Narrated Ibn ‘Umar (may Allah be pleased with him):
I saw the people buy foodstuff randomly without measuring it during the lifetime of Allah's Messenger ﷺ and they were punished (by beating), if they tried to resell it before carrying it to their own houses..

2138

‘Aa’ishah (may Allah be pleased with her) said:
Rarely did the Prophet ﷺ fail to visit Aboo Bakr's house every day, either in the morning or in the evening. When the permission for migration to Al-Madeenah was granted, the Prophet ﷺ came to us at noon, which was unusual time of the day for him to come. When Aboo Bakr (may Allah be pleased with him) was informed, he said, "Certainly the Prophet ﷺ has come for some urgent and serious matter!" The Prophet ﷺ said to Aboo Bark (may Allah be pleased with him), when the latter entered: "Let nobody stay in the house (i.e., I would like to talk with you in private)." Aboo Bakr (may Allah be pleased with him) said, "O Allah's Messenger ﷺ! There are only my two daughters (i.e., ‘Aa’ishah and Asmaa’ (may Allah be pleased with them)) are present." The Prophet ﷺ said, "I have been granted permission to migrate." Aboo Bakr (may Allah be pleased with him) said, "Will I accompany you, O Allah's Messenger ﷺ?" The Prophet ﷺ said, "Yes, you will accompany me." Aboo Bakr (may Allah be pleased with him) then said "O Allah's Messenger ﷺ! I have two she-camels I have prepared specially for the migration, so I offer you one of them. The Prophet ﷺ said, "I have accepted it on the condition that I will pay its price.".

Commentary :
Abu Bakr (may Allah be pleased with him) was the closest friend to the Prophet ﷺ, and his companion in the migration. He (may Allah be pleased with him) was endowed with the greatest share of faith and belief compared to all Muslims, so much that had his faith been weighed against that of all people, his faith would have outweighed theirs.
This hadeeth underlines an aspect of the strength and genuineness of the relationship between the Prophet ﷺ and Aboo Bakr (may Allah be pleased with him). The Mother of the Believers ‘Aa’ishah (may Allah be pleased with her) stated that the Prophet ﷺ frequently visited his friend Aboo Bakr (may Allah be pleased with him) in the early days of Islam in Makkah. He ﷺ used to visit him either at sunrise or sunset. When Allah, Exalted is He, granted the Prophet ﷺ the permission to migrate from Makkah to Al-Madeenah, the Prophet ﷺ visited Aboo Bakr’s house at noon, and he ﷺ would not have visited him at such an unusual time except for an urgent and serious matter!
Given the seriousness and gravity of the situation, jeopardizing the lives of the Prophet ﷺ and Aboo Bakr (may Allah be pleased with him), the Prophet ﷺ asked to speak with him in private to inform him of the migration.
Aboo Bakr (may Allah be pleased with him) informed the Prophet ﷺ that only histwo daughters, namely ‘Aa’ishah and Asmaa’ (may Allah be pleased with them), were in the house. Thereupon, the Prophet ﷺ informed him that he ﷺ was granted the permission to migrate to Al-Madeenah. Since Aboo Bakr (may Allah be pleased with him) eagerly waited for that greatopportunity, he (may Allah be pleased with him) asked the Prophet ﷺ to accompany him during the journey, despite his knowledge of the gravity of the situation. The Prophet ﷺ granted him the permission to accompany him. In fact, he ﷺ had commanded him to remain in Makkah and did not grant him the permission to migrate to Al-Madeenah earlier with the other Companions (may Allah be pleased with them), so to accompany him when he would be granted the permission (from Allah, Exalted is He).
Aboo Bakr (may Allah be pleased with him) had bought and prepared two she-camels for the Prophet ﷺ and himself for that journey.
When permission was granted to the Prophet ﷺ to migrate to Al-Madeenah, he (may Allah be pleased with him) offered one of the two she-camels to the Prophet ﷺ, who accepted it on the condition that he ﷺ pay him its price.
The hadeeth highlights the virtues and merits of Aboo Bakr (may Allah be pleased with him).
It is also deuced therefrom that the Prophet ﷺ keenly sought the benefit of Aboo Bakr (may Allah be pleased with him) as he ﷺ refused to accept the she-camel without paying its price..

2140

Narrated Aboo Hurayrah (may Allah be pleased with him)
Allah's Messenger ﷺ forbade the selling of goods by a town dweller on behalf of a desert dweller; and similarly, Najsh was forbidden, and one should not override someone’s sale by urging the buyer to return the goods to the seller so as to sell him his own goods (for a lower price); nor should one propose to a woman who has already been engaged to someone else; and a woman should not try to cause the divorce of her fellow Muslim sister in order to deprive her of what belongs to her.”.

Commentary :
The Laws of Islam regulates people’s dealings and interactions when conducting sales and business transactions. It has laid down rules and principles clarifying the essential matters to avoid disputes among people, and help them conduct lawful and smooth business transactions that are free of ambiguity, deceit, and Laws of Islam violations.
In this hadeeth, the Prophet ﷺ forbade some business transactions that may lead to discord, hatred, and dishonesty among Muslims. Therefore, he ﷺ forbade a town dweller to sell goods on behalf of a desert dweller (or vice versa). This means that a desert dweller may not appoint a town or urban dweller to sell his commodity on his behalf in a given village or town for higher prices, acting as a broker and mediator in the sales transaction.
The wisdom behind the prohibition in this regard is that it best serves people’s interests; an urban dweller may sell the commodity for a higher price, but if the desert dweller sells his own goods, he may sell it for a lower price, and this would be more beneficial for people. Moreover, an urban dweller may harm the interests of the desert dweller, i.e., principal, and be a means of exposing him to deceit.
Likewise, the Prophet ﷺ forbade Najash (i.e., bidding to raise the price without intention to buy) to deceive others into buying a commodity for a higher price. The wisdom behind the prohibition in this regard is because it involves deceit and trickery of people.
He ﷺ also forbade overriding a sales transaction conducted by one’s fellow Muslim. For instance, one may offer a buyer of a given commodity to sell it to him for a lower price if he cancels the previous sale transaction after concluding it and before leaving the contract session, or during the period of Khiyaar Al-Shart (i.e., the right of one or both or a third party to confirm or cancel a contract within a specified period of time). The same ruling applies to overriding a seller’s salestransaction after its finalization, offering him a higher price for it and urging him to annul the other transaction.
Likewise, the Prophet ﷺ forbade a Muslim from proposing to a woman who is already engaged to his fellow Muslim brother. This may happen when someone proposes to a woman, she proclaims her approval, and they agree on the Mahr (dower), but another man proposes to her before the conclusion of the marriage contract, offering her a bigger Mahr, for instance, or opting for other means to tempt her to accept his proposal.
Afterward, the Prophet ﷺ also forbade a Muslim woman from causing the divorce of her fellow Muslim sister in order to deprive her of what belongs to her. This means that a woman must not urge her husband to divorce her co-wife to (get rid of her,) deprive her of him, and have him all for herself.
The version narrated by Aboo Daawood reads: “…and to marry him. She will have what is decreed for her,” meaning that she must not condition her marriage upon another woman’s divorce. She must not stipulate another woman’s divorce as a condition to her marriage withthis man. Rather, she should marry him (if she wishes) and the decrees of Allah, Exalted is He, for her would inevitably come to pass.
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2142

Narrated Ibn ‘Umar (may Allah be pleased with him):
Allah's Messenger ﷺ forbade Najsh..

2143

‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him):
Allah's Messengerﷺ forbade the sale called Bay‘ Al-Habalh, which was a kind of sale practiced in the Pre- Islamic period of ignorance, whereby a man bought an unborn she-camel which was to be the offspring of an unborn she-camel!
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2150

Narrated Aboo Hurayrah (may Allah be pleased with him)
Allah's Messenger ﷺsaid, "Do not go out to meet the trading caravan (to buy from the traders on the way before they reached the town or marketplace). Do not override someone’s sale transaction by urging buyers to cancel their purchases to sell them (your own goods for lower prices), and do not practice Najsh. A town dweller may not sell the goods on behalf of a desert dweller. Do not leave sheep unmilked for a long time, when they are on sale, and whoever buys such an animal (i.e., being cheated into buying it) has the option of returning it, after milking it, along with a Saa‘ of dates or keeping it (i.e., for the milk).

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Commentary : The Laws of Islam regulates people’s dealings and interactions when conducting sales and business transactions. It has laid down rules and principles clarifying the essential matters to avoid disputes among people, and help them conduct lawful and smooth business transactions that are free of ambiguity, deceit, and Laws of Islam violations.
In this hadeeth, the Prophet ﷺ forbade some of the transactions that result in fraud and deception in sales, and lead to incurring harm on the seller or the buyer. He ﷺ said: “Do not go out to meet the trading caravan (to buy from the traders on the way before they have reached the town or marketplace),” meaning do not go out to meet the trading caravan before traders arrive at the marketplace to sell their goods in different towns and they come to know their prices, because it harms the interests of the buyers, who may buy the goods for lower prices, and may also harm the town people who may have to buy the goods for higher prices.
The hadeeth goes on: “Do not override someone’s sale transaction by urging buyers to cancel their purchases to sell them (your own goods for lower prices),” meaning that someone should not urge a buyer to cancel his transaction during the period of Khiyaar Al-Shart (i.e., the right of one or both participants or a third party to confirm or cancel a contract within a specified period of time) to sell him a better commodity for the same price or a lower price instead. The same ruling applies to urging a seller to cancel the transaction to buy it instead for a higher price.
Likewise, the Prophet ﷺ forbade Najash, meaning bidding to raise the price without intending to buy it, but merely to deceive others into buying it for a higher price.
The hadeeth goes on: “A town dweller may not sell the goods on behalf of a desert dweller,” meaning that a town dweller may not act as a broker or mediator and sell something on behalf of a desert dweller. The same goes for the case when a desert dweller appoints un urban dweller to sell his goods on his behalf.
The Prophet ﷺ added: “Do not leave sheep unmilked for a long time, when they are on sale,” to deceive the buyers into believing that they produce large amounts of milk. The Prophet ﷺ then clarified that if a buyer bought such sheep, and realized after milking them that the seller had tricked and cheated him, he is given the option either to keep the sheep and retain the sale, or return them to the seller, who had deceived him, along with a Saa‘ of dates in return for the milk.
The hadeeth highlights the Prophet’s ﷺkeenness to preserve the best interests of Muslims and his kindness towards them, even with regard to their worldly affairs.
It is also deduced from the hadeeth that a ruler may guide people (to what is lawful and unlawful) with regard to their business and sales transactions.

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2157

Jareer (may Allah be pleased with him) said:
I gave a pledge of allegiance to Allah's Messengerﷺ for to testify that none is worthy of worship but Allah, Exalted is He, and that Muhammad is His Messenger, observe prayer perfectly, pay Zakaah, listen and obey (Allah's and His Prophet's commands), and be sincere with all Muslims.
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Commentary :
The Prophet ﷺ would take the pledge of allegiance from his Companions (may Allah be pleased with them) when they embraced Islam to verify their faith, and teach them the most important duties required of them after being guided to Islam.
In this hadeeth, Jareer ibn ‘Abdullah(may Allah be pleased with him) narrated that he gave the pledge of allegiance and made a covenant with the Messenger of Allah ﷺ to proclaim that none is worthy of worship save Allah, Exalted is He, and that Muhammad ﷺ is the Messenger of Allah. The implication of the two testimonies of faith is that when a servant of Allah proclaims them, he acknowledges Tawheed, i.e., unique Oneness of Allah, Exalted is He, and that He alone is worthy of worship, and also declares his faith in the Prophet Muhammad ibn ‘Abdullahﷺ, confirming such beliefs by his heart, believing in their meanings, and acting upon their implications. These are the testimonies that truly benefit a person in the Hereafter, helping him win Paradise and be delivered from Hellfire.
He (may Allah be pleased with him) also pledged allegiance to the Prophet ﷺ to observe the five obligatory prayers during the day and night, which are: Fajr, Dhuhr, ‘Asr, Maghrib, and ‘Ishaa’, at their respective specified times, while fulfilling their conditions, pillars, and duties. He (may Allah be pleased with him) also pledged allegiance to pay the Zakaah, which is an obligatory financial act of worship that is due on one’s Zakatable wealth that reaches the Nisaab (i.e., a specific amount set by the Laws of Islam) after the passage of a lunar year. In this case, the owner is required to pay 2.5 % of hissurplus wealth. This also applies to the Zakaah payable on the cattle, crops and agricultural produce, trade goods, and Rikaaz (i.e., buried treasures or minerals), each according to the specified Nisaab and time of payment set by the Laws of Islam. Paying the Zakaah to its eligible recipients is rewarded with having one’s wealth blessed and earning abundant rewards in the Hereafter. On the contrary, withholding Zakaah out of stinginess warrants serious consequences in this worldly life and the Hereafter. Zakaah is an act of worship that incorporates the fulfillment of the right Allah, Exalted is He, and the right of His servants; it is a religious obligation and one of the pillars of Islam, and it helps fulfill the needs of the needy and poor.
He (may Allah be pleased with him) also pledged allegiance to the Prophet ﷺ to hear and obey the commands of Allah, Exalted is He, and His Messenger ﷺ, reflected in his compliance with the commands and avoidance of the prohibitions.
He (may Allah be pleased with him) also pledged allegiance to the Prophet ﷺ to be sincere with his fellow Muslims, by striving to benefit them, doing them good, and warding off evil from them by means of sayings and deeds. The fact that the Prophet ﷺ particularly made mention of one’s fellow Muslims in this context is due to it being theprevalent case, otherwise, it is required of Muslims to embody sincerity in their interactions with non-Muslims as well, by inviting them to Islam, and offering them the correct opinion when they seek their advice. Jareer (may Allah be pleased with him) was singled out for pledging sincerity to his fellow Muslims, because he (may Allah be pleased with him) was the leader and chief of his people. He (may Allah be pleased with him) went to the Prophet ﷺ in 10 A.H., embraced Islam, and his people followed in his footsteps. Therefore, the Prophet ﷺ guided him to the importance of embodying sincerity toward his fellow Muslims, because he needed it the most.
It is deduced from the hadith that a Muslim is required to be sincere with his fellow Muslims, by treating them nicely, and avoiding cunning, deceit, cheating and betrayal..

2165

‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him):
Allah's Messengerﷺ said, "You should not try to cancel the purchases of one another (to get a benefit thereof), and do not go ahead to meet the trading caravan (for buying the goods) (but wait) till it reaches the marketplace."
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Commentary :
The Laws of Islam regulates people’s dealings and interactions when conducting business transactions to preserve people’s wealth and serve their best interests by laying down rules and principles that help them avoid potential ambiguity and deceit.
In this hadeeth, ‘AbdullahIbn ‘Umar (may Allah be pleased with him) stated that the Prophet ﷺ forbade some business transactions that incur harm on people and sow seeds of discord, enmity, and hatred. Therefore, the Prophet ﷺ forbade overriding the sales conducted by one’s fellow Muslims. This means that when someone concludes a sales transaction to buy a specific commodity for a certain price, no one should override their transaction by offering the buyer a similar commodity for a lower price. The same applies to the case when someone offers to buy a sold commodity for a higher price, urging the seller to annul the transaction, or to try buying a commodity from the seller after knowing that his fellow Muslim brother wanted to buy it and had already started negotiations with the seller.
Likewise, the Prophet ﷺ also forbade going out to meet with the trading caravans and buying the commodities from the traders before they arrived at the marketplaces, because this incurs harm on the buyer or people (at the marketplace); a seller may buy it for a lower price than what he would sell it in the marketplace, and a trader may buy all the goods of the caravan, monopolize them, and offer them at higher prices in the marketplace, and this would cause harm to people.
The hadeeth highlights the Prophet’sﷺ keenness to preserve the best interests of Muslims and his kindness towards them, even with regard to their worldly affairs.
It is also deduced from the hadeeth that it is forbidden to apply the ways of sale that lead to monopoly and price spikes.
It is also inferred therefrom that a ruler guides people (to what is lawful and unlawful) with regard to their business transactions in the marketplaces..

2166

‘Abdullah(may Allah be pleased with him) said:
We used to go out to meet the trading caravan and used to buy foodstuff from them. The Prophet ﷺforbade us to resell it till it was carried to the marketplace.
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Commentary :
Human beings are infused with an inclination to love what benefits them and do what best serves their personal interests even if it harms others, and therefore, the Laws of Islam provisions were prescribed to restrain the evil-enjoining self.
This hadeeth highlights the Laws of Islam provisions that refine human greed and keep it in check. ‘AbdullahIbn ‘Umar (may Allah be pleased with him) stated that they used to go out to meet with the trading caravans and buy foodstuff from the traders before they arrived at the marketplace, and resell the purchased commodities there before carrying them to the marketplaces. The Prophet ﷺ forbade them from reselling the purchased commodities in the purchase place and commanded them instead to carry the purchased goods to the marketplace and then resell them there.
It has been reported in Saheeh Al-Bukhaaree and Saheeh Muslim that the Prophet ﷺ forbade going out to meet the trading caravans and purchasing the commodities outside the marketplace. To reconcile between these two hadeeths, it could be said that when a sales transaction is conducted, a buyer must not resell the purchased commodity before it is transferred to the marketplace.
The hadeeth highlights the Prophet’sﷺ keenness to preserve the best interests of Muslims and his kindness towards them, even with regard to their worldly affairs.
It is also deduced from the hadeeth that it is forbidden to apply ways of sale that lead to monopoly and price spikes.
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2167

‘Abdullah(may Allah be pleased with them) said: Some people used to buy foodstuff at the head of the marketplace and used to resell it on the spot. Allah's Messenger ﷺ forbade them from reselling it till they brought it to (their) places.
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Commentary :
Islam preserves the interests of the community, as well as the interests of individuals, and also takes into account the interests of people in the worldly life and the Hereafter.
In this hadeeth, ‘Abdullah ibn ‘Umar ibn Al-Khattaab (may Allah be pleased with them) related that the traders during the lifetime of the Prophet ﷺ used to go out to meet the trading caravans and buy foodstuff before they arrived at the marketplace, the place where sales transactionswere commonly conducted. Therefore, the Prophet ﷺ forbade the traders from reselling the purchased foodstuff in the very place where they bought it (i.e., outside the marketplace) and commanded them to take it into their possession first and transfer it to the marketplace, because the aforementioned practice would lead to monopoly and price rises.
It has been reported in Saheeh Al-Bukhaaree and Saheeh Muslim that the Prophet ﷺ forbade going out to meet the trading caravans and purchasing the commodities outside the marketplace. To reconcile between these two hadeeths, it can be said that when a sales transaction is conducted, a buyer must not resell it before it is transferred to the marketplace.
The hadeeth highlights the Prophet’s ﷺkeenness to preserve the best interests of Muslims and his kindness towards them, even with regard to their worldly affairs.
It is also deduced from the hadeeth that a ruler guides people (to what is lawful and unlawful) with regard to their business transactions in the marketplaces..

2175

Narrated Aboo Bakrah (may Allah be pleased with him):
Allah's Messengerﷺ said, "Do not sell gold for gold unless equal in weight, nor silver for silver unless equal in weight, but you could sell gold for silver or silver for gold as you like."
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Commentary :
Allah, Exalted is He, has deemed buying and selling lawful for His Muslim servants, but deemed Ribaa (i.e., interest, usury) unlawful. He Says (what means): {… they said, ”rade is [just] like Ribaa." But Allah has permitted trade and has forbidden Ribaa (interest).} [Quran 2:275].
In this hadeeth, the Prophet ﷺ forbids forms of Ribaa involved in the sale of gold and silver, and teaches Muslims the lawful ways of buying and selling gold and silver, to avoid falling into what is unlawful. He ﷺ said: “Do not sell gold for gold unless equal in weight, nor silver for silver unless equal in weight”, meaning that gold may be sold for gold if the exchanged items are equal in weight, and the same goes for silver.
By analogy, the same ruling applies to all sales transactions in which the exchanged commodities share the same ‘Illah (i.e., the underlying legal reason that necessitates the effective cause of the ruling, which then leads to its enactment), which is being used as currency (i.e., Thamaniyyah) in the case of gold and silver. Likewise, the ruling applies to whatever is being used as currency, like paper money, and is subject to Ribaa in such sale transactions as well.
Another requirement is Taqaabudh (i.e., immediate exchange and reciprocal taking possession of the purchased commodity and its monetary equivalent by the buyer and seller respectively in the contracting session). The immediate exchange of the two items in the contracting session is required, and it is impermissible to delay the submission of any of them, given the relevant hadeeths. It was reported in Saheeh Al-Bukhaaree and Saheeh Muslim that the Prophet ﷺ said: “A barter of gold for gold is Ribaa except if they are exchanged hand to hand (i.e., on the spot) and are equal in amount.” This means that the two parties must exchange the two commodities on the spot before leaving the contracting session.
However, in the event of a barter of different commodities, like selling gold for silver for example, there may be a difference in weight. The Prophet ﷺ said: “…but you could sell gold for silver or silver for gold as you like,” meaning that there is no harm if the exchanged commodities differ in weight in this case, provided that they are exchanged hand to hand in the contracting session; the Prophet ﷺ said: “If the exchanged commodities differ in kind, sell as you wish as long as payment is made hand to hand on the spot.” [Muslim].
It was also narrated that the Prophet ﷺ said: “… and do not sell that (gold or silver) which is not present (at the time of the transaction) for that (gold or silver) which is present.” [Al-Bukhaaree]. This is to avoid falling into Ribaa Al-Nasee’ah, which is an increase in the loan or due amount in return for a delay in payment.
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2177

Aboo Sa’eed Al-Khudree(may Allah be pleased with him) narrated:
Allah's Messengerﷺ said, "Do not sell gold for gold unless (the two exchanged commodities are) equal in weight, and do not sell less amount for greater amount or vice versa; and do not sell silver for silver unless (the two exchanged commodities are) equal in weight, and do not sell less amount for greater amount or vice versa and do not sell gold or silver that is not present at the moment of exchange for gold or silver that is present.”
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Commentary : Allah, Exalted is He, has deemed buying and selling lawful for His Muslim servants, but deemed Ribaa (i.e., interest, usury) unlawful. He Says (what means): {…they said, “Trade is [just] like Ribaa." But Allah has permitted trade and has forbidden Ribaa.} [Quran 2:275].
In this hadeeth, the Prophet ﷺ forbids forms of Ribaa involved in the sale of gold and silver, and teaches the lawful ways of buying and selling gold and silver, to avoid falling into what is unlawful. He ﷺ said: “Do not sell gold for gold unless equal in weight,” meaning that the two exchanged commodities must be equal in weight; twenty grams of gold may not be sold for thirty grams of gold for example, and such increase is labelled as Ribaa. The same goes for silver and paper money (i.e., currency exchange).
Afterward, the Prophet ﷺ said: “… do not sell gold or silver that is not present at the moment of exchange for gold or silver that is present,” meaning do not sell gold or silver to be delivered at a deferred time for an immediate payment (of gold or silver) made at the contracting session.
By analogy, the same ruling applies to all sale transactions in which the exchanged commodities share the same ‘Illah (i.e., underlying legal reason that necessitates the effective cause of the ruling which then leads to its enactment), which is being used as currency (i.e., Thamaniyyah) in case of the gold and silver. Likewise, the ruling applies to whatever is being used as currency, like paper money, and is subject to Ribaa in such sale transactions.
There are two conditions stipulated for the validity of the sale (exchange) of similar commodities: being equal in weight, and immediate hand-to-hand exchange in the contracting session. If the exchanged commodities are dissimilar, e.g., gold for silver or the other way round, but the ‘Illah is the same, i.e., being used as currency, the requirement of being equal in weight is no longer stipulated, yet the immediate hand-to-hand exchange in the contracting session is required. The Prophet ﷺ said: “…if the exchanged commodities of a barter are dissimilar, sell as you wish as long as they are exchanged hand to hand (i.e., on the spot).” [Muslim].
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2178

Aboo Saalih Al-Zaiyaat narrated:
I heard Aboo Sa’eed Al-Khudree(may Allah be pleased with him) saying, "The selling of a Dinar for a Dinar, and a Dirham for a Dirham (is permissible)." I said to him, "Ibn ‘Abbaas (may Allah be pleased with them) does not say the same!" Aboo Sa’eed(may Allah be pleased with him) replied, "I asked Ibn ‘Abbaas (may Allah be pleased with them) whether he had heard it from the Prophet ﷺ or seen it in the Quran and he replied, "I do not claim that, and you know Allah's Messenger ﷺ better than I, but Usaamah (may Allah be pleased with him) informed me that the Prophet ﷺ had said, 'There is no Riba (in money exchange) except when it is not done hand to hand (i.e., in the event of a deferred payment).'”
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Commentary :
The Companions (may Allah be pleased with them)sometimes held different opinions regarding certain issues, but they abided by the due Islamic etiquette of disagreement that the Prophet ﷺ taught them, complied with the correct opinion supported by authentic evidence, and gladly gave up their personal opinions and adhered to the truth whenever it was verified.
In this Hadeeth, the Taabi’ee (a Muslim who saw at least one of the Companions) Aboo Saalih Dhakwaan Al-Zayyaat stated that he heard Aboo Sa’eed Al-Khudree(may Allah be pleased with him) declaring Ribaa Al-Fadhl (i.e., exchange or sales transactions in trade which effectively result in the charging of ‘interest’ through the exchange of the same commodity, but of a different quality or quantity) when trading in Dinar and Dirham. He (may Allah be pleased with him) said: "The selling of a Dinar for a Dinar, and a Dirham for a Dirham (is permissible)." This means that it is impermissible to sell one Dinar for more than one Dinar (of gold) of equal weight and value, and similarly it is impermissible to sell one Dirham (of silver) for more than one Dirham of equal weight and value. In the event of a barter of gold or silver, the exchanged commodities must be equal in weight and value, and such excess is Ribaa.
Ribaa Al-Fadhl means the sale of currency for currency or food for food which effectively results in the charging of ‘interest’ through the exchange of similar commodities, but of a different quality or quantity, and it is prohibited. The Laws of Islam stipulated its prohibition in six categories of commodity; this hadeeth made mention of two of them, namely, gold and silver, and the six categories were defined in a different hadeeth recorded in Saheeh Muslim. The Prophet ﷺ said: “Gold may be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, salt by salt, like by like, provided that the payment is made hand to hand. If these classes differ (i.e., the exchange of dissimilar commodities), sell as you wish as long as the payment is made on the spot.”
By analogy, the same ruling applies to all commodities that share the same ‘Illah (i.e., underlying legal reason that necessitates the effective cause of the ruling which then leads to its enactment), which is being used as currency (i.e., Thamaniyyah) in case of the gold and silver, and being weighted or measured and a type of food in case of the other four categories.
The Taabi’ee (a Muslim who saw at least one of the Companions) Aboo Saalih Dhakwaan Al-Zayyaat said to him that Ibn ‘Abbaas (may Allah be pleased with them) did not declare that unlawful. He (may Allah be pleased with him) held that the exchanged commodities need not be equal in weight and value, and that it is permissible to sell one Dirham for two Dirhams. Thereupon, Aboo Sa’eed(may Allah be pleased with him) replied that he had asked Ibn ‘Abbaas (may Allah be pleased with them) whether or not he had heard it directly from the Prophet ﷺ or deduced it from the Quran. Ibn ‘Abbaas (may Allah be pleased with him) clarified that he had not heard it from the Prophet ﷺ nor did he inferit from the Quran, and said, "I do not claim that, and you know Allah's Messenger ﷺ better than I,” meaning that he (may Allah be pleased with him) was younger than the rest of the Companions (may Allah be pleased with them).Otherwise the correct criterion is narrating more hadeeths of the Prophet ﷺ, and Narrated Ibn ‘Abbaas (may Allah be pleased with him) more hadeeths and acquired knowledge of more Fiqh issues (Islamic jurisprudence) than many other Companions (may Allah be pleased with them).
Afterward, Ibn ‘Abbaas (may Allah be pleased with them) underlined the wisdom behind holding this view, stating that he had heard it from Usaamah ibn Zayd (may Allah be pleased with them), who informed him that the Prophet ﷺ said: “There is no Ribaa except in Al-Nasee’ah (i.e., on credit).” Thereupon, he (may Allah be pleased with him) understood that anything else is essentially permissible.
Ribaa Al-Nasee'ah means an increase in the loan or due amount in return for a delay in payment, and it was practiced in the pre-Islamic period of ignorance. It has also been said that the meaning of his saying, “There is no Ribaa except in Al-Nasee’ah,” is that it is the worst kind of Ribaa, or that ruling may be abrogated. It was reported that Ibn ‘Abbaas (may Allah be pleased with them) retreated from his opinion in this regard.
It is deduced from the hadeeth that a Muslim should offer sincere advice to anyone who makes a mistake, even if he is a pious and knowledgeable person.
It is also inferred from the hadeeth that it is conceivable that an individual Companion (may Allah be pleased with him) may commit a mistake.
It is also deduced therefrom that a scholar may engage in a debate with another scholar, ask him to explain his saying, and convince him to abide by the unanimous opinion of the scholars on the matter.
It is inferred that a younger scholar should acknowledge the knowledge of those endowed with more knowledge.
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2180

Aboo Al-Minhaal narrated:
I asked Al-Baraa’ ibn ‘Aazib and Zayd ibn Arqam about money exchange (i.e., currency exchange). Each of them said about the other, "He is better (i.e., more knowledgeable) than I," and both of them said, "Allah's Messenger ﷺ forbade the selling of silver for gold on credit. "
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2183

‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him):
Allah's Messenger ﷺsaid, "Do not sell date fruits until they become free of all the dangers of being spoilt or blighted; and do not sell fresh dates for dry ones." Narrated Saalim and ‘Abdullah on the authority of Zayd ibn Thaabit: “Later on Allah's Messengerﷺ permitted the selling of ripe date fruits on trees for fresh dates or dried dates in Bay‘ Al-‘Ariyah (i.e., a sale deal of fruit-on-the trees, usually dates, in which some trees in the garden are not part of the sale deal but are sold by the owner to a poor person who can exchange fresh fruits of these trees for dry dates, for his household consumption and not for resale, and this type of deal is an exception to the general law of sale which prohibits exchange of fresh fruits for dry ones), and did not allow it for any other kind of sale."
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Commentary :
Preventing cheating in sales and avoiding potential disputes between the sellers and the buyers are among the objectives of the Laws of Islam. Therefore, the Prophet ﷺ forbade some sales that could lead to cheating and deception, or cause potential disputes between the buyers and sellers.
In this hadeeth, the Prophet ﷺ forbade selling only the unpicked fruits or dates (rather than the fruits and trees altogether) before they appear fully ripe and ready for consumption, by becomingred or yellow or showing any other sign of ripeness. This is because when the fruits ripen, they become safe from potential loss or defects due to pests that may destroy or reduce the yield. In fact, the prohibition of such a sales transaction serves the best interests of both the buyer and seller. It benefits a seller, because the price paid for the unripe fruits is lower; he could sell them for a higher price if he waits until they are fully ripe. Therefore, hastening to sell the unripe crops may cause him to miss out on obtaining more earnings,by his hastening to make small profits (rather than waiting to make big ones), which implies a waste of wealth. Moreover, the unripe fruits may go bad and spoil before they ripen, and thus a seller would have unlawfully devoured the wealth of his Muslim brother. It also benefits the buyer, because when he buys the unripe fruits, he may lose his money if the quality of the purchased fruits turns out to be less than what was expected, and thus he would be risking the loss of his money. In addition, there is another benefit accruing to both parties, for the prohibition of this sale eliminates potential disputes and discord that may be caused between them were the sold fruits to go bad and spoil.
The Prophet ﷺ also forbade the Muzaabanah sale, a transaction in which the owner of fruit trees or palm trees agrees to sell his fruit for an estimated equivalent measure of dried fruits, such as palm fruit for dates or grapes for raisins.
Zayd bin Thaabit (may Allah be pleased with him) reported that the Prophet ﷺ had later deemed allowable one form of this sale, namely, Bay‘ Al-‘Ariyyah (i.e., a sale of unpicked and unripe fruits, usually dates, for an estimated amount of picked and ripe fruits on the ground based on dry measurement), and had not deemed any other form of such sales allowable. Bay‘ Al-‘Ariyyah is a sale whereby the owner of an orchard grants a poor person, who has no palm trees of his own nor cash to buy fresh dates for his household consumption, the (fresh) dates of his palm tree in return for a payment of surplus dry dates. This poor person and the owner makea barter of the fresh dates of one or two palm trees for instance, for an estimated measure of the poor person’s surplus date fruits he had left, to avail himself of fresh dates like those who could afford buying them. The Prophet ﷺ gave a legal concession to conduct the sale of ‘Aaraiyah for an estimated weight of dry dates, provided that they were less than five Wasaqs, as narrated on the authority of Aboo Hurayrah (may Allah be pleased with him) in Saheeh Al-Bukhaaree and Saheeh Muslim, and the Wasaq equaled 60 Saa‘s..

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

| Hadiths

Narrated Ibn ‘Umar (may Allah be pleased with him):
I saw the people buy foodstuff randomly without measuring it during the lifetime of Allah's Messenger ﷺ and they were punished (by beating), if they tried to resell it before carrying it to their own houses..

Narrated Ibn ‘Umar (may Allah be pleased with him):
Allah's Messenger ﷺ forbade Najsh..

‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him):
Allah's Messengerﷺ forbade the sale called Bay‘ Al-Habalh, which was a kind of sale practiced in the Pre- Islamic period of ignorance, whereby a man bought an unborn she-camel which was to be the offspring of an unborn she-camel!
.

‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him):
Allah's Messengerﷺ said, "You should not try to cancel the purchases of one another (to get a benefit thereof), and do not go ahead to meet the trading caravan (for buying the goods) (but wait) till it reaches the marketplace."
.

‘Abdullah(may Allah be pleased with him) said:
We used to go out to meet the trading caravan and used to buy foodstuff from them. The Prophet ﷺforbade us to resell it till it was carried to the marketplace.
.

‘Abdullah(may Allah be pleased with them) said: Some people used to buy foodstuff at the head of the marketplace and used to resell it on the spot. Allah's Messenger ﷺ forbade them from reselling it till they brought it to (their) places.
.

Narrated Aboo Bakrah (may Allah be pleased with him):
Allah's Messengerﷺ said, "Do not sell gold for gold unless equal in weight, nor silver for silver unless equal in weight, but you could sell gold for silver or silver for gold as you like."
.

‘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..

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)..

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..

Book of Hadith

| Hadiths

Narrated Ibn ‘Umar (may Allah be pleased with him): I saw the people buy foodstuff randomly without measuring it during the lifetime of Allah's Messenger ﷺ and they were punished (by beating), if they tried to resell it before carrying it to their own houses..

Narrated Ibn ‘Umar (may Allah be pleased with him): Allah's Messenger ﷺ forbade Najsh..

‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him): Allah's Messengerﷺ said, "You should not try to cancel the purchases of one another (to get a benefit thereof), and do not go ahead to meet the trading caravan (for buying the goods) (but wait) till it reaches the marketplace." .

‘Abdullah(may Allah be pleased with him) said: We used to go out to meet the trading caravan and used to buy foodstuff from them. The Prophet ﷺforbade us to resell it till it was carried to the marketplace. .

‘Abdullah(may Allah be pleased with them) said: Some people used to buy foodstuff at the head of the marketplace and used to resell it on the spot. Allah's Messenger ﷺ forbade them from reselling it till they brought it to (their) places. .

Narrated Aboo Bakrah (may Allah be pleased with him): Allah's Messengerﷺ said, "Do not sell gold for gold unless equal in weight, nor silver for silver unless equal in weight, but you could sell gold for silver or silver for gold as you like." .

‘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..

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)..

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..

Narrated Ibn ‘Umar (may Allah be pleased with him):
I saw the people buy foodstuff randomly without measuring it during the lifetime of Allah's Messenger ﷺ and they were punished (by beating), if they tried to resell it before carrying it to their own houses..

Narrated Ibn ‘Umar (may Allah be pleased with him):
Allah's Messenger ﷺ forbade Najsh..

‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him):
Allah's Messengerﷺ said, "You should not try to cancel the purchases of one another (to get a benefit thereof), and do not go ahead to meet the trading caravan (for buying the goods) (but wait) till it reaches the marketplace."
.

‘Abdullah(may Allah be pleased with him) said:
We used to go out to meet the trading caravan and used to buy foodstuff from them. The Prophet ﷺforbade us to resell it till it was carried to the marketplace.
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‘Abdullah(may Allah be pleased with them) said: Some people used to buy foodstuff at the head of the marketplace and used to resell it on the spot. Allah's Messenger ﷺ forbade them from reselling it till they brought it to (their) places.
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Narrated Aboo Bakrah (may Allah be pleased with him):
Allah's Messengerﷺ said, "Do not sell gold for gold unless equal in weight, nor silver for silver unless equal in weight, but you could sell gold for silver or silver for gold as you like."
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