It was narrated that ‘Umayr, the freed slave of Ibn ‘Abbas, said: ‘Abdullah ibn Yasar, the freed slave of Maymunah, the wife of the Prophet (blessings and peace of Allah be upon him), went to visit Abu Juhaym ibn al-Harith ibn al-Simmah al-Ansari. Abul Juhaym al-Ansari said: The Prophet (blessings and peace of Allah be upon him) came from the direction of Bi’r Jamal and was met by a man who greeted him with salaam, but the Prophet (blessings and peace of Allah be upon him) did not return the greeting until he turned to the wall and wiped his face and hands, then he returned the greeting..

Commentary : Tayammum is a concession that Allah (may He be exalted) has prescribed for His slaves when water is not available or it is not possible to use it, so as to make things easy for them, as it makes it permissible to offer the prayer and do other acts of worship. So if a Muslim is not in a state of purity, and cannot find water, but he wants to mention the name of Allah (may He be exalted), then he may do tayammum before mentioning Him, as is indicated by this hadith. Abu Juhaym ibn al-Harith ibn al-Simmah al-Ansari narrates that when the Prophet (blessings and peace of Allah be upon him) came from the direction of Bi’r Jamal – which is a place near Madinah – he was met by a man who greeted him with salaam, but he did not return the greeting until he turned to a wall, patted it with his hands, and wiped his face and hands, then he returned the man’s greeting. That was because al-Salaam is one of the names of Allah (may He be exalted), so the Prophet (blessings and peace of Allah be upon him) wanted to mention the name of Allah when he was in a state of purity. Hence he did tayammum, then he returned the man’s greeting.
This hadith indicates that tayammum may be done for supererogatory actions and virtuous deeds, and not only for obligatory deeds.
It indicates that tayammum may be done when not travelling, if there is no water available, or if one is not able to use it.
It indicates that tayammum consists of patting the dust once to wipe the face and hands..

338

It was narrated that ‘Abdul Rahman ibn Abza said: A man came to ‘Umar ibn al-Khattab and said: I became junub and could not find any water. ‘Ammar ibn Yasir said to ‘Umar ibn al-Khattab: Do you not remember when we were on a journey, you and I? As for you, you did not pray; as for me, I rolled in the dust and prayed. I mentioned that to the Prophet (blessings and peace of Allah be upon him), and the Prophet (blessings and peace of Allah be upon him) said: “It would have been sufficient for you to do like this.” Then the Prophet (blessings and peace of Allah be upon him) patted the ground with his hands and blew onto them, then he wiped his face and hands with them..

Commentary : Tayammum is a concession that Allah (may He be exalted) has prescribed for His slaves when water is not available or it is not possible to use it, so as to make things easy for them, as it removes impurity (hadath) and makes it permissible to offer the prayer and do other acts of worship. In this hadith, the Tabi‘i ‘Abdul Rahman ibn Abza narrates that a man from the desert – as mentioned in the report of ‘Abdul Razzaq – came to ‘Umar ibn al-Khattab (may Allah be pleased with him) and told him that he had become junub, but he could not find any water with which to do ghusl to cleanse himself from janabah. The word janabah refers to anyone who emits maniy (semen) or has intercourse; it is so called because he must avoid (ijtinab) prayer and other acts of worship until he has purified himself from it.
The response of ‘Umar (may Allah be pleased with him), according to a report narrated by Muslim, was to say: Do not pray. He told him not to pray until he could find water. According to a version narrated by Abu Dawud, he said: As for me, I would not pray until I could find water. It is as if ‘Umar thought that he should not pray until he found water with which to purify himself, then he could pray. At this point, ‘Ammar ibn Yasir reminded ‘Umar ibn al-Khattab (may Allah be pleased with them) of something that had happened to both of them, as he said: O Commander of the Faithful, do you not remember when you and I were on a journey? According to a report narrated by Muslim, he said: …and we became junub. They both became junub whilst they were on a journey, and they could not find any water. As for ‘Umar (may Allah be pleased with him), he refrained from praying, because he expected to reach water before the time for the prayer ended, or because he believed that tayammum was only valid in the case of minor impurity, not major impurity (janabah). As for ‘Ammar (may Allah be pleased with him), he drew an analogy between major impurity and minor impurity, and therefore he rolled in the dust in order to remove the major impurity. It is as if, because he believed that tayammum could be an alternative for wudu’ and it is done in a similar manner to it, he thought that tayammum could also be done in a manner similar to ghusl. Then he prayed after that. When he returned to Madinah, he told the Prophet (blessings and peace of Allah be upon him) about that, and the Prophet (blessings and peace of Allah be upon him) said: “It would have been sufficient for you to do like this,” then he patted the ground with his hands and blew onto them, to reduce the dust, then he wiped his face and hands with them. Thus he taught him how to do tayammum, and he taught him that it is valid for both major impurity (janabah) and minor impurity.
In this hadith, we see that the Sahabah strove to work out issues (ijtihad) at the time of the Prophet (blessings and peace of Allah be upon him).
It also indicates that making analogies (qiyas) is valid..

347

It was narrated that Shaqiq said: I was sitting with ‘Abdullah and Abu Musa al-Ash‘ari, when Abu Musa said to him: What if a man becomes junub and cannot find water for a month; would he not do tayammum and pray? Then how do you understand this verse in Surat al-Ma’idah, {[But if you] do not find water, then seek clean earth…} [al-Ma’idah 5:6]? ‘Abdullah said: If that concession was granted to them, then you would most likely see them, every time they found the water to be cold, seeking clean earth [to do tayammum]. I said: So you dislike it for that reason? He said: Yes. Abu Musa said: Did you not hear what ‘Ammar said to ‘Umar? [He said:] The Messenger of Allah (blessings and peace of Allah be upon him) sent me on an errand, and I became junub but could not find any water, so I rolled in the dust as an animal does. I mentioned that to the Prophet (blessings and peace of Allah be upon him) and he said: “It would have been sufficient for you to do like this.” Then the Prophet (blessings and peace of Allah be upon him) patted the ground with his hands once, then he shook them [to remove excess dust], then he wiped the back of his [right] hand with the palm of his left hand, or the back of his left hand with the palm of his [right] left, then he wiped his face with them. ‘Abdullah said: Did you not see that ‘Umar was not convinced by what ‘Ammar said? Ya‘la added, narrating from al-A‘mash, from Shaqiq: I was with ‘Abdullah and Abu Musa, and Abu Musa said: Did you not hear what ‘Ammar said to ‘Umar? [He said:] The Messenger of Allah (blessings and peace of Allah be upon him) sent me and you, and I became junub and rolled in the dust. Then we came to the Messenger of Allah (blessings and peace of Allah be upon him) and told him about that, and he said: “It would have been sufficient for you to do like this.” And he wiped his face and hands once..

Commentary : Tayammum is a concession that Allah (may He be exalted) has prescribed for His slaves when water is not available or it is not possible to use it, so as to make things easy for them, as it removes impurity (hadath) and makes it permissible to offer the prayer and do other acts of worship.
‘Abdullah ibn Mas‘ud (may Allah be pleased with him) narrated that in the beginning, tayammum was an alternative to wudu’ only, not to ghusl. In this hadith, the Tabi‘i Shaqiq ibn Salamah reports the discussion that took place between ‘Abdullah ibn Mas‘ud and Abu Musa al-Ash‘ari (may Allah be pleased with them both) about this matter, as Abu Musa (may Allah be pleased with him) said to ‘Abdullah ibn Mas‘ud (may Allah be pleased with him): What if a man becomes junub and cannot find water for a month; would he not do tayammum and pray? Abu Musa objected to the view of Ibn Mas‘ud (may Allah be pleased with him) which said that tayammum cannot be done in the case of janabah, and a person in this situation cannot pray until he finds water. Then he [Abu Musa] quoted as evidence [to refute the view of Ibn Mas‘ud] the verse in which Allah (may He be exalted) says: {[But if you] do not find water, then seek clean earth…} [al-Ma’idah 5:6] ‘Abdullah ibn Mas‘ud (may Allah be pleased with him) responded to him by saying that if people were granted a concession allowing them to do tayammum in this case, then people would most likely, every time they found the water to be cold, seek clean earth [to do tayammum] and they would stop washing with water. Ibn Mas‘ud (may Allah be pleased with him) suggested that if we go along with the view that it is permissible for the one who is junub to do tayammum, that might open the door to being too heedless with regard to tayammum, so everyone who found the water cold would do tayammum [instead of ghusl]. Thus he wanted to prevent people from resorting to it for trivial reasons, by preventing them from doing tayammum to cleanse themselves from janabah instead of doing ghusl. But Abu Musa (may Allah be pleased with him) quoted the hadith of ‘Ammar ibn Yasir (may Allah be pleased with him), in which he said that the Messenger of Allah (blessings and peace of Allah be upon him) sent him on an errand, and that during this journey he became junub, so he rolled in the dust like an animal. According to a report narrated in Sahih al-Bukhari, ‘Umar ibn al-Khattab was with ‘Ammar (may Allah be pleased with them both), and he also became junub, but he refrained from doing tayammum and decided not to pray until he was able to find water. Then when ‘Ammar returned, he told the Prophet (blessings and peace of Allah be upon him) about that, and that he had rolled in the dust with the intention of doing tayammum to cleanse himself of janabah. So the Prophet (blessings and peace of Allah be upon him) taught him how to do tayammum, which is to pat the dust with both hands, then blow on them to reduce the dust, then wipe the hands and face with them. This proves that it is valid for one who is junub to do tayammum. Thus ‘Abdullah ibn Mas‘ud disagreed with Abu Musa (may Allah be pleased with them both), and said to him: Did you not see that ‘Umar was not convinced of what ‘Ammar said? Here he was referring to when ‘Umar ibn al-Khattab (may Allah be pleased with him) did not remember that the Prophet (blessings and peace of Allah be upon him) said this to ‘Ammar (may Allah be pleased with him) when ‘Ammar (may Allah be pleased with him) told him about this incident. It was as if ‘Abdullah (may Allah be pleased with him) was using ‘Umar’s view as evidence to prove that tayammum was not valid in the case of janabah and major impurity.
This hadith highlights the fact that the Sahabah used to discuss issues of knowledge and quote as evidence the Book of Allah, the Sunnah of His Prophet (blessings and peace of Allah be upon him) and sound analogies to both. .

350

It was narrated that ‘A’ishah the Mother of the Believers said: When Allah first enjoined the prayer, each prayer was two rak’ahs, whether one was at home or travelling. Then the prayer when travelling was confirmed and remained as it was, and the prayer when not travelling was increased..

Commentary : The revelation came down to the Prophet (blessings and peace of Allah be upon him) gradually. By the wisdom of Allah (may He be exalted), some rulings were abrogated. This gradual approach was done to achieve some purposes, or to make things easy, or for other reasons.
In this report, the Mother of the Believers ‘A’ishah (may Allah be pleased with her) narrates that in the beginning, before the Mi‘raj, all the prayers consisted of two rak‘ahs, whether one was at home or travelling. After that, the five daily prayers were enjoined, then obligatory prayers that were offered when not travelling were increased; Zuhr, ‘Asr and ‘Isha were increased to four rak‘ahs when not travelling, after having been two. Fajr, however, remained as two rak‘ahs because of the lengthy recitation in it; and Maghrib became three rak‘ahs, because it is the Witr of the day. Prayer offered when travelling remained two rak‘ahs, as it had been originally, except for Maghrib, which cannot be shortened.
It was said that after the Prophet (blessings and peace of Allah be upon him) reached Madinah and settled there, prayer offered when travelling was made lighter with the revelation of the verse, {And when you travel throughout the land, there is no blame upon you for shortening the prayer, [especially] if you fear that those who disbelieve may disrupt [or attack] you. Indeed, the disbelievers are ever to you a clear enemy} [al-Nisa’ 4:101]. Thus we may say that when they said that prayer when travelling remained as it was, the Arabic phrase may be understood as meaning that the prayer when travelling ended up lighter and did not continue to be the same as it was initially enjoined..

355

It was narrated from ‘Umar ibn Abi Salamah that he saw the Prophet (blessings and peace of Allah be upon him) praying in a single garment in the house of Umm Salamah, with the ends of it wrapped over his shoulders..

Commentary : One of the distinguishing characteristics of the Islamic religion is that it makes things easy for people. Allah (may He be glorified and exalted) has not enjoined anything but that which is easy to apply. One example of that is making it easy to do acts of worship. In this hadith, ‘Umar ibn Abi Salamah – the stepson of the Prophet (blessings and peace of Allah be upon him); he was the son of Umm Salamah the wife of the Prophet (blessings and peace of Allah be upon him) – narrates that he saw the Prophet (blessings and peace of Allah be upon him) praying in a single garment in the house of Umm Salamah, with the ends of it wrapped on his shoulders. The word translated here as shoulder refers to the place where the shoulder meets the side of the neck and it is the place where the garment is placed on both sides. What that means is that he put the right edge of his garment on his left shoulder and the left edge of his garment on his right shoulder, then he tied the two ends over his chest, which is known as ishtimal; it is done to prevent the garment from falling and uncovering the ‘awrah. This ruling applies to one who only owns one garment, if the garment is big enough for that and can cover the entire body. But if the garment is narrow or small, then the individual should pray with it wrapped around his waist to cover his ‘awrah and the lower half of his body, as is mentioned in the hadith of Jabir ibn ‘Abdillah (may Allah be pleased with him) in Sahih al-Bukhari..

357

It was narrated from Abul Nadr the freed slave of ‘Umar ibn ‘Ubaydillah, that Abu Murrah, the freed slave of Umm Hani’ bint Abi Talib told him that he heard Umm Hani’ bint Abi Talib say: I went to the Messenger of Allah (blessings and peace of Allah be upon him) during the year of the conquest [of Makkah], and I found him doing ghusl, with his daughter Fatimah screening him. I greeted him with salaam, and he said: “Who is that?” I said: I am Umm Hani’ bint Abi Talib. He said: “Welcome, Umm Hani’!” When he had finished his ghusl, he stood and prayed eight rak‘ahs, wrapped in a single garment. Then when he had finished, I said: O Messenger of Allah, The son of my mother is saying that he is going to kill a man to whom I have offered my protection, So-and-so the son of Hubayrah. The Messenger of Allah (blessings and peace of Allah be upon him) said: “We grant protection to whomever you grant protection to, O Umm Hani’.” Umm Hani’ said: That happened at midmorning..

Commentary : Offering protection is a promise that one of the Muslims may give to a disbeliever, according to which that person becomes safe on the basis of that promise, and his life and property are protected.
In this hadith, Umm Hani’ bint Abi Talib (may Allah be pleased with her) – who was a paternal cousin of the Messenger of Allah (blessings and peace of Allah be upon him) – narrates that she went to the Prophet (blessings and peace of Allah be upon him) during the year of the conquest [of Makkah], which occurred in 8 AH. According to a report in Sahih al-Bukhari, that happened at midmorning; midmorning (duha) extends from the time when the sun has risen to the height of a spear until just before Zuhr. That happened in her house, as is stated in a report narrated in Sahih al-Bukhari. She found him doing ghusl, with his daughter Fatimah (may Allah be pleased with her) shielding him from view, so that he would not be seen. She greeted him with salaam, and the Prophet (blessings and peace of Allah be upon him) asked who she was, so she told him that she was Umm Hani’, whereupon the Prophet (blessings and peace of Allah be upon him) welcomed her.
Then she narrates that when the Prophet (blessings and peace of Allah be upon him) had finished his ghusl, he prayed eight rak‘ahs, wrapped in a single garment. The way in which that garment was worn was that he placed the right edge of the garment on his left shoulder, and placed the left edge of it on his right shoulder, then tied the two ends over his chest. This is what is called ishtimal, and it is done to make the garment more secure in covering the ‘awrah.
When he finished his prayer, she said to him: The son of my mother – meaning ‘Ali ibn Abi Talib – is threatening that he is going to kill a man to whom I have granted protection. The Prophet (blessings and peace of Allah be upon him) said: “We grant protection to whomever you grant protection to.” Umm Hani’ said: That happened at midmorning.
This hadith indicates that a woman may grant protection to a polytheist (mushrik).
It highlights the good manners of the Messenger of Allah (blessings and peace of Allah be upon him), how he upheld the ties of kinship, how he spoke kind words, was of a gentle nature, and welcomed visitors warmly.
It also indicates that it is prescribed to offer the Duha prayer..

358

It was narrated that Ibn ‘Umar (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Do not aim to offer your prayer when the sun is rising or setting.”.

Commentary : There are specific times for the five daily obligatory prayers. With regard to supererogatory and voluntary prayers, it is permissible to offer them at any time, apart from the fact that the Prophet (blessings and peace of Allah be upon him) forbade praying at certain times, which include what is mentioned in this hadith, namely the time when the sun is rising and the time when it is setting. The Prophet (blessings and peace of Allah be upon him) said: “Do not aim to offer your prayer when the sun is rising or setting.” In other words, do not seek out these two times to pray. The reason for that – as mentioned in other reports – is that the sun rises between the two sides of the head of a devil, or the side of the head of the Shaytan rises with it, and because some of the disbelievers used to prostrate to the sun and pray to it at these two times. Therefore it is prohibited to pray at these two times, in order to differ from these disbelievers.
This prohibition is understood to refer to voluntary prayers at these times. In the case of one who has an excuse for not having caught up with the obligatory prayer at the beginning of its time, he may pray at the end of its time and catch up with the prayer before the sun rises and before it sets, as it says in the hadith narrated by al-Bukhari: “Whoever catches up with one rak‘ah of Fajr before the sun rises has caught up with Fajr.” Or it may be that the prohibition is on praying deliberately at the time of sunrise or sunset. However, if it is not done deliberately – as in the case of one who wakes up or remembers after having forgotten – he may pray (at those times) and there is no blame on him..

358

It was narrated from Abu Hurayrah that someone asked the Messenger of Allah (blessings and peace of Allah be upon him) about praying in a single garment. The Messenger of Allah (blessings and peace of Allah be upon him) said: “Does everyone among you have two garments?”.

Commentary : One of the distinguishing characteristics of the Islamic religion is that it makes things easy for people. Allah (may He be glorified and exalted) has not enjoined anything but that which is easy to apply.
In this hadith, Abu Hurayrah narrates that someone came to the Prophet (blessings and peace of Allah be upon him) and asked him about the ruling on praying in a single garment: was that permissible and valid, or not? The Prophet (blessings and peace of Allah be upon him) gave a response which implied the answer and gave a fatwa, as he said: “Does everyone among you have two garments?” This was a question which indicated that he found the first question somewhat odd, for if not everyone among you can afford two garments, and the prayer is obligatory, then it should be valid to pray in a single garment so long as it covers the ‘awrah, because this is a religion of ease and Allah does not burden any soul with more than it can bear. At the beginning of Islam, the Sahabah were extremely poor, and perhaps they could only afford one garment, which they would use in various ways for various purposes, including prayer. When Allah enabled the Muslims to make conquests, they prayed in two garments, a rida’ (upper garment) and izar (lower garment), so that this would be more covering for the body and the ‘awrah, and it would be more appropriate for the one who was standing in prayer, in addition to improving his appearance when standing before Allah (may He be glorified and exalted)..

359

It was narrated that Abu Hurayrah said: The Prophet (blessings and peace of Allah be upon him) said: “No one of you should pray in a single garment of which nothing is on his shoulders.”.

360

It was narrated that Abu Hurayrah said: I bear witness that I heard the Messenger of Allah (blessings and peace of Allah be upon him) say: “Whoever prays in a single garment, let him put each end of it on the opposite shoulder.”.

361

It was narrated that Sa‘id ibn al-Harith said: We asked Jabir ibn ‘Abdillah about praying in a single garment, and he said: I went out with the Prophet (blessings and peace of Allah be upon him) on one of his journeys. I came to him at night for some reason, and I found him praying. I was wearing a single garment, so I wrapped myself in it and prayed beside him. When he finished he said: “What brought you here at night, O Jabir?” I told him what I needed, and when I had finished speaking, he said: “What is this wrapping that I see?” I said: The garment is narrow. He said: “If it is wide, then wrap yourself with it, and if it is narrow, then wrap it around your waist.”.

Commentary : Prayer is an act of worship that nourishes the soul. In the prayer, the individual stands before his Lord, and he should cover his body and his ‘awrah, presenting himself in a manner that is appropriate to standing before Allah (may He be glorified). The Prophet (blessings and peace of Allah be upon him) explained what is permissible when praying and what is not permissible.
In this hadith, the Tabi‘i Sa‘id ibn al-Harith narrates that they asked Jabir ibn ‘Abdillah (may Allah be pleased with him) about the ruling on praying in a single garment, and Jabir (may Allah be pleased with him) responded by telling them what happened to him with the Prophet (blessings and peace of Allah be upon him), when he went out with the Prophet (blessings and peace of Allah be upon him) on one of his journeys. That was the campaign of Buwat – as was specified in Sahih Muslim. Buwat is the mountains of Juhaynah; between Buwat and Madinah there is a distance of approximately 36 miles. This campaign was one of the first campaigns of the Prophet (blessings and peace of Allah be upon him). Jabir went by night for some purpose, and he found the Prophet (blessings and peace of Allah be upon him) standing in prayer. Jabir was wearing a single garment, so he wrapped it around himself because it was narrow, and he put its edges on his shoulders, and prayed with the Prophet (blessings and peace of Allah be upon him).
When the Prophet (blessings and peace of Allah be upon him) finished praying, he asked Jabir why he had come at night; he only asked him that because he knew that what had made him come at night was a serious matter. So Jabir (may Allah be pleased with him) told him what he needed, then the Prophet (blessings and peace of Allah be upon him) said: “What is this wrapping that I see?” This is a question which reflected disapproval; the reason why he did not approve was that the garment was narrow, and Jabir had put its ends on opposite shoulders; so it was as if when he put its ends on opposite shoulders, the garment was no longer covering him properly. Jabir (may Allah be pleased with him) replied by telling him that he was wearing a single garment that was narrow, so he had wrapped himself in it. Then the Prophet (blessings and peace of Allah be upon him) taught him that the time to wrap oneself in that manner was when the garment was wide enough, in which case he could wrap himself in it by using one end as an izar and the other end as a rida’. But if the garment was narrow, then it would be sufficient to wrap it around his waist, because the aim is to cover the ‘awrah, which may be achieved by wrapping it around the waist only, if it is small and narrow..

362

It was narrated that Sahl ibn Sa‘d said: Some men were praying with the Prophet (blessings and peace of Allah be upon him), with their izars tied on their shoulders, like children, and it was said to the women: Do not raise your heads [from prostration] until the men have sat up completely..

Commentary : Some of the companions of the Prophet (blessings and peace of Allah be upon him) were so poor and needy that they did not own more than one garment with which to wrap themselves and cover both the upper and lower parts of their bodies whilst praying. The basic principle concerning the izar is that it is used to cover the lower part of the body, but they were wrapping it around their shoulders, to serve as both a rida’ and an izar, covering the entire body as small children used to do at that time.
This is indicative of how Islam makes it easy to pray in one garment when necessary, if the garment is large enough to do that. But if it is too narrow or small, then the individual should pray with it wrapped around his waist, so as to cover his ‘awrah and the lower part of his body, as mentioned in the hadith of Jabir ibn ‘Abdillah (may Allah be pleased with him) in Sahih al-Bukhari.
It was said to the women: Do not raise your heads [from prostration] until you are certain that the men have sat up completely after rising from prostration. That was to prevent them seeing the ‘awrahs of the men, if they raised their heads from prostration before them. That was because the women stood behind the men, and the men’s ‘awrahs might become uncovered as they were standing up. Therefore the women were prohibited to raise their heads too soon, for that reason.
This hadith indicates that the garments of those men were short and might uncover their ‘awrahs.
It also highlights the fact that averting the gaze and avoiding looking at ‘awrahs is more emphasized in the case of prayer..

363

It was narrated that Mughirah ibn Shu‘bah said: I was with the Prophet (blessings and peace of Allah be upon him) on a journey, and he said: “O Mughirah, pick up the vessel.” So I picked it up, then the Messenger of Allah (blessings and peace of Allah be upon him) set out, until he disappeared from my view and relieved himself. He was wearing a Syrian jubbah, and he went to bring his arm out from its sleeve, but it was too narrow, so he brought his arm out from beneath the garment, and I poured water for him and he did wudu’ as for prayer and wiped over his khuffs, then he prayed..

Commentary : Al-Mughirah (may Allah be pleased with him) was with the Prophet (blessings and peace of Allah be upon him) during a journey on one of his campaigns, which was the campaign to Tabuk in 9 AH. The Prophet (blessings and peace of Allah be upon him) instructed him to pick up “the vessel” – the vessel in question was a small vessel that was used for carrying water for wudu’ and the like. So al-Mughirah (may Allah be pleased with him) picked it up, and the Prophet (blessings and peace of Allah be upon him) set out until he had moved away from al-Mughirah and disappeared from his sight. Then he relieved himself, urinating or defecating. He was wearing a jubbah that had been woven in Syria. The Prophet (blessings and peace of Allah be upon him) tried to bring his arm out of the sleeve, but he could not do that, because it was too narrow. So he brought his arm out from beneath the jubbah so that he would be able to wash it in wudu’, and he lifted the jubbah up onto his shoulders; the word translated here as shoulder refers to the point where the arm meets the shoulder. Al-Mughirah poured water for him, and he did wudu’ as prescribed for prayer, and wiped over his khuffs. The khuff is a kind of footwear made of leather, which covers the foot. It is usually worn for warmth. He wiped over his khuffs because he had put them on his feet when he was in a state of purity, so he availed himself of the concession allowing one to wipe over the khuffs without taking them off. Then the Prophet (blessings and peace of Allah be upon him) prayed.
The Sunnah explains that wiping over the khuffs may be done for one day and night for one who is not travelling, and for three days and nights for one who is travelling.
This hadith indicates that one may pray in clothes that were made by the polytheists, because there were Christians in Syria.
It also indicates that it is valid to wipe over the khuffs..

364

It was narrated that ‘Amr ibn Dinar said: I heard Jabir ibn ‘Abdillah narrating that the Messenger of Allah (blessings and peace of Allah be upon him) was moving stones with them for [the rebuilding of] the Kaaba. He was wearing his izar, and his uncle al-‘Abbas said to him: O son of my brother, if you undo your izar and put it on your shoulders, it will protect you from the stones. So he undid it and placed it on his shoulders, then he fainted. And he was never seen in a state of undress after that, blessings and peace of Allah be upon him..

Commentary : Allah (may He be exalted) cared for His Prophet from childhood and before He sent him with His message; He protected him from anything shameful or inappropriate. One example of this divine care is mentioned in this hadith, in which Jabir ibn ‘Abdillah narrates that the Prophet (blessings and peace of Allah be upon him) was moving the stones to rebuild the Kaaba with his people, when Quraysh wanted to rebuild it. That was some time before his mission began. It was said that at that time he was fifteen years old. Whilst he was carrying the stones, he was wearing his izar, which is a garment that is worn to cover the lower part of the body. His uncle al-‘Abbas said to him: If you undo your izar and put it on your shoulders, making it a barrier between the skin and the rocks, it will be less painful and less tiring for you to carry the stones. The word translated here as shoulder refers to where the top of the arm meets the shoulder. So the Prophet (blessings and peace of Allah be upon him) did that. Then he fainted, because his ‘awrah had become uncovered, for he had a natural inclination towards the best of manners and attitudes, and was created with a complete sense of modesty and shyness, and fainting was more covering for him. This is an example of Allah’s care for His Prophet (blessings and peace of Allah be upon him), and of His guiding him to follow the best manners and attitudes. From that time on, the Prophet (blessings and peace of Allah be upon him) was never seen in a state of undress with his ‘awrah uncovered.
It was also said that he fainted because of something he saw behind him, or because of a caller who called out to him to alert him to his being in a state of undress. In al-Sahihayn it says: He fell to the ground and his eyes rolled up, then he woke up and said: “My izar, my izar!” Then he tied his izar on firmly..

365

It was narrated that Abu Hurayrah said: A man went to the Prophet (blessings and peace of Allah be upon him) and asked him about praying in a single garment. He said: “Does everyone among you have two garments?” Then a man asked ‘Umar [a similar question] and he said: If Allah has enabled you to afford it, then cover yourselves properly; a man may wear whatever he has of garments. A man may pray in an izar and rida’, or in an izar and chemise, or in an izar and a qaba’, or in a sirwal and a rida’, or in a sirwal and a chemise, or in a sirwal and a qaba’, or in a short sirwal and a qaba’, or in a tubban and a chemise. And I think he said: in a tubban and a rida’..

Commentary : Prayer is an act of worship that nourishes the soul. In the prayer, the individual stands before his Lord, and he should cover his body and his ‘awrah, presenting himself in a manner that is appropriate to standing before Allah (may He be glorified). The Prophet (blessings and peace of Allah be upon him) explained what is permissible when praying and what is not permissible.
In this hadith, Abu Hurayrah (may Allah be pleased with him) narrates that a man came to the Prophet (blessings and peace of Allah be upon him) and asked him about praying in a single garment: was that permissible and valid, or not? The Prophet (blessings and peace of Allah be upon him) gave a response which implied the answer and gave a fatwa, as he said: “Does everyone among you have two garments?” This was a question which indicated that he found the question somewhat odd, for if not everyone among you can afford two garments, and the prayer is obligatory, then it should be valid to pray in a single garment so long as it covers the ‘awrah, because this is a religion of ease and Allah does not burden any soul with more than it can bear.
Then a man asked ‘Umar about praying in a single garment. That occurred during the caliphate of ‘Umar (may Allah be pleased with him). It seems that they differed concerning that matter, so they asked the caliph about it, and he said: If Allah has enabled you to afford it, then cover yourselves properly. Here he was urging people to let the blessings of Allah (may He be glorified and exalted) be seen clearly. This indicates that a single garment is sufficient, but anything in addition to that is better. Then ‘Umar said: A man may wear whatever he has of garments. A man may pray in an izar and rida’… What is meant is: let him put on his garments and pray in them. So a man may pray in an izar and rida’; the izar is the garment that covers the lower part of the body, and the rida’ covers the upper part. Or he may pray in an izar and a chemise, which refers to a garment with sleeves and pockets that is shaped to fit the body, and is put on and taken off over the head. It is like the thobe that people wear nowadays. Or he may pray in an izar and qaba’; the qaba’ is a garment with narrow sleeves and a narrow middle, and a slit at the back. Or he may pray in a sirwal (loose trousers) and a rida’; or in a sirwal and a chemise; or in a sirwal and a qaba’; or in a tubban and a qaba’; or in a tubban and a chemise. Sirwal refers to trousers that cover the body from the navel to the knees, or to the feet. Tubban refers to something that is like the sirwal except that it has no legs; it covers the most private part of the ‘awrah only. These nine types of clothing are listed with a conjunction, because ‘Umar said that by way of listing options. It is as if he was saying: if a man puts on whatever he has of garments, that is good enough, then he explained what garments may go together.
This hadith indicates that praying in two garments is better, even though it is permissible to pray in one garment.
It indicates that the matter of what garments may be worn when praying is easy and broad in scope, and that it may vary according to what one is able to afford, without falling short with regard to covering the ‘awrah..

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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