‘Aamir narrated:
I heard Al-Nu‘maan ibn Basheer (may Allah be pleased with him) on the pulpit saying, "My father gave me a gift but ‘Amrah bint Rawaahah (my mother) said that she would not agree to it unless he made Allah's Messengerﷺ as a witness to it. So, my father went to Allah's Messengerﷺ and said, 'I have given a gift to my son from ‘Amrah bint Rawaahah, but she ordered me to make you as a witness to it, O Allah's Messengerﷺ!' Allah's Messenger ﷺ asked, 'Have you given (the like of it) to everyone of your children?' He replied in the negative. Allah's Messengerﷺ said, ‘Fear Allah, and be just to all your children (i.e., treat them all on an equal footing).' My father then returned and took back his gift."
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Commentary :
Every guardian is enjoined to be fair and treat those under his care on an equal footing. A father is a guardian and he is responsible for those under his care, i.e., his wife and children, and establishing the enjoined equality between them entails that he should not favor any of his children over the others in terms of gift-giving, giving some and denying the others.
In this hadeeth, Al-Nu‘maan ibn Basheer Al-Ansaaree (may Allah be pleased with him) related that his father Basheer gave him a gift, which was a male servant. His mother Umm Al-Nu‘maan had asked his father for that servant, as recorded in Saheeh Al-Bukhaaree and Saheeh Muslim. ‘Amrah bint Rawaahah, his mother, (may Allah be pleased with her) said to her husband that she would not agree to such a gift unless he made Allah's Messengerﷺ as a witness to it, aiming to make it binding. So, Basheer (may Allah be pleased with him) went to Allah's Messengerﷺ and related to him the matter and that his wife ordered him to make the Prophet ﷺ as a witness to it. He ﷺ asked him, “Have you given (the like of it) to everyone of your children?” He (may Allah be pleased with him) replied in the negative. Allah's Messengerﷺ said, 'Fear Allah, and be just to all your children (i.e., treat them all on an equal footing).' The aim of such a command was to foster mutual accord and affection between siblings, eliminating the causes of discord and hatred, and helping them show the enjoined dutifulness towards their father. Basheer (may Allah be pleased with him) obeyed the Prophet’s ﷺcommand, returned, and took back his gift to establish equality between all his children.
The hadeeth urges parents to establish equality between children in terms of gift-giving.
.

2590

Asmaa’ (may Allah be pleased with her) narrated:
Once I said, "O Allah's Messengerﷺ! I have no property except what has been given to me by Al-Zubayr (i.e., her husband). May I give in charity therefrom?" The Prophet ﷺ said, "Give in charity and do not withhold it; otherwise Allah, Exalted is He, will withhold it back from you . "
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Commentary : A wife is entrusted with her husband’s wealth and she shall be held accountable by Allah, Exalted is He, for it. It is incumbent on her to preserve his wealth, take care of it, take from it what she needs only (without excess or waste), and spend from it reasonably.
In this hadeeth Asmaa’ bint Aboo Bakr Al-Siddeeq (may Allah be pleased with them) relates that she once said to the Prophet ﷺ, "O Allah's Messengerﷺ! I have no property except what has been given to me by Al-Zubayr ibn Al-‘Awwaam (i.e., her husband),” meaning he gave her to spend therefrom on the household needs. She (may Allah be pleased with her) added: “May I give in charity therefrom?" The Prophet ﷺ said, "Give in charity and do not withhold it; otherwise Allah, Exalted is He, will withhold it back from you.” The Prophet’s ﷺstatement means, ‘Do not withhold wealth, but rather spend in charity, for withholding wealth may be a cause for being deprived of having it blessed and increased by Allah, Exalted is He. Another version of the hadeeth recorded by Al-Bukhaaree and Muslim reads: “Spend according to your means,” meaning spend therefrom reasonably as long as you afford it, even if you can only give very little in charity, and do not hoard wealth and refrain from spending in charity, fearing that your wealth might be exhausted, lest you would be deprived of a blessed Rizq (i.e., provisions).
The Prophet ﷺ may have commanded her to do so and did not ask her to seek her husband’s permission because he ﷺ knew of the leniency of Al-Zubayr (may Allah be pleased with him) for which he was known. It is allowable for a wife to spend reasonably from her husband’s wealth (without his knowledge) as long as she knows that he would approve of such disposal of his wealth, that he would not dislike such an act, that she habitually does so and he approves of it, or when she spends in charity small amounts that do not affect the affordability of supporting their dependents, and she would not exceed the proper limits nor aim to waste his wealth. It was narrated on the authority of ‘Aa’ishah (may Allah be pleased with her) that the Prophet ﷺ said: “When a woman gives some of the food in her house (in charity without her husband’s prior knowledge), not wasting it, she will have her reward for what she has given and her husband will have his for what he earned. The same applies to a storekeeper; in no respect does the one diminishe the reward of the other.” [Al-Bukhaaree and Muslim].
It is deduced from the hadeeth that spending in charity is a reason for having one’s wealth blessed and increased, and that generosity begets abundant Rizq (i.e., provisions).
It is also inferred therefrom that stinginess and withholding from giving (charity), especially the obligatory Zakaah, incurs the loss and ruin of wealth.
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2592

Kurayb, the free slave of Ibn ‘Abbaas (may Allah be pleased with them), narrated that Maymoonah bint Al-Haarith (may Allah be pleased with her) told him that she manumitted a slave-girl without taking the permission of the Prophet ﷺ. On the day when it was her turn to be with the Prophet ﷺ, she said, "Do you know, O Allah's Messengerﷺ, that I have manumitted my slave-girl?" He ﷺ said, "Have you really?" She (may Allah be pleased with her) replied in the affirmative. He ﷺ said, "You would have got more reward if you had given her (i.e., the slave-girl) to one of your maternal uncles."
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Commentary :
Spending in charity is one of the best acts of righteousness, and there are numerous channels of giving and spending in charity.Some should be given precedence over the others depending on the situation and circumstances. Charity offered to one’s relatives is better and more rewardable.
In this hadeeth, the Mother of the Believers Maymoonah (may Allah be pleased with her) related that she manumitted a slave-girl without taking the permission of the Prophet ﷺ. She (may Allah be pleased with her) owned this slave-girl, and being a sane adult, her disposal of her own property is valid as per the laws of Islam with no need for her husband’s prior consent. On the other hand, she (may Allah be pleased with her) had known that the Prophet ﷺ would not disapprove of her disposal, and that he ﷺ would even like such act, which did not constitute a violation of the proper conduct of a woman towards her husband in Islam.
On the day when it was her turn to spend the night with the Prophet ﷺ, she said, "Do you know, O Allah's Messengerﷺ,that I have manumitted my slave-girl?" He ﷺ said, "Have you really?" She (may Allah be pleased with her) replied in the affirmative. He ﷺ said, "You would have got more reward if you had given her (i.e., the slave-girl) to one of your maternal uncles,” meaning that it would have been better and more rewardable to give this slave-girl to her maternal uncles to serve them, since they needed a servant, than manumitting her. Her maternal relatives belonged to Banee Hilaal and her mother’s name was Hind bint ‘Awf ibn Zuhayr Al-Haarith (may Allah be pleased with them).
The hadeeth urges Muslims to uphold ties of kinship, and underlines the abundant reward designated for such a worshipful act..

2606

Narrated Aboo Hurayrah (may Allah be pleased with him)
Allah's Messengerﷺ owed a man some debt (and that man demanded it very harshly). The Companions (may Allah be pleased with them) wanted to harm him, but the Prophet ﷺ said to them, "Leave him (unharmed); one who has a right is entitled to speak (i.e., claim his right)." He ﷺ then added, "Buy (a camel) of the same age and give it to him." They (may Allah be pleased with them) said, "We cannot get except a camel of an older age than that of his." He ﷺ said, "Buy it and give it to him, as the best amongst you is he who pays back his debt in the most handsome way.”
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Commentary :
The Prophet ﷺ was a merciful teacher, a gentle educator, and a kind mentor. Whenever he ﷺ witnessed someone’s mistake, he ﷺ would not harshly reprimand, rebuke, or alienate the doer, and whenever he ﷺ witnessed something right, he ﷺ would praise and laud it, and reward the doer handsomely.
In this hadeeth, It was narrated on the authority of Aboo Hurayrah (may Allah be pleased with him) that Allah's Messengerﷺ owed a man some debt (and that man demanded it very harshly). The creditor was discourteous and impolite in demanding the repayment of the debt, as reported in the version of the hadeeth recorded in Saheeh Al-Bukhaaree and Saheeh Muslim. The Companions (may Allah be pleased with them) wanted to harm him verbally or physically, but they refrained from doing so out of politeness towards the Prophet ﷺ, and he said to them, "Leave him (unharmed);” and this mirrored the Prophet’s ﷺgood moral character, kindness, and endurance of people’s harshness despite his ability to retaliate against him, “the one who has a right is entitled to speak (i.e., claim his right)." This means that Allah, Exalted is He, deems it allowable for a person to claim his rights, be he a creditor, landlord, or worker, provided that he does not infringe upon people’s rights. The unpaid debt was a camel. The Prophet ﷺ then added, "Buy (a camel) of the same age and give it to him." The Companions (may Allah be pleased with them) could not get except an older, better, and more valuable camel than that of the man. The Prophet ﷺ commanded them to give it to him to repay the debt handsomely. He ﷺ explained the reason for giving him an older, better, and more valuable camel by saying, "the best amongst you is he who pays back his debt in the most handsome way.”
This means that the best of people is the one who is the kindest to others, and fulfills people’s rights, by the repayment of debts or other rights.
It is deduced from the hadeeth that one may delegate another person to repay his debts.
It is also inferred therefrom that one may loan an animal to someone.
It also deduced that whoever owes a debt or is liable to any other financial rights, should repay the debts or fulfill them handsomely.
It is also inferred that a debtor should endure the harshness of a creditor when claiming his rights..

2613

Narrated Ibn ‘Umar (may Allah be pleased with him):
Once the Prophet ﷺ went to the house of Faatimah (may Allah be pleased with her) but did not enter it. ‘Alee (may Allah be pleased with him) came and she told him about that. When ‘Alee asked the Prophet ﷺ about it, he ﷺ said, "I saw a (multicolored) decorated curtain on her door. I am not interested in worldly pleasures." ‘Alee went to Faatimah (may Allah be pleased with them) and told her about it. Faatimah said, "I am ready to dispense with it in the way he ﷺ suggests." The Prophet ﷺ ordered her to send it to such-and-such needy people.
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Commentary : The Prophet ﷺ was led the most ascetic life and renounced the worldly pleasures, because he ﷺ knew well the essence and true nature of the fleeting worldly life. This worldly life is a short-lived phase during which a Muslim should perform as many worshipful acts and good deeds as possible, to taste eternal bliss in Paradise. The Prophet ﷺ keenly instilled these meanings within the hearts and minds of his family and Companions (may Allah be pleased with them).
In this hadeeth, ‘Abadullaah Narrated Ibn ‘Umar (may Allah be pleased with him) that the Prophet ﷺ went once to the house of Faatimah (may Allah be pleased with her) but did not enter it. ‘Alee (may Allah be pleased with him) came and found her concerned and distressed. He (may Allah be pleased with him) asked her about it and she (may Allah be pleased with her) told him of what the Prophet ﷺ did. When ‘Alee asked the Prophet ﷺ about it, he ﷺ informed him of the reason for not entering their house: that they had a (multicolored) decorated curtain on the door. The Prophet ﷺ disliked the use of such a curtain merely because it contradicts the lauded asceticism; it is neither unlawful nor disliked to use curtains on the doors as per the laws of Islam. However, the Prophet ﷺ merely disliked it because it was multicolored and decorated, i.e., luxurious, and he ﷺ renounced such worldly pleasures. He ﷺ remarked: “I am not interested in worldly pleasures," meaning that he ﷺ did not like or pursue such worldly luxuries. He ﷺ only sought after the Hereafter, and disliked for his own beloved daughter what he ﷺ disliked for himself, namely, enjoying such luxuries and pleasures in the worldly life.
‘Alee went to Faatimah (may Allah be pleased with them) and told her about it. Faatimah (may Allah be pleased with her) said, "I am ready to dispense with it in the way he ﷺ suggests." The Prophet ﷺ ordered her to send it to such-and-such needy people, to use it or avail themselves of its price.
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2614

‘Alee (may Allah be pleased with him) narrated:
The Prophet ﷺ gave me a silken dress as a gift and I wore it. When I saw the signs of anger on his face, I cut it into pieces and distributed it among my womenfolk.”
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Commentary : Islamic teaching regarding dress code and adornment is clearly defined in the Book of Allah, Exalted is He, and the Sunnah of His Prophet ﷺ. The Islamic Laws of Islam has set general guidelines that must be taken into account regarding men’s and women’s clothing.
In this hadeeth, ‘Alee ibn Aboo Taalib (may Allah be pleased with him) narrated that the Prophet ﷺgave him a silken garment as a gift. The Arabic word used in the hadeeth is Hullah, which was a suit of two garments (woven with silk stripes). The Prophet ﷺ had forbidden men from wearing silk. When he ﷺ saw ‘Alee (may Allah be pleased with him) wearing it, anger was written all over his face! When he (may Allah be pleased with him) saw the signs of anger on his face, he cut it into pieces and distributed it among his womenfolk, because he (may Allah be pleased with him) did not take another wife besides Faatimah (may Allah be pleased with her) during the lifetime of the Prophet ﷺ.
This was further clarified by the version recorded in Saheeh Muslim reading: “Divide it among the Faatimahs (i.e., your womenfolk) to make head covers,” meaning Faatimah, the daughter of the Prophet ﷺ, Faatimah bint Asad, the mother of ‘Alee ibn Aboo Taalib, and Faatimah bint Hamzah ibn ‘Abd Al-Muttalib (may Allah be pleased with them).
It is inferred from the hadeeth that it is allowable to give gifts from one’s property even if it is prohibited or disliked to wear such a gift, because the owner is entitled to dispose of it by means of sale or gift to whomever he wishes from those who are allowed to wear or use it, like women and young boys in this case.
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2615

Narrated Anas (may Allah be pleased with him):
A Jubbah (i.e., cloak) made of thick silken cloth was presented to the Prophet ﷺ, and he used to forbid people to wear silk. So, people were pleased to see it. The Prophet ﷺsaid, "By Him in Whose Hands Muhammad's soul is, the handkerchiefs of Sa‘d ibn Mu‘aadh in Paradise are better than this." Anas (may Allah be pleased with him) added, "The present was sent to the Prophet ﷺ by Ukaydir (a Christian) from Dawmah..

Commentary : The Prophet ﷺ led the most ascetic life and was the keenest in renouncing worldly pleasures, and he ﷺ used to instill these values within his Companions (may Allah be pleased with him), ensuring that their hearts were fixated on and attached to the Hereafter and the eternal bliss prepared by Allah, Exalted is He, for them in Paradise.
In this hadeeth, Narrated Anas (may Allah be pleased with him) that Ukaydir (a Christian Arab ruler) of Dawmah Al-Jandal, a town near Tabook, northern Saudi Arabia, gifted the Prophet ﷺ a Jubbah. This ruler was seized by Khaalid ibn Al-Waleed (may Allah be pleased with him) when he was sent by the Prophet ﷺto Tabook in 9 A.H. He (may Allah be pleased with him) killed this Christian ruler’s brother and took him prisoner. The Prophet ﷺ released him on the condition of paying the Jizyah (i.e., head tax on non-Muslim citizens living under the protection of Muslim rule). This ruler gifted the Prophet ﷺ a Jubbah (i.e., cloak) made of thick silken cloth, and it captured the admiration of people. The Prophet ﷺ used to forbid people to wear silk. Since people were pleased to see it, the Prophet ﷺsaid, "By Him in Whose Hands Muhammad's soul is,” a wording that was often used by the Prophet ﷺ when making an oath, “the handkerchiefs of Sa‘d ibn Mu‘aadh in Paradise are better than this." This is a reference to Sa‘d’s least valuable possessions in Paradise, because handkerchiefs – used to clean the hands and remove impurities - are the least possessions a person will be given therein. The least valuable possessions of Sa‘d in Paradise shall be better than this silken Jubbah that they admired much, because the bliss in Paradise will be like what no eyes have ever seen, no ears have ever heard of, and which has never crossed your hearts or minds. Allah, Exalted is He, Says (what means): {And no soul knows what has been hidden for them of comfort for eyes as reward for what they used to do.} [Quran 32:17].
The hadeeth highlights the virtues of Sa‘d ibn Mu‘aadh (may Allah be pleased with him) and proves that he shall be admitted to Paradise.
It is also deduced from the hadeeth that the Prophet ﷺ used to accept gifts from non-Muslims..

2617

Narrated Anas ibn Maalik (may Allah be pleased with him):
A Jewess brought a poisoned (cooked) sheep for the Prophet ﷺwho ate from it. She was brought to the Prophet ﷺ and he was asked, "Shall we kill her?" He ﷺ said, "No." I continued to see the effect of the poison on the palate of the mouth of Allah's Messengerﷺ.
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Commentary :
The Prophet ﷺ was the humblest of all people, and a manifestation of his good moral character was that he ﷺ accepted the gifts offered to him from anyone, even small gifts and even if the gift-giver was a non-Muslim, to win his heart and encourage him to embrace Islam. The Jews took advantage of that when they knew of his graciousness, and tried to kill him by serving him poisonous food.
In this hadeeth, Anas ibn Maalik (may Allah be pleased with him) stated that a Jewish woman, named Zaynab bint Al-Haarith, who was married to Salaam ibn Mishkam, gifted the Messenger of Allah ﷺ a poisoned sheep after the battle of Khyber. She cooked the meat for the Prophet ﷺ and put poison in it. The Prophet ﷺ ate from it, but Allah, Exalted is He, protected him from the immediate effects of the poison and he ﷺ did not die. However, the effect of the poison remained in his body. Anas (may Allah be pleased with him) said: “Icontinued to see the effect of the poison on the palate of the mouth of Allah's Messenger ﷺ.” It seems that the effect of the poison remained visible, in that some black marks or the like could be seen on palate of the mouth of Allah's Messenger ﷺ. This woman was brought to the Prophet ﷺ. The version of the hadeeth recorded in Saheeh Muslim reads: “(When the effects of this poison were felt by him) she was brought to the Prophet ﷺ and he asked her about that, whereupon she said: “I had determined to kill you.” Thereupon he ﷺ said: ‘Allah will never give you the power to do it.’ (It is possible that this was ‘Alee’s statement).”
The Companions (may Allah be pleased with him) asked the Messenger of Allah ﷺ permission to kill her, but he ﷺ refused to have her killed on the spot. This is why he ﷺ forbade them from killing her. However, it was authentically reported that she was killed as narrated in Sunan Aboo Daawood. The Prophet ﷺ killed her, or gave her to the guardians of the blood (i.e., ‘Asabah, or blood male relatives from the father's side) of Bishr ibn Al-Baraa’ ibn Ma’roor, who had eaten from it and died; his guardians had the woman killed in Qisaas (i.e., retribution). To reconcile between the two versions of the hadeeth, it could be said that the Prophet ﷺ did not kill her upon knowing of the poison she put in the sheep and refused the companions’ request to kill her, but when Bishr ibn Al-Baraa’ died of this poison, he ﷺ handed her over to his guardians, and they killed her by virtue of Qisaas (i.e., retribution). It is authentically reported that he ﷺ did not kill her immediately and it is also authentically reported that he ﷺ killed her afterward.
The hadeeth highlights the divine protection bestowed upon the Prophet ﷺ; Allah, Exalted is He, Says (what means): {And Allah will protect you from the people.} [Quran 5:67].
It also underlines a miracle with which the Messenger of Allah ﷺ was aided, as Allah, Exalted is He, delivered him from the poison that killed others.
It is deduced from the hadeeth that it is allowable to accept gifts from non-Muslims.
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2618

‘Abd Al-Rahmaan ibn Abee Bakr (may Allah be pleased with them) narrated:
We were one-hundred and thirty persons accompanying the Prophet ﷺ who asked us whether anyone of us had food. There was a man who had about a Saa‘ of wheat which was mixed with water then. A tall pagan with long matted unkempt hair came driving sheep. The Prophet ﷺ asked him, "Will you sell us (a sheep) or give it as a present?" He said, "I will sell you (a sheep)." The Prophet ﷺbought a sheep and it was slaughtered. He ﷺ ordered that its liver and other abdominal organs be roasted. By Allah, the Prophet ﷺ gave every person of the one-hundred-and-thirty a piece of that; he gave all those of them who were present; and kept the shares of those who were absent. He ﷺthen put its meat in two huge basins and all of them ate to their fill, and even then, more food was left in the two basins which were carried on the camel (or said something like it).
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Commentary :
Allah, Exalted is He, supported His Prophet ﷺ with miracles, and imparted His blessings through him. An example of such a blessing was increasing small quantities of food to suffice large groups of people, by the blessing of the Prophet ﷺ.
In this hadeeth, ‘Abd Al-Rahmaan ibn Abee Bakr (may Allah be pleased with them) narrated that there were one-hundred and thirty people accompanying the Prophet ﷺ,who asked them whether anyone of them had food. There was a man who had about a Saa‘ of wheat which was mixed with water. A tall pagan with long matted unkempt hair pagan came driving sheep. The Prophet ﷺ asked him, "Will you sell us (a sheep) or give it as a present?" He said, "I will sell you (a sheep)." The Prophet ﷺ bought a sheep and it was slaughtered and cooked. He ﷺ ordered that its liver and other abdominal organs be roasted. ‘Abd Al-Rahmaan (may Allah be pleased with him) swore by Allah, Exalted is He, that the Prophet ﷺ gave every person of the one-hundred-and-thirty a piece of that liver; he gave all those of them who were present; and kept the shares of those who were absent! He ﷺordered the meat to be put in two huge wooden basins and all of them ate to their fill, and even then, more food was left in the two basins which were carried on the camel, and this was a miracle performed by the Prophet ﷺ.
It is deduced from the hadeeth that it is allowable to buy from non-Muslims and accept their gifts.
It is also inferred therefrom that Muslims are urged to share their food whenever necessary.
It is also deduced that a person may swear to confirm his statement, even if he is truthful.
It is also inferred therefrom that it is allowable to buy things from an unknown person until one comes to know of that which entails caution or makes it incumbent to refrain from engaging in business transactions with him, such as usurpation, theft, or their like.
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2620

Asmaa’ bint Aboo Bakr (may Allah be pleased with her) narrated:
My mother came to me during the lifetime of Allah's Messengerﷺ and she was a pagan. I said to Allah's Messenger (seeking his verdict), "My mother has come to me and she desires to receive a reward from me, shall I keep good relations with her?" The Prophet ﷺ said, “Yes, keep good relation with her.”
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Commentary : Upholding ties of kinship and dutifulness towards parents are among the good manners preached by Islam and instilled in the hearts of Muslims. The enjoined dutifulness and upholding of kinship ties are not exclusive to Muslims, and are also required for non-Muslim relations, especially close relatives such as the parents, siblings, etc.
In this hadeeth, Asmaa’ bint Abee Bakr (may Allah be pleased with her) stated that her mother, Qutaylah bint Al-‘Uzzaa, who was a pagan,came to her during the lifetime of Allah's Messenger ﷺ. Another version of the hadeeth recorded in Saheeh Al-Bukhaaree and Saheeh Muslim reads: “My mother who was a polytheist came to me when he (the Prophet) ﷺ entered into treaty with Quraysh,” meaning in the period between Al-Hudaybiyah Peace Treaty and the conquest of Makkah. Asmaa’ (may Allah be pleased with her) was then married to Al-Zubayr ibn Al-‘Awwaam (may Allah be pleased with him). She (may Allah be pleased with her) sent to Allah's Messenger (seeking his verdict) and told him that her mother wanted to maintain good relations with her and win her heart, since she offered her gifts and aspired to receive a reward or something else from her, but that her mother was not inclined to Islam. She (may Allah be pleased with her) asked the Prophet ﷺ as to whether she should keep good relations with her, despite the fact that she held onto disbelief. The Prophet ﷺ said, “Yes, keep good relations with her,” meaning uphold ties of kinship with her despite her disbelief.
It is deduced from the hadeeth that it is allowable for a Muslim person to uphold ties of kinship with his non-Muslim relatives.
The hadeeth underlines the merits of Asmaa’ bint Aboo Bakr (may Allah be pleased with them), who keenly sought the Prophet’sﷺ verdict beforehand, and mindfully asked about the relevant religious ruling before acting..

2622

Narrated Ibn ‘Abbaas (may Allah be pleased with him):
The Prophet ﷺ said, "The bad example is not for us. He who takes back his present is like a dog that swallows back its vomit."
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Commentary :
Taking back gifts is a reprehensible act and awful behavior that contradicts chivalry, and does not conform with a good moral character or sound human nature. Therefore, the Prophet ﷺ warned against it and likened such a deed to the ugliest and most heinous act to alienate Muslims from it.
In this hadeeth, the Prophet ﷺ stated that it is unbecoming of Muslims to approve of or do such an act; he ﷺ said, "The bad example is not for us. He who takes back his present is like a dog that swallows back its vomit.” In this hadeeth, he ﷺ likened the gift-giver who takes back his gift to a dog that swallows its vomit. The statement underlines that the believers should not do such a reprehensible act, in which we resemble animals. This simile is rarely used in the Laws of Islam texts, which indicates the gravity and heinousness of such act. The Prophet ﷺ likened it to vomit rather than any other impurity to reflect how disgusting and repugnant that is; it is quite revolting for a person to swallow his vomit, and one should detest and find it equally revolting to take back his gifts.
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2624

‘Abdullah ibn ‘Ubaydullaah ibn Abee Maleekah narrated that the tribe of Suhayb, the freed slave of Ibn Jud‘aan, laid claim to two houses and a room that they claimed that the Prophet ﷺ had given to Suhayb. Marwaan said: "Who will testify as witness on your behalf?" They said: "Ibn ‘Umar (may Allah be pleased with him).” So, they called him, and he corroborated their claim that the Prophet ﷺ gave Suhayb two houses and a room. Marwaan based his judgment on Ibn ‘Umar's testimony.".

Commentary :
The settlement of people’s disputes is a great role and Islam has strictly regulated the judiciary process and sternly warns against the gravity of passing judgments and rulings without knowledge or acting on one’s sinful desires. Hence, a ruler is enjoined to be substantive (and firm) when settling disputes and adjudicating allegations.
In this hadeeth, the Taabi’ee (a Muslim who saw at least one of the Companions) ‘Abdullah ibn ‘Ubaydullaah ibn Abee Maleekah narrated regarding the tribe of Suhayb ibn Sinaan Al-Roomee (may Allah be pleased with him), the freed slave of ‘Abdullah ibn Jud‘aan who had bought and freed him. The tribe of Suhayb (may Allah be pleased with him) laid claim to two houses and a room that they claimed that the Prophet ﷺ had given to Suhayb (may Allah be pleased with him). A house referred to a roofed building and it translates into Bayt in Arabic because it the place where one spends the night (as denoted by the Arabic term); a room is one section of a house. The tribe of Suhayb referred to his children and descendants: Hamzah, Sa‘d, Saalih, Sayfee, ‘Abbaad, ‘Uthmaan, Habeeb, and Muhammad. They claimed these two houses and room and argued that the Prophet ﷺ had given them to their father (may Allah be pleased with him), and that they had inherited them from him. Marwaan ibn Al-Hakam, the governor of Al-Madeenah appointed by Mu‘aawiyah (may Allah be pleased with him), requested that they should provide substantial proofs to support their claim. He said, "Who will testify as witness on your behalf?" It is possible that two of them referred the dispute to the governor and the rest of them gave their consent to it. Marwaan addressed the two claimants, as suggested by the wording of the Arabic text, and they said: "Ibn ‘Umar (may Allah be pleased with him).” Marwaan called for Ibn ‘Umar (may Allah be pleased with him) to testify, and he corroborated their claim that the Prophet ﷺ had given Suhayb (may Allah be pleased with him) the two houses and a room. The wording of the Arabic text indicates that Ibn ‘Umar (may Allah be pleased with him) took an oath affirming their claim. Thereupon, Marwaan based his judgment on Ibn ‘Umar's testimony, and gave them the two houses and room. It was also said that he passed his judgment and verdict based on Ibn ‘Umar’s testimony and their oath.
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2625

Jaabir (may Allah be pleased with him) narrated:
The Prophet ﷺgave a verdict that a lifelong gift belongs to the one to whom it was given.
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Commentary :
Islam urged interdependence, solidarity, and cooperation between people. The enjoined interdependence and solidarity take many forms, such as Zakaah, charity, and gifts, one of which is lifelong gifts.
In this hadeeth, Jaabir (may Allah be pleased with him) narrated that the Prophet ﷺ gave a verdict that a lifelong gift belongs to the one to whom it was given. An example of a lifelong gift is when someone says to another, “My house is now yours as long as I should live,” or “You may reside in my house until I die.” This gift is binding as per the laws of Islam and it is impermissible for the gift-giver to take it back and annul the gift. This is the case when the gift-giver offers the recipient the gift without stipulating any conditions that it should be returned to him after a specified period of time. For example, a person might say, ‘I gift you my house as long as you should live,” or “throughout your life,” or any similar wording indicating the same meaning. Such wordings are indicative of lifelong gifts. The gifted property becomes the property of the beneficiary or receiver and his or her heirs afterward, according to the verdict of the Prophet ﷺ. In the same vein, the Prophet ﷺ said: “If anyone gives a life-tenancy it goes to the one to whom it is given, both during his lifetime and after his death, and to his descendants (heirs).” [Muslim].
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2626

It was narrated on the authority of Aboo Hurayrah (may Allah be pleased with him) that the Prophet ﷺ said, "The ‘Umraee (i.e., lifelong gift) is permissible." ‘Ataa’ said, "Jaabir (may Allah be pleased with him) narrated the same to me on the authority of the Prophet ﷺ.”
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Commentary :
Islam has urged interdependence, solidarity, and cooperation between people. The enjoined interdependence and solidarity take many forms, such as Zakaah, charity, and gifts, one of which is lifelong gifts.
This hadeeth highlights the permissibility of lifelong gifts. An example of such gifts is when someone says to another, “My house is now yours as long as I should live,” or “You may reside in my house until I die.” This gift is binding as per the laws of Islam, and it is impermissible for the gift-giver to take it back and annul the gift. This is the case when the gift-giver offers the recipient the gift without stipulating any conditions that it should be returned to him after a specified period of time. For example, a person might say, ‘I gift you my house as long as you should live,” or “throughout your life,” or any similar wording indicating the same meaning. Such wordings are indicative of lifelong gifts. The gifted property becomes the property of the beneficiary or receipt and his or her heirs afterward, according to the verdict of the Prophet ﷺ. In the same vein, the Prophet ﷺ said: “If anyone gives a life-tenancy it goes to the one to whom it is given, both during his lifetime and after his death, and to his descendants (heirs).” [Muslim].

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2628

Ayman narrated:
I went to ‘Aa’ishah (may Allah be pleased with her) and she was wearing a coarse dress costing five Dirhams. ‘Aa’ishah (may Allah be pleased with her) said, "Look up and see my slave-girl who refuses to wear it in the house though during the lifetime of Allah's MessengerﷺI had a similar dress which no woman desiring to appear elegant (before her husband) failed to borrow from me."
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Commentary : The Companions (may Allah be pleased with him) devoted their good deeds exclusively to Allah, Exalted is He, aspiring to His rewards only rather than worldly gains. Thus, Allah, Exalted is He, caused them to be the means to perfect the divine light of guidance bestowed upon humanity through the Prophet ﷺ, and rewarded them by conferring upon them abundant wealth and blessings.
In this hadeeth, Ayman Al-Habashee Al-Makhzoomee narrated that he went to ‘Aa’ishah (may Allah be pleased with her) while she was wearing a coarse dress costing five Dirhams. The Arabic word used in the hadeeth is Qitr, which referred to a reddish coarse cotton dress from Yemen. It was also said that Qitr meant a dress made of a coarse fabric or cotton in particular. Another saying was that the name Qitr was derived from a village in Bahrain called Qatar. The point is that such a dress was coarse, and its price was about five Dirhams (of silver). ‘Aa’ishah (may Allah be pleased with her) disapprovingly said, “Look up and see my slave-girl who refuses to wear it in the house,” meaning that she looked down on such an inexpensive dress in the house. She (may Allah be pleased with her) then described the changed conditions in comparison to her past life conditions during the lifetime of the Prophet ﷺ. She added that during the lifetime of Allah's Messenger ﷺ she had a similar dress that the women of Al-Madeenah admired so much that no woman desiring to appear elegant (before her husband in their wedding) failed to borrow from her, since people were less fortunate and had smaller properties, and therefore perceived such inexpensive dress as elegant and expensive at that time.
This underlines the changed life conditions and the riches acquired by Muslims after the conquests. Women used to borrow such a coarse dress to beautify themselves for their husbands in weddings, but ‘Aa’ishah’s slave-girl refused to wear such a dress in the house!
It is deduced from the hadeeth that it is allowable to lend and borrow clothes, and the same goes for other precious jewelry and jewels for a bride and others.
It is also inferred therefrom that a woman may wear elegant dresses inside her home and what some servants may wear.
It also highlights the humbleness of ‘Aa’ishah (may Allah be pleased with her) and the fact that she renounced worldly pleasures at times when she (may Allah be pleased with her) was given wealth.
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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

‘Alee (may Allah be pleased with him) narrated:
The Prophet ﷺ gave me a silken dress as a gift and I wore it. When I saw the signs of anger on his face, I cut it into pieces and distributed it among my womenfolk.”
.

Narrated Ibn ‘Abbaas (may Allah be pleased with him):
The Prophet ﷺ said, "The bad example is not for us. He who takes back his present is like a dog that swallows back its vomit."
.

Jaabir (may Allah be pleased with him) narrated:
The Prophet ﷺgave a verdict that a lifelong gift belongs to the one to whom it was given.
.

It was narrated on the authority of Aboo Hurayrah (may Allah be pleased with him) that the Prophet ﷺ said, "The ‘Umraee (i.e., lifelong gift) is permissible." ‘Ataa’ said, "Jaabir (may Allah be pleased with him) narrated the same to me on the authority of the Prophet ﷺ.”
.

‘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

‘Alee (may Allah be pleased with him) narrated: The Prophet ﷺ gave me a silken dress as a gift and I wore it. When I saw the signs of anger on his face, I cut it into pieces and distributed it among my womenfolk.” .

Narrated Ibn ‘Abbaas (may Allah be pleased with him): The Prophet ﷺ said, "The bad example is not for us. He who takes back his present is like a dog that swallows back its vomit." .

Jaabir (may Allah be pleased with him) narrated: The Prophet ﷺgave a verdict that a lifelong gift belongs to the one to whom it was given. .

It was narrated on the authority of Aboo Hurayrah (may Allah be pleased with him) that the Prophet ﷺ said, "The ‘Umraee (i.e., lifelong gift) is permissible." ‘Ataa’ said, "Jaabir (may Allah be pleased with him) narrated the same to me on the authority of the Prophet ﷺ.” .

‘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..

‘Alee (may Allah be pleased with him) narrated:
The Prophet ﷺ gave me a silken dress as a gift and I wore it. When I saw the signs of anger on his face, I cut it into pieces and distributed it among my womenfolk.”
.

Narrated Ibn ‘Abbaas (may Allah be pleased with him):
The Prophet ﷺ said, "The bad example is not for us. He who takes back his present is like a dog that swallows back its vomit."
.

Jaabir (may Allah be pleased with him) narrated:
The Prophet ﷺgave a verdict that a lifelong gift belongs to the one to whom it was given.
.

It was narrated on the authority of Aboo Hurayrah (may Allah be pleased with him) that the Prophet ﷺ said, "The ‘Umraee (i.e., lifelong gift) is permissible." ‘Ataa’ said, "Jaabir (may Allah be pleased with him) narrated the same to me on the authority of the Prophet ﷺ.”
.