Sa’eed ibn Jubayr said:
A Jew from Al-Heerah asked me which one of the two periods Prophet Moosaa (Moses) completed. I said, "I do not know, (but wait) till I see the most learned Arab and inquire him about it." So, I went to Ibn ‘Abbaas (may Allah be pleased with them) and asked him. He (may Allah be pleased with him) replied, "Prophet Moosaa completed the longer and better period." Ibn ‘Abbaas (may Allah be pleased with them) added, "No doubt, a Messenger of Allah always does what he says."
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Commentary :
The Prophets and Messengers of Allah were endowed with the most perfect moral characters and were the most truthful among all people. The Quran made mention of Prophet Moosaa, given his exemplary resolve and patience.
In this hadeeth, the Taabi’ee (a Muslim who saw at least one of the Companions)Sa’eed ibn Jubayr related that a Jew from the people of Al-Heerah, which was an ancient city in Iraq near Kufa, and was the capital of many dynasties, asked himwhich one of the two periods Prophet Moosaa (Moses) completed, referring to the ayah that reads (what means): {He said, "Indeed, I wish to wed you one of these, my two daughters, on [the condition] that you serve me for eight years; but if you complete ten, it will be [as a favor] from you.} [Quran 28:27]. The ayah means that Prophet Moosaa was offered to marry the man’s daughter, and her dower was to work for him for eight years, and if he chose to work for him from ten years instead, it would be a favor and not required of him. Sa’eed told him that he did not know which period Prophet Moosaa completed, and told him that he would ask the well-ayahd Arab scholar, meaning, Ibn ‘Abbaas (may Allah be pleased with them), in Makkah. Ibn ‘Abbaas (may Allah be pleased with them) informed him that Prophet Moosaa completed ten years. He (may Allah be pleased with them) added: “No doubt, a Messenger of Allah always does what he says.” This applies to all Messengers of Allah, and foremostly Prophet Moosaa, because they were talking about him in particular. This is because the Prophets of Allah were endowed with the most perfect moral characters which entailed fulfilling their promises.
The hadeeth urges the fulfillment of promises.
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2685

‘Ubaydullaah ibn ‘Abdullah ibn ‘Utbah narrated that Ibn ‘Abbaas (may Allah be pleased with them) said, "O Muslims! How do you ask the People of the Scriptures, though your Book (i.e., the Quran) which was revealed to His Prophet ﷺ is the most recent divine revelation and you recite it, and it has not been distorted? Allah, Exalted is He, has revealed to you that the People of the Scriptures have changed and distorted what had been revealed to them with their own hands and said (regarding their changed Scriptures): This is from Allah, in order to get some worldly benefit thereby." Ibn ‘Abbaas (may Allah be pleased with them) added: "Is not the knowledge revealed to you sufficient to you, and you do not need to ask them about anything? By Allah, I have never seen any one of them asking you about what has been revealed to you!"
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Commentary :
The Prophet ﷺ keenly instilled the correct Islamic creed within the hearts and minds of his Companions (may Allah be pleased with them), and warned them against following the path of the previous nations, and the Companions (may Allah be pleased with them) did the same with the following Muslim generation.
In this hadeeth, the Taabi’ee (a Muslim who saw at least one of the Companions) ‘Ubaydullaah ibn ‘Abdullah ibn ‘Utbah narrated that ‘Abdullah ibn ‘Abbaas (may Allah be pleased with them) addressed people once, rebuking and warning them against asking the People of the Scriptures, i.e., Jews and Christians, regarding some religious matters that seemed similar to what had been revealed to them, or regarding the topics and stories addressed in their Scriptures. He (may Allah be pleased with him) stated that the reason for the prohibition in this regard was that the Quran, which was revealed by Allah, Exalted is He, to His Prophet ﷺ, is the most recent divine revelation. He (may Allah be pleased with him) said, “… and you recite it,” meaning that Muslims are enjoined to recite the Quran as an act of worship, “and it has not been distorted?” This means that the Quran was not changed like the previous heavenly books revealed to the People of the Scriptures. They “have changed and distorted what had been revealed to them with their own hands,” including the Torah that was revealed to the Jews, and the Gospel that was revealed to the Christians, “and they have said (regarding their changed Scriptures): ‘This is from Allah, in order to get some worldly benefit thereby.’" They traded their Scriptures for an insignificantly small price, although they (i.e., the Scriptures) are worth the whole worldly life! He (may Allah be pleased with him) rebuked them for it since Allah, Exalted is He, blessed Muslims with the Quran in which He imparted to them adequate knowledge that suffices them, and they do not need to ask the People of the Scriptures about anything!
Ibn ‘Abbaas (may Allah be pleased with them) added: "Is not the knowledge revealed to you sufficient to you, and you do not need to ask them about anything?” His statement, “By Allah, I have never seen any one of them asking about what has been revealed to you,” means that they did not perceive Muslims as worthy of their questions, despite their trustworthiness and competence (i.e., since Muslims are endowed with the ultimate divine knowledge in the Quran). He (may Allah be pleased with him) meant to say, ‘How could you trust them with answering your questions, although Allah, Exalted is He, informed you in the Quran of their lies, distortion of the previous Scriptures,and even attributing lies to Him?” It is also possible that the People of the Scriptures did not have prescribed religious celebrations and therefore did not need to ask about them!
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2687

Umm Al-‘Alaa’ (may Allah be pleased with her) narrated that when the Ansaar drew lots as to whom of the emigrants should dwell with whom of the Ansaar, the name of ‘Uthmaan ibn Madh‘oon came out (to be in their lot). Umm Al-‘Alaa’ (may Allah be pleased with her) further said, "‘Uthmaan stayed with us, and we nursed him when he got sick, but he died. We shrouded him in his clothes, and Allah's Messenger ﷺ came to our house and I said, (addressing the dead ‘Uthmaan), 'O Aboo Al-Saa’ib! May Allah be merciful to you. I testify that Allah, Exalted is He, has blessed you.' The Prophet ﷺ said to me, "How do you know that Allah has blessed him?" I replied, 'I do not know, O Allah's Messengerﷺ! May my parents be sacrificed for you!' Allah's Messengerﷺ said, 'As regards ‘Uthmaan, by Allah, he has died and I really wish him every good, yet, by Allah, although I am Allah's Messenger, I do not know what will be done to him!' Thereupon, Umm Al-‘Alaa’ added, 'By Allah, I shall never attest the piety of anybody afterward! What Allah's Messenger ﷺ said made me sad." Umm Al-‘Alaa’ (may Allah be pleased with her) further said, "Once, I slept and saw in a dream, a flowing stream for ‘Uthmaan. So, I went to Allah's Messengerﷺ and told him of it, he ﷺ said, 'That is (the symbol of) his good deeds."
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Commentary :
The Prophet ﷺ keenly instilled within his Companions (may Allah be pleased with them) the mindfulness of Allah, Exalted is He, and refrainment from making assumptions about people’s fate in the Hereafter, as to whether they would be admitted to Paradise or thrown into Hellfire. Human beings must not play God, judge and pass sentences on people as they wish. Rather, we are enjoined to judge people according to what is apparent, and bear in mind that only Allah, Exalted is He, knows their true inward characters and what is hidden in their hearts (and He shall reward or punish them accordingly).
This hadeeth emphasizes this meaning. Umm Al-‘Alaa’ (may Allah be pleased with her) was a woman from the Ansaar who had given the Bay‘ah (i.e., pledge of allegiance) to the Prophet, making a covenant with him to adhere to Islam and refrain from associating partners with Allah and from committing immoral acts.She narrated that when the Ansaar drew lots as to whom of the emigrants should dwell with whom of the Ansaar, the name of ‘Uthmaan ibn Madh‘oon came out (to be in their lot). The emigrants had no place to live in Al-Madeenah and were hosted by their fellow Muslim brothers from the Ansaar. Umm Al-‘Alaa’ (may Allah be pleased with her) further said, "‘Uthmaan stayed with us, and we nursed him when he got sick, but he died. We shrouded him in his clothes, and Allah's Messenger ﷺ came to our house and I said, (addressing the dead ‘Uthmaan), 'O Aboo Al-Saa’ib,’ which was his nickname, ‘May Allah be merciful to you. I testify that Allah, Exalted is He, has blessed you.'” Another version of the hadeeth, compiled in Musnad Ahmad, on the authority of Ibn ‘Abbaas (may Allah be pleased with them), reads: “Congratulations on entering Paradise!” She (may Allah be pleased with her) decisively judged him as one of the people of Paradise, based on her knowledge of his devotion in worship and other good qualities. According to the version recorded by Ahmad, the Prophet ﷺ gave her a disapproving look, because she had decisively judged ‘Uthmaan (may Allah be pleased with him) as one of the People of Paradise, which implies impoliteness with Allah, Exalted is He, by claiming the knowledge of the unseen that is exclusive to Him! None knows the ultimate fate of people in the Hereafter except Allah, Exalted is He. Thereupon, the Prophet ﷺ said to her, edifying her on that meaning, "How do you know that Allah has blessed him?" She (may Allah be pleased with her) replied, 'I do not know, O Allah's Messengerﷺ! May my parents be sacrificed for you!' The Prophet ﷺ said, 'As regards ‘Uthmaan, by Allah, he has died and I really wish him every good, yet, by Allah, although I am Allah's Messenger, I do not know what will be done to him!' In the version reported by Al-Bukhaaree, the Prophet ﷺ said: “… although I am Allah's Messenger, I do not know what will be done to me,” meaning that he ﷺ did not know with certainty what shall happen to him in the Hereafter except for what Allah, Exalted is He, had informed him of.
Umm Al-‘Alaa’ (may Allah be pleased with her) said, 'By Allah, I shall never attest the piety of anybody afterward,” meaning that she would never decisively attest the righteousness of any person and that he would enter Paradise expect those who were named by the Prophet ﷺ among the people of Paradise. What she did and what the Prophet ﷺ said made her sad. Umm Al-‘Alaa’ (may Allah be pleased with her) further said, "Once, I slept and saw in a dream, a flowing stream for ‘Uthmaan. So, I went to Allah's Messengerﷺ and told him of it, and he ﷺ said, 'That is (the symbol of) his good deeds.‘ He ﷺ interpreted the flowing stream in the vision as to refer to his good deeds, because all people’s good deeds come to an end by their death except the one who dies while partaking in Jihaad as Muraabit (i.e., a guard at frontier outposts in support of Allah's Cause); his good deeds continue to grow and increase unto the Day of Judgment. ‘Uthmaan (may Allah be pleased with him) died as an emigrate for the sake of Allah, fleeing religious persecution to worship his Lord freely, and Muraabit in support of the Cause of Allah, Exalted is He.
It has been reported on the authority of the Prophet ﷺthat which urges Muslims to testify to the righteousness and piety of a dead person and mention his good qualities and deeds, provided that one should not decisively state that such a person shall be in Paradise or Hellfire. It was narrated on the authority of ‘Umar ibn Al-Khattaab (may Allah be pleased with him), and recorded by Al-Bukhaaree, that the Prophet ﷺ said: “If four people testify to the righteousness of a (dead) Muslim, Allah, Exalted is He, will grant him Paradise." The Companions (may Allah be pleased with them) (eagerly) asked, "If three people testify to his righteousness (will he earn the same reward)?" He ﷺ replied, "Even three." They further asked, "What about two?" He ﷺ replied, "Even two."
The hadeeth aims to edify Muslims on the relevant prohibition; we are enjoined to refrain from playing God and decisively judging anyone’s fate in the Hereafter without knowledge. This is because only Allah, Exalted is He, will hold people accountable on the Day of Resurrection and shall reward or punish them accordingly. Moreover, we do not have knowledge of a dead person’s inward character and what he had harbored in his heart. Rather, we are enjoined to settle for testifying to the dead person’s righteousness by saying, ‘I think that (s)he was a good and righteous person, and only Allah, Exalted is He, knows best,’ or the like.
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2691

Narrated Anas (may Allah be pleased with him):
It was said to the Prophet ﷺ, "Would you, please, go to ‘Abdullah ibn Ubayy?" So, the Prophet ﷺwent to him, riding a donkey, and Muslims accompanied him, walking on salty barren land. When the Prophet ﷺreached ‘Abdullah ibn Ubayy, the latter said, "Keep away from me! By Allah, the bad smell of your donkey has harmed me." On that, a man from the Ansaar said (to ‘Abdullah), "By Allah! The smell of the Prophet’s donkey is better than your smell." Thereupon, a man from ‘Abdullah's tribe got angry for ‘Abdullah's sake, and the two men verbally abused each other which caused their friends to get angry and agitated, and the two groups started fighting with palm branches, shoes, and hands. We were informed that the following ayah was revealed (in this regard). Allah, Exalted is He, Says (what means): {And if two factions among the believers should fight, then reconcile between the two.} [Quran 49:9]
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Commentary :
‘Abdullah ibn Ubayy ibn Salool was one of the leaders and chiefs of the Khazraj tribe. When he was invited to embrace Islam, he converted outwardly only, but harbored disbelief. He was the head of the hypocrites in Al-Madeenah, and nursed hostility against the Prophet ﷺ and Muslims.
In this hadeeth, Narrated Anas (may Allah be pleased with him) that it was said to the Prophet ﷺ, "Would you, please, visit ‘Abdullah ibn Ubayy?" They were asking the Prophet ﷺ to go to ‘Abdullah ibn Ubayy to invite him to Islam, and this took place upon his arrival to Al-Madeenah. TheProphet ﷺwent to him, riding a donkey, and Muslims accompanied him, walking on salty barren land. When the Prophet ﷺreached ‘Abdullah ibn Ubayy, the latter said, "Keep away from me! By Allah, the bad smell of your donkey has harmed me." On that, a man from the Ansaar said (to ‘Abdullah), "By Allah! The smell of the Prophet’s donkey is better than your smell." This Companion (may Allah be pleased with him) retorted to ‘Abadullaah, defending the Prophet ﷺ. Thereupon, a man from ‘Abdullah's tribe got angry for ‘Abdullah's sake, and the two men verbally abused each other, which caused their friends to get angry and agitated,” meaning that the Companions (may Allah be pleased with him) got angry for the sake of the Prophet ﷺ and the friends of Ibn Salool got angry for his sake. The two groups started fighting with palm branches, shoes, and hands. A version of the hadeeth compiled by Al-Bukhaaree and Muslim, reads: “The Prophet ﷺ continued to calm them until they kept silent.” He ﷺ continued to calm them until they stopped fighting. Anas (may Allah be pleased with him) added: “We were informed that the following ayah was revealed (in this regard). Allah, Exalted is He, Says (what means): {And if two factions among the believers should fight, then reconcile between the two.} [Quran 49:9].”
It was argued that this ayah talked specifically about the believers, whereas the incident related in this hadeeth was between the Prophet ﷺ and Ibn Salool before his conversion to Islam. In response, it was said that some of Ibn Salool’s friends and men were believers. It was also said that the statement of Anas (may Allah be pleased with him), ‘We were informed,” indicates that that incident was not the actual reason for which this ayah was revealed, and Anas (may Allah be pleased with him) did not explicitly say so. His saying, ‘We were informed,’ does not necessitate that the ayah was revealed on that particular occasion; the chapter in which the concerned ayah is included was revealed in 9 A.H., when the delegations of the Arab tribes came to Al-Madeenah. It is also said that the ayah about the reconciliation between the disputing groups of the believers was revealed earlier than the rest of the chapter, and this would eliminate any problematic aspect.
The hadeeth highlights the unmatched forbearance of the Prophet ﷺ and his endurance of people’s harm.
It also underlines how the believers revered the Prophet ﷺ.
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2692

Umm Kulthoom bint ‘Uqbah (may Allah be pleased with her) narrated that she heard Allah's Messengerﷺ saying, "He who makes peace between disputing people by inventing good information or saying good things, is not a liar (i.e., he does not bear a sin for it).”
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Commentary :
The Islamic Laws of Islam urges Muslims to reconcile and make peace between disputing people, even if it had to be achieved through lies, considering the benefits it involvesregarding quarrels and disputing people, by quelling the spirit of enmity and settling their disputes.
In this hadeeth, the Messenger of Allah ﷺ stated that the blameworthy lying, about which stern warnings are reported and for which a punishment is designated as per the laws of Islam does not apply to the situations when a person says what is contrary to the truth to reconcile between disputing people, as encouraged by the enjoined sincerity towards one’s fellow Muslims. Rather, he ﷺ described such an act as ‘good;’ he ﷺ said: “…inventing good information or saying good things,” meaning that such a person tries to reconcile between the disputing people by saying to one of them, for example, ‘Your friend is praising you and saying good things about you,’ which is untrue. There is no sin in making this up for the purpose of reconciling between them. A person may need to tell some lies with good intentions to make peace between disputing people.
It is noteworthy that this is allowable provided that it does not involve nor entail denying a person his due rights or helping one take what he is not entitled to take.
The same ruling applies to lying at times of war, meaning to say what helps Muslims appear strong and undermine their enemies’ resolve, even if it is untrue. The same also goes for lying to one’s wife, verbally expressing his affection for her beyond his actual feelings for her to retain her love, ensure the stability of their marriage, and refine her conduct.
It should be noted that the hadeeth does not suggest that these false statements that are contrary to the reality are not labelled as lies as per the laws of Islam; a lie is a lie regardless of the purpose. Rather, it means that a person bears no sin for making up such lies in those specified situations, as a legal concession, enduring the lesser evil to realize the greater good.
The hadeeth urges Muslims to reconcile between disputing people and make peace between them.
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2697

‘Narrated Aa’ishah (may Allah be pleased with her) that Allah's Messengerﷺ said, "If somebody innovates something which has no basis in our religion, such innovation is rejected."
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Commentary :
Allah, Exalted is He, has completed and perfected the religion of Islam, and has bestowed His perfect grace on His servants, and therefore it is incumbent on Muslims to keenly seek to conform with the will of Allah, Exalted is He, and His Messenger ﷺ (i.e., by compliance with the provisions of Islam), to the best of their abilities, and refrain from introducing religious innovations that have no basis in the Laws of Islam.
Whoever introduces a religious innovation and invents something which has no basis in Islam, such a religious innovation will be rejected. In this hadeeth, the Prophet ﷺ informed us that if anyone introduces a religious innovation that has no basis in the Quran and the Sunnah, does not fall under the heading of a Laws of Islam provision stated therein, or contravenes the provisions of Islam, such an innovation will be rejected, meaning that such an unprescribed act will be declared null and void, and shall not be accepted by Allah, Exalted is He.
This is one of the fundamental principles of Islam, and this hadeeth is one of the examples of the Prophet’s eloquent, aphoristic speech. In this hadeeth, he ﷺ explicitly rejected all religious innovations and unprescribed acts and sayings that have no basis in Islam.
The hadeeth commands Muslims to follow the Sunnah of the Prophet ﷺ and abide by it, and forbids them from introducing any religious innovation.
It is deduced from the hadeeth that the criterion for declaring a given act a religious innovation is having no basis in the Quran or the Sunnah.

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2699

Al-Baraa’ (may Allah be pleased with him) said:
When the Prophet ﷺ intended to perform ‘Umrah in the month of Dhul-Qi‘dah, the people of Makkah did not let him enter Makkah till he ﷺ settled the matter with them by promising to stay therein for three days only. When the document of the treaty was written, the following was mentioned: 'These are the terms on which Muhammad, Allah's Messengerﷺ agreed (to make peace).' They said, "We will not agree to this, for if we believed that you are Allah's Messenger, we would not prevent you from entering Makkah, but you are Muhammad ibn ‘Abdullah." The Prophet ﷺ said, "I am Allah's Messengerand also Muhammad ibn ‘Abdullah." Then he ﷺ said to ‘Alee (may Allah be pleased with him), "Rub off (the words) 'Allah's Messenger,” but ‘Alee (may Allah be pleased with him) said, "No, by Allah, I will never rub off your name." So, Allah's Messengerﷺtook the document (, rubbed it himself) and wrote instead, 'This is what Muhammad ibn ‘Abdullah has agreed upon: No arms will be brought into Makkah except in their cases, and nobody from the people of Makkah will be allowed to go with him, i.e., the Prophet ﷺeven if he wished to follow him and he (the Prophet ﷺwill not prevent any of his Companions from staying in Makkah if they want to stay.' When the Prophet ﷺ entered Makkah and the specified period expired, the Makkahns went to ‘Alee (may Allah be pleased with him) and said, "Tell your Friend, i.e., the Prophet ﷺ, to leave Makkah; the (agreed-upon) period has passed." So, the Prophet ﷺwent out of Makkah. The daughter of Hamzah ran after them, i.e., the Prophet ﷺand his Companions (may Allah be pleased with them), calling, "O Uncle! O Uncle!" ‘Alee received her and led her by the hand and said to Faatimah (may Allah be pleased with them), "Take your uncle's daughter." Zayd and Ja‘far quarreled about her. ‘Alee (may Allah be pleased with him) said, "I have more right to her as she is my uncle's daughter." Ja‘far (may Allah be pleased with him) said, "She is my uncle's daughter, and her maternal aunt is my wife." Zayd (may Allah be pleased with him) said, "She is my brother's daughter." The Prophet ﷺ judged that she should be placed under the care of her maternal aunt, and said that the maternal aunt was like the mother. He ﷺ then said to ‘Alee (may Allah be pleased with him), "You are from me and I am from you", said to Ja‘far (may Allah be pleased with him), "You resemble me both in terms of moral character and outward appearance", and said to Zayd (may Allah be pleased with him), "You are our brother (in faith) and our freed slave."
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Commentary :
The Prophet ﷺ endured grievous harm at the hands of the polytheists, who denied him access to the Sacred House. He ﷺ endured their persecution until Allah, Exalted is He, blessed him with triumph over them, and the days proved that he ﷺ was supported by the divine revelation and attested his discretion during the conclusion of the Treay of Al-Hudaybiyah.
In this hadeeth, Al-Baraa’ ibn ‘Aazib (may Allah be pleased with him), narrated that the Prophet ﷺ and his Companions (may Allah be pleased with them) departed Al-Madeenah, and headed towards Makkah with the intention of performing ‘Umrah in the month of Dhul-Qi‘dah, in 6 A.H. However,the people of Makkah did not let them enter Makkah till heﷺmade an agreement with them to stay therein for three days only and return to Al-Madeenah, provided that he ﷺ should come back on the following year to perform ‘Umrah. This treaty became known as the Treay of Al-Hudaybiyah, and it was named after a big village that was given the name of a well located in that area; it is currently located on the outskirts of Makkah.
When the document of treaty was written, the following was mentioned: 'These are the terms,” of the treaty, “on which Muhammad, Allah's Messengerﷺ agreed (to make peace).” They said, "We will not agree to this, for if we believed that you are Allah's Messenger, we would not prevent you (from entering Makkah), but you are Muhammad ibn ‘Abdullah." They said to the Prophet ﷺ, ‘Had we believed in you and you religion, we would not have denied you access to the Sacred House, but we only know you as Muhammad ibn ‘Abdullah,’ (by the name given to him by his father). Thereupon, the Prophet ﷺ said, "I am Allah's Messengerand also Muhammad ibn ‘Abdullah," meaning that he ﷺ did not mind writing down either of them. Then he ﷺ said to ‘Alee (may Allah be pleased with him), who was writing down the terms of the treaty, to rub off (the words) 'Allah's Messenger,’ from the document, but ‘Alee (may Allah be pleased with him) refused. It should be noted that he (may Allah be pleased with him) did not mean to disobey the Prophet’s command, but rather expressed his disapproval of erasing his title out of reverence for the Prophet ﷺ and to defiantly support him against the polytheists. The Prophet ﷺtook the document, erased it himself, after ‘Alee (may Allah be pleased with him) pointed to its place, because he ﷺ was illiterate. He ﷺ then commanded ‘Alee (may Allah be pleased with him) to write down instead, 'This is what Muhammad ibn ‘Abdullah has agreed upon.’ The terms included that no arms may be brought into Makkah by Muslims except those kept in their own cases, and nobody from the people of Makkah would be allowed to go with the Prophet ﷺeven if he wished to follow him (and embrace Islam). On the contrary, the Prophet ﷺwould not prevent any of his Companions from staying in Makkah if they wanted! According to this treaty, the Prophet ﷺ and his Companions returned to Al-Madeenah, after ending their state of Ihraam (i.e., ritual state of consecration) as authentically reported in other narrations. They came back on the following year to perform ‘Umrah, which became known as ‘Umrat Al-Qadhaa’. After the period specified by the terms of the treaty i.e., three days, ended the Makkans went to ‘Alee (may Allah be pleased with him) and asked him to ask the Prophet ﷺ, to leave, as the (agreed-upon) period has passed. When the Prophet ﷺwent out of Makkah, the daughter of Hamzah, Umaamah - it was also said that she was named Faatimah - ran after them, i.e., the Prophet ﷺand his Companions (may Allah be pleased with them), wanting to go with them to Al-Madeenah. ‘Alee received her, led her by the hand, since she was still young, and said to Faatimah, his wife and the Prophet’s daughter, "Take your uncle's daughter." Faatimah (may Allah be pleased with her) held her, but Zayd and Ja‘far (may Allah be pleased with them) quarreled about her; each wanted to take care of her. Zayd (may Allah be pleased with him) claimed her because she was his brother's daughter, since the Prophet ﷺ had established the bond of brotherhood between him and Hamzah (may Allah be pleased with them). ‘Alee (may Allah be pleased with him) claimed her because she was his paternal cousin, his uncle's daughter, and Ja‘far (may Allah be pleased with him) claimed her because she was his uncle's daughter, and her maternal aunt, i.e., Asmaa’ bint ‘Umays (may Allah be pleased with her), was his wife. The Prophet ﷺ judged that she should be given to her maternal aunt, and said that the maternal aunt was like the mother, meaning as far as the right to the custody of a child is concerned, and also in terms of maternal affection and care. He ﷺ then said to ‘Alee (may Allah be pleased with him), "You are from me and I am from you", in terms of blood relations, love, seniority in Islam, and the like of his many great merits. He ﷺ said to Ja‘far (may Allah be pleased with him), "You resemble me both in terms of moral character and outward appearance", and said to Zayd (may Allah be pleased with him), "You are our brother (in faith) and our freed slave.” The bond of Al-Walaa’ (lit., loyalty, meaning to maintain a relationship of patronage without bondage with one’s manumitter) was as strong as the blood bond. The Prophet ﷺ made these statements toconciliate ‘Alee and Zayd (may Allah be pleased with them) for not granting them custody over Hamzah’s daughter, and to highlight that he ﷺ did not place her under Ja‘far’s care for his own sake, but rather because he was married to the girl’s maternal aunt (who was more entitled to the custody).
It was said that this hadeeth is one of the main Laws of Islam texts about the right to custody, which essentially means the care for a young child who is below the age of distinction and cannot live independently, providing him or her with a good upbringing, and guarding him or her against whatever may incur destruction and loss on him or her.
It is deduced from the hadeeth that it is allowable to conclude peace treaties with non-Muslims, conduct political and military agreements with them for the benefit of Muslims.
It is also inferred therefrom that a maternal aunt is entitled to custody over a child.
It also highlights the merits of ‘Alee, Ja‘far, and Zayd (may Allah be pleased with them)..

2701

Narrated Ibn ‘Umar (may Allah be pleased with him) that Allah's Messengerﷺ set out to perform ‘Umrah but the pagans of Quraysh prevented him from reaching the Ka‘bah. So, he ﷺ slaughtered his animal sacrifice, got his head shaved at Al-Hudaybiyah, and agreed with them that he ﷺ would perform ‘Umrah on the following year, would not carry weapons except swords, and would not stay in Makkah except for the period they allowed. So, the Prophet ﷺperformed ‘Umrah in the following year and entered Makkah according to the treaty, and when he ﷺ stayed for three days, the pagans ordered him to depart, and he ﷺ did.
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Commentary :
The polytheists (of Quraysh) persecuted and abused the Messenger of Allah ﷺ and his Companions (may Allah be pleased with them), yet he ﷺ honored his agreements and covenants with them.
In this hadeeth, ‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him) that the Prophet ﷺ headed towards Makkah in 6 A.H. to perform ‘Umrah, but the polytheists of Makkah denied him access to the Sacred House. They blocked his way in a place called Al-Hudaybiyah, a village that was named after a well located in that area, currently situated on the outskirts of Makkah. The Prophet ﷺ and the Companions (may Allah be pleased with them) ended their Ihraam (i.e., ritual state of consecration), slaughtered their animal sacrifices in Al-Hudaybiyah, and concluded a peace treaty with the polytheists of Makkah. They agreed to allow Muslims to perform ‘Umrah on the following year, and stipulated a truce between Muslims and the people of Quraysh, and that no arms may be carried by Muslims except their swords, which should be kept in their own cases, and that they must not stay in Makkah beyond the period specified by them. The Prophet ﷺ performed ‘Umrah on the following year, and entered Makkah, in compliance with the terms of the treaty. After spending three days in Makkah, the polytheists commanded the Prophet ﷺ to leave and he did.
It is deduced from the hadeeth that if a person is prevented from performing ‘Umrah, he should end his Ihraam.
It is also inferred from the hadeeth that it is allowable to conclude a peace treaty with the disbelievers and conduct political and military agreements with them for the benefit of Muslims.
It is also deduced that Muslims must abide by their agreements and covenants with the non-Muslims.
.

2703

Narrated Anas (may Allah be pleased with him) that Al-Rabee‘, the daughter of Al-Nadhr, broke the front tooth of a girl, and the relatives of Al-Rabee‘ requested the girl's relatives to accept the Arsh (i.e., restitution, money paid in compensation for bodily injury, wounds, harm … etc.) and forgive her, but they refused. So, they went to the Prophet ﷺ who ordered them to establish retaliation. Anas ibn Al-Nadhr (may Allah be pleased with him) asked, "O Allah’s Messenger! Will the front tooth of Al-Rabee‘ be broken? No, by Him Who has sent you with the Truth, her tooth will not be broken!" The Prophet ﷺ said, "O Anas! Allah, Exalted is He, ordains Qisaas (i.e., retribution)." Afterward, the relatives of the girl agreed and forgave Al-Rabee‘. The Prophet ﷺsaid, "There are some servants of Allah were they to swear by Allah, Exalted is He, (that something would happen), He will certainly make it happen.” Anas (may Allah be pleased with him) added, "They agreed and accepted the Arsh."
.

Commentary :
The Islamic Laws of Islam specified the penalties designated for causing bodily injury and harm, and gave the victim the choice between taking retribution by afflicting an equal bodily injury on the offender, or pardoning and forgiving him.
In this hadeeth, Narrated Anas ibn Maalik (may Allah be pleased with him) that Al-Rabee‘, the daughter of Al-Nadhr (may Allah be pleased with her) broke the front tooth of a girl, and the relatives of Al-Rabee‘ requested the girl's relatives to accept the Arsh (i.e., restitution, money paid in compensation for bodily injury, wounds, harm … etc.) and forgive (the offender), but they refused. Arsh Al-‘Ayb refers to the compensation for a defect that is payable by the seller to the buyer if the latter discovered a defect in the purchased commodity. In the context of offence and criminal injuries, the Arsh is similar in essence, because it compensates for the physical defect (damage) caused. The girl’s relatives refused to accept the Arsh and forgive Al-Rabee‘. They went to the Prophet ﷺ, and referred their dispute to him, and he ﷺ ordered them to establish equivalent retribution. Her brother, Anas ibn Al-Nadhr (may Allah be pleased with him) asked, "O Allah’s Messenger! Will the front tooth of Al-Rabee‘ be broken? No, by Him Who has sent you with the Truth, her tooth will not be broken!" The Prophet ﷺ said, "O Anas! Allah, Exalted is He, ordains Qisaas (i.e., retribution)." This entailed that the front tooth of Al-Rabee‘ would be broken. It is noteworthy that his statement was not an objection to the Prophet’s judgment or the relevant Laws of Islam provision, but he (may Allah be pleased with him) rather wanted the Prophet ﷺ to intercede with them, or it was said before he (may Allah be pleased with him) came to know that Allah, Exalted is He, particularly ordains Qisaas in such situations, and he had thought that they were given the choice between the Qisaas or the Diyyah (i.e., blood money).
Afterward, the relatives of the girl agreed, forgave her, and accepted the Arsh. The Prophet ﷺsaid, "There are some servants of Allah were they to swear by Allah, Exalted is He, (that something would happen), He will certainly make it happen,” because he (may Allah be pleased with him) made such an oath aspiring to the grace of Allah, Exalted is He, who knew of his sincerity and keenness, and therefore made what he desired come true. Were these obedient servants and close allies of Allah, Exalted is He, to swear by His name that something should happen, He would certainly make it come to pass.
It is deduced from the hadeeth that it is allowable for the harmed person to pardon the offender, give up his right to the Qisaas, and accept the prescribed compensation.
The hadeeth highlights the merits of Anas ibn Al-Nadhr (may Allah be pleased with him)..

2704

Al-Hasan Al-Basree said:
By Allah, Al-Hasan ibn ‘Alee led large battalions like mountains against Mu‘aawiyah (may Allah be pleased with them). ‘Amr ibn Al-‘Aas said (to Mu‘aawiyah) (may Allah be pleased with them), "I surely see battalions which will not turn back before killing their opponents." Mu‘aawiyah (may Allah be pleased with him) who was really the best of the two men, said to him, "O ‘Amr! If these killed those and those killed these, who would be left with me for the public jobs to manage people’s affairs? Who would be left to care for their women; who would be left to care for their children?" Then Mu‘aawiyah (may Allah be pleased with him) sent two men from Quraysh, who belonged to the tribe of ‘Abd Shams called ‘Abd Al-Rahmaan ibn Sumurah and ‘Abdullah ibn ‘Aamir ibn Kurayz to Al-Hasan (may Allah be pleased with him) and said to them, "Go to this man (i.e. Al-Hasan) and negotiate peace with him and talk and appeal to him." So, they went to Al-Hasan and talked and appealed to him to accept peace. Al-Hasan (may Allah be pleased with him) said, "We, the offspring of ‘Abd Al-Muttalib, have got wealth, and people have indulged in killing and corruption (and only money will appease them)." They said to Al-Hasan (may Allah be pleased with him), "Mu‘aawiyah offers you such-and-such, appeals to you, and entreats you to accept peace." Al-Hasan (may Allah be pleased with him) said to them, "But who will be responsible for what you have said?" They said, "We will be responsible for it." So, whatever Al-Hasan (may Allah be pleased with him) asked they said, "We will be responsible for it for you." So, Al-Hasan concluded a peace treaty with Mu‘aawiyah (may Allah be pleased with them). Al-Hasan (Al-Basree) said: “I heard Aboo Bakr (may Allah be pleased with him) saying, ‘I saw Allah's Messengerﷺon the pulpit and Al-Hasan ibn ‘Alee (may Allah be pleased with them) was by his side. The Prophet ﷺ was looking once at the people and once at Al-Hasan ibn ‘Alee saying, 'This son of mine is a Saiyid (i.e., a noble leader) and may Allah, Exalted is He, make peace between two big groups of Muslims through him.’”.

Commentary :
Reconciliation between disputing Muslims is a religious obligation required of whoever is able to do so. Al-Hasan ibn ‘Alee ibn Abee Taalib (may Allah be pleased with them) gave us the greatest and finest example of sacrificing his own rights for the sake of reconciliation between the disputing Muslims during the Fitnah (i.e., civil strife) between the Companions (may Allah be pleased with them).
In this hadeeth, Al-Hasan Al-Basree swore by the name of Allah, Exalted is He, that Al-Hasan ibn ‘Alee (may Allah be pleased with them) led large battalions, as big as mountains, against Mu‘aawiyah (may Allah be pleased with him). This could also be a metaphor for strength and power. The battalions led by Al-Hasan ibn ‘Alee (may Allah be pleased with them) were supposed to fight the army of Mu‘aawiyah (may Allah be pleased with him) in fulfillment of the purposes that ‘Alee ibn Abee Taalib (may Allah be pleased with him) sought to achieve during his reign by fighting the people of Shaam under the leadership of Mu‘aawiyah (may Allah be pleased with him). After ‘Alee (may Allah be pleased with him) was killed, his son, Al-Hasan (may Allah be pleased with him), led the battalions and marched to realize the objectives after which his late father sought.
‘Amr ibn Al-‘Aas said to Mu‘aawiyah, urging him to fight Al-Hasan (may Allah be pleased with them), "I surely see battalions,” of brave soldiers, “which will not turn back before killing their opponents." The Arabic word used in the narration is Aqraan, lit. peers or counterparts, and it refers to rivals who have equal courage and military power. The narration goes on, “Mu‘aawiyah (may Allah be pleased with him) who was really the best of the two men said to him, ‘O ‘Amr! If these killed those and those killed these, who would be left with me for the public jobs to manage people’s affairs? Who would be left to care for their women; who would be left to care for their children?’” He (may Allah be pleased with him) meant that the death of their (husbands and) fathers would mean their loss. Al-Hasan Al-Basree’s saying, “who was really the best of the two men,” means that Mu‘aawiyah (may Allah be pleased with him) was better than ‘Amr (may Allah be pleased with him) in this situation because ‘Amr had a much more intense dispute with Al-Hasan and was determined to fight him, whereas Mu‘aawiyah wanted to make peace to prevent bloodshed and preserve Muslims’ lives.
Therefore, Mu‘aawiyah (may Allah be pleased with him) sent two men from Quraysh, who belonged to the tribe of ‘Abd Shams called ‘Abd Al-Rahmaan ibn Sumurah (may Allah be pleased with him) and ‘Abdullah ibn ‘Aamir ibn Kurayz, who was said to have seen the Prophet ﷺ, to Al-Hasan (may Allah be pleased with him) saying to them, "Go to this man (i.e. Al-Hasan) and negotiate peace with him," so that bloodshed could be averted, “and talk and appeal to him,” meaning ask him to give up his right to the caliphate and pass the reins to Mu‘aawiyah (may Allah be pleased with him) instead, and give him whatever he may ask for in return. So, they went to Al-Hasan (may Allah be pleased with him) and talked and appealed to him to accept peace. Al-Hasan (may Allah be pleased with him) said to the two messengers, "We, the offspring of ‘Abd Al-Muttalib, have got wealth,” meaning that the offspring of ‘Abd Al-Muttalib have always been noble and innately generous towards their family and freed slaves, and have always assumed leadership of their people until it became a habit for them, “and people have indulged in killing and corruption (and only money will appease them)." He (may Allah be pleased with him) wanted to eliminate the causes of strife and conflict, and give the money to those whose evil urges and corruption would not be curbed except with it.
They said to Al-Hasan (may Allah be pleased with him), "Mu‘aawiyah offers you such-and-such,” i.e., money, sustenance, and clothes, “and appeals to you and entreats you to accept peace." Al-Hasan (may Allah be pleased with him) said to them, "But who will be responsible for what you have said?" They stated that they would be responsible for it, and would ensure the compliance with the terms that he would stipulate to make peace between Muslims. Whatever Al-Hasan (may Allah be pleased with him) asked they said, "We will be responsible for it for you." So, Al-Hasan concluded a peace treaty with Mu‘aawiyah (may Allah be pleased with them), putting the best interests of Islam and Muslims before his own.
Al-Hasan Al-Basree related that Aboo Bakrah Nufay‘ ibn Al-Haarith Al-Thaqfee (may Allah be pleased with him) saw Allah's Messengerﷺon the pulpit and Al-Hasan ibn ‘Alee (may Allah be pleased with them) was by his side. The Prophet ﷺ was looking once at people and once at his young grandson, Al-Hasan ibn ‘Alee (may Allah be pleased with them), saying, 'This son of mine is a Saiyid (i.e., a noble leader) and may Allah, Exalted is He, make peace between two big groups of Muslims through him.’ The Prophet ﷺ foretold the conflict between Mu‘aawiyah and Al-Hasan (may Allah be pleased with them) over the caliphate, for it did not take them out of the fold of Islam. This year was called the year of Jamaa‘ah (unity), since Muslims were united again and there was an end to the conflict and civil strife.
The hadeeth highlights a sign of prophethood.
It also underlines the merits of Al-Hasan ibn ‘Alee (may Allah be pleased with them).
It is deduced from the hadeeth that it is allowable to make peace with an opponent with money to satisfy the rights of those to whom they are due.
It is also inferred therefrom that messengers should be allowed to convey their messages freely, and must not be harmed.
It is also deduced that the imamate of a less eligible ruler over a more eligible one is valid.
It is also inferred that the leadership of people is earned by those who benefit people, because the Prophet ﷺ conditioned leadership on making peace between disputing people.
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2705

‘Aa’ishah (may Allah be pleased with him) narrated:
Once Allah's Messengerﷺ heard the loud voices of some opponents quarreling at the door. One of them was appealing to the other to deduct his debt and asking him to be lenient but the other was saying, "By Allah, I will not do so." Allah's Messengerﷺ went out to them and said, "Who is the one who was swearing by Allah that he would not do a good deed?" That man said, "I am that person, O Allah's Messengerﷺ! I will give my opponent whatever he wishes."
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Commentary :
A creditor is urged to be lenient towards the debtor (in claiming the repayment), and such leniency counts as an act of kindness and a good deed for him. No Muslim should miss out on this (rewardable) good deed and deny himself such reward. Highlighting this meaning, the Mother of the Believers ‘Narrated Aa’ishah (may Allah be pleased with her) that once Allah's Messengerﷺ heard the loud voices of some opponents quarreling at the door. A debtor was asking a creditor to deduct part of the debt and show him some leniency in claiming the repayment, but the creditor refused. He said, "By Allah, I will not do so,” meaning that he would not fulfill his request by reducing the debt or showing him leniency in claiming its repayment. When Allah's Messengerﷺ heard him swear by Allah, Exalted is He, not to do so, he ﷺ went out to them and said, "Who is the one who was swearing by Allah that he would not do a good deed?" The Arabic word used in the hadeeth is Muta’alee, which denotes placing much emphasis on one’s oath. The Prophet ﷺ rebuked such a person for refraining from doing a good deed by fulfilling this debtor’s request. That man said, "I am that person, O Allah's Messengerﷺ! I will give my opponent whatever he wishes,” meaning that he was willing to give him whatever he wanted, reducing the debt or showing more leniency in claiming its repayment and giving him respite until he was able to repay.
The hadeeth urges creditors to show kindness to debtors by writing off part of the debt.
It also warns against making oaths not to perform good deeds.
It highlights the Companions’ reverence for the Prophet ﷺ and their keenness to hasten to his obedience.
It also underlines how the Companions (may Allah be pleased with them) quickly understood what the Prophet ﷺ wanted, their swift compliance with his commands and prohibitions, and their keenness to perform good deeds.
It also encourages the forgiveness and pardon of the verbal abuses between quarrelers and disrespectfully raising one’s voice before the ruler.
It is also inferred therefrom that a debtor is allowed to ask the creditor to write off part of the debt.
It is also deduced that one may intercede with people to whom rights are due in favor of others, and that they are urged to accept the intercession in what is good and permissible.
It is also inferred from the hadeeth that a ruler may interfere personally to make peace between disputing people..

2708

‘Urwah ibn Al-Zubayr narrated that Al-Zubayr (may Allah be pleased with him) told me that he quarreled once with a man from the Ansaar, who had participated in (the battle of) Badr, in front of Allah's Messengerﷺ about a water stream which both of them used for irrigation. Allah's Messengerﷺ said to Al-Zubayr (may Allah be pleased with him), "O Zubayr! Irrigate (your garden) first, and then let the water flow to your neighbor." The man from the Ansaar became angry and said, "O Allah's Messengerﷺ! Is it because he is your cousin?" On that the complexion of Allah's Messengerﷺ changed (because of anger) and he said (to Al-Zubayr), "Irrigate (your garden) and then withhold the water till it reaches the walls (surrounding the palms)." So, Allah's Messengerﷺ gave Al-Zubayr his full right. Before that, heﷺ had given a generous judgment beneficial for both Al-Zubayr and the man from the Ansaar, but when the latter irritated Allah's Messengerﷺ, he gave Al-Zubayr his full right according to the essence of Laws of Islam provisions. Al-Zubayr (may Allah be pleased with him) said, "By Allah, I think the following ayah was revealed concerning that case (which means): {But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.} [Quran 4:65]

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Commentary :
The Prophet ﷺ was the Imaam, ruler, and judge of Muslims,and adjudicated and settled the disputes between them.
In this hadeeth, Al-Zubayr ibn Al-‘Awwaam (may Allah be pleased with him) narrated that he once quarreled with a man from the Ansaar who had participated in (the battle of) Badr. The man referred the dispute - over a water stream in Al-Harrah that was used by both of them for irrigation - to Allah's Messengerﷺ. Al-Harrah was an open area with black stones,on the outskirts of Al-Madeenah. They both used to irrigate their gardens from this water stream; the water would run through Al-Zubayr’s garden first and then the other man’s. Al-Zubayr (may Allah be pleased with him) used to block the water until he had irrigated his garden, and then allow it to flow and reach his neighbor’s garden. The Prophet ﷺ commanded Al-Zubayr to reasonably irrigate his garden first, and then let the water flow to his neighbor’s garden, but the man from the Ansaar became angry and said, "O Allah's Messengerﷺ! Is it because he is your cousin?" He was referring to the fact that Al-Zubayr was the son of Safiyyah bint ‘Abd Al-Muttalib (may Allah be pleased with them) and suggested that the Prophet ﷺ judged in his favor because he was his relative! Thereupon, the complexion of Allah's Messengerﷺ changed, because of anger which was written all over his face, given this man’s disrespect for the Messenger of Allah ﷺ and his heinous accusation. It should be noted that it was a mere slip of the tongue on part of the man (may Allah be pleased with him). He ﷺ said (to Al-Zubayr), "Irrigate (your garden) and then withhold the water till it reaches the walls (surrounding the palms),” meaning until he (may Allah be pleased with him) had finished irrigating the whole garden. Thus, Allah's Messengerﷺ gave Al-Zubayr his full right.
Before that, Allah's Messengerﷺ had given a generous judgment that was beneficial for both Al-Zubayr and the man from the Ansaar, out of courtesy, and to settle their dispute peacefully, suggesting that Al-Zubayr should irrigate his garden by taking the least amount of water sufficient for irrigation and then allow it to flow to his neighbor’s garden. However, when the man refused and irritated Allah's Messengerﷺ, he gave Al-Zubayr his full right according to the relevant Laws of Islam provisions. It goes without saying that the Prophet ﷺ did not let his anger drive him to undermine this man’s rights or give Al-Zubayr more than what he was entitled to at the expense of his neighbor.
Al-Zubayr (may Allah be pleased with him) said, "By Allah, I think the following ayah was revealed concerning that case (which means): {But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.} [Quran 4:65].
In the ayah, Allah, Exalted is He, swears by His name that no one truly believes unless he accepts the Prophet ﷺ as judge to settle all disputes and would be perfectly content with his judgment, hasten to comply with it and submissively adhere to it. This serves as a reprimand from Allah, Exalted is He, to those who do not seek the judgment of His Messenger ﷺ, negating (the perfection of) their faith until they should be content with his judgment.
It is deduced from the hadeeth that a ruler may pass his judgment based on what he believes to be the truth based on clear evidence, after urging the litigants to opt for reconciliation and the refusal of any of them.
The hadeeth urges Muslims to follow the example of the Prophet ﷺ at times of anger and contentment, and in all situations.It encourages a believer to restrain his anger, keep it in check, refrain from allowing it to drive him to infringe on the rights of others and wrong them, and rather to opt for forgiveness and pardon.
The hadeeth also urges Muslims to seek reconciliation and commands them to do so.
It is inferred therefrom that a ruler may give each litigant his right in full if the litigants refuse to reconcile or accept his proposal of a possible middle way.
It also rebukes whoever disrespects the ruler and governor and punish him accordingly without wronging him.

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2710

‘Abdullah ibn Ka‘b narrated that Ka‘b ibn Maalik (may Allah be pleased with him) told him that during the lifetime of Allah's Messengerﷺ, he demanded his debt from Ibn Abee Hadrad (may Allah be pleased with him) in the Mosque. Their voices grew louder till Allah's Messengerﷺ heard them while he was in his house. So, he ﷺ lifted the curtain of his room and called on Ka‘b ibn Maalik (may Allah be pleased with him) saying, "O Ka‘b!" He (may Allah be pleased with him) replied, "Labbayka (i.e., I am at your service), Allah's Messengerﷺ.”He ﷺ beckoned to him with his hand suggesting that he deduct half the debt. Ka‘b (may Allah be pleased with him) said, "I will do, O Allah's Messengerﷺ!” He ﷺ then said (to Ibn Abee Hadrad), "Get up and pay him the rest."
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Commentary :
The Islamic Laws of Islamdecreed that a debtor should keenly repay his debts in full and honor his commitments, and also enjoins the creditor to be kind and lenient towards the debtor.
In this hadeeth, Ka‘b ibn Maalik (may Allah be pleased with him)said that during the lifetime of the Prophet ﷺ, he demanded the repayment of his debt from Ibn Abee Hadrad (may Allah be pleased with him) in the Prophet’s Mosque. Their voices grew louder during their discussion till Allah's Messengerﷺ heard them while he was in his house. Therefore, he ﷺ lifted the curtain of his room and called onKa‘b ibn Maalik (may Allah be pleased with him) saying, "O Ka‘b!" He (may Allah be pleased with him) replied, "Labbayka (i.e., I am at your service), Allah's Messengerﷺ.”He ﷺ beckoned to him with his hand suggesting that he deduct half the debt owed by Ibn Abee Hadrad (may Allah be pleased with him). In compliance with the Prophet’s command, Ka‘b (may Allah be pleased with him) wrote off half the debt. It was not a judgment issued by the Prophet ﷺ for Ka‘b to give up his right to half of the debt, but rather aimed to urge him to show kindness and lenience towards the debtor, and he (may Allah be pleased with him) was not required to do so. He ﷺ then said (to Ibn Abee Hadrad), "Get up and pay him the rest,” meaning the other half of the debt.
The hadeeth highlights the virtue of reconciliation and mediation between the disputing people.
It is deduced from the hadeeth that it is allowable to adjudicate disputes over debts and all financial rights in the mosque and issue the apt judgment.
It is also inferred therefrom that it is permissible for a debtor to ask the creditor to write off part of the debt.
It is also deduced that one may intercede with those to whom rights are due in favor of others, and that they are urged to accept this intercession in what is good and permissible.
It is also inferred from the hadeeth that a ruler may interfere personally to make peace between disputing people..

2711

Marwaan and Al-Miswar ibn Makhramah (may Allah be pleased with them) narrated on the authority of the Companions of Allah's Messengerﷺ that when Suhayl ibn ‘Amr agreed to Al- Hudaybiyah Treaty, one of the terms he stipulated then, was that the Prophet ﷺ should return to them (i.e., the pagans of Quraysh) anyone coming to him from their side, even if he was already a Muslim; and would not interfere between them and that person. Muslims did not like this condition and were very indignant by it! Suhayl did not agree (to conclude the treaty) except with that condition. So, the Prophet ﷺ agreed to that condition and returned Aboo Jandal (may Allah be pleased with him) to his father Suhayl ibn ‘Amr. Thenceforward, the Prophet ﷺreturned everyone in that period (of truce) even if he was a Muslim. During that period some believing women emigrated including Umm Kulthoom bint ‘Uqbah ibn Abee Mu‘ayt (may Allah be pleased with her) who came to Allah's Messengerﷺ and was a young lady then. Her relative came to the Prophet ﷺand asked him to return her, but the Prophet ﷺ did not return her to them for Allah, Exalted is He, had revealed the following ayah regarding women. He Says (what means): {O you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them.} [Quran 60:10]
‘Urwah narrated that ‘Aa’ishah (may Allah be pleased with her) that the Prophet ﷺ used to examine the believing women who migrated to him in accordance with these ayaat. Allah, Exalted is He, Says (what means): {O you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them. But give the disbelievers what they have spent. And there is no blame upon you if you marry them when you have given them their due compensation. And hold not to marriage bonds with disbelieving women, but ask for what you have spent and let them ask for what they have spent. That is the judgement of Allah; He judges between you. And Allah is Knowing and Wise. * And if you have lost any of your wives to the disbelievers and you subsequently obtain [something], then give those whose wives have gone the equivalent of what they had spent. And fear Allah, in whom you are believers. * O Prophet, when the believing women come to you pledging to you that they will not associate anything with Allah, nor will they steal, nor will they commit unlawful sexual intercourse, nor will they kill their children, nor will they bring forth a slander they have invented between their arms and legs, nor will they disobey you in what is right - then accept their pledge and ask forgiveness for them of Allah. Indeed, Allah is Forgiving and Merciful.} [Quran 60:10-12] ‘Urwah narrated that ‘Aa’ishah (may Allah be pleased with her) said: “If any of the believing women accepted the condition (assigned in the above-mentioned ayaat), Allah's Messenger ﷺ would say to her, "I have accepted your Bay‘ah (i.e., pledge of allegiance)." "He ﷺ would only say that orally, for, by Allah, his hand never touched, any lady during that process. He ﷺ did not receive their Bay‘ah except by saying, "I have accepted your Bay‘ah for that.".

Commentary :
The Prophet ﷺ was the keenest to honor his covenants or agreements with others, even those made with the polytheists.
In this hadeeth, the Companions (may Allah be pleased with him) narrated that Suhayl ibn ‘Amr, who was one of the leaders of Quraysh and their preacher - he embraced Islam the same year Makkah was conquered - was the representative of the disbelievers of Quraysh at the Treaty of Al-Hudaybiyah in 6 A.H. One of the terms he stipulated then was that the Prophet ﷺ should return to them (i.e., the pagans of Quraysh) anyone coming to him from their side, even if he was already a Muslim, and would not interfere between them and that person. This meant that if any of the people of Quraysh wanted to embrace Islam and join the Muslims, the Prophet ﷺ was bound to return him to the disbelievers, who would kill him if they wished or do whatever they wanted! Muslims disliked this condition and were very indignant about it! It was very difficult for them to accept such a condition, especially since they were in a strong position and apparently had the right to decline such an unfair condition. However, Suhayl did not agree (to concluding the treaty) except with that condition. So, the Prophet ﷺ agreed to it and returned those who wanted to join the Muslims, one of whom was Aboo Jandal (may Allah be pleased with him), the son of Suhayl ibn ‘Amr, after he (Aboo Jandal) came from Makkah to Al-Hudaybiyah. Thenceforward, the Prophet ﷺreturned whoever came to him during that specified period (of the truce) even if he was a Muslim, in compliance with the agreed-upon term. During that period, some believing women emigrated, including Umm Kulthoom bint ‘Uqbah ibn Abee Mu‘ayt (may Allah be pleased with her), who came to Allah's Messengerﷺ and was a young lady then, meaning that she had recently reached puberty. Her relative came to the Prophet ﷺand asked him to return her, but the Prophet ﷺ did not return her to them, for Allah, Exalted is He, had revealed the following ayah regarding women. He Says (what means): {O you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them.} [Quran 60:10]. Testing them here meant asking them to take an oath and consider the indicative signs that they most likely had embraced Islam, to verify the sincerity of their faith.
It was also said that the meaning of their examination is to ask them to swear an oath that they did not leave their people to escape their hated husbands, merely sought migration to a different land, or to obtain some worldly gains, and ensure that they came only out of their love for Allah, Exalted is He, and His Messenger ﷺ.
The Mother of the Believers ‘Narrated Aa’ishah (may Allah be pleased with her) that the Prophet ﷺ used to examine the believing women who migrated to him in accordance with these ayaat. Allah, Exalted is He, Says (what means): {O you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them. But give the disbelievers what they have spent. And there is no blame upon you if you marry them when you have given them their due compensation. And hold not to marriage bonds with disbelieving women, but ask for what you have spent and let them ask for what they have spent. That is the judgement of Allah; He judges between you. And Allah is Knowing and Wise. * And if you have lost any of your wives to the disbelievers and you subsequently obtain [something], then give those whose wives have gone the equivalent of what they had spent. And fear Allah, in whom you are believers. * O Prophet, when the believing women come to you pledging to you that they will not associate anything with Allah, nor will they steal, nor will they commit unlawful sexual intercourse, nor will they kill their children, nor will they bring forth a slander they have invented between their arms and legs, nor will they disobey you in what is right - then accept their pledge and ask forgiveness for them of Allah. Indeed, Allah is Forgiving and Merciful.} [Quran 60:10-12]. The ayaat referred to their pledge of allegiance to refrain from associating partners with Allah, Exalted is He, stealing, committing Fornication (i.e., illicit sexual intercourse), or falsely attributing their illegitimate children to their husbands. It was also said that His Saying {between their arms,} means their tongues, and {and legs,} means their private parts. They had also to pledge not to disobey the Prophet ﷺ in whatever is lawful and good. It was said that this referred particularly to wailing over the dead, and it was also said that it referred to staying alone with non-Mahram men. Another opinion suggested that it referred to all the known rights of Allah, Exalted is He, over His servants.
Afterward, ‘Narrated Aa’ishah (may Allah be pleased with her) that whoever from among the believing women accepted these conditions, Allah's Messenger ﷺ said to her, "I have accepted your Bay‘ah (i.e., pledge of allegiance)." She (may Allah be pleased with her) swore by Allah that the Prophet’s hand never touched any lady during that process. It was done verbally since the Prophet ﷺ only shook the hands of men who gave him the Bay‘ah.
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2721

‘Uqbah ibn ‘Aamir (may Allah be pleased with him) narrated that the Prophet ﷺ said, "From among all the conditions which you have to fulfill, the conditions which make it lawful for you to have sexual relations (i.e., stipulated in marriage contracts) have the greatest right to be fulfilled."
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Commentary :
The believers are Islamically bound by their own conditions, and it is incumbent on a Muslim to comply with every condition that conforms with the Book of Allah, Exalted is He, and the Sunnah of His Prophet ﷺ, and does not conflict with them.
In this hadeeth, the Prophet ﷺ informed us that the first and foremost of these conditions, and the most deserving of fulfillment is the one by means of which sexual intercourse is deemed lawful. This means the conditions stipulated in marriage contracts whereby it becomes lawful for a man to engage in sexual intercourse with his wife. This is why such conditions were declared the most deserving of fulfillment (considering the solemnity of the marriage bond).
It is noteworthy that such conditions must not contradict the essence and implications of the marriage contract to begin with. Rather, they must be within the scope of what a marriage contract entails and aims to fulfill, such as stipulating fostering kindness, providing for one’s wife, providing her with clothes and accommodation within what is reasonably and customarily acceptable, fulfilling her rights over him, establishing justice among co-wives, or stipulating that she must not leave his home without his permission, that she must not disobey him, observe voluntary fasting without his permission, or does not allow anyone access to his home without his permission, dispose of his wealth and belongings except in a manner acceptable to him, and the like. However, this does not apply to the conditions that conflict with the very essence and implications of marriage, such as stipulating that the wife must not take a dower or that a husband is not required to provide for her and the like; such conditions must be broken. These conditions are invalid and if they are cancelled, the marriage contract would be valid, for the Prophet ﷺ said: “Every condition that is not in the Book of Allah is invalid, even if there are one hundred conditions. The Book of Allah is more deserving of being followed and the conditions of Allah, Exalted is He, are more binding.” [Al-Bukhaaree and Muslim].
The hadeeth urges the fulfillment of marital rights..

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

Umm Kulthoom bint ‘Uqbah (may Allah be pleased with her) narrated that she heard Allah's Messengerﷺ saying, "He who makes peace between disputing people by inventing good information or saying good things, is not a liar (i.e., he does not bear a sin for it).”
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‘Narrated Aa’ishah (may Allah be pleased with her) that Allah's Messengerﷺ said, "If somebody innovates something which has no basis in our religion, such innovation is rejected."
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‘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

Umm Kulthoom bint ‘Uqbah (may Allah be pleased with her) narrated that she heard Allah's Messengerﷺ saying, "He who makes peace between disputing people by inventing good information or saying good things, is not a liar (i.e., he does not bear a sin for it).” .

‘Narrated Aa’ishah (may Allah be pleased with her) that Allah's Messengerﷺ said, "If somebody innovates something which has no basis in our religion, such innovation is rejected." .

‘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..

Umm Kulthoom bint ‘Uqbah (may Allah be pleased with her) narrated that she heard Allah's Messengerﷺ saying, "He who makes peace between disputing people by inventing good information or saying good things, is not a liar (i.e., he does not bear a sin for it).”
.

‘Narrated Aa’ishah (may Allah be pleased with her) that Allah's Messengerﷺ said, "If somebody innovates something which has no basis in our religion, such innovation is rejected."
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