It was narrated that ‘A’ishah said: The Prophet (blessings and peace of Allah be upon him) used to rest in my lap when I was menstruating, then he would recite Qur’an..

Commentary : There are rulings that apply specifically to the menstruating woman, but she herself is not impure (najis), because the believer never becomes impure, as the Prophet (blessings and peace of Allah be upon him) said. Being close to a menstruating woman does not mean that the one who wants to recite Qur’an should not do so. This is what ‘A’ishah, the wife of the Prophet (blessings and peace of Allah be upon him) speaks of in this hadith, in which she says that the Prophet (blessings and peace of Allah be upon him) used to rest in her lap when she was menstruating. What is meant by the word translated here as resting is leaning on one side whilst sitting. It was also said that what is meant here is that the Prophet (blessings and peace of Allah be upon him) used to put his head in her lap when she was menstruating, and whilst he was in that position, he would recite Qur’an; that did not prevent him from reciting.
In this hadith we see how the Prophet (blessings and peace of Allah be upon him) treated his wives kindly and paid attention to their condition.
This hadith indicates that being close to his menstruating wife does not prevent a husband from reciting Qur’an, and the menstruating woman may listen to Qur’an without any reservations.
It also indicates that the body of the menstruating woman and whatever she wears are both pure (tahir)..

301

It was narrated that ‘A’ishah said: He used to put his head out to me when he was observing i‘tikaf and I would wash his hair, when I was menstruating..

Commentary : Among the Jews, when one of their women menstruated, they would banish her from the house, and they would not eat with her, drink with her or be in the same room as her. In our religion, however, the menstruating woman is not to be blamed for something that Allah has ordained for her, so her body is pure, apart from the place where the impurity is.
In this hadith, ‘A’ishah (may Allah be pleased with her) tells us that the Prophet (blessings and peace of Allah be upon him) used to put his head out to her in her apartment, when he was observing i‘tikaf in the mosque, and she would wash his hair for him, when she was menstruating. According to another report narrated in Sahih al-Bukhari, she would comb his hair when she was menstruating. The Prophet (blessings and peace of Allah be upon him) would bring his head close to her when she was in her apartment and the rest of his body was in the mosque, and he was aware of her condition and that she was menstruating, yet despite that she would touch him with her hands and take care of him, without any reservation or prohibition. Her apartment was attached to the mosque.
The hadith refers to cleaning a man’s hair, and other things that come under the heading of adorning oneself.
It indicates that a menstruating woman may care for her husband and help him with personal hygiene.
It indicates that if the one who is observing i‘tikaf puts his head, hand or foot outside the mosque, that does not invalidate his i‘tikaf.
It speaks of how the Prophet (blessings and peace of Allah be upon him) treated his wives kindly and paid attention to their condition.
It also indicates that the body of the menstruating woman and whatever she wears are both pure (tahir)..

302

It was narrated that ‘A’ishah said: When one of us was menstruating, and the Messenger of Allah (blessings and peace of Allah be upon him) wanted to be intimate with her, he would tell her to wrap something around herself at the beginning of her menses, then he would be intimate with her. She said: Who among you is able to control his desire as the Prophet (blessings and peace of Allah be upon him) was able to control his desire?.

Commentary : Allah (may He be exalted) says: {And they ask you about menstruation. Say, It is harm, so keep away from wives during menstruation. And do not approach them until they are pure} [al-Baqarah 2:222]. What is meant by keeping away from wives in this verse is not having intercourse with them; as for anything other than that, the husband may do it, meaning that he may do everything except intercourse. This is what the Mother of the Believers ‘A’ishah (may Allah be pleased with her) spoke of in this hadith, where she says: When one of us – meaning one of the wives of the Prophet (blessings and peace of Allah be upon him) – was menstruating and the Messenger of Allah (blessings and peace of Allah be upon him) wanted to be intimate with her by kissing and so on, other than intercourse, he would tell her to wrap something around her waist at the beginning of her period, so she would wrap herself in an izar (lower garment or waist wrapper) to cover the area between the navel and the knees. That would happen at the beginning of her menses, or when the bleeding was at its heaviest. Then he would be intimate with her, so he would approach her and touch her, but he would not have intercourse with her.
Then ‘A’ishah (may Allah be pleased with her) said: Who among you is able to control his desire as the Prophet (blessings and peace of Allah be upon him) was able to control his desire?
This hadith indicates that one should not be put off by a menstruating woman or show dislike to her, in contrast to the Jews, who would not eat with a woman or sit with her if she was menstruating.
It speaks of how the Prophet (blessings and peace of Allah be upon him) treated his wives kindly and paid attention to their condition.
It also indicates that the body of the menstruating woman and whatever she wears are both pure (tahir)..

309

It was narrated from ‘A’ishah that the Prophet (blessings and peace of Allah be upon him) observed i‘tikaf, and one of his wives was with him, when she was suffering from istihadah and was bleeding. Sometimes she would put a basin beneath her to catch the blood. He [one the narrators] claimed that ‘A’ishah saw safflower water and said: It is as if this is something that So-and-so used to see..

Commentary : Islamic teachings explain how women should purify themselves following menses and nifas (postpartum bleeding). Some women suffer from menses that last longer than the usual time, and they bleed heavily for longer than the days of the usual period. Islam makes things easier for them in that case.
In this hadith, ‘A’ishah (may Allah be pleased with her) tells us that the Prophet (blessings and peace of Allah be upon him) observed i‘tikaf in his mosque, isolating himself from people for the purpose of worship, and one of his wives observed i‘tikaf with him. It was said that she was Sawdah bint Zam‘ah, or that she was Ramlah Umm Habibah bint Abi Sufyan, or that she was Zaynab bint Jahsh. She was suffering from istihadah and was bleeding; istihadah is irregular bleeding that a woman experiences after the end of her normal menses. The blood of istihadah is thin and is not like menstrual blood. Sometimes she would put a basin – meaning a large vessel – beneath her to catch this copious bleeding, lest it contaminate her garment or the mosque.
Khalid ibn Mihran, one of the narrators of this hadith, said regarding the phrase “he claimed”: The word claim may refer to something that one is certain about, even though it is most often used with regard to something one is uncertain about, or to suggest that it is false. ‘Ikrimah claimed that ‘A’ishah (may Allah be pleased with her) saw some safflower water – which comes from a kind of plant and is yellow in colour; it is used as a dye but does not have a fragrance – and said: This yellow is something that resembles what So-and-so used to see at the time of her istihadah. This indicates that the blood of istihadah may be yellow and thin, and is not dark like menstrual blood.
This hadith indicates that a woman who is suffering from istihadah may observe i‘tikaf if she is certain that her bleeding will not contaminate the mosque..

312

It was narrated that Mujahid said: ‘A’ishah said: One of us would have only one garment in which she menstruated. If any blood got onto it, she would put some of her saliva on it and scratch it with her nails..

Commentary : This hadith is indicative of the hard life that the companions of the Prophet (blessings and peace of Allah be upon him) lived, and that they were content with very little of worldly comforts. In it, the Mother of the Believers ‘A’ishah (may Allah be pleased with her) says: One of us would have only one garment; what she meant by one of us is the wives of the Prophet (blessings and peace of Allah be upon him), the Mothers of the Believers. Even though they lived in the house of the Prophet (blessings and peace of Allah be upon him), one of them would own only one garment, and they were content with what Allah allocated to them. What ‘A’ishah (may Allah be pleased with her) says in this hadith is not contradicted by what is narrated in Sahih al-Bukhari from Umm Salamah (may Allah be pleased with her), that she had more than one garment, because what ‘A’ishah (may Allah be pleased with her) was referring to in this hadith was their situation at the beginning of Islam, for they were living a life of hardship and scarcity. When Allah granted conquests to the Muslims and their circumstances improved, women would have special garments to wear during their menses, separate from their other garments. It may be that what ‘A’ishah meant by “one garment” is a garment specifically for menses. There is nothing in the context to rule out the idea that she had other garments that she wore when she was not menstruating. That is also in harmony with the hadith of Umm Salamah in this regard.
If any menstrual blood got on the garment of one of the wives of the Prophet (blessings and peace of Allah be upon him), she would put some of her saliva on it, then scratch it with her fingernail. Then she would rub it and scratch it with her nail until the traces of blood were removed. It was said that she would do that, because this blood that was removed by scratching was little and could be overlooked. Hence she did not say here that she washed it with water. Similarly, she did not say that she prayed in this garment after removing the traces of blood by using her saliva and scratching it with her fingernail. Rather she used her saliva to remove the traces of blood, and she did not intend to purify the garment. There is a report from her in Sahih al-Bukhari which mentions washing the garment after scratching and rubbing it, and she says: “Then she may pray in it,” which indicates that when she wanted to pray in the garment, she would wash it so that she would be able to pray in it after that. .

314

It was narrated from ‘A’ishah that a woman asked the Prophet (blessings and peace of Allah be upon him) about doing ghusl to purify herself following her menses, and he told her how to do ghusl. He said: “Take a piece of cloth on which there is musk and purify yourself with it.” She said: How do I purify myself? He said: “Purify yourself with it.” She said: How? He said: “Subhan Allah! Purify yourself!” I pulled her to me and said: Follow the traces of blood with it..

Commentary : The Prophet (blessings and peace of Allah be upon him) taught women how to purify themselves and do ghusl following their menses to remove the blood. He described how to do that in a refined and polite manner, to avoid any embarrassment. He taught all of that to his wives, so that they could teach it to the Muslim women.
In this hadith, ‘A’ishah the Mother of the Believers (may Allah be pleased with her) tells us that a woman – it was said that she was Asma’ bint Shakal, or that she was someone else – came to the Prophet (blessings and peace of Allah be upon him) and asked him how she should do ghusl after her menses ended. The Prophet (blessings and peace of Allah be upon him) told her how to do ghusl, and instructed her to take a piece of wool or cotton on which there was some musk or perfume, then purify the site of the bleeding and where the blood had got to. But the woman did not understand what was meant, so she asked again how she should purify herself with this perfumed piece of cotton. The Prophet (blessings and peace of Allah be upon him) said: “Subhan Allah! Purify yourself!” He was astonished that she did not know how to purify herself with it, when that was something obvious that no one should be unaware of. At that point, ‘A’ishah (may Allah be pleased with her) pulled her aside and brought her close to herself, and told her: Follow the traces of blood with it; apply it to your private part and anywhere else that the blood got onto, to clean it and remove the smell of menstrual blood.
This hadith highlights how modest and shy the Prophet (blessings and peace of Allah be upon him) was, and how well-mannered he was.
It indicates that one should show shyness and embarrassment when speaking of private matters, especially when that is mentioned by men in the presence of women, or by women in the presence of men, and that one should use metaphors and euphemisms, and avoid mentioning them explicitly. One should show shyness and embarrassment if such things are mentioned, and avoid speaking of them explicitly.
It highlights the role of wise and knowledgeable women in conveying information and teaching other women..

318

It was narrated from Anas ibn Malik that the Prophet (blessings and peace of Allah be upon him) said: “Allah (may He be glorified in exalted) has appointed an angel in charge of the womb, and he says: ‘O Lord, is it to be a nutfah (sperm drop)? O Lord, it is it to be a ‘alaqah (a piece of thick coagulated blood)? O Lord, is it to be a mudghah (chewed piece of flesh)?’ Then when Allah wants to complete its creation, he says: ‘Male or female? Doomed or blessed? What is his provision and lifespan?’ And it is decreed in his mother’s womb.”.

Commentary : Everything that Allah creates is already decreed and will be as He wants it to be. There is nothing that happens in His dominion except it happens by His decree and with His knowledge. Allah (may He be glorified and exalted) has appointed an angel over the womb, which is the place where the embryo develops, as mentioned in this hadith. When the nutfah (sperm drop) is formed, this angel says: O Lord, is it to be a nutfah? This is a question from the angel to the Lord (may He be glorified and exalted). In other words, is it to be a nutfah, so that I should write it, for no one knows what is in the wombs except Allah; rather the angel is appointed to keep a record and write things down. The same thing happens in the following stages: O Lord, is it to a ‘alaqah (a piece of thick coagulated blood)…? And so on. The word nutfah refers to the sperm when it meets the ovum of the woman and fertilizes it. This is the first stage in the development of a human being. When it becomes a ‘alaqah, the angel says: O Lord, is it to be a ‘alaqah? The ‘alaqah is a piece of congealed blood that hangs on the wall of the uterus. When it becomes a mudghah, the angel says: O Lord, is it to be a mudghah? The mudghah is a small piece of flesh, the size of what a man can chew in his mouth. Then when Allah (may He be exalted) wills to complete the creation of this person, the angel asks the Lord (may He be exalted): Male or female? Doomed or blessed? In other words: Will You create it as a male or a female? Will he be one of those who are doomed (destined for Hell) or one of those who are blessed (destined for Paradise)? Then he asks about his provision and lifespan, and he writes down all of that when the person is still in his mother’s womb.
This is indicative of the might and eternal knowledge of Allah, and how He decrees all the affairs of His creation. So the individual should be moderate and not exhaust himself in seeking worldly provision, for everyone will be enabled to follow the path for which he was created; the one who is to be one of the people of Paradise will do the deeds that will enable him to reach Paradise, and the one who is to be one of the people of Hell will choose, by his own free will, the deeds that will lead him to Hell. Allah (may He be glorified) guides those who are blessed to do that which is good and makes available to them the means to do these deeds, and He causes those who are doomed to do evil and has made available for them the means of doing those deeds. That is because Allah has made clear to all the path of good and the path of evil. Thus each person acts with insight and knowledge, and chooses whatever he wants. Whoever chooses to do the deeds of the people of Paradise, Allah will enable him to do that, then He will admit him to Paradise, and He knows from eternity that he will be one of its people. By the same token, whoever chooses to do the deeds of the people of Hell, Allah will leave him to his own devices, until He admits him to Hell on the Day of Resurrection, and He knows from eternity that he will do the deeds of the people of Hell.
However, this does not contradict the command to work and strive in this world in pursuit of provision, and to seek Paradise by doing righteous deeds. Rather what we may understand from this hadith is that we should be moderate in striving (to earn a living), and not grieve over what we miss out on. The individual should strive his utmost and compel himself to do righteous deeds, and he should not neglect striving on the grounds that he is relying on what has already been decided from eternity about what his destiny is.
This hadith indicates that the fate of every person is written and decreed when he is still a foetus in his mother’s womb, after he has been formed and his limbs and faculties have taken their final shape. .

321

It was narrated from Mu‘adhah that a woman said to ‘A’ishah: Is the prayer of one of us valid [if she makes up the prayers] after she becomes pure? She said: Are you a Haruri? We used to menstruate at the time of the Prophet (blessings and peace of Allah be upon him) and he did not instruct us to do that – or, we did not do that..

Commentary : The Haruris are the Kharijis; they first emerged in the region of Harura’, near Kufah in Iraq, two miles from Kufah (approx. 3.5 km), and were named after that place. They are the ones who denounced ‘Ali (may Allah be pleased with him) for accepting arbitration in his conflict with Mu‘awiyah (may Allah be pleased with him), then they fought him. They regarded the Muslims as disbelievers and believed it was permissible to shed their blood. Hence when this woman came to ask ‘A’ishah (may Allah be pleased with her) whether a woman should make up her prayers when she becomes pure following her menses, ‘A’ishah said to her, objecting to that notion: Are you a Haruri? Meaning: are you one of this group of Kharijis? Because some of them used to tell the menstruating woman to make up her missed prayers, which was a sign of extreme tendencies in religious matters. Then she told her that the wives of the Prophet (blessings and peace of Allah be upon him) used to menstruate at the time of the Messenger of Allah (blessings and peace of Allah be upon him) but he did not instruct them to make up missed prayers. This is a matter concerning which there is consensus among the Muslim scholars, that a woman who menstruates does not have to make up the prayers missed during her menses, because prayer is an obligation that is repeated on a daily basis, so there is no need to make it up. This is by way of making things easier for women, and not making things too difficult for them by requiring them to make up the prayers that they missed during their menses..

326

It was narrated that Umm ‘Atiyyah said: We used not to regard the brownish and yellowish discharge as being of any significance..

Commentary : Menstrual blood has its own characteristics which women know. It is dark and thick blood that comes on certain days of every month. When this bleeding ceases, the woman should do ghusl and resume praying, as she has become pure. If she sees a yellowish or brownish discharge, or blood that is different from menstrual blood, after the time of her usual menses has ended – and this is what is known as istihadah (irregular bleeding) – she should not regard it as being of any significance, and it is deemed to not be menses. This is what the Sahabiyyah Umm ‘Atiyyah (may Allah be pleased with her) was speaking of when she said: We used not to regard the brownish and yellowish discharge as being of any significance. What is meant in this hadith by yellowish and brownish discharge is discharge that a woman may see, which may resemble pus with its yellowish colour. If the woman sees that outside of the days of her usual menses – as is clearly stated in the report narrated by Abu Dawud – she should not regard it as being of any significance, because they did not regard it as coming under the rulings on menses at the time of the Prophet (lessons and peace of Allah be upon him), so they did not stop praying or fasting because of it; rather a woman would do wudu’ for each prayer..

327

It was narrated from ‘A’ishah the wife of the Prophet (blessings and peace of Allah be upon him) that Umm Habibah suffered from istihadah for seven years. She asked the Messenger of Allah (blessings and peace of Allah be upon him) about that, and he instructed her to do ghusl. And he said: “That is a vein.” And she used to do ghusl for every prayer..

Commentary : Menstrual bleeding is something normal and natural, which happens to women every month in most cases, lasting for a certain number of days each month, which a woman usually knows. That is in contrast to the bleeding of istihadah, which is bleeding that happens to a woman because of sickness or health problems. Hence it lasts longer than the usual duration of menses, and lasts longer than the maximum duration of menses. Some women continue to bleed without stopping. Any bleeding that lasts longer than menses is regarded as istihadah.
In this hadith, ‘A’ishah (may Allah be pleased with her) tells us that Umm Habibah bint Abi Sufyan, the Mother of the Believers (may Allah be pleased with her), suffered from istihadah, and her istihadah lasted for seven years. She asked the Prophet (blessings and peace of Allah be upon him) how she should purify herself in order to be able to pray and do other acts of worship, and the Prophet (blessings and peace of Allah be upon him) instructed her to do ghusl after the days of her original menses had passed. He explained to her that that was bleeding from a vein and not the usual bleeding of menses. Based on that, the ruling for the woman who is suffering from istihadah is that she should do ghusl after the days of her usual menses have passed, and she should not pay any attention to the bleeding that does not stop after the time of her usual menses has ended, because that is the bleeding of istihadah. So she should do wudu’ for each prayer, and put something [like a cloth or pad] to protect herself from the blood, as is mentioned in the reports narrated by Abu Dawud and others from Fatimah bint Abi Hubaysh (may Allah be pleased with him).
With regard to the words “she used to do ghusl for every prayer”, it was said that the Prophet (blessings and peace of Allah be upon him) only instructed her to do ghusl following [the time of her normal] menses and resume prayer, and doing ghusl for every prayer was voluntary on her part. It was also said that what is by the phrase translated here as “do[ing] ghusl for every prayer” is simply washing off the blood that got onto her, because that comes under the heading of removing impurity (najasah), which is a condition of prayer being valid. And it was said that the ruling on doing ghusl that is mentioned in this hadith was abrogated by the hadith of Fatimah bint Abi Hubaysh in which there is the command to do wudu’ for every prayer, not ghusl. The two hadiths may be reconciled by interpreting the instruction [to do ghusl] in the hadith of Umm Habibah as referring to something that was recommended (but not obligatory).
In this hadith, we see that istihadah does not prevent a woman from praying or doing other acts of worship..

329

It was narrated from Tawus that Ibn ‘Abbas said: A concession was granted to the menstruating woman [during Hajj] to leave [Makkah without doing the farewell tawaf] if she menstruates..

Commentary : The farewell tawaf is one of the actions of Hajj; it is the final tawaf that the pilgrim does before leaving Makkah.
In this report, ‘Abdullah ibn ‘Abbas (may Allah be pleased with him) narrates that if a woman gets her menses during Hajj and starts to bleed before doing the farewell tawaf, then she is granted a concession allowing her to omit it, and nothing further is required of her. The farewell tawaf is waived for the menstruating woman if she has already done tawaf al-ifadah, which is the essential tawaf of Hajj, as we see in this hadith, and she may depart and return to her homeland. This is one of the ways in which Islamic teachings make things easy for people..

330

Ibn ‘Umar used to say in the beginning that she should not depart, then I heard him saying that she may depart, for the Messenger of Allah (blessings and peace of Allah be upon him) granted a concession to women..

Commentary : The farewell tawaf is one of the actions of Hajj; it is the final tawaf that the pilgrim does before leaving Makkah.
In this report, the Tabi‘i Tawus ibn Kaysan narrates that ‘Abdullah ibn ‘Umar used to say, in the beginning, that if a woman gets her menses before doing the farewell tawaf, she should not return home until she becomes pure and does that tawaf. Then he changed his view, and said that she may depart and return home, because the Messenger of Allah (blessings and peace of Allah be upon him) granted women a concession to that effect. That applies if the woman has done tawaf al-ifadah, which is the essential tawaf of Hajj, before she menstruates; in that case she may depart and return to her homeland without doing the farewell tawaf. This is one of the ways in which Islamic teachings make things easy for people.
From this hadith we learn that if there are two conflicting views, then the view that is based on a religious text takes precedence..

332

It was narrated from Samurah ibn Jundub that a woman died after giving birth, and the Prophet (blessings and peace of Allah be upon him) offered the funeral prayer for her, and he stood in line with her middle..

Commentary : The funeral prayer that is offered for the deceased is a mercy from Allah to His slaves, because in this prayer the people offer supplication for the deceased and pray for forgiveness for him. The Prophet (blessings and peace of Allah be upon him) was keen to offer the funeral prayer for those of the Sahabah who died, both men and women, and he taught his ummah the Sunnahs and etiquettes that are required when offering the funeral prayer.
In this hadith, Samurah ibn Jundub (may Allah be pleased with him) narrates that the Prophet (blessings and peace of Allah be upon him) offered the funeral prayer for a woman who died after giving birth. In al-Sahihayn, it says that she died during her nifas (post-partum bleeding). The deceased woman was Umm Ka‘b al-Ansariyyah, as named by Muslim in his report. After giving birth, a woman is in nifas. The Prophet (blessings and peace of Allah be upon him) offered the funeral prayer for her because even though the woman who is bleeding following childbirth (nifas) is not allowed to pray, that does not prevent the funeral prayer being offered for her if she dies during that time. The same applies to menstrual bleeding; the funeral prayer may be offered for a menstruating woman if she dies during her menses. By the same token, the funeral prayer may be offered for one who is junub, if he dies. In each of these cases, the deceased should be washed and the funeral prayer offered for him or her. It may be that what is meant by the Arabic wording of the original text is that the woman died of a stomach disease; perhaps she experienced internal bleeding, or perhaps it came out through her private part like menstrual blood. So if a woman dies in such a case, she is to be washed and the funeral prayer is to be offered for her.
When offering the funeral prayer for a woman, the Prophet (blessings and peace of Allah be upon him) stood in line with her middle and offered the prayer for her; that was so as to conceal the woman from the eyes of the worshippers behind him. This is in contrast to a man, as the Sunnah is to stand in line with his head..

333

It was narrated that ‘Abdullah ibn Shaddad said: I heard my maternal aunt Maymunah, the wife of the Prophet (blessings and peace of Allah be upon him), say that she would be menstruating and not praying, and that she would be lying down next to the place where the Messenger of Allah (blessings and peace of Allah be upon him) would prostrate as he was praying on a small mat made of reeds. [She said:] When he prostrated, part of his garment touched me..

Commentary : There are rulings that apply to the menstruating woman, but it is not one of them that she should not touch anyone and no one should touch her, as was the practice of the Jews with their women. Islam honours women in all circumstances, and permits others to interact with the menstruating woman, eat with her, speak to her and so on.
In this hadith, the Mother of the Believers Maymunah (may Allah be pleased with her), the wife of the Prophet (blessings and peace of Allah be upon him), narrates that at the time of her menses, when she was bleeding, she would not pray at that time, but despite that she would be lying on the floor next to the place where the Messenger of Allah (blessings and peace of Allah be upon him) prostrated in his room. He would be praying on a small mat made of reeds that was used to protect the hands and face from the heat and cold of the ground, and when he prostrated, his garment would touch her. This indicates that the menstruating woman is not impure (najis). It also indicates that the garment she wears when menstruating is pure (tahir) and that she may be close to one who is praying, and that does not affect or interrupt his prayer. This is one of the ways in which Islam makes things easy for women in all circumstances, and one of the ways in which Islam honours women, especially at the time of menses..

334

It was narrated that ‘A’ishah, the wife of the Prophet (blessings and peace of Allah be upon him), said: We went out with the Messenger of Allah (blessings and peace of Allah be upon him) on one of his journeys, and when we were in al-Bayda’ or Dhat al-Jaysh, a necklace of mine broke. The Messenger of Allah (blessings and peace of Allah be upon him) started to look for it, and the people helped him, but they were not at a watering place, so the people came to Abu Bakr al-Siddiq and said: Do you not see what ‘A’ishah has done? She made the Messenger of Allah (blessings and peace of Allah be upon him) and the people halt, and they are not at a watering place and they do not have any water with them. Abu Bakr came, when the Messenger of Allah (blessings and peace of Allah be upon him) had put his head on my thigh and gone to sleep, and he said: You have detained the Messenger of Allah (blessings and peace of Allah be upon him) and the people, and they are not at a watering place and they do not have any water with them. ‘A’ishah said: Abu Bakr rebuked me and said whatever Allah willed he should say, and he started to poke me in my side with his hand, and nothing prevented me from moving except the fact that the Messenger of Allah (blessings and peace of Allah be upon him) was sleeping on my thigh. Then the Messenger of Allah (blessings and peace of Allah be upon him) got up in the morning, and when he got up there was no water. Then Allah revealed the verse of tayammum, so they did tayammum. Usayd ibn al-Hudayr said: This is not the first of your blessings, O family of Abu Bakr. Then we made the camel that I had been riding stand up, and we found the necklace under it..

Commentary : Islam came to make things easy for people with regard to purification and wudu’, and it enjoins doing tayammum with clean earth and the like when water is not available, or one is unable to use it. In this hadith, ‘A’ishah (may Allah be pleased with her) narrates that they went out with the Prophet (blessings and peace of Allah be upon him) on one of his journeys; that was the campaign of Banul Mustaliq in 6 AH. Then when they were in al-Bayda’ or Dhat al-Jaysh, which are two places after Dhul Hulayfah, between Makkah and Madinah, a necklace of hers broke. It was made of Zafar beads, as is explained in other reports; they were Yemeni beads that were brought from Zafar on the coast. The Prophet (blessings and peace of Allah be upon him) halted there to look for it, and the people halted with him, but they were not carrying water with them and there was no watering place in that location. So the people came to Abu Bakr (may Allah be pleased with him) to complain about what his daughter ‘A’ishah (may Allah be pleased with her) had done to them, as she was the reason why they had halted in that place where there was no water. According to a report in al-Sahihayn, the time for prayer came and they had no water with them, so they prayed, then they complained about that to the Messenger of Allah (blessings and peace of Allah be upon him).
Abu Bakr (may Allah be pleased with him) came to her to rebuke her for that, when the Messenger of Allah (blessings and peace of Allah be upon him) was sleeping, resting his head on her thigh, using it as a pillow. This indicates that the Messenger of Allah (blessings and peace of Allah be upon him) was not worried, even though there was no water. It may be that he fell asleep before he knew that there was no water. Abu Bakr (may Allah be pleased with him) said to her, rebuking her: You have detained the Messenger of Allah (blessings and peace of Allah be upon him) and the people, and delayed their travel! And he said whatever Allah willed he should say of rebukes, and he started poking ‘A’ishah (may Allah be pleased with her) in her side with his fingertips, so that the Messenger of Allah (blessings and peace of Allah be upon him) would not be disturbed by that. ‘A’ishah (may Allah be pleased with her) wanted to get up and move away from him, and nothing prevented her from doing that except the fact that the Prophet (blessings and peace of Allah be upon him) was asleep, resting his head on her thigh. When morning came, he woke up and he needed to do wudu’, but he could not find any water at that time. Then Allah (may He be exalted) sent down the verse of tayammum that is in Surat al-Ma’idah: {[But if you] do not find water, then seek clean earth and wipe over your faces and hands with it} [al-Ma’idah 5:6]. The word tayammamu (seek clean earth) in the verse is either in the past tense, meaning that the people did tayammum because of this verse, or it is in the imperative form, so it is a command to do tayammum, as appears to be the case from the phrasing of the text. Allah revealed the words {then seek clean earth…}, and this is by way of making things easier for them; it was a concession allowing them to do tayammum if they could not find water. The verse explains how to do tayammum, and the Prophet (blessings and peace of Allah be upon him) put it into practice in his Sunnah. The way it is done is by striking the hands once on some clean earth or clean dust, then wiping the face and hands. At this point, Usayd ibn Hudayr (may Allah be pleased with him) said: This is not the first of your blessings, O family of Abu Bakr, for your blessings are many, and this is one of them. Perhaps he was referring thereby to the incident of the slander (al-ifk).
Then ‘A’ishah (may Allah be pleased with her) narrated that after that, they made the camel that she had been riding stand up, and they found the lost necklace under it. It is as if Allah (may He be glorified and exalted) caused them to be delayed and made them stay in that place so that He might reveal to them a way of making things easier for them.
This hadith highlights the fact that tayammum is prescribed, and mentions the reason why it was prescribed.
It indicates that a father may rebuke her daughter even if she is grown-up and married.
It indicates that a woman may complain to her father, even if she has a husband.
It indicates that a man may visit his daughter, even if her husband is present, if he knows that her husband approves of it.
It indicates that women may wear jewellery and use necklaces so as to adorn themselves for their husbands.
It highlights the virtue of ‘A’ishah and that the Muslims were blessed many times through her. .

1471

Ibn ‘Umar reported that he divorced his wife during her menstruation in the Prophet's lifetime. So, ‘Umar ibn al-Khattāb asked the Messenger of Allah (may Allah's peace and blessings be upon him) about that and the Messenger of Allah (may Allah's peace and blessings be upon him) said: "Order him to take her back and keep her until she attains purity, then menstruates, then attains purity. Then, if he wishes he may keep her, and if he wishes he may divorce her before having intercourse with her. This is the ‘Iddah (waiting period) that Allah Almighty has ordered for the divorce of women." [Another version reads]: That he divorced his wife during her menstruation, once. So, the Messenger of Allah (may Allah's peace and blessings be upon him) commanded him to take her back and keep her until she attains purity, then menstruates again, while still being with him, then to give her time until she attains purity from her menstruation. After that, if he wanted to divorce her, he could do so when she becomes pure before having sexual intercourse with her, as this is the ‘iddah that Allah commanded for the divorce of women. [Another version reads]: On being asked about this, ‘Abdullah said to someone: "If you divorced your wife once or twice, the Messenger of Allah (may Allah's peace and blessings be upon him) commanded me to do this. However, if you have divorced her thrice, she became forbidden to you until she is married to another man, and you have disobeyed Allah regarding what He commanded you in divorcing your wife.".

Commentary : The legislated divorce is that one divorces his wife one time while being pure (of her menses) without having sexual intercourse with her during this period of purity. It is called Talāq Sunni (Sunnah-compliant divorce). As for the forbidden divorce, it is to divorce one's wife more than once in one utterance, or to divorce her during her menstruation, or during a period of purity in which he had sexual intercourse with her. This is called Talāq Bid‘i (Heretic divorce).
In this Hadīth, ‘Abdullah ibn ‘Umar (may Allah be pleased with him and his father) narrates that he divorced his wife - her name was Āminah bint Ghifār, and it was said: Āminah bint ‘Ammār, and there are other opinions as well - during her menstruation before attaining purity, and that was in the Prophet's lifetime. His father, ‘Umar ibn al-Khattāb, went to the Messenger of Allah (may Allah's peace and blessings be upon him) and asked him about the ruling on this divorce that occurred during menstruation, whether it is permissible or not, and whether it counts or not. The Messenger of Allah (may Allah's peace and blessings be upon him) commanded him to order his son, ‘Abdullah, to take her back in marriage and keep her with him "until she attains purity" from the menstruation in which he divorced her, "then menstruates" again, "then attains purity" from the second menstruation. After attaining purity from the second menstruation, he could keep her as his wife if he wished or he could divorce her in the second period of purity before having intercourse with her. This state, namely the state of purity, is the time for starting "the ‘Iddah that Allah Almighty has commanded for the divorce," i.e., during which, "women", as Allah Almighty says: {O Prophet, when you [believers] divorce women, divorce them with concern to their waiting period.} [Surat at-Talāq: 1] That is to say, divorce them while receiving their ‘Iddah, i.e., at the time they could start the ‘Iddah, and the period of menstruation is not counted in the ‘Iddah. So, if one divorces during this time, his divorce does not occur in the state commanded by Allah, which is starting and entering the ‘Iddah, when the divorce occurs during the period of her purity not during the period of her menstruation. This is because, during the purity period, she can keep an accurate count of her ‘Iddah, which is three Qurū’ (menstrual cycles), and "qur’" is purity, and it was said: menstruation.
In another version, Muhammad ibn Rumh - one of the Hadīth narrators - added: Whenever ‘Abdullah ibn ‘Umar was asked about divorcing a woman during menstruation, he would say to the questioner: If you divorced your wife once or twice then take her back, as the Messenger of Allah (may Allah's peace and blessings be upon him) commanded me to do so. However, if you divorced her thrice then this is an irrevocable divorce and you cannot take her back and she becomes forbidden for you "until she is married to another man," and he has sexual intercourse with her and then divorces her. After her ‘Iddah is over, she becomes lawful for you again to marry.
And by doing this, you disobeyed Allah and went against Him "regarding what He commanded you in divorcing your wife" during the purity state in which you had intercourse with her, as Allah Almighty says: {O Prophet, when you [believers] divorce women, divorce them with concern to their waiting period.} [Surat at-Talāq: 1]
This clarifies that the divorce counts, whether it is Sunni or Bid‘i. The fact that the Bid‘i divorce is forbidden does not entail that it does not occur. It only means that whoever does this deliberately is considered sinful, yet the divorce still counts.
In a version of Muslim, Anas ibn Sīrīn said to Ibn ‘Umar (may Allah be pleased with him and his father): "Was that divorce that you gave her when she was menstruating counted as such?" and you considered it one of the three divorces. "‘Abdullah ibn ‘Umar said: Why would I not count it? (It must be counted) even if I failed and acted foolishly," i.e, failed to fulfill an obligation or acted foolishly and did not fulfill it, or failed to take her back and acted foolishly. Would that be an excuse for him, or would his foolishness make it not count, or would his failure invalidate it?! It is a question of disapproval whose answer is supposed to be: Yes, it is counted, and his failure and foolishness do not prevent it from being counted.
The Hadīth indicates the keenness of Islam to restrict the circumference of divorce as much as possible, and if it happens, it does not cause harm to any of the spouses.
It also indicates that the husband alone has the right to Raj‘ah (taking the wife back) without the guardian..

1472

Ibn ‘Abbās reported: The triple divorce during the lifetime of the Messenger of Allah (may Allah's peace and blessings be upon him) and that of Abu Bakr and two years of the caliphate of ‘Umar was counted as one. Then ‘Umar ibn al-Khattāb said: "Indeed, people have hastened to a matter regarding which they used to act with deliberation. So, if we would make them count (as three divorces)," and he did that..

Commentary : Allah Almighty has made divorce a kind of respite between the spouses when life between them becomes impossible. In Islam, divorce has certain criteria and results in a number of rights.
In this Hadīth, ‘Abdullah ibn ‘Abbās (may Allah be pleased with him) narrates: During the lifetime of the Messenger of Allah (may Allah's peace and blessings be upon him) and that of Abu Bakr and two years of ‘Umar's caliphate, whoever triply divorced his wife in one session or in one time, would count as a single divorce. An example of this is saying: "You are divorced thrice," or saying: "You are divorced. You are divorced. You are divorced." Then the husband can take his wife back during the period of ‘Iddah (waiting period) without a new contract. If the ‘Iddah is over, he can take her back with a new contract. It is not counted as three divorces that would make his wife unlawful for him until she is married to another man. It is deemed to refer to what was most likely meant, which was the intent of confirmation, not for continuing the count. During the lifetime of ‘Umar (may Allah be pleased with him), people used this form frequently while most likely intending to continue the count not by way of confirmation. Hence, ‘Umar (may Allah be pleased with him) made it count as three divorces. He said: "Indeed, people have hastened to a matter regarding which they used to act with deliberation," i.e., they were entitled to three divorces to give themselves a chance to reconsider their affairs, as it might seem better for them to take their wives back. His saying: "So if we made them count," i.e., He consulted those who were with him from the Companions (may Allah be pleased with them) regarding the one who gave three divorces all at once to make such a divorce an irrevocable triple divorce as he uttered, to deter them from rushing into divorce. Thus, he enforced it on people after consulting the senior Companions and their agreement with him.
This is interpreted from him (may Allah be pleased with him) as a form of Ijtihād and laying down rules that would bring benefit to his subjects within the boundaries of Shariah, without making things too difficult or too easy..

1476

‘Ā’ishah reported: The Messenger of Allah (may Allah's peace and blessings be upon him) used to seek our permission on the day he had to stay with one of his wives (by turns) after the following verse was revealed: {You [O Prophet] may postpone [the turn of] whoever you wish [of your wives], and you may share your time with whoever of them you wish.} [Surat al-Ahzāb: 51] Mu‘ādhah said to her: What did you use to say to the Messenger of Allah (may Allah's peace and blessings be upon him) when he asked your permission? She said: I used to say: Were it up to me, I would not give anyone preference over myself..

Commentary : The Prophet's wives loved him dearly to the extent that they used to compete to please him and show their love to him.
In this Hadīth, the Mother of the Believers ‘Ā’ishah (may Allah be pleased with her) reports that the Prophet (may Allah's peace and blessings be upon him) used to ask permission from his wife, whose turn was due, to go to another one of his wives. The Messenger of Allah (may Allah's peace and blessings be upon him) had nine wives, and he used to allocate a day for each to stay with her overnight. This act of his seeking permission was after the revelation of the following verse: {You [O Prophet] may postpone [the turn of] whoever you wish [of your wives], and you may share your time with whoever of them you wish, and there is no blame on you if you call back any of those whose turn you have set aside. That is more likely that they will be content and not distressed, and that they will be satisfied with what you give them all. Allah knows what is in your hearts, and Allah is All-Knowing, Most Forbearing.} [Surat al-Ahzāb: 51] This verse means: O Messenger, you have the right to delay the turn of whoever you wish of your wives and not stay overnight with her, and you have the right to share your time with whoever you wish of them and stay overnight with her; and there is no blame on you if you call back any of those whom you have delayed. Giving you the choice and making things flexible for you are more likely to make your wives content and satisfied with what you give them all for knowing that you have not neglected duty and have not withheld a right, and Allah knows what is in your hearts - O men - of inclination to some women apart from others, as Allah is All-Knowing of His slaves' actions and nothing thereof is hidden from Him, and He is Most Forbearing and does not hasten to punish them hoping that they may return to Him in repentance.
The female Tābi‘i Mu‘ādhah al-‘Adawiyyah asked ‘Ā’ishah (may Allah be pleased with her): "What did you use to say to the Messenger of Allah (may Allah's peace and blessings be upon him) when he asked for your permission?" ‘Ā’ishah (may Allah be pleased with her) replied that she used to say to the Prophet (may Allah's peace and blessings be upon him): "Were it up to me," i.e., if this act of seeking permission is in my hands, "I would not give anyone preference over myself," i.e., I would not give my day to another wife. This was due to her love to be close to the Messenger of Allah (may Allah's peace and blessings be upon him) to serve him, enjoy intimacy with him, and benefit from him.
Such a competition between his wives was not for mere pleasure, intimacy, personal desires, and enjoyment, as is the case with some people. Instead, it was a competition for matters related to the Hereafter and for being close to the master of the first and the last, for expecting the descent of mercy and revelation upon him while being with her and so on.
The Hadīth clarifies one of the Prophet's exclusive rights, namely choosing whomever he wished from his wives whenever he wished.
It also points out some of the etiquettes between spouses and teaches them how a man should seek his wives' permission when sharing his time with them and how the woman should show him love and affection..

1478

Jābir ibn ‘Abdullah reported: Abu Bakr (may Allah be pleased with him) came and sought permission to see the Messenger of Allah (may Allah's peace and blessings be upon him). He found people sitting at his door and none amongst them had been granted permission, but it was granted to Abu Bakr and he went in. Then came ‘Umar and he sought permission and it was granted to him. He found the Prophet (may Allah's peace and blessings be upon him) sitting sad and silent with his wives around him, and said: He said: I would say something that would make the Prophet (may Allah's peace and blessings be upon him) laugh. So, he said: "O Messenger of Allah, I wish you had seen the daughter of Khārijah when she asked me for extra money, and I got up and slapped her on the neck. The Messenger of Allah (may Allah's peace and blessings be upon him) laughed and said: "They are around me as you see, asking for extra money." So, Abu Bakr got up and slapped ‘Ā’ishah on the neck, and ‘Umar got up and slapped Hafsah on the neck. Both of them did this saying: "Are you asking the Messenger of Allah (may Allah's peace and blessings be upon him) what he does not have?!" They said: "By Allah, we would never ask the Messenger of Allah (may Allah's peace and blessings be upon him) for something that he does not have." Then he retreated from them for a month or for twenty-nine days. Then, the following verse was revealed to him: {O Prophet, tell your wives} until the part that reads {for those who do good among you a great reward.} [Surat al-Azāb: 28-29] He said: So, he started with ‘Ā’ishah, saying: "O ‘Ā’ishah, I want to propound something to you but I wish you not to be hasty concerning it until you consult your parents." She said: "What is that, O Messenger of Allah?" So he recited the verse to her. She said: "Is it concerning you, O Messenger of Allah, that I should consult my parents?! Nay, I choose Allah, His Messenger, and the Final Abode; but I ask you not to tell any of your wives what I have said." He said: "None of them asks me except that I will inform her. Allah did not send me to be harsh, or cause harm, but He sent me to teach and make things easy.".

Commentary : The Prophet (may Allah's peace and blessings be upon him) was generous with his wives and provided for them from what Allah granted him. However, he used to spend often on the cause of Allah and on what would benefit people, leaving only a little for himself and his family. This led to some harm felt by his wives; however, Allah Almighty gave them the choice to either endure life patiently or get a divorce and be separated from him kindly.
In this Hadīth, Jābir ibn ‘Abdullah (may Allah be pleased with him and his father) narrates: Abu Bakr (may Allah be pleased with him) once came and sought permission to see the Messenger of Allah (may Allah's peace and blessings be upon him) and found people sitting at his door and none among them was granted permission to see the Prophet (may Allah's peace and blessings be upon him). Then, the Prophet (may Allah's peace and blessings be upon him) granted Abu Bakr (may Allah be pleased with him) permission and he entered. Then, ‘Umar (may Allah be pleased with him) came to the Prophet's house and sought permission to enter and he permitted him. On entering, ‘Umar (may Allah be pleased with him) found the Prophet (may Allah's peace and blessings be upon him) sitting with his wives around him and he was intensely sad, so much so that he stopped talking. So, ‘Umar (may Allah be pleased with him) said to himself - and it was said: The speaker was Abu Bakr - (may Allah be pleased with him): "I should say something that would make the Prophet (may Allah's peace and blessings be upon him) laugh." So, he said: "O Messenger of Allah, I wish you had seen," i.e., if you knew that my wife, the daughter of Khārijah, asked and requested from me an extra amount of money, more than the usual or more than needed, so I got up and "slapped her on the neck," i.e., hit her neck with my hand. So, the Prophet (may Allah's peace and blessings be upon him) laughed out of the resemblance between his condition and that of ‘Umar. The Prophet (may Allah's peace and blessings be upon him) said: "They", referring to his wives, are sitting "around me as you see, asking for extra money" and requesting more money than the usual amount. When the Prophet (may Allah's peace and blessings be upon him) said this, Abu Bakr (may Allah be pleased with him) got up and went to ‘Ā’ishah (may Allah be pleased with her) to slap her on the neck by way of discipline. ‘Umar (may Allah be pleased with him) also got up to slap his daughter Hafsah (may Allah be pleased with her) on the neck by way of discipline, and each of them was saying to his daughter: "Are you asking the Messenger of Allah (may Allah's peace and blessings be upon him) for what he does not have?!" It was an expression of rebuke and reprimand for them because of their asking for an extra amount of money while the Prophet (may Allah's peace and blessings be upon him) did not have it. "They said: By Allah, we would never ask the Messenger of Allah (may Allah's peace and blessings be upon him)," after this "something that he does not have." The Prophet (may Allah's peace and blessings be upon him) got angry because of this and he retreated from his wives for thirty or twenty-nine days without entering their houses or approaching them. Then, the following verses were revealed: {O Prophet, tell your wives, “If you seek the life of this world and its embellishments, then come, I will give you provision and release you graciously. But if you seek Allah and His Messenger and the Final Abode, then Allah has prepared for those who do good among you a great reward.”} [Surat al-Ahzāb: 28-29] The two verses mean: O Prophet, tell your wives when they ask you for an increase in sustenance and you have nothing to give them as an extra amount: If you seek the life of this world and its embellishments, then come I will give you provision that is given to the divorced women and release you in a way that involves no harm or damage. However, if you seek Allah's pleasure and the pleasure of His Messenger, and you seek Paradise in the Final Abode, then endure your conditions patiently, as Allah has prepared for those who do good among you, through patience and good treatment, a great reward.
The Prophet (may Allah's peace and blessings be upon him) started with ‘Ā’ishah (may Allah be pleased with her) in giving her the choice. He called her and informed her that he had something to propound to her and that he wished she would not hasten to give him a reply without consulting her parents. Perhaps this was out of fear for her because of her young age which entailed the desire for worldly embellishments and her not choosing the Hereafter. She asked the Prophet (may Allah's peace and blessings be upon him) about that matter and he recited the verse to her, so she hastened to accept being with the Messenger of Allah, and she said: "Is it concerning you," i.e., being separated from you, or staying with you, or regarding your right, "O Messenger of Allah, that I should consult my parents?!" And she told him that she chose Allah, His Messenger, and the Final Abode. She also asked him (may Allah's peace and blessings be upon him) not to tell any of his wives about her reply out of her jealousy and keenness to have the Prophet (may Allah's peace and blessings be upon him) all for herself and enjoy a great deal of his company. In response, he (may Allah's peace and blessings be upon him) said: "None of them asks me except that I will inform her," to help her make her choice. He justified this by saying that Allah did not send him to be harsh, i.e., causing someone to be in a difficult situation and "‘anat", meaning difficulty and sin as well, "or cause harm," i.e., seek others' mistakes. "But He sent me to teach" people goodness and make things easy. Facilitation here lies in the fact that if he informed them, his other wives would follow the example of ‘Ā’ishah (may Allah be pleased with her) and it would be easy for them to choose Allah Almighty, His Messenger (may Allah's peace and blessings be upon him), and the Final Abode.
This Hadīth points out that asking permission is from the Prophet's guidance.
It also indicates that one can discipline one's child, even if he grew up.
It shows the ascetic life of the Prophet (may Allah's peace and blessings be upon him) and his abstention from worldly life.
It also demonstrates how the Companions used to console the Prophet (may Allah's peace and blessings be upon him) in his sadness.
It denotes the merit of Abu Bakr, ‘Umar, and ‘Ā’ishah (may Allah be pleased with them)..

1479

‘Umar ibn al-Khattāb reported: When the Prophet (may Allah's peace and blessings be upon him) secluded himself from his wives, he ('Umar) said: I entered the mosque and found the people pelting the ground with pebbles and saying: The Messenger of Allah (may Allah's peace and blessings be upon him) divorced his wives, and that was before they were commanded with Hijāb. ‘Umar said: I said: I must find this out today. He said: I entered upon ‘Ā’ishah and said: O daughter of Abu Bakr, have you gone to the extent of giving trouble to the Messenger of Allah (may Allah's peace and blessings be upon him)?! She said: O Ibn al-Khattāb, stay out of my affairs and mind your receptacle. He said: So, I entered upon Hafsah bint ‘Umar and said to her: O Hafsah, have you gone to the extent of giving trouble to the Messenger of Allah (may Allah's peace and blessings be upon him)?! By Allah, you know that the Messenger of Allah (may Allah's peace and blessings be upon him) does not love you, and had it not been for me, the Messenger of Allah (may Allah's peace and blessings be upon him) would have divorced you. So, she wept bitterly. I said to her: Where is the Messenger of Allah (may Allah's peace and blessings be upon him)? She said: He is in his cabinet in the attic room. I went there and found Rabāh, the servant of the Messenger of Allah (may Allah's peace and blessings be upon him), sitting on the attic's doorstep with his legs dangling on carved wood, which is a trunk used by the Messenger of Allah (may Allah's peace and blessings be upon him) to ascend and descend. I called out: O Rabāh, seek permission for me from the Messenger of Allah (may Allah's peace and blessings be upon him). Rabāh looked at the room then looked at me and said nothing. Then, I said: O Rabāh, seek permission for me from the Messenger of Allah (may Allah's peace and blessings be upon him). Rabāh looked at the room then looked at me and said nothing. Then, I raised my voice and said: O Rabāh, seek permission for me from the Messenger of Allah (may Allah's peace and blessings be upon him). I think the Messenger of Allah (may Allah's peace and blessings be upon him) thought I had come for Hafsah's sake. By Allah, if the Messenger of Allah (may Allah's peace and blessings be upon him) commands me to strike her neck, I will undoubtedly strike her neck. I raised my voice, and he signaled to me to ascend. I entered upon the Messenger of Allah (may Allah's peace and blessings be upon him) while he was lying on a straw mat. I sat down and he drew up his lower garment over him and he had nothing else on him, and the mat had left marks on his side. I looked around in the cabinet of the Messenger of Allah (may Allah's peace and blessings be upon him) and found only a handful of barley around one Sā‘ and an equal quantity of the leaves of mimosa flava placed in one side of the room, and a semi-tanned leather bag hanging. He said: Tears started falling from my eyes. He said: O Ibn al-Khattāb, what makes you weep? I said: O Prophet of Allah, how could I not weep when this straw mat has left marks on your side and I see nothing in your cabinet except what I have seen, while Caesar and Khosrau are enjoying fruits and rivers, whereas you are the Messenger of Allah (may Allah's peace and blessings be upon him) and His chosen one and this is your cabinet?! He said: O Ibn al-Khattāb, does it not please you that the Hereafter is for us and the worldly life is for them? I said: Yes. He said: When I entered upon him, I saw signs of anger on his face, so I said: O Messenger of Allah, what trouble have the women caused you? If you had divorced them, verily, Allah is with you, His angels, Jibrīl (Gabriel), Mikā’īl (Michael), I, Abu Bakr, and the believers are with you. I rarely spoke - thanks to Allah - any words except that I hoped Allah would confirm the words I uttered, and this verse, Āyat at-Takhyīr (the Verse of Choice), was revealed: {Perhaps, if he were to divorce you all, his Lord would replace you with better wives.} [Surat at-Tahrīm: 5] {But if you insist on conspiring against him, then indeed Allah is his Protector, as well as Gabriel and the righteous believers, and moreover, the angels are his supporters.} [Surat at-Tahrīm: 4] ‘Ā’ishah bint Abi Bakr and Hafsah were cooperating against the rest of the Prophet's wives. I said: O Messenger of Allah, did you divorce them? He said: No. I said: O Messenger of Allah, when I entered the mosque, I found the Muslims pelting the ground with pebbles and saying: The Messenger of Allah (may Allah's peace and blessings be upon him) divorced his wives. Should I go down and tell them that you did not divorce them? He said: Yes, if you wish. I kept talking to him until there were no more signs of anger on his face and until he laughed and his teeth showed, and he had the most charming front teeth of all people. Then, the Prophet (may Allah's peace and blessings be upon him) descended and I descended while catching hold of the trunk, but the Messenger of Allah (may Allah's peace and blessings be upon him) went down as if he was walking on the ground without touching it with his hand. I said: O Messenger of Allah, you remained in your room for twenty-nine days. He said: The month consists of twenty-nine days. I, thus, stood at the door of the mosque and called out at the top of my voice: The Messenger of Allah (may Allah's peace and blessings be upon him) did not divorce his wives, and this verse was revealed: {Whenever they hear any news of security or fear, they spread it. If they referred it to the Messenger or to those in authority among them, those with sound judgment among them could know it.} [Surat an-Nisā’: 83] And it was I who drew correct conclusions and Allah Almighty revealed the Verse of Choice..

Commentary : Perhaps the Prophet's wives caused him trouble like women usually cause their husbands trouble, resulting from jealousy, vexation, and the like.
In this Hadīth, ‘Umar ibn al-Khattāb (may Allah be pleased with him) narrates that when the Prophet (may Allah's peace and blessings be upon him) secluded himself from his wives and swore not to enter upon them, for he was angry with them, ‘Umar (may Allah be pleased with them) entered the Prophet's mosque "and found the people pelting the ground with pebbles," i.e., moving them around and throwing them on the ground, which is something normally done by someone concerned and absorbed in thought. "And saying: The Messenger of Allah (may Allah's peace and blessings be upon him) divorced his wives," i.e. when they saw how the Messenger of Allah (may Allah's peace and blessings be upon him) kept himself away from his wives, they thought that he had divorced them, so they said this. "And that was before they were commanded with Hijāb," i.e., women conceal themselves from men. This remark is questionable; rather, it is a clear mistake since Hijāb was enjoined at the time of the Prophet's marriage to Zaynab bint Jahsh (may Allah be pleased with her) in the fourth or fifth year, and Zaynab (may Allah be pleased with her) was among his wives who were given the choice; and the story of his seclusion from his wives and giving them the choice took place in the ninth year of Hijrah. The best thing said with this regard to: "that it was before they were commanded with Hijāb" is from the words of the narrator who, when seeing that 'Umar (may Allah be pleased with him) said he had entered upon 'Ā’ishah (may Allah be pleased with her), thought that this was before Hijāb, so he affirmed it. This could be responded by saying: Entering does not entail removing Hijāb (screen), for he could enter from the door, and she could still talk to him from behind the screen.
Then, ‘Umar (may Allah be pleased with him) reported that he said to himself: "I must find this out today," i.e., I must find out the truth about this, did the Messenger of Allah (may Allah's peace and blessings be upon him) divorce them or not? So, ‘Umar (may Allah be pleased with him) entered upon ‘Ā’ishah (may Allah be pleased with her), the Prophet's wife and Abu Bakr's daughter, and said to her: "O daughter of Abu Bakr, have you gone to the extent of giving trouble to the Messenger of Allah (may Allah's peace and blessings be upon him)?!" blaming her for daring to infuriate the Messenger of Allah (may Allah's peace and blessings be upon him). ‘Ā’ishah (may Allah be pleased with her) said: "O Ibn al-Khattāb, stay out of my affairs," i.e., you are not entitled to admonish me "and mind your receptacle," i.e., rather, you should admonish the one who matters to you, referring to Hafsah bint ‘Umar (may Allah be pleased with her). "‘Aybah" (receptacle): the container used for keeping clothes and precious belongings. A man's "‘aybah": his family and those close to him. Then, ‘Umar entered upon his daughter Hafsah and said to her what he had said to ‘Ā’ishah (may Allah be pleased with them) and added reprovingly: "By Allah, you know that the Messenger of Allah (may Allah's peace and blessings be upon him) does not love you, and had it not been for me, the Messenger of Allah (may Allah's peace and blessings be upon him) would have divorced you," deterring and frightening her with divorce and the fact that if it had not been for ‘Umar's special status with the Prophet, this would have occurred. Thereupon, Hafsah cried bitterly because of her sadness about being separated from the Messenger of Allah (may Allah's peace and blessings be upon him) and expecting her father to be severely mad at her. Then, ‘Umar asked his daughter (may Allah be pleased with both of them) where the Messenger of Allah (may Allah's peace and blessings be upon him) was. Hafsah (may Allah be pleased with her) said: "He is in his cabinet in the attic room." "Mashrubah" (attic room): is an elevated room for storing food and drink. On entering, 'Umar found Rabāh (may Allah be pleased with him), the Prophet's servant, "sitting on the attic's doorstep," i.e., on the doorsill "with his legs dangling," i.e., stretching and hanging them "on carved wood", which is a trunk that had stairs used by the Messenger of Allah (may Allah's peace and blessings be upon him) to ascend to the room and descend from that place using it as a stair. ‘Umar, then, called out to Rabāh (may Allah be pleased with both of them) to seek permission for him to enter upon the Messenger of Allah (may Allah's peace and blessings be upon him). So, Rabāh looked inside the room, then, looked at ‘Umar and said nothing. This indirectly indicates that the Prophet (may Allah's peace and blessings be upon him) had heard ‘Umar's voice; however, he expressed no approval or disapproval of permitting him. So, ‘Umar (may Allah be pleased with him) again sought permission from the Messenger of Allah (may Allah's peace and blessings be upon him), and Rabāh again looked at the room then looked at ‘Umar and said nothing. On the third time, ‘Umar (may Allah be pleased with him) raised his voice so the Messenger of Allah (may Allah's peace and blessings be upon him) would hear him and he called out: "O Rabāh, seek permission for me from the Messenger of Allah (may Allah's peace and blessings be upon him). I think that the Messenger of Allah (may Allah's peace and blessings be upon him) thought I had come for Hafsah's sake," i.e., to apologize for what she did and defend her. "By Allah, if the Messenger of Allah (may Allah's peace and blessings be upon him) commands me to strike her neck, I will certainly strike her neck." This clarified why he sought permission, namely to console the Messenger of Allah (may Allah's peace and blessings be upon him) and bring him out of his sadness and not for anything related to his daughter Hafsah (may Allah be pleased with her). Rabāh, thus, signaled with his head to ‘Umar (may Allah be pleased with him) after the Prophet (may Allah's peace and blessings be upon him) had permitted him to ascend to him in his attic.
On entering upon the Messenger of Allah (may Allah's peace and blessings be upon him), ‘Umar saw him "lying on a straw mat," i.e., lying on his side on the straw mat. Another version in the two "Sahīh Collections" reads: "And he was on a straw mat with nothing between him and the mat," i.e., he was lying thereon without any bedding. "Hasīr" (straw mat): a mat made of palm leaf stalks or others things. 'Umar (may Allah be pleased with him) sat down, so the Prophet (may Allah's peace and blessings be upon him) drew up his lower garment over his body to cover it more. "Izār" (lower garment): it is the garment used to cover the lower part of the body. The Prophet (may Allah's peace and blessings be upon him) was not wearing anything except this lower garment. "and the mat had left marks on his side," i.e., it left marks on his side as a result of sleeping on it. 'Umar (may Allah be pleased with him) looked around, exploring the room where the Messenger of Allah (may Allah's peace and blessings be upon him) was staying and found nothing but a handful - i.e., a pile - of barley equal to one Sā '. Sā‘: it is four Mudds, and one Mudd is equal to an amount that could fill both hands. He found an equal amount of "the leaves of mimosa flava placed in one side of the room," i.e., in one of its sides and at a distance from the Prophet (may Allah's peace and blessings be upon him). It is said that "Qarazh" (mimosa flava) means: a kind of tree used in tanning leather. "And a semi-tanned leather bag hanging," which is leather that is not yet tanned. All this indirectly indicates the threadbareness of the place where the Prophet (may Allah's peace and blessings be upon him) was staying and the straitened circumstances he was living in.
‘Umar (may Allah be pleased with him) said: "Tears started falling from my eyes," i.e., tears started flowing by way of sympathy for the Messenger of Allah (may Allah's peace and blessings be upon him). The Prophet (may Allah's peace and blessings be upon him) asked him about the reason for his weeping, so ‘Umar (may Allah be pleased with him) replied: "O Prophet of Allah, how could I not weep when this straw mat has left marks on your side and I see nothing in your cabinet except what I see, while Caesar and Khosrau are enjoying fruits and rivers, whereas you are the Messenger of Allah (may Allah's peace and blessings be upon him) and His chosen one and this is your cabinet?!" All this serves as an indirect reference to the bliss that the disbelievers enjoy compared to the conditions of the Prophet (may Allah's peace and blessings be upon him). What ‘Umar (may Allah be pleased with him) meant is that the Messenger of Allah (may Allah's peace and blessings be upon him) and the Muslims are more entitled to this bliss than the disbelievers. Khosrau: it is the title of the Persians' king. Caesar: it is the title of the Romans' king. The Prophet (may Allah's peace and blessings be upon him) said: "O Ibn al-Khattāb, does it not please you that the Hereafter is for us and the worldly life is for them?" In this way, the Prophet (may Allah's peace and blessings be upon him) explained to him the logic of the worldly pleasures and that of the Hereafter, as part of Allah's immutable rule regarding His slaves is to make the disbelievers enjoy the worldly pleasures. In contrast, His believing slaves will enjoy the enjoyments of the Hereafter, taking into consideration the contradiction between these two types of pleasures and the believers' eternal abidance in the bliss of Paradise and, on the contrary, the disbelievers' eternal abidance in Hellfire. ‘Umar (may Allah be pleased with him) said: "Yes" it pleases me, O Messenger of Allah. There were signs of anger on the Prophet's face that ‘Umar noticed the moment he entered, so, ‘Umar said to him: "O Messenger of Allah, what trouble have the women caused you?" He was trying to alleviate the Prophet's sadness and anger. In other words, no trouble will befall you, and you should not care about any of their affairs. "If you had divorced them, verily, Allah is with you, His angels, Jibrīl (Gabriel):" the angel entrusted with the revelation, "Mikā’īl (Michael):" the angel entrusted with the rain and plants, "I, Abu Bakr, and the believers are with you" also with our support and assistance in Da‘wah (call to Allah) and the divine message. ‘Umar (may Allah be pleased with him) reported that he rarely spoke - thanks be to Allah for this - words except that he hoped Allah would confirm the words he uttered, i.e., he was secretly asking Allah to confirm the soundness of his advice to the Messenger of Allah (may Allah's peace and blessings be upon him) with Qur’an. 'Umar (may Allah be pleased with him) was then informed that the Verse of Choice was revealed to confirm his speech with the Messenger of Allah (may Allah's peace and blessings be upon him). It is the verse where the Prophet (may Allah's peace and blessings be upon him) gave his wives the choice either to remain as his wives or to be divorced and released, as Allah Almighty says: {But if you insist on conspiring against him, then indeed Allah is his Protector, as well as Gabriel and the righteous believers, and moreover, the angels are his supporters. Perhaps, if he were to divorce you all, his Lord would replace you with better wives.} [Surat at-Tahrīm: 4-5] It is said: There is no choice in these verses and mentioning it here is a delusion. In Al-Bukhāri's version, it was reported that ‘Umar ibn al-Khattāb (may Allah be pleased with him) reported: "The Prophet's wives backed each other against him out of jealousy, so, I said to them: Perhaps, if he were to divorce you all, his Lord would replace you with better wives; and so this verse was revealed." The sound opinion here is what was proven in the two Sahīh Collections and others, namely that the Verse of Choice is the verse where Allah Almighty says: {O Prophet, tell your wives, “If you seek the life of this world and its embellishments, then come, I will give you provision and release you graciously. But if you seek Allah and His Messenger and the Final Abode, then Allah has prepared for those who do good among you a great reward.”} [Surat al-Ahzāb: 28-29] It is said: There is a missing "and" probably in his saying: "The Verse of Choice", and the correct view is: "This verse and the Verse of Choice were revealed".
He reported that 'Ā’ishah and Hafsah (may Allah be pleased with both of them) used to cooperate against the rest of the Prophet's wives, forming a team together. The cause behind their excessive jealousy was divulging his secret, which made him upset and angry. ‘Umar (may Allah be pleased with him), then, asked the Messenger of Allah (may Allah be pleased with him) if he had divorced his wives, trying to find out the truth about what people were saying in the mosque. The Messenger of Allah (may Allah's peace and blessings be upon him) negated divorcing his wives, and 'Umar (may Allah be pleased with him) informed him of how the people felt sad for the Messenger of Allah (may Allah's peace and blessings be upon him) because of what was circulated about him divorcing his wives. 'Umar (may Allah be pleased with him), then asked for the Prophet's permission to go down to the people, inform them of the correct news, and clarify the truth for them to rejoice. The Prophet (may Allah's peace and blessings be upon him) agreed and said to him: "If you wish," i.e. if you like and want to do so.
‘Umar (may Allah be pleased with him) reported that he kept talking to the Prophet (may Allah's peace and blessings be upon him) until there were no more signs of anger on his face and his teeth showed from laughing. "And he had the most charming front teeth of all people." "Thaghr" (front teeth): the mouth and front teeth. Then, the Prophet (may Allah's peace and blessings be upon him) descended from the attic where he had been staying in seclusion, and ‘Umar (may Allah be pleased with him) descended while catching hold of the trunk and resting on it. The Messenger of Allah (may Allah's peace and blessings be upon him) went down "as if he was walking on the ground without touching it with his hand," i.e., he did not need to rest on the trunk when coming down due to his strength. ‘Umar (may Allah be pleased with him) said: "O Messenger of Allah, you remained in your room for twenty-nine," i.e., there is one day left to complete a month, as the Prophet (may Allah's peace and blessings be upon him) swore not to have intercourse with his wives for a month. Thereupon, the Prophet (may Allah's peace and blessings be upon him) said: "The month consists of twenty-nine," i.e., this month was twenty-nine days. ‘Umar (may Allah be pleased with him) stood at the door of the mosque and called out at the top of his voice: "The Messenger of Allah (may Allah's peace and blessings be upon him) did not divorce his wives", telling and informing the Prophet's Companions that the Prophet (may Allah's peace and blessings be upon him) did not divorce his wives contrary to what they had been saying, and this verse was revealed: {Whenever they hear any news of security or fear, they spread it. If they referred it to the Messenger or those in authority among them, those with sound judgment could know it.} [Surat an-Nisā’: 83] When the people said that the Prophet (may Allah's peace and blessings be upon him) had divorced his wives based on no information from anyone and without verifying or checking this out, Allah Almighty blamed them because if they had referred this to the Messenger of Allah (may Allah's peace and blessings be upon him), he would have informed them of the truth about it, or they could have referred it to someone who could ask and find out the truth about it from the Messenger of Allah (may Allah's peace and blessings be upon him). ‘Umar (may Allah be pleased with him) said: "And it was I who drew correct conclusions," i.e., verified this matter and checked it out.
"And Allah Almighty revealed the Verse of Choice," as previously mentioned. In the two Sahīh Collections, it was mentioned that ‘Ā’ishah (may Allah be pleased with her) said: He started with me as the first woman. The Prophet (may Allah's peace and blessings be upon him) said: "I will mention something, but you should only hasten if you consult your parents. She said: Indeed, I know my parents would not order me to leave you." Al-Bukhāri's version reads: "Then, he gave all of his wives the choice, and they said the same as what ‘Ā’ishah had said."
In some narrations in the two Sahīh Collections, the following was reported: The Prophet (may Allah's peace and blessings be upon him) kept himself secluded from his wives because of the honey he used to drink in the house of Zaynab bint Jahsh. 'Ā’ishah (may Allah be pleased with her) said: "I agreed with Hafsah that the one upon whom the Prophet (may Allah's peace and blessings be upon him) would enter should say: I can detect the smell of Maghāfīr in you, did you eat Maghāfīr - Maghāfīr: sweet gum that has a foul odor. When he entered upon one of them, she said that to him, and he said: No, but I drank honey in the house of Zaynab bint Jahsh, and I will not drink it again. Thereupon, this verse was revealed: {O Prophet, why do you prohibit [yourself from] what Allah has made lawful to you} to: {You both had better turn to Allah in repentance.} [Surat at-Tahrīm: 1-4] to ‘Ā’ishah and Hafsah, {And [remember] when the Prophet told one of his wives something in secret} [Surat at-Tahrīm: 3], as he said: No, but I drank honey." It is said: The reason is that the Prophet (may Allah's peace and blessings be upon him) had sexual intercourse with his bondmaid Māriyah in the house of Hafsah (may Allah be pleased with her) and Hafsah (may Allah be pleased with her) learned about it. So, the Prophet (may Allah's peace and blessings be upon him) ordered her not to inform ‘Ā’ishah (may Allah be pleased with her). However, Hafsah (may Allah be pleased with her) revealed the Prophet's secret to ‘Ā’ishah (may Allah be pleased with her). It is also said: The reason is the things they did as a whole that enraged the Messenger of Allah (may Allah's peace and blessings be upon him) and not a specific incident.
The Hadīth shows the Prophet's good morals and how he would honor whoever smiled at him by smiling back at him.
It also indicates the manifest merit of ‘Umar (may Allah be pleased with him).
It points out how a man should advise his daughter and fix her manners towards her husband.
It also signifies that putting a lot of pressure on women is something dispraised.
It encourages favoring the Hereafter by performing acts of obedience, avoiding sins, and refraining from being preoccupied with the pursuit of worldly pleasures..

1480

Abu Is-hāq reported: I was with Al-Aswad ibn Yazīd sitting in the grand mosque, and Ash-Sha‘bi was with us, and he narrated the Hadīth of Fātimah bint Qays: The Messenger of Allah (may Allah's peace and blessings be upon him) entitled her to no housing or financial maintenance. Then, Al-Aswad took a handful of pebbles and threw it at him and said: Woe to you! How could you narrate this?! ‘Umar said: We must not abandon the Book of Allah and the Sunnah of our Prophet (may Allah's peace and blessings be upon him) on account of a woman's statement. We do not know whether she memorized or forgot. She is entitled to housing and financial maintenance. Allah Almighty says: {Do not force them out of their houses, nor should they leave unless they commit a clear shameful act.} [Surat at-Talāq: 1].

Commentary : Allah has prescribed divorce after sparing no effort in reconciliation between the spouses. He has clarified its rulings and consequences, and He has made it three incidents of divorce so that each of the spouses would reconsider his stance; otherwise, they should be separated after the third incident of divorce, and the woman becomes unlawful for him after that until she is married to another man.
This Hadīth is related to a story mentioned in the two Sahīh Collections and others about the female Companion Fātimah bint Qays (may Allah be pleased with her) who was triply divorced by her husband. The Prophet (may Allah's peace and blessings be upon him) commanded her to move to the house of Ibn' Umm Maktūm - who was her cousin and was blind - and spend her 'Iddah (waiting period) there. He made her not entitled to financial maintenance for her particular case, as she used to offend her husband's family verbally or because she was in a desolate area and it was feared that someone might assault her; hence, he moved her to the house of Ibn' Umm Maktūm, as he was blind and would not see her. Fātimah bint Qays kept on narrating this Hadīth of hers after the Prophet's death; however, a group of the Companions disapproved of it. The Tābi‘i Abu Is-hāq as-Sabī‘i narrates that he was with Al-Aswad ibn Yazīd an-Nakha‘i - one of the Tābi‘is - in the great mosque, i.e., the grand mosque, which refers to the mosque of Kūfah, while Ash-Sha‘bi - ‘Āmir ibn Sharāhīl one of the Tābi‘is - was narrating the Hadīth of Fātimah bint Qays in this mosque, i.e., giving a legal fatwa based on this Hadīth. In this Hadīth, it is stated that the Messenger of Allah (may Allah's peace and blessings be upon him) did not make Fātimah entitled to housing or financial maintenance after being triply divorced. So, Al-Aswad took a handful of pebbles and threw them at him and said: "Woe to you!", i.e., may Allah afflict you with ruin and destruction. It was a common saying among the Arabs that was not intended as a supplication. "How could you narrate this?!" All this was meant to express Al-Aswad's disapproval of Ash-Sha‘bi's narration of this Hadīth. Then, he informed him that ‘Umar ibn al-Khattāb (may Allah be pleased with him) said: "We must not abandon the Book of Allah and the Sunnah of our Prophet (may Allah's peace and blessings be upon him) on account of a woman's statement," i.e., we do not rely on issuing a Fatwa (legal opinion) like this on the Hadīth of Fātimah, given the importance of such a Fatwa, because she might have memorized it in the wrong way or she might have forgotten. Perhaps what ‘Umar meant by the Prophet's Sunnah was what his rulings indicated of adhering to the Book of Allah not a specific Sunnah in this regard. ‘Umar (may Allah be pleased with him), then, supported his saying that the triply divorced woman is entitled to housing and financial maintenance in her ‘Iddah by the verse in which Allah Almighty says: {O Prophet, when you [believers] divorce women, divorce them with consideration to their waiting period and keep a precise count of the waiting period, and fear Allah, your Lord. Do not force them out of their houses, nor should they leave unless they commit a clear shameful act.} [Surat at-Talāq: 1] In other words: O people, fear Allah your Lord and beware of disobeying Him by transgressing His limit; do not force your divorced wives out of their houses, where you made them live before divorce, until their ‘Iddah is over. "Shameful act" here refers to recalcitrance and bad morals. It is said: It means indecency towards her husband's family. It is also said that it means: Unless they commit adultery.
The Hadīth of Fātimah bint Qays was refuted by a group of the Companions, including ‘Umar, ‘Ā’ishah, and others who knew the Sunnah better than Fātimah bint Qays. Some considered the apparent meaning of the Hadīth and, thus, made the triply divorced woman entitled to spend her 'Iddah wherever she chooses without being obliged to spend the night at her ex-husband's house.
The Hadīth shows how a scholar should be corrected, even in his gatherings of knowledge, if he is mistaken.
It also highlights the Companions' keenness on adhering to the Qur’an and the authentic Sunnah..

1480

‘Ubaydullah ibn ‘Abdullah ibn ‘Utbah reported: Abu ‘Amr ibn Hafs ibn al-Mughīrah set out along with ‘Ali ibn Abi Tālib to Yemen. He sent to his wife, Fātimah bint Qays, one pronouncement of divorce that was still left from her divorce. He commanded Al-Hārith ibn Hishām and ‘Ayyāsh ibn Abi Rabī‘ah to give her alimony. They said to her: By Allah, there is no alimony for you unless you are pregnant. Thereupon, she went to the Prophet (may Allah's peace and blessings be upon him) and informed him of what they had said. He said: There is no alimony for you. She, then, asked his permission to move, and he permitted her. She said: O Messenger of Allah, where? He said: To the house of Ibn ’Umm Maktūm, as he was blind and she could take off her clothes in his presence and he would not see her. When her ‘Iddah (waiting period) was over, the Prophet (may Allah's peace and blessings be upon him) gave her in marriage to Usāmah ibn Zayd. Marwān sent Qabīsah ibn Dhu’ayb to ask her about the Hadīth, and she narrated it to him, whereupon Marwān said: We have not heard this Hadīth except from a woman. We shall adopt a safe path that we have found people upon. On hearing what Marwān said, Fātimah said: The Qur’an is between me and you. Allah Almighty says: {Do not force them out of their houses.} [Surat at-Talāq: 1] She said: This is regarding revocable divorce. What happens after the three? Why do you say there is no alimony for her if she is not pregnant? Then, on what grounds do you restrain her?.

Commentary : Allah has prescribed divorce and clarified its rulings and consequences after sparing no effort in reconciliation between the spouses. He has made it three incidents of divorce so that each of the spouses would reconsider their stance; otherwise, they should be separated after the third incident of divorce, and the woman becomes unlawful for him after that until she is married to another man.
In this Hadīth, the Tābi‘i ‘Ubaydullah ibn ‘Abdullah ibn ‘Utbah reports that the Companion Abu ‘Amr ibn Hafs ibn al-Mughīrah (may Allah be pleased with him) set out on a journey along with ‘Ali ibn Abi Tālib (may Allah be pleased with him) to Yemen when the Prophet (may Allah's peace and blessings be upon him) sent him there. Abu ‘Amr (may Allah be pleased with him) sent to his wife Fātimah bint Qays a pronouncement of divorce while traveling. He had previously divorced her twice and had taken her back, and this was the third incident that made the divorce irrevocable. Abu ‘Amr (may Allah be pleased with him) commanded Al-Hārith ibn Hishām and ‘Ayyāsh ibn Abi Rabī‘ah (may Allah be pleased with both of them) to give her alimony. Another version narrated by Muslim reads: "He sent his deputy to her with barley, " but Fātimah declined it because she found it inadequate and did not accept it. They said to her: "By Allah, there is no alimony for you" because you are irrevocably divorced, and alimony is not for someone in your case "unless you are pregnant". In the version of An-Nasā’i: "So, she sent to Al-Hārith and 'Ayyāsh asking them for the alimony that was appointed for her by her husband, and they said: By Allah, no alimony is due on us for her unless she is pregnant, and she is not entitled to live in our house except with our permission." Thereupon, Fātimah went to the Prophet (may Allah's peace and blessings be upon him) and informed him of what they had said, namely that she was not entitled to alimony unless she was pregnant. The Messenger of Allah (may Allah's peace and blessings be upon him) approved of what they had said and said to her: "There is no alimony for you." She then sought the Prophet's permission to move from her house, where she was divorced, as she was afraid for herself. The Messenger of Allah (may Allah's peace and blessings be upon him) permitted her to move to the house of her cousin Ibn' Umm Maktūm as he was blind and would not see her when taking off her clothes. His permission for her to go out is justified by the fact that he permitted her to move for an excuse, namely her indecency towards her husband's relatives or her fear that she might be assaulted, as mentioned in the narrations. However, if there is no need, then it is impermissible for her to go out or move, and it is forbidden to move her. Allah Almighty says: {Do not force them out of their houses, nor should they leave unless they commit a clear shameful act.} [Surat at-Talāq: 1] "Shameful act" here refers to recalcitrance and bad morals. It is said: It means indecency towards her husband's family. It is also said that it means: Unless they commit adultery.
When her 'Iddah was over, the Prophet (may Allah's peace and blessings be upon him) gave her in marriage to Usāmah ibn Zayd (may Allah be pleased with him and his father) for knowing that he was religious, virtuous, had good morals and noble traits.
At that time, Marwān ibn al-Hakam was the ruler of Madīnah. He sent Qabīsah ibn Dhu’ayb to Fātimah (may Allah be pleased with her) to ask about this Hadīth, and she narrated it to him. The reason why Marwān asked her was mentioned in the version of An-Nasā’i: "'Abdullah ibn' Amr ibn' Uthmān, being a young man in the emirate of Marwān, divorced the daughter of Sa‘īd ibn Zayd and her mother was Bint Qays al-Battah. So, her maternal aunt, Fātimah bint Qays, sent to her commanding her to move from the house of 'Abdullah ibn' Amr. When Marwān heard about that, he sent to the daughter of Sa‘īd, commanding her to return to her house and asking her why she moved from her house before completing her 'Iddah." She informed him of the Hadīth of Fātimah, thereupon, Marwān was sent to Fātimah to verify this Hadīth. After hearing her Hadīth, Marwān said: "We have not heard this Hadīth except from a woman," by way of disapproval, and before Marwān, ‘Umar ibn al-Khattāb and ‘Ā’ishah (may Allah be pleased with both of them) expressed their disapproval of Fātimah's Hadīth. Marwān said: "We shall adopt a safe path that we found people upon," i.e., what is reliable, strong, and authentic and what people held fast upon and adhered to and acted upon. In other words, we shall adopt the opinion that a woman must not leave her house except after her ‘Iddah is over and that there is no alimony for her. On hearing what Marwān said and how he prevented the irrevocably divorced woman from leaving her house under all circumstances, Fātimah (may Allah be pleased with her) said: The Qur’an is between me and you, Allah Almighty says: {Do not force them out of their houses.} [Surat at-Talāq: 1] Taking this as supporting evidence, she said: This prohibition, which is understood from the first part of the verse, addresses the husband who can take back his wife, i.e., the housing is for the divorced woman whose divorce is revocable, which accords with what Allah Almighty says: {Then when they have approached the end of their waiting period, either retain them honorably or part with them honorably.} [Surat at-Talāq: 2] She said: So, what happens after the three incidents of divorce? How do you prevent her from going out, then, you say: There is no alimony for her unless she is pregnant? Then, on what grounds do you restrain her? She said this as an objection to Marwān, who made the irrevocably divorced woman entitled to housing and prevented her from going out without giving her financial maintenance. To sum up, her objection was: If you do not make the alimony obligatory, how could you prevent her from going out if the alimony is the recompense of being restrained?!.

1481

‘Ā’ishah reported: It is no good for Fātimah to mention this. He said: She was referring to her statement: No housing or financial maintenance..

Commentary : Allah has prescribed divorce for spouses who choose separation after exerting their utmost in reconciliation between them. He has made it three incidents of divorce so that each of the two spouses would reconsider their stance. Otherwise, they would be separated after the third incident of divorce, and she becomes unlawful for him after this until she gets married to another man. Islam has also regulated the rights and duties between spouses after divorce.
In this Hadīth, Muhammad ibn al-Qāsim narrates that when the Mother of the Believers ‘Ā’ishah (may Allah be pleased with her) was informed of what Fātimah bint Qays had said, namely that her husband had divorced her thrice and the Messenger of Allah (may Allah's peace and blessings be upon him) did not make her entitled to housing or financial maintenance during her ‘Iddah (waiting period), she said disapprovingly: "It is no good for Fātimah" bint Qays "to mention" and narrate "this" Hadīth to people because it contradicts the explicit texts of the Book of Allah Almighty and the Sunnah of His Messenger (may Allah's peace and blessings be upon him).
A group of the Companions, including ‘Umar, ‘Ā’ishah and others, rejected the Hadīth of Fātimah bint Qays because it contradicts, in their opinion, the verse in which Allah Almighty says: {O Prophet, when you [believers] divorce women, divorce them with concern to their waiting period and keep an accurate count of the waiting period, and fear Allah, your Lord. Do not force them out of their houses, nor should they leave unless they commit a clear shameful act. Such are the limits ordained by Allah.} [Surat at-Talāq: 1] It is said: The Prophet (may Allah's peace and blessings be upon him) commanded her to leave her house and spend her 'Iddah in the house of Ibn' Umm Maktūm and did not make her entitled to financial maintenance only because of her special case, as she used to verbally offend her husband's family, or because she was in a desolate place and it was feared that her husband or anyone else might assault her. 'Ā’ishah (may Allah be pleased with her) censured her narration..

1482

Fātimah bint Qays reported that she said: "O Messenger of Allah, my husband divorced me thrice, and I am afraid that my house will be broken into." So, he commanded her, and she moved (to another house)..

Commentary : Allah has prescribed divorce for spouses who choose separation after exerting their utmost in attempting reconciliation between them. He has made it three divorces; so that each of the two spouses would reconsider their stance. Otherwise, they would be separated after the third divorce, and she becomes unlawful for him after this until she gets married to another man. Islam has also regulated the rights and duties between spouses after divorce. Allah Almighty has commanded the divorced woman - whether the divorce is revocable or irrevocable - to spend the ‘Iddah (waiting period) in her house. Allah Almighty says: {O Prophet, when you [believers] divorce women, divorce them with concern to their waiting period and keep an accurate count of the waiting period, and fear Allah, your Lord. Do not force them out of their houses, nor should they leave unless they commit a clear shameful act. Such are the limits ordained by Allah.} [Surat at-Talāq: 1]
In this Hadīth, Fātimah bint Qays (may Allah be pleased with her) narrates that she came to the Prophet (may Allah's peace and blessings be upon him) and said: "O Messenger of Allah, my husband divorced me thrice," so the divorce was irrevocable and final. "And I am afraid that my house will be broken into" during her stay in his house for her ‘Iddah. "Iqtihām" (breaking into): entering quickly. This means: She was afraid that someone would enter upon her and harm her because she was in a desolate place. Thereupon, the Prophet (may Allah's peace and blessings be upon him) commanded her to leave that place and she went to the house of her paternal cousin, Ibn ’Umm Maktūm, because he was blind, and she could take off her clothes without him seeing her. Since she did not spend her ‘Iddah in her husband's house, the Messenger of Allah (may Allah's peace and blessings be upon him) did not make her entitled to habitation or financial sustenance during her ‘Iddah..

1483

Jābir ibn ‘Abdullah reported: My maternal aunt was divorced, and she wanted to harvest her date palm trees. A man rebuked her for going out, so she went to the Prophet (may Allah's peace and blessings be upon him) who said: "Yes, go out and harvest your date palm trees, for you may give (some of it) in charity or do a good deed.".

Commentary : The Islamic Shariah has brought facilitation and goodness to people. It takes into consideration their conditions when carrying out the Shariah rulings to prevent them from falling into difficulty or distress.
In this Hadīth, Jābir ibn ‘Abdullah (may Allah be pleased with him and his father) narrates that his maternal aunt - it was said: her name is Asmā’ - was irrevocably divorced, as mentioned in the version of Abu Dāwūd: "My maternal aunt was divorced thrice." She wanted to go out, during her ‘Iddah (waiting period), to collect the fruits from her date palm trees; however, a man rebuked her and forbade her from going out until her ‘Iddah was over. She went to the Prophet (may Allah's peace and blessings be upon him) to ask him. She informed him of what had happened and of her condition and her need for harvesting her date palm trees and asked him if it was permissible for her to go out of her house during her ‘Iddah due to this necessity. The Prophet (may Allah's peace and blessing be upon him) replied saying: "Yes," and the version of Abu Dāwūd reads: "Go out," and collect your fruits, for perhaps after collecting the fruit of your date palm trees you may give part of it in charity to the poor and the needy "or do a good deed." "Ma‘rūf" (good deed): a comprehensive name including every known act of obeying Allah and doing good to people. This is an explanation of permitting the act of going out, even though it came in the form of notifying and urging her to do good. Moreover, he permitted her to go out due to her need to look after her interests, her date palm trees, and her properties as understood from the apparent indication of the beginning of the Hadīth.
Perhaps the difference between charity and a good deed is that the former refers to obligatory charity, while the latter refers to voluntary charity. The Prophet (may Allah's peace and blessings be upon him) said this to her only because he knew that she was a charitable person, who used to do good deeds frequently, or he answered her with what would guide her to charity and voluntary charity, and this denotes obvious kindness and wisdom.
The Hadīth implies guiding the questioner to what is good for him in his religion and worldly matters and adding to the response what the questioner needs.
It also indicates the permissibility of going out for the divorced woman during her ‘Iddah for a necessity and for fulfilling her interests that she cannot dispense with.
It denotes the permissibility of being keen on preserving wealth and acquiring it to do good and use it in consoling others.
It also indicates that charity in dates is to be given at the time of their harvest, and gifting others therefrom.
It also includes giving an indirect reference to the dates' owner to give charity and reminding him of good deeds and beneficence..

1493

Sa‘īd ibn Jubayr reported: I was asked about the two who swore the oath of condemnation during the governance of Mus‘ab; should they be separated? I did not know what to say, so I went to Ibn ‘Umar's house in Makkah. I said to the servant: Seek permission for me. He said: He is taking a nap; but he heard my voice and said: Is this Ibn Jubayr? I said: Yes. He said: Come in. By Allah, you have not come at this time except for a need. I entered and found him lying on a saddlecloth and resting his head on a fibre-filled pillow. I said: O Abu ‘Abdur-Rahmān, should the two involved in a case of Li‘ān (oath of condemnation) be separated? He said: Glory be to Allah! Yes. The first one who asked about this was so-and-so, the son of so-and-so. He said: O Messenger of Allah, what if any of us found his wife committing adultery? What should he do? If he were to say anything, his statement would be a horrible matter, and if he were to remain silent, his silence about the matter would also be terrible. He said: The Prophet (may Allah's peace and blessings be upon him) kept silent and did not answer him. Later on, he came to him and said: I have been afflicted with what I asked you about. Thereupon, Allah Almighty revealed these verses of Surat an-Nūr: {As for those who accuse their wives [of adultery]} [Surat an-Nūr: 6] So, he recited them to him, admonished and reminded him, and informed him that the worldly punishment is less severe than the punishment of the Hereafter. He said: No, by the One Who sent you with the truth I did not lie about her. Then, he called her, admonished and reminded her and informed her that the worldly punishment is less severe than the punishment of the Hereafter. She said: No, by the One Who sent you with the truth, he is a liar. So, he started with the man who testified four times by Allah that he was truthful and the fifth time that the curse of Allah would be upon him if he were a liar. Then, the woman came next, and she testified four times by Allah that he was a liar and the fifth time that Allah's wrath would be upon her if he were truthful. Then, he separated the two of them..

Commentary : The noble Shariah has clarified the rulings of marriage between the man and the woman and has explained the rulings of the husband's accusation of his wife for committing adultery without evidence and the consequent practice of Li‘ān, besides other rulings of separation, to protect lineages, repel shame from the spouses, and ward off the legally prescribed punishment of Qadhf (false accusation of adultery).
In this Hadīth, the great Tābi‘i Sa‘īd ibn Jubayr tells us that he was asked about the ruling of the two involved in Li‘ān - when a husband accuses his wife of adultery and denies the attribution of her child to himself and the woman negates this, they are required to practice Li‘ān (oath of condemnation) - should they be separated? He did not know what to say and was not aware of the ruling in this regard, and this was during the governance of Mus‘ab ibn az-Zubayr, who was the ruler of Iraq. Mus‘ab did not separate the spouses who practiced Li‘ān, as clarified in another version of Muslim.
Sa‘īd said: "So, I went to the house of Ibn ‘Umar in Makkah" showing that it was a different house than that in Madīnah. It seems that it was the house of Ibn ‘Umar where he stayed when going to Makkah for Hajj or ‘Umrah, and it seems also that Sa‘īd traveled from Kūfah to Makkah. On reaching the house of Ibn ‘Umar (may Allah be pleased with him and his father), he asked the boy, Ibn ‘Umar's servant, to seek permission for him to enter. The servant informed him that Ibn ‘Umar was taking a nap, it was noontime and midday. Ibn ‘Umar (may Allah be pleased with him and his father) heard the voice of Ibn Jubayr and recognized him and asked: Is this Ibn Jubayr who is asking for permission? Ibn Jubayr replied: Yes, I am Sa‘īd ibn Jubayr. So, he permitted him to enter and said: "By Allah, you have not come at this time except for a need." This signifies the understanding and modesty of Ibn ‘Umar (may Allah be pleased with him and his father) and how he did not make things difficult for whoever needed him during his rest, knowing that the one who would come to him during his rest had only come for a necessity; hence, he should not be upset with him; rather, he should receive him with a cheerful face. Ibn Jubayr entered upon Ibn ‘Umar (may Allah be pleased with him and his father) and found him lying on a "saddlecloth," a cloth laid on an animal's back under the saddle, and he was resting his head on a pillow, which is a cushion, and it was filled with fiber, i.e., tree or palm cortex.
Then, Sa‘īd ibn Jubayr said: "O Abu ‘Abdur-Rahmān," which is the nickname of ‘Abdullah ibn ‘Umar, and he asked him: Should the two involved in a case of Li‘ān be separated? Ibn ‘Umar (may Allah be pleased with him and his father) said: "Glory be to Allah! Yes." Ibn ‘Umar glorified Allah to express his surprise that Sa‘īd ibn Jubayr was unaware of this famous ruling. Ibn ‘Umar then said: "The first one who asked about this," i.e., the first one who asked the Messenger of Allah (may Allah's peace and blessings be upon him) about what you asked me about "was so-and-so the son of so-and-so," who was ‘Uwaymir al-‘Ajlāni as mentioned in another version in Sahīh Muslim Collection: "The Prophet (may Allah's peace and blessings be upon him) separated between the two members of Banu al-‘Ajlān." He asked: O Messenger of Allah, tell me about the ruling of one who found his wife committing adultery; what should he do in such a situation? If he spoke about what he had seen, "his statement would be a horrible matter" that people would find disgusting. It would be Qadhf (false accusation of adultery) that entails flogging as a legally prescribed punishment in case he brought no evidence. "And if he were to remain silent" and did not speak about what he had seen, his silence about the matter would also be horrible and an unbearable feeling of anger. Ibn ‘Umar (may Allah be pleased with him and his father) reported that the Prophet (may Allah's peace and blessings be upon him) remained silent and did not answer the man's question, waiting for the revelation and considering this a serious issue. The Prophet (may Allah's peace and blessings be upon him) would hate questions about things that did not occur. This man who asked the Prophet (may Allah's peace and blessings be upon him) came back after some time and said: O Messenger of Allah, "I have been afflicted by" the matter I had asked you about, i.e., I have been afflicted and tested in this regard, as I saw my wife committing adultery. Thereupon, Allah Almighty revealed verses of Surat an-Nūr: {As for those who accuse their wives [of adultery] but have no witnesses except themselves, then the evidence of one of them is to testify four times by Allah that he is telling the truth, and the fifth [oath] is that may Allah curse him if he is telling a lie. But she will be spared the punishment if she testifies four times by Allah that he is telling a lie, and the fifth [oath] is that may Allah’s wrath be upon her if he is telling the truth.} [Surat an-Nūr: 6-9] This means: That Men who accuse their wives without having witnesses besides their own selves to testify to the truthfulness of their accusation, each of them should testify four times by Allah: that he is telling the truth about accusing his wife of adultery, then, in the fifth testimony, he should add the supplication against himself of being worthy of curse if he was lying about his accusation, which makes her subject to the legal prescribed punishment of adultery. What spares her this punishment is to testify four times by Allah that he is lying about accusing her, then, in her fifth testimony, she should add the supplication against herself of being liable to Allah's wrath if he was telling the truth about what he accuses her of.
The Prophet (may Allah's peace and blessings be upon him) recited these verses to the man and admonished him in the hope that he might take back his accusation "and reminded him" to repent, telling him that the worldly punishment - which is the legally prescribed punishment of Qadhf - is less severe and much easier than the punishment of the Hereafter. However, the man said: "No" I shall not take back what I said because it is true, and he swore, saying: By the One Who sent you with the truth, I did not lie about her by accusing her of adultery and immorality. Then, the Prophet (may Allah's peace and blessings be upon him) called the woman and admonished her to repent in case she had sinned. He reminded and informed her that the worldly punishment - which is the prescribed punishment of adultery, i.e., being stoned - is less severe and much easier than the punishment of the Hereafter. However, the woman swore that her husband was lying in his claim against her. Thereupon, the Prophet (may Allah's peace and blessings be upon him) commanded both of them to swear the oath of condemnation. The Prophet (may Allah's peace and blessings be upon him) started with the man since Allah Almighty started with him in the verse. The man swore four times by Allah that he was telling the truth about what he accused her of, and in the fifth testimony, he invoked the curse upon himself if he was a liar. Then, it was the woman's turn. So, she swore four times by Allah that her husband was lying about his claim against her by accusing her of adultery and immorality, and in the fifth, she supplicated against herself invoking Allah's wrath upon her if her husband was truthful in what he said. So, none of them admitted the truthfulness of the other. Hence, the Prophet (may Allah's peace and blessings be upon him) separated between them. One of the rulings of Li‘ān is that if each of the spouses insists on what he said, then, they should not be united after Li‘ān and their marriage is invalidated.
The Hadīth clarifies the ruling of Li‘ān and its manner.
It points out how the sinner should be admonished and reminded of repentance..

1495

‘Abdullah reported: It was Friday night, and we were in the mosque when a man from the Ansār (supporters) came and said: If a man found another man with his wife and he speaks about it, you will flog him; or if he kills, you will kill him; and if he remains silent, he will remain silent in anger. By Allah, I will surely ask the Messenger of Allah (may Allah's peace and blessings be upon him) about it. On the next day, he came to the Messenger of Allah (may Allah's peace and blessings be upon him) and asked him saying: If a man found another man with his wife and he speaks about it, you will flog him; or if he kills, you will kill him; or if he remains silent, he will remain silent in anger. He said: O Allah, judge; and he kept supplicating, so the verse of Li‘ān (oath of condemnation) was revealed: {As for those who accuse their wives [of adultery] but have no witnesses except themselves} [Surat an-Nūr: 6], these verses. This man, of all people, was afflicted with this. So, he came with his wife to the Messenger of Allah (may Allah's peace and blessings be upon him) and swore the oath of condemnation. The man testified four times by Allah that he was from the truthful, then, the fifth time he invoked a curse that Allah's curse be upon him if he was from the liars. She went to invoke a curse, but the Messenger of Allah (may Allah's peace and blessings be upon him) said to her: Stop. However, she refused and invoked a curse. After they had both left, he said: Perhaps she will give birth to a curly-haired black child, and she gave birth to a curly-haired black child..

Commentary : The Shariah has clarified the rulings of marriage between the man and the woman and has explained the rulings of the husband's accusation of his wife for committing adultery without evidence and the consequent practice of Li‘ān, besides other rulings of separation, to protect lineages, repel shame from the spouses, and ward off the legally prescribed punishment of Qadhf (false accusation of adultery).
In this Hadīth, ‘Abdullah ibn Mas‘ūd (may Allah be pleased with him) narrates that they were in the Prophet's mosque on Friday night when a man from the Ansār - the people of Madīnah - came. It was Hilāl ibn ’Umayyah, and it is said: ‘Uwaymir al-‘Ajlāni. He said: "If a man found another man with his wife," i.e., he saw her committing adultery with him. If "he speaks" about it, "you will flog him" inflicting on him the legally prescribed punishment of Qadhf for having no witnesses, and if "he kills" the adulterer, "you will kill him" by way of legal retribution. "And if he remains silent" and does nothing, "he will remain silent in anger," i.e., anger and hatred for her. It seems that the man's speech was before the revelation of the verses of Li‘ān and it also seems that it was a mere question posed by that man at that time, not a real incident that had already occurred. The Messenger of Allah (may Allah's peace and blessings be upon him) used to hate such questions as mentioned in the Hadīth of Sahl ibn Sa‘d in the two Sahīh Collections.
Then, this man swore to ask the Messenger of Allah (may Allah's peace and blessings be upon him) about this matter. On the next day - the next morning - the man went to the Messenger of Allah (may Allah's peace and blessings be upon him) asking about what was previously mentioned. Thereupon, the Prophet (may Allah's peace and blessings be upon him) supplicated: "O Allah, judge," i.e., clarify to us the ruling in this regard, and he continued supplicating Allah Almighty to clarify this incident, so, the verses of Li‘ān were revealed. These are the verses in which Allah Almighty says: {As for those who accuse their wives [of adultery] but have no witnesses except themselves, then the evidence of one of them is to testify four times by Allah that he is telling the truth, and the fifth [oath] is that may Allah curse him if he is telling a lie. But she will be spared the punishment if she testifies four times by Allah that he is telling a lie, and the fifth [oath] is that may Allah’s wrath be upon her if he is telling the truth.} [Surat an-Nūr: 6-9] This means: Men who accuse their wives without having witnesses besides their own selves to testify to the truthfulness of their accusation, each of them should swear four times by Allah that he is telling the truth about accusing his wife of adultery. Then, in the fifth testimony, he should add the supplication against himself of being worthy of condemnation if he is lying about his accusation, which makes her subject to the legally prescribed punishment of adultery. What spares her of this punishment is to testify four times by Allah that he is lying about accusing her. Then, in her fifth testimony, she should add the supplication against herself of being liable for Allah's wrath if he is telling the truth about what he accuses her of.
Among all people, this man was afflicted by the occurrence of what he asked about to his wife. So, he accompanied his wife to the Messenger of Allah (may Allah's peace and blessings be upon him). They both swore the oath of condemnation, i.e., the man testified four times by Allah that he was telling the truth, and then, the fifth time, he invoked the curse of Allah upon himself if he was lying. This is because testimony in an adultery case is not complete except with four witnesses, but this case was witnessed by none except the husband; hence, he was assigned four testimonies so that each oath would replace a witness, as an oath could sometimes replace a witness like when someone is entitled to some right but has one witness only. In this case, the Shariah considers his oath in place of the witness. After completing the four testimonies that replace the four witnesses, nothing is left after the testimony of the four witnesses in adultery against the married person, as in this case, except stoning, which is death. There is nothing left after taking the oath of condemnation four times except the curse of Allah Almighty or His wrath, which also indicates death (ruin). The woman, then, went to swear the oath of condemnation, but the Prophet (may Allah's peace and blessings be upon him) said to her: "Stop," a word meant here to deter her, i.e., refrain and take your time. However, she refused to stop or be dissuaded from completing Li‘ān. Hence, she took her part in Li‘ān. When the two parties swore the oath of condemnation and went away after finishing their testimonies, the Messenger of Allah (may Allah's peace and blessings be upon him) said: "Perhaps she will give birth to" the baby in her womb, and he will be "a curly-haired black child," i.e., not straight-haired, which was the description of the one she was accused of committing adultery with. It is as if the Prophet (may Allah's peace and blessings be upon him) most likely believed that she was lying, and the child she gave birth to was just as the Prophet (may Allah's peace and blessings be upon him) had described.
The Hadīth clarifies that the ruling of Li‘ān, in principle, is to take place between the man and his wife if he accuses her of adultery and has no witness but himself.
It also points out that things must be judged according to what is apparent, whereas Allah Almighty is the One Who judges the intentions.
It explains how Li‘an must take place in the presence of the Imam or the judge and in the presence of an assembly of people.
It shows the condition that makes Li‘ān obligatory, which is the woman's denial of committing adultery because if she admits it, Li‘ān becomes impermissible and she becomes subject to the legally prescribed punishment.
It also signifies that it is Sunnah for the ruler to admonish the two persons involved in Li‘ān when intending to swear the oath of condemnation, which becomes confirmed after the fifth time..

1496

Muhammad ibn Sīrīn reported: I asked Anas ibn Mālik, knowing that he had knowledge of that, and he said: Hilāl ibn ’Umayyah accused his wife of committing adultery with Sharīk ibn Sahmā’, the brother of Al-Barā’ ibn Mālik from his mother's side. He was the first man who practiced Li‘ān (oath of condemnation) in Islam. He swore oaths of Li‘ān against his wife, so the Messenger of Allah (may Allah's peace and blessings be upon him) said: "Watch her, if she gives birth to a white-complexioned child having straight hair and sore eyes, he is the son of Hilāl ibn ’Umayyah, but if she gives birth to a child with dark eyelids, curly hair, and thin shanks, then he is the son of Sharīk ibn Sahmā’." He (the narrator) said: I was informed that she gave birth to a child with dark eyelids, curly hair, and thin shanks..

1498

Abu Hurayrah reported: Sa‘d ibn ‘Ubādah al-Ansāri said: O Messenger of Allah, what if a man finds his wife with another man? Should he kill him? The Messenger of Allah (may Allah's peace and blessings be upon him) said: No. Sa‘d said: Yes, by the One Who honored you with the truth. Thereupon, the Messenger of Allah (may Allah's peace and blessings be upon him) said: Listen to what your master is saying!.

1502

Abu Hurayrah reported that the Prophet (may Allah's peace and blessings be upon him) said about the slave whose ownership is shared between two men and one of them emancipates him, he said: He should guarantee..

Commentary : The Shariah has protected all rights including the partners' rights. It has forbidden any kind of offense practiced by one partner against the other. This Hadīth clarifies that when two people own a slave jointly and one of them emancipates his share of that slave, this entails emancipating the rest of the slave. When the Prophet (may Allah's peace and blessings be upon him) said: "He should guarantee," it meant that the emancipator should guarantee his partner's share of the slave whom he emancipated, i.e., he is financially responsible for securing the complete freedom of that slave. In the Two Sahīh Collections: "But if he has no money, the slave will be required to work to pay for his freedom, but must not be overburdened." So, it made it clear that if the emancipator is poor and has no money to free the rest of the slave, he remains in slavery and is required to work for his freedom and to pay for the share of the partner who did not emancipate him. However, he should not be assigned tasks that are hard for him or beyond his ability..

Book of Hadith

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