male and female slaves are bought for service; the arrangement of their education and professional training is a great favor to them; and then setting the female slave free is another favor unto her. Thereafter, she should not be ignored for marriage just because she was a slave in the past; it will be the negation o her freedom Instead, it will be the perfection o f f favor that a freed female slave acquires the rights of a free wife.b. If a Jew remaining firm on Tauhid believes in Musa @&I, or a Christian believes in Eisa @&I (Jesus), so long as he is unaware of the prophethood of Muhammad #g, (Jew or Christian) is correct. Whenever he knows about he the advent o the Prophet &jand believes in him, thus he secures a double f reward, as is the story o Najishi. f1957. It was narrated that Anas ~2 ::*- be 2 -f , - & 90Vsaid: "Safiyyah was given to ~,DayahAl.Kalbi (as his share of >A1 $3 "i 6 EL :LC . ;li i . ; ., . G; a * ,,the war booty), then she was :j6given to the Messenger of All& +L , , . , Sf& .,,, h k ;.% @ 41 4% A:G & ,,#,/ after that. He m-ed her, and 3 " 3made her ransom (i.e., freedomfrom slavery) her dowry." (Sahib) @. ;; p & -. , . Hammsd said: "Abdul-Aziz . .. . ~l .%,& JG : +, JL J6said to Thsbit: 0 AbuMuhammad! Did you ask Anas .ji yG,*q , fl #q & -1:9 & G L !
  • 119. The Chapters On Marriage 121 eW1 "19i !what h a bridal-money was? Hesaid: Her bridal-money was her Gsffreedom.",;jkYl I ;. p d 4 &.IJ L;4 &&I i& GJW! ~ - jzG$!c b 3 2 4j! &b! "4 I 6CL-g cO*A? q f V : e uyJ13 .+ & a jL+&j l T 7 o : e j ! .Comments:a S,~fiv.aliheialnr .I v.lr pn.;olit.r rvhel? the. Muslim.; .~ttdckt>rl llan~iNadir, ,i trilw of L . w i l:,>r iurtlk,r Jetail, st%! Hnditlr: 1909 dnd it5 c ~ ~ m n i r n l i .b. The freedom of a f e d e slave can be declared as her dower1958. It was narrated from&shah that the Messenger of fik ., :s 2 ,~,*, , : s , f& l $, - q a ~ ,~! , sM g h @ set Safiyyahfree, m d 2 :*,3&%made her ransom her dowry, and J; & , ; i, &:G 2 Z/& 3 "2 fhe married her. (Sahih) ,& j-3 "&~f.@&, 3 bL;~ U ij*).i19 - l I t :c.3;Comments: As it is Islamically forbidden for a w o r n to many without the permission of her father or Wali (the guardian), likewise a slave is not allowed to many without the permission of the master. The logic of it is that, after marriage, the slave will have to look after his wife and children, and it will undermine the service to his master; but i the master, with a goodwill f gesture, is prepared to decrease his duties then the slave should marry, otherwise he should observe patience. Morally, the master should allow the slave to mmy so that he can protect his chastity.Chapter 43. A Slave ManyingWithout His Masters 3 @IF22 Gc : - (ir e ) lPermission (fY $gZbil a)1959. It was narrated from Ibn fik : > f; lf - Umar that the Messenger of .M g h @ said: "If a slave gets $ % &dl fik :& +?ljlmarried without his masterspermission, he is a fornicator." @ + g 2 $1 $ ,y *ljl ,, ,,(Daifl lip 1% &,I 2 ~ JG ; :JG 2 $1, 2 , .ul>G Lg ~$&.2 &+~$Aii $3
  • 120. The Chapters On Marriage 122 c r r ,I,! c;l .rqq yJ2 +. 2 @ &I * &ill &I3,1960. It was narrated from IbnUmar that the Messenger of 3~ :2 s . ,, - ,f?. GL ,. $ & $ +- 2 #,AU8h @ said: "Any slave who . 1 + ,.gets married without his masters 2~ 6 2 2 h,~L 3f Gpermission, is a fornicator."(Daij) y G- + &y 2 $2 $1 2 *,,, ~, > +I JC; : J E 2 212 2 ~ , , j $ &C A +il k$$9 $ f ~ : @ ."35 .& Ytv:C &I C+ .>L!I : E i ;Chapter 44. Prohibition Of y $1 + - ( i f +I)Temporary Marriage (Mutah) (Li z . i d l ) &I1961. It was narrated from Alibn Abu Taib that the Messenger i f~: s2 g - ., ,ofA~&gforbadeontheDayof $le > f 5 & ~ & * if Y; :**"~" $ $1 l $1 g > "QKhaibar, the temporary marriageof women and (he forbade) the & S ; ,flesh of domestic donkeys. (Sahih) +p y &! ,, > ;.$+Ia. In a temporary or short-term marriage, a man and a woman agree to live together as wife and husband for a temporary appointed term; and as soon as t i term comes to end, the marriage ends too. This kind of marriage was hs permissible, later it was forbidden, and now it is absolutely unlawful.b. The Islamic bond o marriage is a contract between man and woman to live f together for their whole Me. Because the objective of the temporary marriage is not to live together permanently, therefore it is prohibited tw.c. Domestic donkey is unlawful (to eat); an animal very similar to a donkey is found in the jungle, and it is called a d d ass in Arabic.
  • 121. The Chapters On Marriage 123 ,+a1 +Ix! I1962. It was narrated from Rabibin Sabrah that his father said: c : ~ 151;i ?L?. & ; f & - x .- , ,ql.( "We went out with the Messenger of All& $ on the Farewell g 2 $ 1 3 + 9@ 2& J 3 g$ :Ji Z>pilgrimage, and they said: 0 $ , 2Messenger of AU2h celibacy has : 4 4 ~ 2 1 ;become too difficult for us. Hesaid: Then make temporary J 5 14 $ x 5i J&;marriages with these women. So .>GE ,%?A, ?$ :2iwe went to them, but theyinsisted on a fixed tirne 3; I if &<L i~ f j fbetween us and them. They :Jg ,g$ 9 A :13yjj .*sf . , ,mentioned that to the Prophet gand he said: Set a fixed time *,<< 4 LI qP . . .(f s , & s;between you and them. So I wentout with a cousin of mine. H~ had ,,*,, " ~ 3 . ;i ; g __ j I*, ,d > , .LY. .& 2 $1;a cloak and I had a cloak, but hiscloak was finer than mine, and I J g .& t -7 fl; &?; > ;sfwas younger than him. We came > ,. ;: ~131to a woman and she said: One &I 2;; ,GI& ,+cloak is like another. So I maniedher and stayed with her that :j 5 9 9 3 ,., : >6 @night. Then the next day I saw the , ,:. ,Messenger o AU6h @ standmg f 2 &?I cs 2 $&& l g f u ;Ibetween the Rukn (corner) and thedoor (of the Kabah), saying: 0 fs JL&> 2 %I & YT .tE+Y I Ipeople, I h a d permitted & : 3 ;+ ~g 9 ,$ $ * temporary maniage for you, but & lj$fj9; , @All* has forbidden it until theDay of Resurrection. Whoeverhad any temporary wives, heshould let them go, and do nottake back anphing that you hadgiven to them." (Sahih)p $ cT $ r $ FT "T d .l "-" c~ "L ick2~ +*j;T :c+k- 2 , a L c SJ= d3 *I J . + ig $1 & I 3 Y / 1 2 . ~ : $1 ~ ...Comments: ,023 CL" $ "&I ;,p>ci+l&l, FJIa . Shaikh Alb5ni said: This Hadith is authentic but the mention o the Farewell f pilgrimage in it is incorrect. The truth is that it was made unlawful forever at the conquest o Makkah; as mentioned in Sahih Muslim:1406. fh The temporary marriage was allowed duing a limited time for certain
  • 122. The Chapters On Marriage 124 2 ~ -19i 1 circumstances and thereafter it was declared unlawful forever.1963. It was narrated that IbnUmar said. "When Umar binKhattsb was appomted caliph, headdressed the people and said:The Messenger of A E h %permitted temporary marriage forus three times, then he forbade it.By Allsh, if I hear of any marnedperson entering a temporarymarriage, I will stone him todeath, unless he can bring mefour witnesses who w ~ l ltestifythat the Messenger of All*allowed it after he forbade it."(Hasan)*+ +L L+ ~ A Y ~ ( : ~ ~ 41) +pi c ~ 9 1 F e 2 ~ :E+ gCLJI dbJ CJAY~ z &I+ -I zdb3 J a La +a a S3i . * g 3 /! q. F~J +&2 ki d3+&I *w->Comments:a. Umar & did not deny the fact that thporary marriage was lawful at some time; instead he made it clear that the final verdict of the Messenger of A!Eh regarding it was absolute prohibition fo&ver.h. :i:e i;i.r!-ri..~.! IIOI:.~ that wc,re r e s ~ r J e d!av:fu! in tho pre-lsl;iriuc urn, aitd .!1.1 ; :, :.:,hil,ittxI r: - in kidln, l u v e no lclidl st.ltus in l4a1iiiri l t n n . d l . Not,, i someone does this kind of marriage, it-will not be regarded as W a g e , f rather it will be an act of adultery; and this individual will be declared a crminal and will be given the prescribed punishment.Chapter 45. Marriage Of AMuhnm Ls r$l 2 +q - ( 2 o -1) (to a)1964. Malmunah bint Hsrithnarrated that the Messenger ofAllsh #$ marr~ed her when hewas Haliil (not in Jhrtm). (Sahih) i i e jone of the narrators-Yaz~d)s a d ":kd she was my maternald m t and the maternal aunt of f i n abh2s also "
  • 123. The Chapters On Maniage 125 f Wl +I*! .F. +~l ZG; dG , -!s3 :JG ::-,j :" +&I>, fjlJl eik; v ~"4 - CaI +* i :&4 p .+ G +T&IComments: Imam A l b b i , stated this narration as Contradictory ( S W ) ) . The truth & is that the Prophet #$ was not in the state of I h r h at the time of the marriage.1965. It was narrated from Ibn E k :2% 2 ~7 6 k - q ? oAbbSs that the Prophet g gotmarried while he was a Muhrim 2 i&;. 3 pJ 2 L,$ .+ 3p , ,(in Brim). (Sahih) gg dl . ,"I FG .+I :* [$;I$&" 2 ;F $ , ;"Ul eml , L 0 1 1 2 :t + cik; "6 <>1;-Jl cul *-I : & c .+ d. +l &A- .% , f y Q : c &Ul1966. It was narrated from A b hbin Uthm2n bin Aff2n that his 6~ : C-. a, , *, J j!~ *eza J 62 - q-I.ifather said: "The Messenger of s 4 G.,2 91 2 :; & $1 $AU2h g said: The one in %rimshould not get married, nor 1, 3 "f3 $ 1 * 3 , ~ , # y garrange a marriage for anyone JG : jti 97 2 k2 S 5 5 ~ 7 L &else, nor propose marriage.";Sahib) & Y; & Y ;$in :% J+; +I .&u yj> ?:+q: .+&I>, r j l J l ci