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1- BOOK OF MARRIAGE (43 topics)
TOPIC 1-Merit of marriage and encouragement for it
(1082)-Sayyidina Abu Ayyub reported Allah’s Messenger as saying, “Four things are from the SUNNAH of the Prophets; those are modesty, perfume, siwak and marriage.” [Ahmed 23641]
(1083)-Sayyidina Abdullah ibn Mas’ud (RA) narrated that we went out with Allah’s Messenger (PBUH) while we were young men and we were unable to do anything (that is we could not even afford marriage). He said, “O Group of young men! It is incumbent that you marry for it protects the eye and the private part. And that among you who cannot marry, let him fast for fasting dries up (lust).” [Ahmed 4023, Bukhari 1905, Muslim 1400, Abu Dawud 2046, Nasai 3206, Ibn e Majah 1845]
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Marriage has two aspects; one is that it is an agreement between a man and a woman and the other is that it is a relationship of love; these two matters relate to ADL (Law) and EHSAAN (Natural good tendency) respectively. The difference of ADL and EHSAAN becomes evident here by the fact that the woman is not necessarily responsible for cooking food for her husband by the teachings of Islam yet at the level of EHSAAN, Islam asks her to do it without any complaint as routine. For the man it is one of the matters of life yet for the woman (if she wants to live as one of the most pious persons and marries such man who recognizes the true aim of life that is to worship Allah only), it is the life itself. The man is allowed by Islam to keep four woman at one time in his marriage; he would care for their physical needs (food, water, clothing and shelter; these are said as the basic necessities in H-2348) and for their spiritual need of understanding the Truth as told in the Holy Book Quran; yet the better thing for the ordinary Muslim man is to take one wife only for life as in these current times it is better for the man to take as less responsibility in all worldly matters as possible so that his efforts remain to the Islamic practice; however, if he does have the resources and the good capability then the better thing for him is to marry two of women at-least as that would diminish many of social issues that the Muslim women do face today; with less of the liability upon him, he would be able to call people towards the practice of Islam as much as possible. That certainly asks for ample time and less responsibility with care only for the subsistence; marriage comes into this context only if totally necessary where a man feels highly vulnerable to shameful deeds. The notable thing is that the Islamic Teachings take the marriage highly preferable for such Muslim men who feel highly troubled with specific feelings towards women; it keeps the Muslim man safe from shameful sins. Ahadith at the topic point this out here yet if the good control over such feelings is totally possible with no inclination practically towards unrelated women even for some conversation to them then it is better for men to marry in thirties and for that matter, late-thirties is even better; they would take-up SAUM (fasting) as much as possible. Except for the school of ABU-HANIFA (that values the EHSAAN side of marriage more than the side of ADL) other IMAMS prefer the late marriage. This HANAFI Stance did cause a rise in the population of those SUNNI Muslims who belong to the HANAFI School and mostly inhabit Afghanistan, Pakistan, India and Bangla-Desh yet we Muslims are much more in need of quality that we all do become practicing Muslims today, rather than having increase in quantity though in the normal circumstance even quantity would have been a merit to Muslims (as then it would not have been without quality). Islamic Teachings value the weight in character rather than the count of heads; it is said in the Holy Book Quran, “Say: The bad and the good are not equal though the abundance of the bad might attract you; so be careful of (your duty to) Allah, O men of understanding, that you may be successful” (5:100).
TOPIC 2-About abstaining from marriage
(1084)-Sayyidina Samurah reported that the Prophet (PBUH) disallowed celibacy. [Nasai 3211, Ibn e Majah 18491]
(1085)-Sayyidina Sa’d ibn Abu Waqqas reported “Allah’s Messenger denied Uthman ibn Maz’un permission to observe celibacy. If he had permitted him, then, indeed, we would have had ourselves castrated.” [Ahmed 1516, Muslim 1402, Bukhari 5073, Nasai 3209, Ibn e Majah 1848]
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Islam asks the man (and also the woman) to live as a good person with morals and character seeing to the ordinary business of life in the normal circumstance. Even in exra-ordinary circumstances that might be challenging to Islamic way of life, it is not preferable to leave-out the marriage though such omission is not disallowed for the Muslim man who has complete control of his emotions towards women. Note that though the man might take-up few limited ways to stop his wives from pregnancy temporarily when that seems necessary; he might avoid the nearness to them with their consent or he might take up such nearness at times where the chances are much lesser to pregnancy with their consent; at the lesser degree, he might opt for AZL (coitus interruptus) with their consent; they must not take-up such ways as to cause permanent blockade of pregnancy to their wives. Also note that women are disallowed to take-up ways to avoid pregnancy strictly by Islam but some ULAMA do allow avoidance when it is “most probable” that she would die at the child-birth; note that Islam being the natural tendency of human-beings higly appreciates the natural role of men to earn the bread and of women to bear and rear the children.
TOPIC 3-About marrying the best from religious angle
(1086)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, “When a man proposes marriage and you are pleased with his religion and his character then marry (your daughter) to him. If you do not do it then there would be mischief on earth and much corruption.” [Ibn e Majah 1967]
(1087)-Sayyidina Abu Hatim Muzani narrated that Allah’s Messenger (PBUH) said, “When a man with whose religious inclination and character you are satisfied comes to you, marry (your daughter) to him. Unless you do it, there would be mischief on earth, and corruption.” They asked, “O Messenger of Allah (PBUH) even though he has nothing?” He said (again), “When comes to you one with whose religion and character you are pleased, marry him.” He repeated these words three times.
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In Islam, the father has the authority to marry his un-married daughter though he must take her approval for the man he chooses for her and he must see to the responsibility to marry her to such man who has the ability to provide for her spiritual and physical needs. However, if the man is most worthy in character by the Islamic standard though not much capable in worldly matters yet just capable to manage them to the level of necessity then he certainly is one of the most suitable candidates whom the father must consider favorably.
TOPIC 4-About looking at the fiancé
(1089)-Sayyidina Mughirah ibn Shu’bah (RA) said that he proposed to a woman. So, the Prophet (PBUH) said to him, “Look at her. That would strengthen your love for one another.” [Ahmed 18160, Nasai 3232, Ibn e Majah 1865]
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TOPIC 5-One who seeks 3 characteristics before marrying
(1088)-Sayyidna Jabir (RA) reported that the Prophet (PBUH) said, “A woman is married for her religion, her wealth or her beauty. So, it is upon you that you pick one for religion; may your hands be dusty.” [Ahmed 14310, Muslim 715, Nasai 3223, Ibn e Majah 1860]
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It is allowed to see and even have some conversation with the woman a man has proposed. Although it might seem strange yet at those times the proposal was made only to the father for her unmarried daughter whom the man might have not seen properly before the proposal. Even today this is the most preferable attitude for the Muslim man that he asks the father of the lady he intends to marry, to give her in his marriage though he might never have seen her before; note that men are commanded to keep their gaze downwards to the ground when they have to converse to the unrelated woman necessarily (see Surah NOOR, verse being 30); and this interesting guidance is glaring example of what an important place HEJAB occupies in the Islamic environment. The other Hadith here at the topic tells us that as the father must take care that the man has high morals and good character in accordance with Islam, the man also must seek such spiritual beauty in the woman too that keeps her to Islam at all times and places; if she has some physical beauty too or has some wealth too in her name (that she might extend as long-term loan to him if he does need it), that would only be bonus to him yet he must not marry her for any reason other than her spiritual beauty. The Prophet PBUH used the expression "May your hands become dusty" in different ways and here, it means that my wish for you is that you might have desire for a pious woman.
TOPIC 6-About announcing the marriage
(1090)-Sayyidina Muhammad ibn Hatib al-Jumahi (RA) narrated that Allah’s Messenger (PBUH) said, “The division between the lawful and the unlawful lies in the daff (tambourine) and the voice” (which is the announcement). [Ahmed 15451, Nasai 3366, Ibn e Majah 1896]
(1091)-Sayyidah Ayshah narrated that Allah’s Messenger (PBUH) said, “Publicise these marriages, conduct them in mosques, and beat the dufuf (tambourines) to announce them.”
(1092)-Sayyidah Rubbayyi bint Mu’awwiz ibn Afra (RA) narrated that Allah’s Messenger (PBUH) came to me on the morning after the first night of my marriage. He sat down on my bed just as you are now sitting with me while our female slaves were playing the daff and recited eulogies about our ancestors who were martyred at Badr till one of them recited, ‘And among us is the Prophet (PBUH) who knows about the tomorrow’. So, he said to her, “Observe silence from that, but say that which you had been saying before this.” [Ahmed 27089, Bukhari 4001, Abu Dawud 4922, Ibn e Majah 1897]
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Marriage, in truth, is the matter that relates to Announcement, Responsibility and Trust. Taking the initials of these, it certainly is an ART to make things at home run smoothly. It certainly is also a matter that asks for high affection between the couple; when a man marries a woman, he commits to take the woman as the partner to his life whatever comes then, unless he truly has no option left. There might be one or two musical instruments to announce the marriage, the voice of which remains confined to the boundary of the home-area while girls of the family (that actually have no inclination towards singing) sing at this occasion of the marriage, strictly in their own gathering then such conditional attitude at this specific occasion is fine to tolerate by the Islamic Morality; please note well that this is not the general attitude and even at the marriage, it does not occur without conditions; Islam is highly strict in matters of HIYA (the natural strong tendency that the woman, all of them, has inside her of avoidance of all shameful things since her birth to all times ahead). The Muslim men also must care for the HIYA of the Muslim women firmly at all such occasions and if this spiritual quality of HIYA develops even in a man, it is not something abnormal to him; it makes him one of the most virtuous persons.
TOPIC 7-What is said to the married (couple)
(1093)-Sayyidina Abu Hurayrah (RA) reported that when a man married, the Prophet (PBUH) would say to him, “May Allah bless you and bless it for you and may He join you with goodness!” [Ahmed 8965, Abu Dawud 2130, Ibn e Majah 1905]
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TOPIC 8-Supplication at the time of cohabition
(1094)-Sayyidina Ibn Abbas (RA) reported that Allah’s Messenger said, “When one of you approaches his wife, he must say ‘in the name of Allah! O Allah! Cause us to keep away from the devil and keep the devil off from what you provide us’. Then if Allah has decreed a child for them, the devil will not harm him.” [Ahmed 1908, Bukhari 5165, Muslim 1434, Abu Dawud 2161, Ibn e Majah 1919]
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Islamic teachings ask to make DUA (supplication) to Allah even at this specific occasion of nearness to the wife as that would cause satanic influence to keep away from any off-spring that comes by it. It is to ask Allah in the most simple manner to protect the act from satanic intrusion and to protect the child that comes by that act; Al-Hamdu Lillah. The elders of both the families must make DUA to Allah for both of them to receive the mercy and to receive the blessing of Allah in their lives ahead.
TOPIC 9-The hours when it is Mustahab to marry
(1095)-Sayyidah Ayshah (RA) said, “Allah’s Messenger married me in Shawwal and consummated his marriage with me in Shawwal.” Hence she liked for her friends to get married in Shawwal. [Muslim 1423, Nasai 3233, Ibn e Majah 1995]
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Due to this Hadith at the topic, ULAMA have taken SHAWWAL the best of lunar months to marry; this is the tenth lunar month and it comes just after RAMADHAN when at its first day, Muslims celebrate the EID to thank Allah for the provision of SAUM (fasting) at RAMADHAN. The best of timing to the dot for the marriage is the time of ASR (little more than an hour before sunset) at any Friday in the month of SHAWWAL; the second best of the lunar months for the marriage is probably the sixth lunar month, JAMADU-THANI.
TOPIC 10-About the Walimah (the wedding feast)
(1096)-Sayyidina Anas ibn Malik narrated Allah’s Messenger observed the trace of yellow on Abdur Rahman ibn Awf (RA) and asked, “What is it?” He said, “I have married a woman for the weight of nawah in gold.” He said, “May Allah bless you. Give a wedding feast, even with a sheep only.” [Ahmed 13369, Bukhari 5155, Nasai 3370, Muslim 1427, Ibn e Majah 1907]
(1097)-Sayyidina Anas ibn Malik (RA) reported that the Prophet (PBUH) gave a wedding-feast for (his marriage with) Safiyah bint Huyyayi with Sawiq and dates. [Ahmed 12079, Abu Dawud 3744, Ibn e Majah 1909]
(1098)-Muhammad ibn Yahya also reported from Humayd who from Sufyan a Hadith similar to this.
(1099)-Sayyidina Ibn Mas’ud (RA) reported that Allah’s Messenger (PBUH) said, “The meal on the first day is right. The meal on the second day is Sunnah and the meal on the third day is ostentatious. So, if anyone makes that heard then Allah will make him heard.”
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There are three customary things that comprise the ceremony of marriage; these are the proposal given that might be given by the family of any side to the other though in general it is given by the family of the young man, the second is acceptance by both the man and the woman in getting into marriage with each other that is the essence of these things and the third is VALIMAH that is the foodstuff to the people attending the occasion that is provided by the young man getting married; better to give it in the seven days maximum of marriage and within couple of days is the best; and better to give it separately for men and for women by the difference of timing or by the difference of places. Note that the man must provide the MEHR (amount of money that is the right of the young woman which she had asked to marry the man and that amount might be very high if she feels appropriate to take that from him) to the girl he is taking into his marriage as soon as possible; other gatherings are waste of time and money. I, MSD, pray that Allah guides all Muslim persons especially the Muslim women to keep strictly to the Islamic Teachings caring highly about HEJAB even at occasions of marriages, picnics and cheerful gatherings where emotions run high; certainly, He has the True Strength to put everything right pardoning us all and extending mercy to us all for He is TAWWAB (the Most Forgiving One) and RAHIM (the Most Merciful One); Al-Hamdu Lillah.
TOPIC 11-About accepting an invitation
(1100)-Sayyidina Ibn Umar (RA) reported that Allah’s Messenger (PBUH) said, “Accept the invitation when you are invited.” [Ah 4730, Bukhari 2129, M 1429, AD 3736, Ibn e Majah 1914]
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TOPIC 12-About the un-invited
(1101)-Sayyidina Abu Mas’ud (RA) narrated that a man called Abu Shu’ayb came to his slave called Lahham and said to him, “Prepare for me a meal that would suffice five people, for I see signs of hunger on the face of Allah’s Messenger (PBUH).” So, he prepared the food. After that, he sent him to the Prophet and invited him and those sitting with him. When the Prophet (PBUH) stood up, a man who had not been with him when he was invited followed him. So, when he came to the door, he said to the owner of the house, “A man who was not with us at the time of invitation has followed us; he would come if you permit him.” He said, “Indeed, we permit him.” So, he entered. [Ahmed 14807, Nasai 2081, Muslim 2036]
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Muslims must accept invitations of each other for meals especially where it seems clear that the inviter has asked to the meal with the the good intention to unite ties of good relations and not because of the pressure of customs. However, the inviter and the invited must see that nothing adverse to Islamic Teachings take place; if such adversity is obvious with the inviter forced to occasion or the inviter is not much conscious to some obvious adversity at the occasion while the invited person has the potency to omit the occasion, he needs to do so without fail.
TOPIC 13-About marrying a virgin
(1102)-Sayyidina Jabir ibn Abdullah (RA) narrated that I married a woman and then came to the Prophet PBUH. (Having known about my marriage) he asked, “Have you married, O Jabir?” I said, “Yes!” He asked, “A virgin or a widow?” I said, “Rather, a widow.” He said, “Why not a young girl? You would have played with her and she would have, with you.” I said, “O Messenger of Allah! Indeed Abdullah has died and left behind seven daughters, or nine. So, I took one such woman who may look after them.” So, he prayed for me. [Ahmed 14966, Bukhari 5367, M 715, Nasai 3216]
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It is interesting to note that in those days people took their father’s name with ease and that was not taken as adverse to their respect; here Jabir has taken his father’s name with total ease and called his sisters as the daughters of Abdullah so that was the way of speech then and not anything against the respect of anyone. Due to this Hadith at the topic, ULAMA have said that in the normal situation it is better for a man to marry a virgin girl yet in difficult situations where the man has much responsibility upon him, he might seek the marriage to some woman of mature disposition. Note that only one of the wives of the Prophet (PBUH) was virgin among the 12 of wives he took into marriage (that was Sayyedah AYESHA-RA); these marriages prove one of the means to resolve the difference with Arab tribes as he was facing difficult times containing the enemy of Islam; with the total blessing of Allah, these difficult times changed to better in the last of his life when almost all of Arabia came towards Islam; Al-Hamdu Lillah.
TOPIC 14-Marriage is void without guardians’ consent
(1103)-Sayyidina Abu Musa (RA) reported that Allah’s Messenger (PBUH) said, “Marriage is not performed if the (consent of the) guardian is not there.” [Ahmed 19535, Abu Dawud 2085, Ibn e Majah 1881]
(1104)-Sayyidah Ayshah reported that Allah’s Messenger (PBUH) said, “If any woman marries without the consent of her guardian (WALI) then her marriage is void. Her marriage is void. Her marriage is void. If he cohabits with her then for her is the dower with which she has been turned lawful for him. And if they dispute with one another then the ruler is the guardian of one who has no guardian.” [Ahmed 24426, Abu Dawud 2083, Ibn e Majah 1879]
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This topic is very important in this booklet of marriage as it sets much of the Islamic attitude in respect to marriage. The schools that relate to three of IMAMS (except for the school of ABU-HANIFA) say that the marriage would not take place if a virgin girl marries by her own while the HANAFI School says that if the chosen boy’s status is much lesser than the status she has for her then the marriage would certainly not take place while if his status is high, then the matter would become suspended on the consent of the father of the girl for the marriage. It is very difficult to comment on this stance of the HANAFI-School as much of it seems to be based upon the personal thought and also upon some of the environmental values; Ahadith are not explicit on this matter of status and in fact we have just studied H-1087 that tells not to care about the worldly status if the person is highly worthy in character; some ULAMA of HANAFI School have stressed the value of character and have included this in the consideration of the status at such occasion where a girl marries a young man of her own choice yet even then the matter does not become clear as any young man caring about Islamic Values would not ask any girl to marry him bypassing her parents insha-Allah and certainly the girl caring about the Islamic Values would not do it if asked for it insha-Allah. The Hanafi-School takes its reasoning from the narration that says that a woman presented herself to the Prophet asking him if he would take her into his marriage (see H-1116); note that it is not known if she had not been married before or even if she had any WALI (guardian) or not though the Prophet (PBUH) did not ask her when she had stood for quite a time then; he might have done so if a man had not stood up asking the Prophet (PBUH) to marry her to him. This attitude also shows that nobody in the gathering knew the woman and the man asking for her marriage to him took the Prophet (PBUH) as her guardian then. It is much better to take the stance of the schools of three IMAMS other than the HANAFI-School; certainly the simple is always the best and Allah knows better.
TOPIC 15-Marriage is not proper without witnesses
(1105)-Sayyidina Ibn Abbas reported that the Prophet (PBUH) said, “They are adultresses who marry without witnesses.” Yusuf ibn Hammad said that Abdul Ala traced this Hadith to the Prophet (Marfu’) in his Tafsir, but related it Mawquf in the Book of Talaq (Divorce) without making it Marfu’.
(1106)-Qutaybah reported from Ghundar who from Sa’eed the like of it, but did not make it Marfu’, and that is Sahih.
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Without the two of adult and sane Muslim men that witness the marriage, the marriage does not take place or in simple words, it is invalid. This is how the IMAMS take these Ahadith though MALIK adds that if one witness is present at the ceremony and the other witness comes soon after, this would do and the marriage is valid. All the IMAMS ask for the announcement of the marriage with MALIK putting more emphasis on it as certainly it is most praiseworthy. Note well that the sinners do sins in secrecy but nobody needs to do honorable deeds in secret; Muslims need to announce them well keeping strictly to the Islamic Teachings of Morality; Al-Hamdu Lillah.
TOPIC 16-The marriage sermon
(1107)-Sayyidina Abdullah (RA) said that Allah’s Messenger (PBUH) taught us the Tashahhud for the Salah and the Tashahhud for some need. The Tashahhud in Salah is ‘all adorations of the tongue are for Allah, as also those of the body and wealth or good things. Peace be on you, O Prophet, and Allah’s mercy and His blessings. Peace be on us and on all righteous slaves of Allah. I bear witness that there is no god but Allah and I bear witness that Muhammad is His slave and His Messenger’. And, the Tashahhud in case of need like marriage is ‘all praise belongs to Allah. We ask Him for help and seek His forgiveness. And we seek refuge in Allah from the evils of our ownselves, and (from) our wicked deeds. He whom Allah guides, none can send astray, and he whom He leaves to stray, there is no guide for him. And I testify that there is no god but Allah, and I testify that Muhammad is His slave and His Messenger’. Then three verses of the Qur’an are recited. Athar said that Sufyan Thawri specified them, “O you who Believe! Fear Allah as He should be feared and die not unless you are Muslims” (3:102). The second is, “O mankind! Fear your Lord, Who created you from a single person, and from him He created his mate, and from both He spread abroad many men and women. So fear Allah by whom you demand (your rights) of one another, and fear (breaking) kinship of wombs. Surely Allah is ever watchful over you” (4:1). The third is, “O you who believe! Fear Allah and speak words straight to the point. He will set right your deeds for you and will forgive your sins, and whosoever obeys Allah and His Messenger, he indeed has gained a mighty triumph” (33:70, 71). [Ahmed 3877, Abu Dawud 2118, Muslim 3274, Ibn e Majah 1892]
(1108)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, ‘Every sermon that lacks Tashahhud is like the hand of a leper.” [Ahmed 8526, Abu Dawud 4841]
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TOPIC 17-To obtain permission from the virgin and the widow
(1109)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, “A widow is not married till she is consulted. And a virgin is not married till her permission is sought. Her permission is silence.” [Ahmed 9611, Bukhari 5136, M 1419, N 5611, Ibn e Majah 1871]
(1110)-Sayyidina Ibn Abbas (RA) reported that Allah’s Messenger (PBUH) said, “A widow has more right to her person than her guardian while a virgin’s consent must be sought, her consent being her silence.” [Muslim 1421, Abu Dawud 2098, Nasai 3257, Ibn e Majah 1870]
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These Ahadith at the topic clarify well that the father who is guardian to the virgin girl would see where he must give her in marriage though he is bound to ask her consent; if she keeps silent that is also understandably her consent by tradition. Note that though he would choose her husband at first yet his decision would remain suspended till the girl gives her consent for it. However, the widow has the right to decide for herself and she might accept the proposal given directly to her (on the basis of ADL) without any consultation to her father; ABU-HANIFA and MALIK have added here that if she still is young, her father still is her WALI and he still is the authority to give her in marriage to someone he prefers with her consent like his virgin daughter. By EHSAAN, it is better that she takes the close relatives into confidence about the matter as they might give her some good guidance about the proposal she has received. Note that the girl might be in four positions in respect to her matrimonial position; young virgin (all IMAMS agree that her father is authority over her in the matter of marriage); mature widow (all IMAMS agree that she would decide for herself); mature virgin (three of IMAMS except ABU-HANIFA agree that she is in the authority of her father and this stance of the three IMAMS obviously is better); young widow (MALIK and ABU-HANIFA consider her father the authority to marry her being her WALI while the other two say that she has the right to decide for herself and this latter stance obviously is better). Certainly, the age-factor is not of much consequence in this respect but the virginity of the girl decides; as such the stance of SHAFA’I and AHMED seems preferable in all the four situations here and Allah knows better.
TOPIC 18-An orphan girl must not be compelled to marry
(1111)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, “An orphan girl should be consulted about herself. If she oberves silence, that signifies her consent, but if she rejects then there is no compulsion over her.” [Ahmed 7531, Abu Dawud 2093]
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TOPIC 19-If two guardians marry the girl to two different men
(1112)-Sayyidina Samurah ibn Jundub reported that Allah’s Messenger (PBUH) said, “If two guardians have given a woman in marriage then she belongs to the first of the two. And if anyone sells something to two men then it goes to the first of them.” [Ahmed 20106, Abu Dawud 2088, Nasai 4696, Ibn e Majah 2344]
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Note that when the father is dead, the guardian for the girl would be the grandfather, then the adult elder brother and then the paternal uncle. However, this must be clear that whoever is the guardian of the girl, he truly is sincere to the girl and there are no grudges amongst the family members at all. The orphan girl also would be asked like any other girl from her guardian, the grandfather or the elder adult brother. The other Hadith at the topic tells about the confusion when two of the guardians of the virgin girl (the father and the grandfather) have decided to marry her to two different men by their respective choices accepting the proposal given to each for the girl unaware of the other’s acceptance; in such case, the better thing is to leave the decision to the girl making an apology toe the one who is rejected by her; if she does not mind any of them, then the decision of the guardian that is nearer (that is her father) is most worthy to take and this last part is what Hadith implies here; “she belongs to the first of the two” means she belongs to the decision of the father who is nearer in relation to her even if that man is not the first one by acceptance of proposal. However, the girl has the right to the final decision at this situation; the matter would proceed on to her father only when she does not mind any of the proposals that are given to her.
TOPIC 20-About a slave marrying without master’s permission
(1113)-Sayyidina Jabir ibn Abdullah (RA) reported that the Prophet (PBUH) said, “Any slave who marries without his master’s permission is an adulterer.” [Ahmed 14216, Abu Dawud 2078]
(1114)-Abdullah ibn Muhammad ibn Aqil reported on the authority of Sayyidina Jabir ibn Abdullah (RA) that the Prophet said, “Any slave who marries without his master’s pemission is a fornicator.”
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TOPIC 21-Concerning women’s dower
(1115)-Aasim ibn Abdullah reported that he heard from Abdullah ibn Aamir ibn Rabi’ah on the authority of his father that a woman of Banu Fazarah married against a dower of a pair of shoes. So, Allah’s Messenger (PBUH) said, “Are you pleased to give yourself and your property against a pair of shoes?” She said, “Yes!” He then gave her permission. [Ahmed 15676, Ibn e Majah 1888]
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TOPIC 22-More on it
(1116)-Sayyidina Sahl ibn Sa’d Saidi (RA) reported that a woman came to Allah’s Messenger (PBUH) and said, “I submit myself to you.” Then, she stood for a long time. A man said, “O Messenger of Allah, marry me to her if you do not need her.” He said, “Do you have anything to give her (by way of dower)?” He said, “I have nothing but this lower wrapper of the body.” So, Allah’s Messenger (PBUH) said, “If you give it to her then you will sit and have no lower garment on you. So, look out for something else.” He said, “I do not find.” The Prophet (PBUH) said, “Search, even if you find an iron ring.” He said, “I sought but could not find anything.” So, Allah’s Messenger asked him, “Do you have with you anything of the Qur’an?” He said, “Yes, that Surah, and that Surah. So Allah’s Messenger (PBUH) said, “I marry you to her with what you have of the Qur’an.” [Ah 22862, Bukhari 5029, M 1425, N 31971]
(1117)-Abu Ajfa reported that Sayyidina Umar ibn Khattab said, “Do not exaggerate in giving women their dower, for if that was honourable in this world and righteous in the sight of Allah then the most worthy of you to give it would have been the Prophet of Allah. I do not know that Allah’s Messenger (PBUH) married any of his wives or gave any of his daughters in marriage for more than twelve ooqiyas.” [Abu Dawud 2106, Nasai 3346, Ibn e Majah 1887]
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Ahadith-1113 & 1114 tell clearly that the slave would have to take the permission of his master for his marriage as he is under the authority of his master. The matter here is taken in likeness to the H-1104; three of IMAMS except for ABU-HANIFA take the matter as simple as the words imply that the marriage of a slave without the permission of his master is invalid while ABU-HANIFA takes the matter as suspended if the slave marries on his own; so if the master disagrees to his marriage then it is void but if he agrees then it is fine with no problem at all. However, slavery has become obsolete now and insha-Allah would remain out of lives ever; Al-Hamdu Lillah; so the matter is not of much concern in the present times. As for MEHR, the four IMAMS have some difference in its minimum amount; AHMED and SHAFA’I say that upon which both the sides agree by mutual consent that is fine and they stress the point that the marriage is among the business transactions. MALIK take three DIRHAMS as the minimum value for MEHR due to a narration in which MEHR is related as a war-item that had the same value according to him; ABU-HANIFA take the same war-item to be of 10 DIRHAMS and so that is the minimum MEHR in view of the HANAFI-School. One OOQIYAH was equal to 40 Dirhams at that time; a Dirham was nearly equivalent to 0.7 in ratio to DINAR by weight but DINAR was comprised of gold that was 425 grams in weight and DIRHAM was comprised of silver so in value 10 DIRHAMS used to make a DINAR; so 12 OOAIYAH seems a very high amount by the standard of those days that is reported at the narration-1117 when even one OOQIYAH was much more in value than 10 DIRHAMS (12 Ooqiyah coming to the value of 480 Dirhams actually at that time); the point to note in the indications of IMAMS is that they are presenting the value of minimum of MEHR; but this was the maximum that the Prophet (PBUH) had given to any of his wife, without asking it to be the limit; so IMAMS do not mind if even more of MEHR (than what they have indicated) is given. Note that H-1116 here is interesting in the sense that a woman presented herself to the Prophet (PBUH) for marriage and he did not ask if she had been divorced or if she had become a widow; does she have a guardian; from where had she come (as it was clear that nobody there knew her and she seemed to have come from out of Madinah); in fact, the Prophet (PBUH) did not ask anything from her (though he might have if a man had not offered to marry her) and he let her wait for quite some time. The man who offered to marry her was certainly very poor for he only had the lower garment on him with nothing at the body above and when he went to search at home for something that he could find to give the woman as her MEHR taking the time-out as commanded by the Prophet (PBUH), even then he could not find anything to spare for her. Note that the man asked the Prophet (PBUH) to give her in his marriage and this tells that he thought her to be a virgin lady who had no guardian; the rule being that the girl who has no guardian at all, his guardian would be the head of the state (see H-1104). When he told the Prophet (PBUH) that he only had this lower garment in his possession, the Prophet responded that this certainly would not do as then he would not even have anything necessary on him. The man was either desperate or either at those times too there existed something like “love at the first sight” as BUKHARI has narrated in this Hadith that he was ready to have the cloth on him 50 to 50 providing the half of what he wears to the lady. Although the Prophet did marry her to him yet that was on the condition that he would teach her the SURAH he knows from the Holy Book Quran. SHAFA’I takes this teaching as her MEHR while ABU-HANIFA (and also AHMED) do not take it as such but say that at that time the Prophet (PBUH) cared for his request but he had to pay the usual amount to the woman that was paid for MEHR to women by men in his clan when they married (that is called MEHR-MITHL) and so the matter was settled.
TOPIC 23-About one who frees his female slave and marries her
(1118)-Sayyidina Anas ibn Malik reported that Allah’s Messenger (PBUH) set free (Sayyidah) Safiyah and made her freedom her dower. [Ahmed 12839, Muslim 1365, Abu Dawud 2054, Nasai 3339, Ibn e Majah 1957]
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TOPIC 24-About the merits of that
(1119)-Abu Burdah ibn Abu Musa reported on his father’s authority that Allah’s Messenger (PBUH) said, “Three people will be given their reward twice; the slave who gives the right of Allah and the right of his master so he will be given his reward twofold. And the man who has a female slave (who is) beautiful and he teaches her manners after which he emancipates her and marries her seeking thereby Allah’s pleasure so he will be given his reward twofold. And the man who believed in an earlier Scripture (Torah) and then comes to him the other Book (i.e. Qur’an), so he believes in that (too) so he will be given his reward twofold.” [Ahmed 19732, Bukhari 97, Muslim 154, Nasai 3344, Ibn e Majah 1956]
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Sayyidah SAFIYAH was the daughter of HUYAYI who was the chief of the clan; she came in custody of Muslims with others that became slaves at KYHYBER according to the custom of the day. The Prophet (PBUH) took her as one of his respectable wives and he freed her then; this freedom became her MEHR. ULAMA at the HANAFI School have taken this to be such unique feature that was related specifically to the Prophet (PBUH) as they do not consider freedom from slavery could become MEHR though the school of SHAFA’I takes it as such. However, slavery has become obsolete now; Al-Hamdu Lillah; so the matter is not of much concern in the present times. The other Hadith also relates to doing good to slaves letting them go-ahead in the obedience of Allah not asking them anything against the commands of Allah; it explicitly told that it was one of high virtues to provide freedom to the slave-woman that a man had, teaching her all that is good (especially the teachings of the Holy Book Quran) and then raising her status to height by marrying her. H-1119 is much relevant at these current times too in the sense that if someone from the people of the book (Jews or Christains), who has been trying to live with good morals according to his own concept with attention towards the True Lord only, accepts Islam then his reward would be two-fold insha-Allah and Allah knows better; Al-Hamdu Lillah.
TOPIC 25-One who divorces his wife before sexual intercourse
(1120)-Amr ibn Shu’ayb reported on the authority of his father who reported from his grandfather that the Prophet (PBUH) said, “For any man who marries a woman and has sexual intercourse with her it is not lawful to marry her daughter. But if he has not had sexual intercourse with her then he can marry her daughter. And, as for a man who marries a woman and whether he has sexual intercourse with her or not, it is not lawful to marry her mother.”
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TOPIC 26-One who divorces his wife three times
(1121)-Sayyidah Ayshah (RA) narrated that the wife of Rifa’ah Qurazi came to Allah’s Messenger and said, “I was married to Rifa’ah but he divorced me and made it an irrevocable divorce. So, I married Abdur Rahman ibn Zubayr, but he has not with him save the like of edge of the garment.” So, he asked, “Do you want to return to Rifa’ah? No, that is not possible; not until you taste his (Abdur-Rahman’s) taste and he tastes yours.” [Ahmed 24153, Bukhari 2639. Muslim 1433, Ibn e Majah 1932]
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When a person gives divorce to his wife pronouncing it three times or telling in writing that he has divorced her three times then that is irrevocable divorce (MUGHALLAZA) and he loses all rights to keep her as wife at such time. However, if she marries another man and for some genuine reason he divorces her then it is allowed for her to marry her first husband if he so wills for that. This situation is exceptional and of-course it would not normally take place yet as there was some small chance present for it, the Holy Book Quran has remarked on the matter; see (2:229 & 230). Here at H-1121, the Prophet (PBUH) has clarified to the woman that until she lives as wife to the man she has married, she could not return as wife to the previous husband. The words of the woman that her second husband does not have but like the edge of the garment, mean that he is not capable to manage the sexual intercourse; two things are notable here that she put the matter with best of words to ask about her problem keeping to HIYA to the possible extent and the second is that the Prophet guided clearly that the second husband would have to manage it at least once or twice if she needs to get her divorce from him and marry the first husband.
TOPIC 27-About the Muhill and the Muhallil
(1122)-Sayyidina Jabir Ibn Abdullah (RA) and Sayyidina Ali (RA) reported that Allah’s Messenger (PBUH) cursed the Muhill and the Muhallil (the one who tries to make the unlawful as lawful for the first husband and the one who gets it done for himself respectively). [Abu Dawud 2026, Ibn e Majah 1935]
(1123)-Muhmud ibn Ghaylan also reported this Hadith. He reported from Abu-Ahmad, from Sufyan, from Abu Qays, from Huzayl ibn Shurahbil who reported from Sayyidina Abdullah ibn Mas’ud (RA) that the Prophet cursed one who makes lawful (a woman) for her first husband and one who gets it done. [Nasai 3413]
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When someone pronounces divorce for three times considering the matter taking time then there is no option left that he could keep her as his wife except for one. The option that is left is that she marries someone and after living as husband and wife, he divorces her by his own will due to some genuine reason then only she would consider the proposal that her first husband gives her again. The option of-course is somewhat unlikely to occur yet if the man and his divorced wife and another man agree setting an unethical drama that she marries that second man then that man divorces her so that she becomes liable to marry the husband who had divorced her at the first place, this highly immoral pracitice is against Islam and it means trying to deceive ALLAH, SUBHANAHU-WA-TA’ALA (i.e. who is Free of all wrongs and the Highest of all). In this sense, it is one of the biggest sins to commit and due to this the Prophet (PBUH) has cursed such people and such immoral practice.
TOPIC 28-About the marriage that is named Muta
(1124)-Sayyidina Ali ibn Abu Talib reported that the Prophet (PBUH) forbade Mutah (temporary marriage) of women, and the consuming of the flesh of domestic asses. This was during the Battle of Khaybar. [Bukhari 5115, Muslim 1406, Nasai 2262, Ibn e Majah 1961]
(1125)-Mahmud ibn Ghaylan reported from Sufyan ibn Uqbah (brother of Qabisah ibn Uqbah), from Sufyan Thawri, from Musa ibn Ubaydah, from Muhammad ibn Ka’b and he from lbn Abbas (RA) that he said, “Mutah was allowed in the beginning of Islam. If anyone travelled to a new place where he had no acquaintance then he took a wife there for as many days as he intended to stay there that she may take care of his property and serve him. This went on till this verse was revealed, --- Except in regard to their spouses or those whom their right hands possess (23:6). Thereafter, all sexual relationships beside these two became forbidden.
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MUTA was temporary marriage that was allowed when the Prophet (PBUH) started calling towards Islam and remained allowed till GHAZWA-KHAYBAR when the Prophet (PBUH) prohibited it; note that even when it was practiced at that time, its practice was limited. Now, as salvery also is out of lives; Al-Hamdu Lillah; only the lawful marriage remains the righteous way to give outlet to passions related to women. Note also that there are much notable differences between MUTA and NIKAH-MAWAQQAT (that is the marriage that the man makes for specific time). MUTA in general was such relationship with any woman by her consent that was taken-up without specifying any limit in time for it; the man ended it at any time and its announcement with clarity was not necessary; so it was nearer to adultery therefore the Prophet (PBUH) prohibited it ultimately at the occasion of the battle at KHYBER (that took place in the seventh year of HIJRAH); in contrast, the man that might marry as NIKAH-MAWAQQAT at the Islamic Environment needs to be most knowledgeable in Islam who would be capable to teach morals to the woman he marries as that woman necessarily would need some good instructions in good morals; please read the note about this issue at H-1570 where I have provided some necessary detail to it; and certainly Allah knows better.
TOPIC 29-About marriage Shighar being disallowed
(1126)-Sayyidina Imran ibn Husayn (RA) reported that the Prophet (PBUH) said that there is no Jalaba, no Janaba and no Shighar in Islam, and he who plunders is not one of us. [Ahmed 19876, Abu Dawud 2581, Nasai 3832]
(1127)-Sayyidina Ibn Umar (RA) reported that the Prophet (PBUH) forbade Shighar. [Ahmed 4526, Bukhari 5112, Muslim 1425, Abu Dawud 2074, Nasai 3334, Ibn e Majah 1883]
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SHIGHAR means that a person marries a woman who is the sister or the daughter of the man who marries his sister or his daughter in return and they both do not pay MEHR to their respective wives. Actually MEHR is the right of the woman that they are not liable to hold and they must pay it. Those were times of financial trial and SHIGHAAR also was one of customs of those days (though not practiced much) yet the Prophet (PBUH) prohibited it in clear terms. When both of them pay MEHR to their respective wives then by ADL their marriages are quite well yet not appreciable according to EHSAAN as there is some possibility that the break of one’s marriage might lead to the break of other’s marriage. JALABA means that a person in need is far away from the man who provides sustenance for him but he asks such pious provider of his needs to visit him at his place while JANABA means that the one who is providing for somebody’s needs goes far away from his usual place and then ask the needy to come there for his need; both these are unfair attitudes and the meaning of the Hadith at the topic is that they both must not trouble each other in any way but they both must care about each other. The Hadith also conveys the notion that it is plunder to trouble anyone weaker than one’s own person; it indicates that SHIGHAR, JALABA and JANABA all three are plunders in some way or other.
TOPIC 30-Aunt and niece cannot be married to the same man
(1128)-Sayyidina lbn Abbas (RA) reported that the Prophet (PBUH) forbade marriage of a woman to the husband of her (paternal or maternal) aunt. [Ahmed 353]
(1129)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger forbade that a woman should be married to the same man who had married her paternal aunt, or a paternal aunt to a man who had married her brother’s daughter; or a woman to the same man who had married her maternal aunt, or a maternal aunt to a man who had married her sister’s daughter. Neither must a younger sister be married to the man who is married to her elder sister nor an elder sister to one who is married to her younger sister. [Bukhari 5108, Abu Dawud 2065, Nasai 3293]
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TOPIC 31-About placing condition at time of marriage
(1130)-Sayyidina Uqbah ibn Aamir Juhanni reported that Allah’s Messenger (PBUH) said, “The most rightful conditions to to fulfill are those by which you make sexual intercourse lawful.” [Ahmed 17304, Bukhari 2721, Muslim 1418, Abu Dawud 3139, Nasai 3274]
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Islam allows keeping four women in marriage at one time if the man is able to manage their rights well in all ways yet it does not allow marrying the aunt (paternal or maternal) of the wife except when by the will of Allah, she dies early. Also Islam does not allow to marry two sisters at one time; so the limitation that Islam puts here is that no more wives at one time than four, not marrying the aunt of the wife at her life, not marrying the sister in law in marriage in her life. As for placing conditions before marriage, those are allowed if they are not against the commands of Allah and if the man agrees to them by his own free will; however, he has no liability to fulfill any condition that fall against any command of Allah and he must not agree to any such condition at the time of marriage. Even when the condition is MUBAH and he has agreed to it at the marriage, his liability ends where that condition turns into something that asks for wrongs. An example of this is that if the girl puts the condition that the man asking her into marriage must not take her out of her homeland, he would fulfill this condition (being MUBAH) but if to live in that place asks the man to make compromises with wrongs then he must leave his commitment and ask his wife to leave to some other place with him where they both would fulfill the commands of Allah in the better way and with total ease; that bears no sin to him and Allah knows better.
TOPIC 32-About the man who becomes Muslim and has ten wives
(1131)-Sayyidina Ibn Umar (RA) reported that Ghaylan ibn Salamah Thaqafi embraced Islam. He had ten wives (whom he had married) in pre-Islamic days and they too embraced Islam with him. So, the Prophet (PBUH) commanded him to choose four of them. [Ahmed 4609, Ibn e Majah 1953]
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TOPIC 33-One who embraces Islam and has 2 sisters as wives
(1132)-Abu Wahb Jayshani reported that he heard lbn Firoz Daylami narrate on the authority of his father that he met the Prophet (PBUH) and said, “O Messenger of Allah, I have embraced Islam and have two wives who are sisters.” So, he said, “Choose whichever one you like.” [Ahmed 18062, Abu Dawud 2243, Ibn e Majah 1950]
(1133)-Dahhak ibn Firoz Daylami narrated on the authority of his father. He narrated that I said, “O Messenger of Allah, I have embraced Islam and have two wives who are sisters to each other.” He instructed me to choose whichever of the two I like.
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As Islam does not allow keeping more than four wives at one time so GHAYLAN was given the choice to keep any four of his wives; there also was the case of FIROZ who was asked to keep only one of the sisters he had married, any one of them; Islam does not allow the man to keep two such women that are sisters to each other as his wives at one time.
TOPIC 34-About one who buys a female slave who is pregnant
(1134)-Sayyidina Ruwayfi ibn Thabit narrated that the Prophet (PBUH) said, “He who believes in Allah and the Last Day must not water the child of another.” (It means he must not have sexual intercourse with a slave-woman who is pregnant from another man after buying her). [Abu Dawud 2158]
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TOPIC 35-About a female slave who has a husband
(1135)-Sayyidina Abu Sa’eed Khudri (RA) narrated that on the day of (the Battle) Awtas we got some women captives who had their husbands among their people. We mentioned that to Allah’s Messenger (PBUH). So, these words were revealed---And (also forbidden) are all married women except those whom your right hands possess (4:24). [Ahmed 11691, Muslim 1456, Abu Dawud 2155, Nasai 3330]
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At those times, the female captives of the war were distributed among the warriors like the male captives and being female they had to care for the sexual needs of their respective masters. Ahadith here point-out that if the slave-girl is pregnant from the husband she had when she was a free-person, she is not to be asked any nearness by her master until the child-birth; the slave-girl that had husband among captives did not remain married to him (though according to ABU-HANIFA, change of the place was also necessary for her marriage to end but other IMAMS do not agree to it) so when she was given by the commander into the slavery of some man, he was allowed to ask her to care for his sexual needs; the matter is obsolete now and insha-Allah, it would never occur ever again. Note that Islam did not inititate this practice nor did it appreciate it; on the contrary it gave commands for slaves (for both male and female) that led to their emancipation with time. Here detail is not possible yet please note in brief that Islam asked to treat slaves with respect, asked to release them from slavery in compensation of few commands of Allah that their masters could not fulfill, asked not to give any of female slaves to men for sexual reasons except by marriage (though their sale was allowed yet not appreciated), asked to release female slaves if they become mothers to their children, asked not to stop them from becoming MUKATAB i.e. those male and female slaves who asked release by paying-out some amount for their freedom and in addition to these, Islam asked in many other ways too to free slaves; with that, it also asked not to make people slaves to the extent possible at those times and this was the best that could have been done when the custom of slavery prevailed at those times when women outnumbered men highly; note that the men fell at battle-grounds in those days in scores while the number of battles was high too. Please note well that slavery was and is totally alien to Islamic teachings; it was put onto it to deal with at the time Prophet Muhammad (PBUH), the last Messenger of Allah, started the teaching of Islam; he certainly dealt with this issue of slavery most beautifully at that given time and place that set the good pace for its total elimination; Al-Hamdu Lillah.
TOPIC 36-About disapproval of dower against fornication
(1136)-Sayyidina Abu-Masud Ansari (RA) reported that Allah’s Messenger (PBUH) forbade (taking) the price of dogs, remuneration of an adultress and sweets of the soothsayers. [Ah 17069, Bukhari 2237, M 1567, AD 3428, N 3680, Tirmidhi 1276]
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As Islam does not allow keeping dogs as pets, the deal in dogs in not allowed for that reason though when their purchase and sale is to protect the cattle or the crop-field (or even if they are employed for hunting), their trade is allowed. Making the slave-woman commit the grave sin of adultery to get money was extreme wrong that some persons with low scruples of those times used to do and so the use of such money was also filthy as the Hadith at the topic tells us. The third thing is that if someone pays some amount to such person who claims to tell the future, the payment and the acceptance of such amount both is wrong. However, please note that I, MSD, have seen that Astrology is among the wonderful tools to understand the psychology of the man and it has nothing to do with foretelling of the future to which it commonly is assigned. In this current era, such misunderstanding shrouds the true face of Asrology that to offer a defense to it would certainly be futile; please note well that if someone takes-up Astrology to understand the character and not the future of some person (and does not charge any money if he tells something about his traits to him by Astrology nor does the man he serves, offer anything for this service to him), that is not questionable. But such persons must keep away from its study who are unable to resist the study of future from it (getting into the unplaced hope that leads to wishful thinking or getting into the unplaced fear that leads to unnecessary avoidance of useful things); I, MSD, pray that may Allah guide all of us towards the Truth and then keep all of us to it with total fervor without any illusions whatsoever; Al-Hamdu Lillah.
TOPIC 37-It is prohibited to propose to one already proposed
(1137)-Sayyidina Abu Hurayrah reported that Allah’s Messenger said, ‘Let no man offer a price against his brother and let him not propose marriage to whom his brother has already done.” [Bukhari 2140, M 1413, AD 3438, N 3236, Ibn e Majah 1867]
(1138)-Mahmud ibn Ghaylan reported from Abu Dawood who reported from Shu’bah and he reported from Abu Bakr ibn Abu Jahm (RA) who narrated that I and Abu Salamah ibn Abdur Rahman (RA) visited Sayyidah Fatimah bint Qays (RA). She said to them that her husband had divorced her three times (irrevocably) without making arrangement for her lodging and provision though he had deposited for her with his cousin ten qafiz grain, of which five were barley and five were wheat. She said, “I went to Allah’s Messenger (PBUH) and mentioned that to him.” He said, “He has done right (to at-least provide for you while you are in Iddah),” and he commanded her to spend her waiting period at the home of Sayyidah Umm Shairk (RA). But, soon said to her, “The house of Umm Sharik is a house where the Muhajirs gather, so pass your Iddah (waiting period) at the home of Ibn Umm Maktum where if you have to undress, no one will see you. Then, when you have spent your Iddah and anyone asks you to marry him, come to me.” When she had spent her iddah, she received proposal from Abu-Jahm and Mu’aviah. She went to Allah’s Messenger (PBUH) and mentioned that to him. He said, “As for Mu’aviah, he is a man with no property of his own. And as for Abu Jahm, he is a man severe on women”. Then, Sayyidina Usamah ibn Zayd (RA) proposed marriage to her, and he married her. And, Allah blessed her by (the marriage with) Usamah. (Another version of this Hadith tells that the Prophet PBUH told her to marry Usamah).
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It is not allowed to intervene in a transaction that already is in good progress among two persons until the outcome of that transaction clearly comes in view; if the deal is not finalized then only some other person might take-up the bargain for it. As marriage has also the aspect of an agreement between a man and a woman, it is not allowed to propose a girl knowing that the matter for her is in good progress with someone else. However, if the girl does not favor that proposal then after her rejection to it, another man is allowed to ask her WALI for her marriage to him (or if she is widow or divorced then by the means of someone who knows them both). As for the case of FATIMA bint QAYS (RA), her husband had gone away with the army to Yemen and finding no option to care about her, he divorced her three times so that there remains no chance for her return to him and there remains no claim for her onto him. Spending on the wife for her sustenance and for her residence are required from the husband for his divorced wife if he has left the option to reverse his decision and keep her as his wife (that is if he has pronounced or written divorce to her one or two times by the tongue or the pen respectively); however, if he pronounces the divorce to her for three times then he would not provide her the sustenance and the residence. This might seem severe to women but the difference of ADL and EHSAAN count a lot here; it is virtuous for the man who has divorced his wife irrevocably that he cares for her physical and financial needs as much as possible giving her all the money she might need that could sustain her even for few years ahead but that ruling stands on the basis of EHSAAN; by ADL he is not bound to it (though ABU-HANIFA does ask to provide both her sustenance and residence upto her IDDAH that is the waiting period for the woman at the end of her marriage). The sad thing about this issue is that everyone has the good ability to talk about ADL here but nobody mentions EHSAAN. Please note that affection for the wife is also one of the aspects of marriage and that is the most important aspect of it; note that Islam asks the man to love his wives when they become wives to him and it does not show any appreciation to the affection that the man might feel towards some unrelated woman before the marriage; Islam certainly appreciates the reserved attitude of the Muslim women that highly aids the Muslim men to develop the control of their passions well; Al-Hamdu Lillah. As for the terms and contents that occur at the H-1138, please note that QAFIZ means the unit for the quantity of grains; IDDAH means the waiting period of women after divorce (three months counted by the period of menses) or after the death of her husband (four months and ten days considering the day of his death the day-1) but if she is pregnant then the child-birth terminates her IDDAH in both cases (whether later than the prescribed time or much earlier); IBN UMM-MAKTUM was blind yet one of the highly virtuous men in Madinah (and his appreciation is denoted at the Holy Book Quran in few of the first verses at Surah ABAS, the eightieth Surah); USAMAH (RA) was the son of ZAYD ibn HARITHA (RA; whom the Prophet PBUH took as his son); ZAYD is the only companion of the Prophet (PBUH) who is mentioned by his name in the Holy Book Quran at Surah AHZAAB.
TOPIC 38-Concerning Azl (coitus-interruptus)
(1139)-Sayyidina Jabir (RA) reported that they said, “O Messenger of Allah (PBUH), we practice Azl, but the Jews imagine that to be a minor killing.” He said, “The Jews lie. Indeed, if Allah intends to create someone, nothing prevents that.” [Ahmed 11288]
(1140)-Sayyidina Jabir (RA) said, “During the period the Quran was revealed, we used to practice Azl.” (He meant that the Holy Book Quran did not forbid it and the Prophet PBUH also did not forbid them to do so). [Ahmed 14322, Bukhari 5208, Muslim 1440, Ibn e Majah 1927]
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TOPIC 39-Dislike of Azl
(1141)-Sayyidina Abu Sa’eed (RA) reported that azl (coitus interruptus) was mentioned before Allah’s Messenger (PBUH). He said, “Why does one of you do it? There is no creation but that Allah is its Creator (so which He wants to be created will come into existence).” [Bukhari 7409, Muslim 1438, Abu Dawud 1141]
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AZL (though allowed at times) is not appreciated in general by the Islamic Teachings. Note that Islam does tolerate the use of means to stop pregnancy that relate to the man except for the permanent closure of vein to avoid pregnancy (but only upon the genuine necessity) yet for women, it does not allow any such means; the only exception to this ruling that occurs at practice is where it is most probable that she would die at the child-birth; this exception has its basis at the statement of the FIQH that tells that some of forbidden things might become MUBAH in practice for the time being when there occurs the utmost danger to life (this situation is named as IZHTIRAR though the mentioned statement is not applicable at all such situations). Islam appreciates the traditional roles of the man and the woman being the bread-winner and being liable to the bearing & the rearing of the children respectively. That is why it is not appreciable in Islam for women to take-up any method for the prevention of pregnancy as a rule; even at such times of IZHTIRAR, there are things that are still prohibited to take-up (like eating from the dead body of a person at extreme hunger; at such situation the Muslim person needs to accept death whole-heartedly; these things include those things that violate the sanctity of human-beings especially of women so IZHTIRAR does allow the use of filth on extreme necessity upto necessity yet violation of the sanctity of human-beings is not allowed even at such time). Please note that the Muslim women must remain most cautious in taking the modern medical methods of cure as they are becoming most challenging to Islamic teachings in these current times. Due to the attitude of indifference to the Islamic Moral Values at hospitals, the Muslim women need to understand that they are not allowed even to take-up medical aid in many other matters too besides the preventive measures for pregnancy; this ruling comes about due to SADDE-ZARAE’ (stopping of means to wrongs) especially because of the presence of high male medical staff among doctors and paramedical personnel at hospitals caring but little about the demands of HEJAB by Islam; the problem enhances due to the fact that there is no one to put a strict check at the violation of HEJAB then and there; it certainly is futile to advise the medical personnel at this moment of time yet I, MSD, have provided the Islamic Teachings to guide the Muslim women in their practice; I pray for the Muslim women that may Allah give them the patience to endure afflictions in such manner that they keep to Islamic Moral Values at all places and at all times by the blessing of Allah; Al-Hamdu Lillah.
TOPIC 40-Division of night between a widow and a virgin
(1142)-Sayyidina Anas ibn Malik (RA) said, “If you will I can tell you that Allah’s Messenger (PBUH) said this but (in accordance to caution) I say that it is Sunnah that when a married man marries a virgin he should live with her seven days and when he marries a widow then he should live with her three days.” [Ahmed 12970, Bukhari 5213, Muslim 1461, Abu Dawud 2124, Ibn e Majah 779]
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TOPIC 41-On being fair to all wives
(1143)-Sayyidah Ayshah (RA) narrated that the Prophet (PBUH) used to divide his time equally among his wives. He would pray, “O Allah! This is my division in what I possess. So, do not blame me concerning that which you possess but I do not.” [Ahmed 25165, Abu Dawud 2134, Nasai 3953, Ibn e Majah 1971]
(1144)-Sayyidina Abu Hurayrah (RA) reported that the Prophet (PBUH) said, “If a man has two wives and he does not treat them equally then he will come on the Day of Resurrection with one of his sides decayed (or sagging).” [Ahmed 25165, Abu Dawud 2133, Ibn e Majah 1969]
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When the married man marries another woman that is virgin, he is allowed to give her ample time for a week but after that he would have to distribute the time equally between all his wives that he has including the newly-wed; it is extremely necessary for the man who marries more than one woman to manage all physical matters in balance as much as possible among all of them as is totally clear by the last of Hadith at the topic. He is not answerable for the matters that relate to the inclination of heart as he might love one of his wives more than others; the Prophet (PBUH) addressed this inclination of heart when he prayed to Allah not to blame him concerning that which He possesses (H-1143); he loved Sayyidah Ayesha (RA) more than his other wives. Note here that the man who has resources (and capability), should marry more than one woman as that insha-Allah would diminish many of social problems of the Muslim women as of now. Note also that when a married man marries a woman that is widow or divorced then he should provide three days & nights to her and then he would have to come to routine with equal division of his time between all his wives.
TOPIC 42-About one of the idolator spouses becoming Muslim
(1145)-lbn Shu’ayb reported from his father from his grandfather that Allah’s Messenger (PBUH) returned his daughter, Sayyidah Zaynab (RA), to Sayyidina Abu Aas ibn Rabi (RA) against a fresh dower and a fresh marriage. [Ahmed 6956, Ibn e Majah 2010]
(1146)-Ibn Abbas narrated that the Prophet returned his daughter Zaynab to Abul-Aas ibn Rabi’ after six years against the first marriage and did not renew the marriage.
(1147)-Sayyidina lbn Abbas narrated that in the times of the Prophet a man became a Muslim. After that his wife also came as a Muslim. So he said, “O Messenger of Allah, she has become a Muslim too with me.” Hence, he returned her to him. [Abu Dawud 2238]
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When one of the married couple from the non-Muslims converts to Islam in the land where Muslims are in high majority, the marriage between the couple ends though if the woman has come to Islam and the husband comes to it inside the period of her IDDAH, their marriage would stay intact. If however he converts after the time and the woman that was his wife has not married some other man yet, he has the preference to marry her again if he and she will for that but the marriage would take place again with its formalities of MEHR and VALIMAH. Similarly, if the man converts to Islam and his wife comes after some of time to it, he deserves more to keep her as his wife than anyone else by marrying her again even if he has married some Muslim girl after converting to Islam. Here the practice is on the Hadith narrated by the grandfather of IBN-SHUAYB and not on the one narrated by IBN-ABBAS though both are well-narrated; it is said that the former is near to actuality and IBN-ABBAS had misunderstood some detail in this matter.
TOPIC 43-One who dies after marriage but before fixing dower
(1148)-Sayyidina lbn Mas’ud (RA) was asked about a man who married a woman but before he could determine her dower and have sexual intercourse with her he died. So, lbn Masud (RA) said, ‘Her dower is like that of women of her match, neither less nor more. And she will observe the iddah and have inheritance’. Thereupon Ma’qil ibn Sinan Ashja’i (RA) got up and said, “Allah’s Messenger (PBUH) decided the case of Beriwa’a bint Washiq a woman among us like what you have decided.” So, Ibn Mas’ud (RA) was happy with it. [Abu Dawud 2114, Nasai 3521, Ibn e Majah 1891]
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As a rare case, it might happen that a man marries a woman when he has not yet specified her MEHR. Now after the marriage but before the sexual intercourse with her, he dies by the will of Allah so in such case, the woman would not only become liable to MEHR that would be the average-MEHR that is usually given to ladies that come into that family by marriage (this is named as MEHR-MITHL) but she would also get her specified share in the property that the deceased man has left as his lawful wife; she also would have to take-up her IDDAH accordingly.
12-BOOK OF SUCKLING (19 topics)
TOPIC 1-Forbidden by suckling what is by genealogy
(1149)-Sayyidina Ali reported that Allah’s Messenger prohibited by reason of fosterage what he prohibited by reason of genealogy.
(1150)-Sayyidah Ayshah (RA) reported that Allah’s Messenger said, “Indeed, Allah had forbidden by reason of fosterage what he has forbidden by reason of parentage.” [Ahmed 25508, Nasai 5099, Muslim 1444, Nasai 3300]
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When a woman other than his mother has suckled a child, that woman becomes like the mother to him; he is disallowed to marry that woman’s mother, sisters, daughters (that become his sisters), paternal aunts, maternal aunts, paternal nieces and maternal nieces (coming to the total of seven categories); it is necessary for the child to respect the woman as her mother. Note that if the child is a girl who is suckled, no man of the intimate family of the woman who has suckled her is allowed to marry the girl when she comes to maturity; this is compatible to seven relations mentioned before and just for an instance, note that any of her sons is totally prohibited to marry the girl as they all become brothers to her.
TOPIC 2-About foster relatives (by suckling of the child)
(1151)-Sayyidah Ayshah (RA) said that her paternal uncle through fosterage sought permission to meet her. She declined to allow him (admittance to her home) till she had asked Allah’s Messenger (PBUH). So, Allah’s Messenger (PBUH) said, “He can come to you, for he is your paternal uncle.” She submitted, “It was a woman who had suckled me.” He said (again). “He is your paternal uncle and may visit you.” [Ahmed 25677, Bukhari 2644, Muslim 1445, Nasai 3298]
(1152)-It is reported that Sayyidina Ibn Abbas was asked about a man who had two female slaves. One of them suckled a female child and the other a male child. “Is it lawful for the boy to marry the girl?” He said, “No. The semen is the same (to both the female slaves).”
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TOPIC 3-A couple of suckles do not establish fosterage relationship
(1153)-Sayyidah Ayshah (RA) said on the authority of the Prophet (PBUH) that one or two sucks do not establish forbidden relationship (of fosterage). [Ahmed 3307, Muslim 1450, Abu Dawud 2063, Nasai 3310, Ibn e Majah 1642]
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Such relations that take place due to suckling become MEHRAM (relatives that the person is disallowed to marry) and it is allowed for the MEHRAM man to visit his woman relative; note that Islam does not appreciate for the man to make any visit to a woman that is not his MEHRAM and if there is some necessity for a man to visit some NA-MEHRAM woman, she must have some MEHRAM relatives with her at the time. The message at H-1152 is clear and the reason is also provided there clearly by Sayyidina IBN-ABBAS, who also was one of the masters in the interpretation of the Holy Book Quran. It is a moot point between the IMAMS how much of suckling makes the woman become the mother of the child and AHMED takes three as the amount for it as one or two sucks of the milk have been said in the Hadith at the topic as not enough for the establishment of the relationship of suckling. SHAFA’I takes five times as necessary and ABU-HANIFA does not take this Hadith in practice considering it to be superceded by some other Hadith; the practice of few SAHABA point out that they took only one suckle enough for the establishment of this relationship of suckling so his stance also has weight and Allah knows better.
TOPIC 4-Testimony of one woman about suckling of a person
(1154)-Abdullah ibn Abu Mulaykah said that Ubayd ibn Abu-Maryam narrated to him from Uqbah ibn Harith. Abdullah said that he had heard this (directly) from Uqbah too but he rememberred the Hadith from Ubayd better that he, Uqbah ibn Harith (RA), said that he married a woman. Then a black woman came and said, “Surely I have suckled both of you.” So, I came to the Prophet (PBUH) and said, “I married so-and-so daughter of so-and-so then a black woman came to us and said ‘I have suckled both of you’ but she is a liar.” He (the Prophet PBUH) turned away his face from me and I came to him towards his face and said, “She is a liar.” He said, “And how is that while she maintains that she has suckled both of you. Send her away from you (meaning separate from your wife).” [Bukhari 88, Abu Dawud 3603, Nasai 3330]
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TOPIC 5-Suckling is established for an infant up-to 2 years
(1155)-Sayyidah Umm Salamah (RA) reported that Allah’s Messenger said that suckling does not make (marriage) unlawful unless it (the milk) enters the (child’s) belly from the breasts and it is before weaning.
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H-1154 tells that even on the vague statement of the black woman, the Prophet (PBUH) asked the man to leave the wife; ULAMA have pointed out that the reason actually was the mental agony that this statement might have caused at the coming time if the man had kept the relation intact for it was unknown for certain that the black woman was right or wrong. The Prophet (PBUH) had asked the end of the relation only on the basis of EHSAAN as IMAMS have clarified that two of the adult, sane, Muslim men must witness to such statement (HANAFI-School) or four women other than the one claiming the suckling must witness to it (MALIKI-School). The man could have kept the woman as his wife yet as noted it might have caused unnecessary mental agony ahead so the better decision was to leave her then at the beginning of the bond though if they had lived long as man and wife then it would have been better to ask for ADL in such claims. The notable point here in H-1155 is that the relations that become MEHRAM are due to that suckling which takes place before the child comes to the age of two years (that is taken-up by all schools of FIQH though ABU-HANIFA prefers two and a half years). It is said in the Holy Book Quran, “The mothers shall give suck to their children for two whole years, (that is) for those (parents) who desire to complete the term of suckling, but the father of the child shall bear the cost of the mother's food and clothing on reasonable basis. No person shall have burden laid on him greater than he might bear. No mother shall be treated unfairly on account of her child and no father on account of his child. And on the (father's) heir is incumbent the like of that (which was incumbent on the father). If they both decide on weaning, by mutual consent, and after due consultation, there is no sin on them. And if you decide on a foster suckling-mother for your children, there is no sin on you, provided you pay (the foster mother) what you agreed (to give her) on reasonable basis. And fear Allah and know that Allah is All-Seer of what you do” (2:223).
TOPIC 6-About the right of the veteran nurse
(1156)-Hajjaj ibn Hajjaj Aslami reported that his father asked the Prophet (PBUH), “O Messenger of Allah, what discharges from me the right of the vet-nurse (he meant the mother who had suckled him when he was a child)?” He said, “An excellent slave or a female slave.” [Ahmed 15733, Abu Dawud 206, Nasai 3326]
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The guidance of the Prophet (PBUH) here tells the man that the woman who had suckled you at infancy and took care for you, now when she is in need at the old age that she must be cared for, you must give her someone if possible for you who might serve her well and that is the way you could compensate the service she provided you at your need. Respectable TIRMIDHI has recorded another Hadith too in comments to this by ABU-TUFAIL (RA) that he was with the Prophet (PBUH) when a woman came to the Prophet (PBUH) and the Prophet stood and spread his covering sheet for her to sit. ABU-TUFAIL said that when she departed then he heard the people say that this was the woman who had suckled the Prophet (PBUH).
TOPIC 7-About setting free a female slave who is married
(1157)-Sayyidah Ayshah (RA) reported that the husband of Sayyidah Barirah (RA) was a slave. So, the Prophet (PBUH) gave her a choice and she chose to be independent. Were he a free man, he would not have given her the choice. His name was Mughith. [Muslim 1504, Abu Dawud 2233, Nasai 3448, Ibn e Majah 2521]
(1158)-Hanad reported from Abu Mu’aviah, from A’mash, from Ibrahim, from Aswad that Sayyidah Ayshah (RA) said that the husband of Sayyidah Barirah (RA) was a free man and the Prophet (PBUH) gave her choice. [Bukhari 6754, AD 2235, N 3446]
(1159)-Sayyidina Ibn Abbas narrated that the husband of Barirah was a black slave of Banu-Mughirah on the day Barirah was set free. By Allah, I can picture him while he moves about the streets of Madinah and its surroundings, his tears flowing down on his beard, hoping to please her that she might choose him. But, she did not do so. His name was Mughith.
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The matter reported here has some interesting features. These are that BARIRAH (RA) was the slave-girl of Sayyidah AYESHA (RA) whom she had allowed freedom; her husband MUGHITH (RA) was a slave to some other people at the time BARIRAH was set free according to the narration at 1159; he was set free afterwards as the narration at 1158 tells clearly; he was deeply in love with his wife who was set free. Keeping all this in view the matter that comes at fore is that BARIRAH was set free while she was married to the slave named MUGHITH who was a black man who loved her deeply. As a slave was considered unworthy to become husband to a free woman then, she was given the option if she would remain in her marriage or not; if he had been a free man, she would not have got the option to accept or reject him as it was valid only when the husband happened to be a slave. She took the option to leave him according to the custom of the day and that grieved him highly. In ABU-DAWUD, we have that she was asked by the Prophet (PBUH) to revise her decision and accept him; she enquired if that was the Prophet’s command or his recommendation. The Prophet (PBUH) told her that it was his recommendation only so she did not revise her decision and left MUGHITH. Then MUGHITH also was freed yet the damage was done to him as BARIRAH had already rejected him; the choice was limited to the initial time when she was granted her freedom. It was the rough dealing of this matter by the master of MUGHITH as with smooth dealing, both BARIRAH and MUGHITH would have received freedom together; she was not at fault for the decision she took as she had option but little by the prevailing customs at that time. She was the person who stood by Sayyidah AYESHA (RA) when Sayyidah was blamed wrongly with very shameful act (and it is strange that there always are some unscrupulous people present in the environment who do blurt-out much wrongs about pious women as even MARIUM, Salam on her, was not spared); Surah NOOR, the twenty-fourth Surah, defends Sayyidah as it casts-away all evil things that were said against her at the time; Al-Hamdu Lillah.
TOPIC 8-The child belongs to the bed
(1160)-Sayyidina Abu Hurayrah reported that Allah’s Messenger said, “The child belongs to the (owner of the) bed while for the fornicator are stones, meaning Rajm.” [Ahmed 7266, Bukhari 6818, Muslim 1458, Nasai 3480, Ibn e Majah 2006]
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When a married woman gives birth to a child, it is the de-jure recognition that the child is of her husband. If someone else claims to be its father, he would only get the punishment of the wrong he is making the confession for and he would not get the child; the married woman is not held responsible in this case unless she confesses to adultery. Note also that if the husband of some woman is sure that his wife is unfaithful to him but he does not have witnesses to his point, he has only the option of LI’AN putting the blame on his wife and then announcing divorce to her, the detail of which is given in Surah NOOR.
TOPIC 9-About one who looks at a woman and she pleases him
(1161)-Sayyidina Jabir (RA) narrated that the Prophet saw a woman so he went to (his wife) Sayyidah Zaynab (RA) and fulfilled his desire. When he came out, he said, “Surely a woman when she comes across, she comes in the shape of a devil. So, if one of you sees a woman and she pleases him, let him come to his wife, as indeed she has with her that, which is with the other.” [Ahmed 14544, Muslim 1403, Abu Dawud 2151]
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TOPIC 10-About a husband’s rights
(1162)-Sayyidina Abu Hurayrah (RA) reported that the Prophet (PBUH) said that if I were to command anyone to prostrate to anyone, I would have commanded woman to prostrate to her husband.
(1163)-Sayyidina Talq ibn Ali (RA) reported that Allah’s Messenger (PBUH) said when a man calls his wife to satisfy his urge then she must go to him even if she is at the stove.
(1164)-Sayyidah Umm Salamah (RA) reported that Allah’s Messenger (PBUH) said that the woman who spends the night while her husband is pleased with her will enter Paradise. [Ibn e Majah 1854]
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TOPIC 11-About a wife’s rights
(1165)-Sayyidina Abu Hurayrah reported that Allah’s Messenger said, “The perfect of Believers faith-wise are the best of them in conduct. And the best of you are the best of you with their women.” [Abu Dawud 4682]
(1166)-Sulayman ibn Amr ibn al-Ahwas reported that his father narrated to him that he observed the Farewell Pilgrimage with the Messenger of Allah (PBUH). He praised Allah and glorified Him and delivered a sermon and mentioned Allah. The narrator while recounting the Hadith related an account. He said, “Beware, I command to you to be good with the women as they are only (like) prisoners with you. You own nothing else over them besides that if they commit indecency openly you may separate them from (your) beds and beat them, a simple beating. So, if they submit to you then do not look out for ways to hurt them. Beware, you have rights over your wives and your wives have rights over you. As for your rights over your wives, they should not allow on your beds those whom you detest, and allow not in your homes those whom you detest. Beware, of their rights over you, do good to them in matters of their dress and their food.” [Ibn e Majah 1851]
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It is the asking of HIYA towards Muslim women that they do not come out of their homes without necessity and when they do come out because of necessity then they do not opt for their adornment as might attract men (see the narration-1170 coming ahead). That woman who attracts men by her adornment is the agent to the devil, knowingly or unknowingly, as that makes even the righteous men deviate from the righteousness. If some women do incline to such shameful manners then the men would opt for such ways that might keep the decent society upon its decent accepted norms. One of the ways for this is to ask more of sexual gratification from the wife at such occasions; this would cause him to remain to appreciable norms of the Islamic Society due to his own decent character (that has the care about the Islamic Morality). Ahadith about rights of the husband tell explicitly that the woman is under command of the man at the world. She would see to all that might please her husband keeping to his obedience where his command is not against the command of Allah though she certainly would advise him on all issues of life. Note well that the command of the man upon the woman is of an administrative value due to the examination that they both face here at the world. In other words, in the matters of AKHIRAT (the coming true life), they are equals and whoever has the better Belief upon Islam and better deeds according to it, he or she would indeed be the better one there. Even the strong and the weak physiques of both the man and the woman respectively clarify the point while the spirit gets better with nearness to the Truth only. Ahadith about rights of women clarify that actions do speak loudly how the man is; the decent person would always remain most decent to his wife caring about her in all ways possible; he would provide her moderate sustenance and guidance to the Truth without-fail as that is his liability towards her. When his wife does not let anyone from her MEHRAM enter her husband’s home if he does not like him and takes care about all amounts that have been given in her custody then the husband needs to value her presence with him. They both must have high trust in each other and must never break that trust; they both certainly must keep to commands of Allah.
TOPIC 12-It is prohibited to commit unnatural act with women
(1167)-Sayyidina Ali ibn Talq (RA) reported that a villager met Allah’s Messenger and said, “O Messenger of Allah, some of us happens to be in the desert where he might break wind and water is scarce there. (What must he do?)” So, Allah’s Messenger (PBUH) said, “When that happens to any of you, let him make ablution. And do not have intercourse with women through their anus. Indeed, Allah is not ashamed of the truth.” [Abu Dawud 205]
(1168)-Sayyidina Ibn Abbas (RA) reported that Allah’s Messenger (PBUH) said, “Allah will not look at a man who has intercourse with a man, or a woman through the anus.”
(1169)-Sayyidina Ali (ibn Talq) reported that Allah’s Messenger (PBUH) said, “If one of you breaks wind then he must perform ablution, and do not approach women through their anus.”
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TOPIC 13-About disapproval of women emerging with adornment
(1170)-Sayyidah Maymunah bint Sa’d (RA) the maid-servant of the Prophet (PBUH) said that Allah’s Messenger (PBUH) said, “The example of the woman who struts with swagger and with adornment before any other than her husband, is like darkness on the Day of Resurrection with no ray of light for her.”
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TOPIC 14-About modesty
(1171)-Sayyidina Abu Hurayrah reported that Allah’s Messenger (PBUH) said, “Allah has modesty and the Believer also has modesty. Allah’s modesty arises when the Believer perpetrates what is forbidden to him.” [Ahmed 9038, Bukhari 2143, Muslim 2761]
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It is one of the gravest sins for a man to have intercourse with some other man through anus and this was the wrong that destroyed the people of LOT (Salam on him) when stones fell on them crushing them to death (see the seventh Surah i.e. AARAF, verses 80 to 84); also a man must not have intercourse the un-natural way with his wife (though he might take-up different postures for the natural intercourse). The woman who attracts men by her fashionable make-up when she comes out of her home, would not get the light at the bridge that is on JAHANNUM (hell) and it is necessary to have some light there to cross it; each Muslim would have his or her light there yet hypocrites would not get any at that crucial time. The last Hadith at our study here tells that Allah abhors all acts of injustice (for which especially the Muslim men must remain higly watchful) and all acts of shameful nature (for which especially the Muslim women must remain highly watchful); these all are sins that lead the people to their punishments. The Holy Book Quran says, “Why should Allah punish you if you have thanked Him and have believed in Him. And Allah is Ever All-Appreciative (of good), All-Knowing” (4:147); Al-Hamdu Lillah.
TOPIC 15-About disapproval for a woman travelling alone
(1172)-Sayyidina Abu Saeed (RA) reported that Allah’s Messenger (PBUH) said that it is not lawful for a woman who believes in Allah and the Last Day that she travel (alone) on a journey of three days except that she is accompanied by her father, her brother, her husband, her son or any Mahram (besides them). [Ahmed 41515, Muslim 1340, Abu Dawud 17, Ibn e Majah 2898]
(1173)-Sayyidina Abu Hurayrah reported that Allah’s Messenger (PBUH) said, “A woman must not undertake a journey of a day and night without a Mahram accompanying her.” [Ahmed 7418, 9636, 81088, Muslim 1339, Abu Dawud 1723, Ibn e Majah 2899]
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TOPIC 16-Disapproved to stay alone with Na-Mehram women
(1174)-Sayyidina Uqbah ibn Aamir (RA) reported that Allah’s Messenger (PBUH) said, ‘Refrain from visiting women’. A man of the Ansar asked, “O Messenger of Allah, what do you say about Hamu?” He said, “Hamu are death.” [Ahmed 17352, Muslim 2172]
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MEHRAM for a woman are those men to whom her marriage is not allowed while NA-MEHRAM for her are those men to any of whom her marriage is allowed if she is or would have been un-married. Ahadith here tell us that she is not allowed to travel alone without MEHRAM for a day or for three days; the point to note is that at the disturbance of law & order somewhere, she is disallowed to travel alone there even for a day without MEHRAM or her husband while in the normal situation of law & order, she is allowed. However, if her travel is for more than a day then she would have to take the company of MEHRAM or her husband even at the normal situation; note also that the travel includes the days of stay too during it somewhere outside the destination. HAMU means the brother of the husband, elder or younger; the Muslim man must not remain alone with an unrelated woman (i.e. NA-MEHRAM); he must try his best to avoid such situation as much as possible even if it is for educational needs, medical needs or judicial needs.
TOPIC 17-No Caption
(1175)-Sayyidina Jabir reported that the Prophet (PBUH) said, “Do not visit women whose husbands are not at home, for the devil circulates in each of you as blood circulates. They asked, “And in you, too?” He said, “In me too, but Allah has helped me over him, so that I am safe.” [Ahmed 14329]
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TOPIC 18-No Caption
(1176)-Sayyidina Abdullah reported the Prophet (PBUH) as saying, “A woman must observe the veil because when she comes out, the devil seeks an opportunity to tempt her.”
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TOPIC 19-No Caption
(1177)-Sayyidina Mu’adh ibn Jabal (RA) reported that the Prophet said, “When a wife hurts her husband in this world, his wife in Paradise, from among the Hural-Ayn says “Do not hurt him. May Allah destroy you! He is only an alien with you and will soon separate from you to come to us.” [Ibn e Majah 2014, Ahmed 22162]
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Ahadith at these three topics here ask the woman to be highly watchful in matters that relate to HIYA and HEJAB; she might take such attitude unintentionally that causes the man to go astray from righteousness where he ignores the high Moral Values of Islam. The Muslim men also have to see that they do not remain physically alone in any way with un-related women and keep their gaze down while confronting women that have come outside of homes for some necessity; yet in matters relating to HIYA, women are much more liable to take care for their attitude by Islamic Teachings than men. Note that Islam commands the Muslim women to stay inside homes until some high necessity demands that they leave homes to see to it; then they would have to take HEJAB covering the whole body except eyes (at an environment affected with FITNAH) or covering the whole body except the face, both hands and both feet (at the Islamic Environment); their judgment would depend on attitudes of men at the environment they live in. So they are not allowed to show their adornment to men that might ask the attraction of men towards the beauty of their physique; that implies clearly that they must avoid all the make-up especially at the face in general to the extent possible for them and take simplicity in living; note that the Muslim woman is allowed to opt for the light make-up for her husband specifically.
13-BOOK OF DIVORCE AND CURSES (23 topics)
TOPIC 1-About Sunnah in divorce
(1178)-Yunus ibn Jabayr said that he asked Ibn Umar (RA) about a man who divorced his wife while she was menstruating. He asked him (about his own self), “Do you know Abdullah ibn Umar? He had divorced his wife while she was menstruating. So Umar (RA; his father) asked the Prophet PBUH (about it) and he commanded him to (revoke and) take her back. Umar asked him if (the pronouncement of) the divorce would be counted and the Prophet said, ‘What if he were helpless and mad’?” [Bukhari 5252, Muslim 1741, AD 2183, N 3399, Ibn e Majah 2022]
(1179)-Saalim reported from his father that he (the father) divorced his wife while she was menstruating. So (his father) Sayyidina Umar (RA) asked he Prophet (PBUH) about it. He said, “Command him to take her back, afterwards divorce her when she has purified, or is pregnant.”
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Islam highly disapproves of divorce; it is said that even when it is allowed at utmost necessity, it is the most loathsome among the allowed things by Islam; the word used in Arabic for divorce is THALAQ which means “to release some bond”. If there remains no option but to go for that after consideration of the matter for quite a while from every aspect, then the SUNNAH way is to pronounce the divorce once to the wife when the wife is in the state of physical purity and the man has not committed sexual intercourse with her in that purity. She would then pass her IDDAH of three months and the good thing about this bad matter of divorce is that he might reverse the decision during or even after the IDDAH without asking consent of his wife (she gave it when she married him) and keep her as his wife; one pronouncement of divorce ends for him and now there remains two only for the whole life as the man has the right of three pronouncements of divorce in total. If he wants to leave her it is not necessary that he does pronounce the other two divorces too to end-up the matter and the woman has the right to marry someone else after she has passed her IDDAH now being out of his bondage with only the one divorce that he had pronounced initially and he loses the two others for good. The divorce that is given irrevocably by pronouncing the words of divorce three times at once is BID’AH (that means any such practice that challenges the teachings of SUNNAH) though it would take place and also the divorce that is given at the period of menses to the wife is also BID’AH though that divorce is single in counting; it must be revoked as told in the H-1178 at the topic here. Our study in this matter must comprise of some necessary points of consideration as this matter of divorce, the most loathsome of allowed things, is unique by the Islamic Teachings. The first point to note is that the man has the right to divorce and the woman does not have that right; the second point to note is that according to Islamic teachings the expression of divorce in words by the man to his wife puts the divorce in effect and he has the right to pronounce the divorce three times so he might keep the marriage intact with his wife if he has pronounced the divorce upto two times; the third point to note is that the divorce that is pronounced once or twice is RAJA’I (revocable) and he might still keep his wife in his marriage but if the words to divorce are expressed three times that divorce becomes MUGHALLAZA (irrevocable) and they would no longer remain man and wife; the fourth point to note is that if the divorce is given by some vague words as for saying to the wife that ‘your matter has ended with me’ or words like that then the intention of the man values a lot so if he says he intended nothing but said those words to mean that he was not happy with his wife’s attitude towards him so it is nothing and if he says that he intended divorce by that then her wife would get one of divorces from him that is revocable; the fifth point to note is that if the husband says such words that render the choice of divorce to the wife saying words like ‘the matter of our marriage is in your hands so it would be as you decide’ then it would depend on her choice to remain with him or leave him by putting divorce on her own self and that would only be one even if she pronounces it many times upon her own self on behalf of her husband so her husband would lose one of divorces he has the right to and he could still keep her as his wife if he wills; the sixth point to note is that there is a very serious debate at present times on the issue if the man has used the words to divorce his wife in one sitting a number of times yet he clarifies that he intended only one divorce and the repetition was just to make the point clear so how should the matter be taken and the ULAMA of SUNNI Muslims take such divorce as MUGHALLAZA (with all the four IMAMS taking it as such) discarding the stance of the man totally while the Muslims that are AHLE-HADITH, and even those Muslims who are SHI’A, consider it as one divorce that is RAJA’I accepting the stance of the man totally so the man would still keep his wife into his marriage by this viewpoint (insha-Allah I, MSD, would take-up this moot point in the next of my notes here at the Hadith narrated by RUKANAH); the seventh point to note is that provisions for sustenance and shelter would be provided by the husband necessarily to his wife whom he has divorced in RAJA’I manner in her IDDAH and that is also necessary if the wife is in pregnancy, no matter whatever the manner of divorce has been taken-up in such situation, until she gives birth to the child; the eighth point to note is that if the man divorces his wife by MUGHALLAZA and she is not pregnant then according to ABU-HANIFA her sustenance and shelter has still to be provided by the husband as the case in the seventh point but SHAFA’I and MALIK take only the provision of shelter as necessary for her and not sustenance while according to AHMED nothing of the two is necessary here.
TOPIC 2-One who divorced his wife saying albattah (i.e. absolutely)
(1180)-Abdullah ibn Yazid ibn Rukanah reported on the authority of his father from his grandfather that he said that he went to the Prophet and said, “O Messenger of Allah! I have divorced my wife (the divorce) albattah.” He asked. “What did you intend by that?” He said, ‘One pronouncement.” He asked, “By Allah?” He answered, “(Yes), by Allah!” So, the Prophet (PBUH) said, “And that is as you had intended.” [Abu Dawud 2208, Ibn e Majah 2051]
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This Hadith that is known by the name of “the narration related to RUKANAH” among ULAMA falls against the stance that the repeated pronouncement of THALAQ (divorce) in one sitting is to be considered three (MUGHALLAZA). However, as the adverb ALBATTAH (absolutely) has some margin for the interpretation as one divorce or as three, ULAMA of AHLE-SUNNAH (SUNNI) have taken it to mean the former here in accordance with the intention of RUKANAH and so according to them this narration does not affect their stance of three pronouncements at one sitting as MUGHALLAZA. However the same word ALBATTAH is taken to mean three pronouncements at the narration by FATIMAH bint QAYS (see H-1183). Please note that in the narration at MUSLIM, that is at the second place in sequence in SIHAH-SITTAH after BUKHARI, the narration related to RUKANAH is presented on the authority of IBN-ABBAS (as also in ABU-DAWUD) in which it is clarified that the man had pronounced the divorce three times and told this plainly to the Prophet (PBUH) yet the Prophet took that for one divorce only as presumably that was said at one sitting and commanded him to take his wife back. There is another Hadith too narrated by IBN-ABBAS just after this narration about RUKANAH at MUSLIM where he was asked if he remembers that a divorce by three pronouncements was made a single one during the time of the Prophet (PBUH), and of ABU-BAKR (RA) and in the early days of the caliphate of UMAR (RA)? He replied, “Yes”. It is said that UMAR (RA) made this a law that whosoever pronounces the divorce three times even at one occasion that would be treated as three in effect and not as one as was done previously. There is another narration at MUSLIM and that interestingly too is by IBN-ABBAS where he decided against the man who had pronounced three divorces to his wife taking his divorces as three in effect too; this verdict might have occurred due to his adherence to the law UMAR had made about taking three pronouncements at one time as three in effect; also the man was clear on the point that he had pronounced three divorces without question. The best is the simple guidance that the intention of the man counts when he pronounces the words of divorce denoting that he is leaving his wife for good or it was just once that he intended; he must take an oath by the name of Allah and tell about his intention. At this issue, his word needs to remain as final as everyone knows his own self better than others and it is not allowed for Muslims to question morality of each other by taking someone as liar unless there are many valid reasons to it. However, the delicacy of the matter asks that ULAMA, especially of the SUNNI, consider the matter mutually seeing if any revision is possible in the decision UMAR (RA) took at the time of his caliphate in this matter; this revision might give some relief to those Muslim persons who ignorantly pronounce three divorces to their wives without any care to the consequences; note also that at that time, the divorced woman immediately married another man after her IDDAH as she did get proposals to her then, as men used to marry in general more than one woman yet today it has aroused much social problems to women; however, until the revision for the ruling does take place at this issue, the matter must better be decided in accordance with the ancient ruling so as not to cause commotion anywhere.
TOPIC 3-About saying your affairs are in your hands
(1181)-Ali ibn Nasr ibn Ali reported on the authority of Sulyman ibn Harb on the authority of Hammad ibn Zayd that he said to Ayyub, “Do you know of anyone besides Hasan who said that a man’s saying to his wife, ‘Your affairs are in your hands’ implied three pronouncements of divorce?” He said, “None, except Hasan.” Then he said, “O Allah, forgive! Only that Qatadah narrated to me from Kathir, the freed-man of Banu Samurah, from Abu Salamah, from Abu Hurayrah from the Prophet (PBUH) that he said about three divorces that they were effective.” So Ayyub said further, ‘I met Kathir, the freed-man of Banu Samurah and asked him but he did not know it, so I returned to Qatadah and informed him of it, and he said that he (Kathir) has forgotten.’ [AD 2204, N 3407]
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TOPIC 4-Concerning delegation of authority (to woman)
(1182)-Sayyidah Ayshah (RA) said, “Allah’s Messenger (PBUH) gave us option (to divorce or stay with him). So we chose (to stay with) him; is that then a divorce?” [Ahmed 25761, Bukhari 5263, Muslim 1477, Nasai 3200]
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The matter that is addressed at the narration-1181 tells about specific words that denote that the man has given the right to divorce to his wife and she might release the bond of marriage by pronouncing a divorce to herself. The narration here tells that the divorce that she pronounces upon her would be MUGHALLAZA but please note here that this narration is among the weakly-narrated ones and the stance of many SAHABA (UMAR and ABDULLAH included and ABU-HANIFA is in their following) is to take it as one of divorces only. The other Hadith narrated by Sayyidah AYESHA (RA) was actually narrated to refute such people who were spreading such rumors that perhaps the Prophet (PBUH) had divorced his wives so it clarifies that the divorce does not fall just by giving the choice by the husband to the wife but the woman would pronounce divorce to her own self on behalf of her husband; until then, she certainly would remain as the lawful wife to him.
TOPIC 5-After 3 divorces, husband not liable for her sustenance
(1183)-Shabi reported that Sayyidah Fatimah bint Qays (RA) said that her husband divorced her with three pronouncements in the times of the Prophet (PBUH). Allah’s Messenger said, “No shelter and no provision for you.” Mughirah said that he mentioned this Hadith to Ibrahim who reported that Sayyidina Umar (RA) said, “We cannot give up the Book of Allah and the SUNNAH of our Prophet (PBUH) for the word of a woman of whom we do not know whether she remembers or has forgotten.” Hence, Sayyidina Umar used to place upon the husband responsibility for shelter and provision during the iddah of the divorced woman. In other version of this Hadith, Sha’bi narrated that he visited Fatimah bint Qays and asked her about the judgement of Allah’s Messenger (PBUH) in her case. She said, “My husband divorced me the divorce al-battah. So I wrangled with him for shelter and provision, but the Prophet did not get me these things.” In the Hadith of Dawud, she is also quoted as saying, “He commanded me to pass my Iddah at the house of Ibn Umm Maktum.” [Ahmed 27415, M 1480, AD 2288, N 3400, Ibn e Majah 2024]
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TOPIC 6-Divorce is ineffective before marriage
(1184)-Amr ibn Shu’ayb reported from his father, from his grandfather that Allah’s Messenger (PBUH) said, “The son of Aadam may make no vow about what he does not possess, and he need not set free what he does not possess, and he may not divorce what he does not possess. [Ah 7009, AD 2190, Ibn e Majah 2047]
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TOPIC 7-Only two pronouncements of divorce for slave-girl
(1185)-Sayyidah Ayshah (RA) reported that Allah’s Messenger (PBUH) said, “The divorce of a slave-woman is to pronounce it twice and her iddah is two (monthly) courses.”
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We have studied a version of this same Hadith that is narrated here at 1183, at H-1138 too; here, the ruling of UMAR is provided too in this respect that he used to place the responsibility of the sustenance of the woman and her shelter upon the man. The next Hadith here is clear that anything upon which the man has no right, his decision for that is void so his pronouncement for divorce to the woman that is not his wife presently is an act totally invalid. Note that slavery is an obsolete matter now yet when it was in practice, the slave-woman that was married to someone with her master’s consent (and then there remained no right to sexual intimacy for him with her), her divorce was the pronouncement of the divorce two times by her husband and not three; also her IDDAH was two months that was calculated by her menses due to the lesser status she had, being in slavery at those times.
TOPIC 8-About one who divorces his wife in his mind
(1186)-Sayyidina Abu Hurayrah reported that Allah’s Messenger said, “Allah disregards from my Ummah the thoughts that come to their minds as long as they do not speak them out or act thereon.” [Ah 9503, Bukhari 5269, M 127, AD 2209, N 3433, Ibn e Majah 2040]
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TOPIC 9-Divorce takes effect even if pronounced in jest
(1187)-Sayyidina Abu Hurayrah reported that Allah’s Messenger said, “Three things take place when done seriously, but they also take place when done in jest. They are marriage, divorce and taking back a wife (after revoking divorce).” [Abu Dawud 2194, Ibn e Majah 2039]
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Although divorce does not take place when the man “thinks” of giving it yet it does take place if said in words even in jest as divorce happens to take place by the statement of the man; such also is the matter of marriage and of reversing the decision about divorce when it is revocable. That is why the man needs to remain highly careful to control his anger even if there seems much to antagonize him and the point to note here is that the whole of his relationship with his wife stands on words spoken. Note that there is Hadith that the Prophet (PBUH) said, “Whoever gives me the guarantee of two pieces of flesh (that he would not commit any indecency by any of them), I would give him the guarantee of JANNAH; one that is between the teeth and the other that is between the legs.” The respect of each one of the married couple depends upon the other and he or she might easily hurt the feelings and the status of the spouse by words or by being unfaithful. The marriage needs elasticity for its success to the extent possible from both sides yet talking about the man, if he sacrifices some of his habits (that does not put any burden to him in the Islamic sense) then insha-Allah this would lead to the best outcome possible.
TOPIC 10-About Khul’a (dissolution of marriage at wife’s request)
(1188)-Sayydah Rubayyi bint Muawwiz ibn Afra (RA) reported that she sought dissolution of her marriage in the times of the Prophet (PBUH). So the Prophet commanded her to observe Iddah till she got her menses once. [Nasai 3495, Ibn e Majah 2058]
(1189)-Sayyidina Ibn Abbas (RA) narrated that in the times of the Prophet the wife of Thabit ibn Qays sought separation from him (her husband). So, the Prophet (PBUH) commanded her to observe Iddah (waiting period) till she got her menstruation. [Abu Dawud 2229, Nasai 3349]
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TOPIC 11-Concerning women who seek Khul’a (divorce)
(1190)-Sayyidina Thawban reported that the Prophet (PBUH) said, “Women who seek divorce are hypocrites.” [Ahmed 3369]
(1191)-This Hadith is reported by Muhammad ibn Bashhar from Abdul Wahab Thaqafi, from Ayyub, from Abu Qalabah and he from an unnamed man, who from Thawban and he from the Prophet that he said, “The woman who seeks divorce from her husband for no reason will not even smell the fragrance of Paradise.” [Ahmed 22442, Abu Dawud 2226, Ibn e Majah 2055]
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KHULA means literally “to dispose-off” and in the discussion about the marriage by the Islamic Teachings, it means the demand of the woman to her husband to end the relationship between them whilst she surrenders the amount of MEHR to him that she had received from him. According to MALIK and ABU-HANIFA, this demand of KHULA when accepted by the man (or put into effect by some official authority) would cause the divorce (that is revocable) to take place and so the woman would see to her IDDAH of three months. SHAFA’I considers it the cancellation of the marriage and so according to him, the woman would complete her IDDAH with one period of menses only that she gets after the cancellation according to the Hadith of RUBAYYI bint MUAWWIZ (RA). AHMED also takes KHULA as the cancellation of marriage yet the ruling of his school is that she still would complete her IDDAH for three months. The HANAFI-School clarifies about H-1188 that RUBAYYI had very strict husband and that is why she was told by the Prophet (PBUH) to spend only one month there at his home; she had to pass the other part of her IDDAH at her parent’s home and though this last part is not reported yet clear to common sense. The same is said about the wife of THABIT ibn QAYS (her name is reported as HABIBAH bint SAHL-RA) that her husband too was very strict so most probably like RUBAYYI, she also was asked to spend her IDDAH at her parent’s home except for the first month that she had to spend at the place of THABIT ibn QAYS. Ahadith disapprove the demand for KHULA unless it becomes an extreme necessity to her; if any woman demands it when there is no extreme necessity for it then such woman is most blameworthy who certainly would be punished at AKHIRAT.
TOPIC 12-About treating women well
(1192)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger said, “Indeed, woman is like a rib. If you try to straighten it, you will break it and if you leave her alone then you will enjoy her in spite of the crookedness.”
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TOPIC 13-When the father commands the son to divorce his wife
(1193)-Sayyidina Ibn Umar (RA) narrated I had a wife whom I loved very much, but my father did not like her. So, he commanded me to divorce her, but I refused. I mentioned this to the Prophet (PBUH) and he said, “Abdullah ibn Umar, divorce your wife.” [Ahmed 5144, Abu Dawud 5138, Ibn e Majah 2088]
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It is improper for the man to pressurize his wife to make her understand something even if the man is certain of its validity in the given situation; TABLIGH (to convey the teachings of Islam) asks to clarify some issue well and then leave the choice to accept it (or reject it) upon the person addressed; this rule applies even here. Note that the Hadith tells that the woman is like a rib (and not that she was created from the rib of ADAM-Salam on him); the point it makes is that as the rib has some twist in its shape so the woman sometimes takes-up some unexpected attitude in some matter; the man needs to tolerate it patiently while he keeps to the Islamic Teachings trying his best to lead the matter towards its better side. As for H-1193, please note that though it is not allowed for the man to divorce his wife because his mother has asked for it or because his father has commanded for it yet the matter narrated here is unique. ULAMA have clarified that the woman IBN-UMAR (RA) had married was to become threat ahead to his high Islamic mode of life as the two pieces of same nature do not become compatible; it is as if honey and sugar are taken together at some drink that is already sweet and this leads to too much of sweetness; this thing is difficult to detect early. His father UMAR (RA) saw that early while IBN-UMAR in his love for his wife had not detected it so he asked the Holy Prophet (PBUH) and he told him to accept the advice of his father in this matter. This was exceptional as the advice to divorce her had come from UMAR (RA) and the Prophet (PBUH) had authenticated it.
TOPIC 14-Woman must not ask that her co-wife should be divorced
(1194)-Sayyidina Abu Hurayrah said that he was aware of this Hadith. The Prophet (PBUH) said, “No woman should demand that her sister (co-wife) should be divorced that she fill-up from her vessel (that is, appropriate her share).” [Bukhari 2140, M 1413, AD 3438, N 3236, Ibn e Majah 1867]
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TOPIC 15-About an insane’s divorce
(1195)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, “Every divorce is permissible, except the divorce by an insane person (or a person who has loss his senses totally).”
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TOPIC 16-(No caption)
(1196)-Sayyidah Ayshah (RA) narrated that during the pre-Islamic days, a man would divorce his wife as many times as he chose and he would revoke the divorce during her Iddah-a hundred times or more than that. In fact, a man said to his wife, ‘By Allah! I will never divorce you so that you remain with me and I will never approach you’. She asked, ‘How is that?’ He said, ‘I will divorce you and every time your Iddah is to end, I will take you back’. The woman went till she met Sayyidah Ayshah and informed her (of her plight). Sayyidah Ayshah (RA) kept quiet and said nothing till the Prophet (PBUH) came home and she informed him. He did not say anything till the Qur’an was revealed, “Divorce is twice; then either a retention with honour or a release with kindness” (2:229). Sayyidah Ayshah (RA) said that thereafter the people kept count of the divorce those who had pronounced previously and those too who had not.
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H-1194 tells that when the man has more than one wife they must try to live with peace and no one of them must scheme such ways that might lead to the divorce of any other wife. The phrase “that she fill-up from her vessel” means that a woman must not commit to such conspiratory ways that she becomes liable to get the share of the husband’s time (and also his physical fluid) that the woman divorced used to have for her; it would lead only to her own degradation in his eyes. The divorce pronounced by an insane person does not take effect yet if someone is afflicted with such schizophrenia where he becomes well aware of the situation at times, his divorce given to his wife at sanity would take effect. Here, H-1196 presents the reason for the limit in divorce to three pronouncements; it tells us that there were such rough men who used to abuse their wives, neither keeping them with love nor leaving them with decency. They were abusing the status they enjoyed as men and so the Holy Book Quran curbed the divorce to the three pronouncements for the whole life. Also, it put the ban onto the man that he would not keep more than four women at one time in his marriage while previously, he was allowed to marry as many women as he intended according to the custom of the day. Islam actually put limitation on the marriage by restricting the number of wives to four only at one time; see also H-1131.
TOPIC 17-About the woman who delivers after husband’s death
(1197)-Sayyidina Abu-Sanabil ibn Ba’kak reported that Sayyidah Subay’ah (RA) delivered her child twenty-three or twenty-five days after her husband’s death. When she purified after post childbirth bleeding, she adorned herself seeking to remarry, but objections were raised against her. That was mentioned to the Prophet and he said, “If she does that then she has already waited her number of days (and she is justified in marrying again).” [Ahmed 18738, Nasai 2505, Ibn e Majah 2027]
(1198)-Sulayman ibn Yasar reported that Sayyidina Abu Hurayrah, Ibn Abbas and Abu Salamah ibn Abdur Rahman discussed about a pregnant woman whose husband had died and who delivers her child after his death. Ibn Abbas (RA) said, “The lengthier period will be her Iddah (meaning, her waiting period will end on the birth of her child or completing of Iddah whichever is last). Abu Salamah (RA) said, “No, she will become lawful when her child is born.” Abu Hurayrah (RA) said, “I agree with my brother, Abu Salamah.” Then, they sent (the question) to Sayyidah Umm Salamah (RA), the noble wife of the Prophet (PBUH). She said, “Subay’ah Aslamiyah had delivered a child a few days after her husband’s death. She enquired from Allah’s Messenger (PBUH) who commanded her to get married again.” [Bukhari 4909, Muslim 1485, Nasai 3509]
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TOPIC 18-Iddah of a widow
(1199)-Humayd ibn Nafi reported from Sayyidah Zaynab bint Abu Salamah. She spoke to him about these three Ahadith (mentioned at this topic by three of the wives of the Prophet PBUH). She said, I visited Umm-Habibah (RA), wife of the Prophet (PBUH), when her father Abu Sufyan ibn Harb died. She called for a perfume that was yellowish or another substance. She applied it to a girl and then on her own cheeks, saying, “By Allah, I had no need for this except that I had heard Allah’s Messenger (PBUH) say, ‘It is not lawful for a woman who believes in Allah and the last day to mourn a dead person more than three days except that she mourn her dead husband for four months and ten days’.” [Ahmed 26816, Bukhari 680, Muslim 1486]
(1200)-Sayyidah Zaynab said that I then visited Zaynab bint Jahsh (RA), wife of the Prophet (PBUH), when her brother died. She called for perfume and applied it, saying, “By Allah, I had no need for the perfume other than that I had heard Allah’s Messenger (PBUH) say, ‘It is not lawful for a woman who believes in Allah and the last day to mourn over the dead for more than three nights except over her husband for four months and ten days’.” [Bukhari 681, Muslim 1487]
(1201)-Sayyidah Zaynab said further that I heard my mother, Umm Salamah (RA), wife of the Prophet (PBUH), say that a woman came to Allah’s Messenger (PBUH) and said, “O Messenger of Allah! The husband of my daughter has died. Her eyes ache. May she apply collyrium?” He said twice or thrice, “No.” She asked and he would disallow every time till he said, “These are only four months and ten days while during pre-Islamic days one of you would throw camel dung at the end of a year” [Bukhari 2168, Muslim 1488]
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IDDAH for the woman on the death of her husband is four months and ten days counting the day of his death as the day-one. IDDAT (or IDDAH; with period, the last letter of a noun if it is a “T” is changed to “H” by the Arabic Grammar) is the waiting period after which the woman might re-marry if she proposes to someone who accepts it (note that the widow is allowed to do so herself) or gets proposal that she accepts. However, if she is pregnant at the time then her IDDAH would be up-to the time she gives birth to the child, whether more than the specified period or lesser than it. Ahadith also clarify that only the husband is such person upon whose death, the woman should mourn for four months and ten days (that is her IDDAH) and she must not grieve over any other person for more than three days. Everyone dies and so with the acceptance of this fact, she needs to go on living her normal life after her IDDAH is over. The last Hadith points out the practice of some of the women before the advent of Islam at Arabia when they had completed the period of IDDAH; the woman used to throw the dung of camels with force in front of her after wiping it on her body; it was an acceptable custom and the woman indicated by this gesture that all filth has gone away from her now as after that only, she took bath after the long time of her IDDAH while Islam does not prohibit her taking bath in IDDAH.
TOPIC 19-About one who makes Zihar with his wife
(1202)-Sayyidina Salamah ibn Sakhr al-Bayadi reported about anyone having sexual intercourse before making atonement for Zihar that the Prophet said, “There is one of expiations only.” [Ibn e Majah 2064]
(1203)-Sayyidina Ibn Abbas (RA) reported that a man came to the Prophet (PBUH) after he had made Zihar with his wife and indulged in sexual intercourse. He said, “O Messenger of Allah, I have made Zihar with my wife and followed it with sexual intercourse before making expiation.” He said, “And what compelled you to that, may Allah have mercy on you.” He said, “I glanced at her ankle in the moon light (and was overpowered).” He said, “Now, do not approach her till you have done what Allah has commanded you to do (i.e. make the expiation first).” [AD 2221, N 3457, Ibn e Majah 2065]
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TOPIC 20-The expiation against Zihar
(1204)-Sayyidina Abu Salamah (RA) and Muhammad ibn Abdur Rahman ibn Thawban narrated that a man of Banu Biyadah, Salman ibn Sakhr Ansari, compared his wife to the back of his mother till the month of Ramadan ended. Barely had half the month passed when he had sexual intercourse with her in the night. He came to the Prophet (PBUH) and mentioned those things to him. Allah’s Messenger said to him, “Free a slave.” He said, “I cannot do that.” He said, “Then fast for two successive months.” He said, “I am unable to do that.” He said, “Then feed sixty poor people.” He said, “I cannot.” So, Allah’s Messenger said to Farwah ibn Amr, “Give him that bag. It contains fifteen or sixteen Sa’ enough to feed sixty poor people.” [Ahmed 16421, Abu Dawud 2213, Ibn e Majah 2062]
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ZIHAR occurs when the man says to his wife that she is like his mother or like any close MEHRAM to him that is always MEHRAM to him all his life; ZIHAR occurs even if he speaks about some specific part of his wife (as her back) to be similar to his mother’s or any close MEHRAM’s; note that ZIHAR comes from the word ZAHR that means the back. If someone calls his wife as his mother or as his sister, it is not ZIHAR as he says an untrue statement only. After ZIHAR, the man is not allowed to go near to his wife for his sexual need until he makes the expiation for the adverse words he had said foolishly. In the times of Ignorance (i.e. before Islam took hold in Arabia), when a man had committed ZIHAR his wife got out of his marriage but Islam allowed her to remain as his wife once he had given the expiation (see the first four verses of Surah MUJADILAH, the fifty-eigth Surah) that is either to free a slave; either to fast for two consecutive months; either to feed sixty poor people (15 SA’ in total according to SHAFA’I, 30 SA’ in total according to MALIK and AHMED). Note that MUDD was the measuring unit of that time that according to ABU-HANIFA comes to nearly 800 grams of today; SA’ is the higher unit in the same sequence that comprises of four MUDD so that is around 3200 grams. The lesser unit is RATAL that is half of MUDD, two of them making MUDD in the sequence and eight of them making SA’. Note that ABU-HANIFA asks to feed sixty poor persons in such way that each one gets the average of FITR (the amount of SADAQAH given at EID that comes after RAMADHAN). If a man commits the sexual act to his wife after ZIHAR before expiation, he must ask mercy from Allah with total repentance but there is no more of expiation than what is for ZIHAR itself as is clarified in H-1202. The narration at 1204 tells that ZIHAR was even made for some limited period in that time as SALMAH ibn SAKHR made it for RAMADHAN only. Note that Islam disapproves of ZIHAR and it needs total avoidance as speaking-out such words that cause ZIHAR to occur is idiocy for certain.
TOPIC 21-Concerning Eela
(1205)-Sayyidah Ayshah (RA) said that Allah’s Messenger (PBUH) took an oath of continence from his wives and made them unlawful for him. Then he made the unlawful lawful and made an expiation for his oath.
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TOPIC 22-Concerning Li’an
(1206)-Sayyidina Saeed ibn Jubayr narrated that during the times when Mus’ab ibn Zubayr was amir, I was asked about the couple who resorted to LIAN, whether they should be separated. I did not know what I should say, so I got up and went to Abdullah ibn Umar (RA). When I sought permission at his house, I was told that he was having a nap. He heard my voice and called out. “Ibn Jubayr, enter. You cannot have come without a reason.” I went in and he was resting on a coarse sheet which is placed on camel saddle. I said, “O Abu Abdur Rahman! Are the husband and wife who resort to lian separated?” He said, “Subhan Allah (glory to Allah)! Yes. So-and-so son of so-and-so was the first to ask this question, saying, ‘O Messenger of Allah, if one of us were to see his wife committing indecency, what should he do? If he speaks then he speaks on a major affair and if he keeps quiet then he maintains silence on a major affair’. The Prophet kept quiet and did not answer him. The man came back after a while and said, ‘He who had asked you about it is confronted with that problem.’ So, Allah revealed the verse that is in Surah an-Nur; And those who accuse their wives and there are no witnesses for them except themselves, the testimony of one of them shall be swearing by Allah four times that he is of the truthful (24,6-9). The Prophet thereafter, summoned that man and recited those words to him sermonised, reminded and advised him that the punishment in this world was lighter than the punishment in the hereafter. The man said ‘By Him Who has sent you with the truth I have not accused, her falsely’. Then the Prophet reiterated to the woman, sermonising, reminding and informing her that the punisment of the world is softer than the punishment of the hereafter. She said, ‘No, by Him Who has sent you with the Truth, he has not spoken the truth.’ The Prophet then began with the man and he bore witness four (times) testimony by Allah that he was of the truthful, and the fifth (testimony) that Allah’s curse befalls on him if he was of the liars. Then he repeated (the procedure) with the woman and she bore witness four testimonies by Allah that he was of the liars and the fifth that Allah’s wrath befalls on her if he was of the truthful. Then, the Prophet (PBUH) made the two separate from one another.” [Bukhari 2164, M 1493, N 3470]
(1207)-Sayyidina Ibn Umar (RA) reported that a man observed li’an against his wife. So, the Prophet (PBUH) made them separate from one another and gave to their mother, right over children. [Bukhari 2026, Muslim 1494]
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EELA means such oath of the man by the Islamic Jurisprudence that he would avoid any intimacy to his wife or wives for four months ahead. If someone takes such an oath for lesser period than four months then this is an ordinary oath and that also is sometimes loosely called as EELA (though it is not actually EELA). Note that the Prophet (PBUH) had made an ordinary oath once to keep away from all his wives for a month (that is loosely termed as EELA) and he gave the expiation for his oath after one month not prolonging it any more. According to three IMAMS except ABU-HANIFA, the man who had made EELA would be told after four months either to give divorce to his wives or either to denote clearly that he would keep them as his wives. ABU-HANIFA holds the view that when the four months pass, his wives would automatically receive one of divorces that would be revocable though he would have to marry them again if he intends to keep them as his wives. LI’AN means “to curse each other” and in the Islamic Jurisprudence when a man blames his wife with adultery then he would be asked to say four times keeping his own self in focus that he is truthful in his accusation and the fifth time he would say that if he has lied then the curse of Allah falls on him. Then his wife who had been accused would say four times keeping her husband in focus that he only is a liar in his accusation and the fifth time she would say that if he has spoken the truth then the wrath of Allah falls on her (see Surah 24: verses 6 to 10). By these statements, the man keeps off the HADD (punishment) of wrongly abusing a woman while the woman keeps off the HADD (punishment) of adultery respectively; this matter is specifically related to the man & wife when he had accused her of adultery and she had not cofessed to adultery. Three IMAMS except ABU-HANIFA take LI’AN itself enough for the separation between the man and the woman and they would not remain man and wife after that; ABU-HANIFA says that the matter is attended at the court so the man would announce the divorce to his wife then and there after LI’AN. She could never come into his marriage again and she would get the custody of the children that are young. If she gives birth to a child being pregnant at the time of LI’AN, he would not be referred to as the son of any particular man; in fact he would be referred to as the child that came after LI’AN. It is so very sad that in the world where doings of one affects the other, children often have to bear the adversity of quarrels inside the family. However, in the case mentioned in H-1206, the child rose to become the chief of great number of people though he was not much good at looks.
TOPIC 23-Where does woman spend waiting after husband’s expiry
(1208)-Sa'd ibn lshaq ibn Ka’b ibn Ujrah reported from his paternal aunt, Zaynab bint Kab ibn Ujrah, that Sayyidah Fari’ah bint MALIK ibn Sinan, the sister of Abu Sa’eed Khudri, informed her that I went to Allah’s Messenger (PBUH) and asked him whether I should return to my family, the Banu Khudrah. My husband went out to search for his slaves and when he was in the vicinity of Qudum, he found them but they killed him. So, I asked if I might return to my folk as my husband had not left for me any house that he owned or sustenance so Allah’s Messenger (PBUH) gave me the permission saying “Yes”. So I went back but while I was still in the room or the mosque, Allah’s Messenger (PBUH) called me or he ordered someone and I was summoned to him. He asked me to clarify what I said. I repeated to him the account I had recounted to him concerning my husband. He said, “Reside in your home till the prescribed period reaches its term.” So, I spent my Iddah in it for four months and ten days. When Uthman (the third Caliph) sent for me and asked me about it, I informed him and he abided by it and ruled according to it. [Ahmed 27155, Abu Dawud 2300, Nasai 3527, Ibn e Majah 2031]
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There is consensus of all IMAMS that the woman (when her husband dies) should pass her IDDAH at the husband’s place except when the place is not owned by the man and the person who owns it does not let her pass her IDDAH there. However no one among the IMAMS asks for her sustenance in this situation as she would surely get her share from the husband’s property if he has any. However, if she is pregnant then there is some difference among IMAMS as AHMED asks to provide her the sustenance too uptil the child-birth. Here, in this narration at the topic, the Prophet (PBUH) called the lady back as first he could not understand properly what she intended to ask and then hearing the matter for the second time in some detail, he told her to pass the IDDAH at her husband’s place as that seemed no problem to any of the family members of the husband. ABU-SAEED KHUDRI (RA), the brother of this lady, has narrated many Ahadith and many of them are recorded at JAME’ TIRMIDHI too. In the IDDAH of divorce, the point to note is that the husband would provide for her sustenance and shelter necessarily when he had divorced in RAJA’I manner; he is liable to provide that even when she is in pregnancy (no matter whatever the manner of divorce is) until she gives birth to the child; another point to note is that if the man divorces his wife by MUGHALLAZA and she is not pregnant then according to ABU-HANIFA, the husband would still provide for her sustenance and shelter as in the case of the RAJA’I but SHAFA’I and MALIK take only the provision of shelter as necessary for her (but not sustenance) while according to AHMED nothing of the two is necessary here. Also, according to ABU-HANIFA the divorced woman is not allowed to leave her home at any time while MALIK (and also AHMED) allow her to go out at the day-time on necessity. SHAFA’I allows the woman who has been divorced as MUGHALLAZA to go out at the day-time yet he does not allow the woman divorced as RAJA’I to do so. However, for the woman that is in IDDAH due to the death of her husband, all the IMAMS agree that she is allowed to go out on necessity at the day-time without any blame.
14-BOOK OF BUYING AND SELLING (77 topics)
TOPIC 1-About shunning doubts
(1209)-Sayyidina Nu’man ibn Bashir (RA) reported that he heard Allah’s Messenger (PBUH) say, “The lawful is clearly defined and the unlawful is clearly defined, but between them are matters that are doubtful. Many of the people cannot decide whether they are lawful or unlawful. So, he who avoids them to guard his religion and honour has indeed, taken the safe path. And he who falls into some of it nearly falls into the unlawful, just as a shepherd who grazes his animals on the borders of a sanctuary might take them to the other side. Know that every king has a sanctuary. And know that the sanctuary of Allah is that which he has declared unlawful. [Ahmed 18375, Bukhari 52, Muslim 1599, Abu Dawud 3329, Nasai 4463, Ibn e Majah 3986]
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From here starts the topic of Buying & Selling that is the topic of Business Transactions and its relation to the previous booklet is very clear as the marriage (and even the divorce) also has an aspect of the business transaction; it was then feasible to take all other matters that relate to business transactions. The Muslim person must remain extremely cautious in making business transactions that he takes up no such transaction that is against the teachings of Islam. Note that sanctuaries were the areas specified by the rulers at places at that time where only their cattle used to graze; their citation here is to clarify that as chances increase that the animals of someone might enter the sanctuary if he lets them graze near it, such is the matter when someone makes transactions that have some doubt to being unlawful. They might lead his business transactions to become challenging to clear Islamic Teachings and so the better thing for him is to leave doubtful transactions so as not to fall into any sins with time. He needs to remember that it is enough to have the necessities in the worldly-life and he must guide his best efforts to keeping the Belief at righteousness and virtuous deeds so that he achieves the true success that is of AKHIRAT (true life after this life); this is how Islam guides us; Al-Hamdu Lillah.
TOPIC 2-Concerning consuming interest
(1210)-Sayyidina Ibn Mas’ud (RA) reported that Allah’s Messenger (PBUH) cursed the receiver of interest, its payer, the witnesses (to the deal) and the scribe who writes it down. [Ahmed 3737, Abu Dawud 3333, Ibn e Majah 2777]
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TOPIC 3-About warning against lying and false testimony
(1211)-Sayyidina Anas (RA) reported from the Prophet concerning major sins that he said, “(They are) associating with Allah, disobedience and ingratitude to parents, killing someone and falsehood.” [Ahmed 12338, Bukhari 2653, Muslim 88, Nasai 4016, Tirmidhi 3029]
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H-1210 clearly tells about all those that are intimately connected with the dealing of interest, may that be simple or compound; the Prophet (PBUH) has cursed all such persons that relate to it. Due to this, ULAMA have unanimously disallowed the employment at banks where interest is at the base of all dealings though with its avoidance, there is some chance for their operation to become JAEZ. Moreover, Economics as of now takes interest as basis to the control of inflation with the capability to guide the prices at the market for commodities generally and even affect other matters of economic concern without any care to Islam. Note that Islam asks to care about AKHIRAT with all fervor; it does not favor to care about the world so much that it adversely affects getting the success there. The economic set-up as of now functions as the gravest of challenges to Islam; the Muslim persons could yet turn it in favor of Islam if they do accept by total heart that they have to live with minimum at the world caring maximum about AKHIRAT. It does need high sacrifice as the matter stands yet no doubt that it is attainable even now with better change in the thought that would insha-Allah lead to better change in the attitude; Al-Hamdu Lillah; please note well that every type of interest is HARAAM by the Islamic Teachings. That is why practicing Muslims try to keep current accounts (and not savings accounts) at banks (if they do have to keep them) where no interest is charged to their accounts; but as banks nowadays maintain transactions on the basis of interest in general so that even becomes assistance sometimes to wrongs that is HARAAM. Moreover, such of finances that multiplies the principal amount without efforts makes the man lazy (and even lousy) as it becomes burden to his psyche; at such situation, he becomes unable to fulfill his necessities even when he has more amounts available at his disposal. Even by the concepts strictly based on the study of the modern economics only, it has its faults yet in these brief notes I, MSD, would not go for any elucidation for this statement; those who really want to understand the matter well must study such ULAMA of repute who have done much work on the matter all over the world; Al-Hamdu Lillah. The other Hadith here tells that to tell lies to sell (or purchase) some item at the best possible rate is against Islam.
TOPIC 4-Concerning merchants and the Prophet’s address to them
(1212)-Sayyidina Qays ibn Abu Gharazah narrated that Allah’s Messenger (PBUH) came towards us. We were called Samasirah (by people). He said, ‘O group of traders! Surely the devil and sin are present in buying and selling. So blend your buying and selling with Sadaqah (that it might serve as expiation).” [Ahmed 16134, Abu Dawud 3326, Nasai 3803, Ibn e Majah 2145]
(1213)-Sayyidina Abu Sa’eed reported that the Prophet said, ‘The truthful trustworthy merchant is with the Prophet (PBUH), the Righteous Ones and the Martyrs (on the Day of Resurrection). [Ibn e Majah 2139; there it is by Ibn-Umar]
(1214)-Ismail ibn Ubayd ibn Rifaah (RA) reported from his father who reported from his grandfather that he came out with the Prophet (PBUH) towards the place of prayer. He saw people engaged in buying and selling. He said, ‘O assembly of merchants!” So, they paid attention to Allah’s Messenger and raised their necks and their sights towards him. He said, “The merchants would be raised on the Day of Resurrection as sinners, except those who fear Allah and are pious and truthful.” [Ibn e Majah 2146]
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These Ahadith at the topic tell clearly about the high merit of the righteous traders, merchants and business-men that if they try their best to be totally honest in their transactions, they would be in the company of the most virtuous of men at AKHIRAT. Note here that people used to call the traders whom the Prophet (PBUH) addressed, as SAMASIRAH (commission agents) and though there was no harm in calling them that yet the Prophet took the better words to address them that were ‘O group of traders’; this shows that for TABLIGH (calling towards righteousness), it is highly commendable to address the people as respectfully as possible especially if they happen to be Muslims. Another thing that the Hadith at the topic tells us is that SADAQAH (charity in the way of Allah) compensates for any lack in good deeds; all Muslim persons (especially those that relate to commercial activities) must always provide SADAQAH whenever possible and they certainly must provide it as much as possible; Al-Hamdu Lillah.
TOPIC 5-One who swears falsely on his wares
(1215)-Sayyidina Abu Dharr (RA) reported that the Prophet (PBUH) said, “There are three (kinds of) people towards whom Alalh will not look (with mercy) on the Day of Resurrection and He will not make them pure and for them is a painful punishment.” He asked, “Who are they, O Messenger of Allah? Indeed they are frustrated and losers.” He said, “One who brags of his favours, one who drags his lower garment (wearing it below his ankles), and one who swears falsely when selling his wares.” [Muslim 106]
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TOPIC 6-About going out early for business
(1216)-Sayyidina Sakhr Ghamidi reported that Allah’s Messnenger (PBUH) prayed, “O Allah, bless my Ummah in their early morning.” Thus, when the Prophet (PBUH) sent an expedition or an army, he sent it at the beginning of the day. And Sakhr was a businessman and when he sent his salesmen or agents, he sent them in the beginning of the day. So he became rich and had plenty of wealth. [Ahmed 15443, Abu Dawud 3206, Ibn e Majah 2236]
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The three persons that would receive a painful punishment at AKHIRAT have one thing in common that they consider their-selves something higher than others. One of them is that person who thinks that due to his care about someone (as he provided him for some of his needs at his troubled time), he is worthy of some high status; actually Allah is the True Provider and if he had not done good to him someone else would have done so if Allah had willed for it. Another of them in these three is the one who is extremely haughty; at that time those who considered their-selves someone special used to wear their lower garments below their ankles. And the third one of these is the one who swears on his goods that such stocks of high quality is unmatched though he knows at heart that the better quality is available. His merchandise would sell but if he decides to take load of fibs on him thinking his betterment in that attitude only, it is highly difficult to make such person understand the correct attitude to take in his trade. As for the next Hadith, it gives the simple message that the best time to initiate any good work is at the day-break; there used to be a saying to this effect forgotten ages ago that was “early birds get the worms”.
TOPIC 7-About permission to specify the price of something
(1217)-Sayyidah Ayshah narrated that the Prophet had a pair of worn out garments from Qatar on his body. When he sat down and perspired, they proved heavy on his body. So, when a consignment (of cloth) arrived from Syria for a certain Jew, she submitted to the Prophet saying, “If only you would send someone to him and buy from him a pair of garments (and it would be a loan) till it is easy for us to pay.” So, he sent someone to him, but the Jew protested, “I know for sure what you intend. You intend to take away my property or my dirhams.” Allah’s Messenger (PBUH) said, “He lies. He knows definitely that I am the most righteous of them and the most perfect at repaying debts.” [Nasai 4637]
(1218)-Ibn Abbas reported that when the Prophet (PBUH) died, his coat of mail was in pledge with a Jew for twenty SA’ of grain which he had taken for his family. [Ahmed 3409, Nasai 4660, Ibn e Majah 2439]
(1219)-Abu Qatadah reported from Sayyidina Anas that he went to Allah’s Messenger (PBUH) with barely and rancid fat. At that time, the Prophet had pledged his iron-coat (used for wars) with a Jew for twenty SA’ of provison that he had taken for his family. He had heard him say one day that by evening the family of Muhammad did not preserve a SA’ of dates or a SA’ of grain while he had nine wives then. [Bukhari 2069, Muslim 2437, Nasai 4620, Ahmed 12363]
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The living mode of the Prophet (PBUH) was very simple and he tried to live within necessities as much as possible; Ahadith at the topic also denote this well. Although the Prophet (PBUH) used to take care of his liabilities towards his wives well yet that was at the minimum required level where worldly matters were concerned. The narration that tells about the Jew speaking disrespectfully about the Prophet (PBUH) clarifies well that there were Jews at that time who never intended anything well for the Prophet (PBUH) though they knew totally well that the Prophet (PBUH) was the man of his word. Note that when the person seeks a transaction upon liability then he must specify the time to pay it to the seller; that is among the etiquette of the trade and so there is high probability that the Jew was told of that specific time; he should not have spoken such negative words. The Prophet (PBUH) could have punished him on such disrespectful attitude yet he did not make the matter an issue; he used to refrain much from answering any personal grudge that was kept against him by someone.
TOPIC 8-Recording conditional transactions
(1220)-Muhammad ibn Bashhar (RA) reported from Abbad ibn Layth, the draper, who heard from Abdul Majid ibn Wahb that Adda ibn Khalid ibn Hawzah said to him, “Shall I not read to you a document that Allah’s Messenger had recorded for me.” He said, “Certainly.” So he brought a document that said, “This is what Adda ibn Khalid ibn Hawzah bought from Muhammad, the (last) Messenger of Allah. He bought from him a slave, or a female slave, with no disease and no wickedness and that is not unlawful. This is a transaction between two Muslims.” [Ahmed 20357, Bukhari 34, Ibn e Majah 2251]
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TOPIC 9-About weights and measures
(1221)-Sayyidina lbn Abbas reported that Allah’s Messenger said to the people who measured their sales by capacity and by weight, “You are, indeed, entrusted with two matters on account of which earlier people, who were before your time, perished.”
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When the transaction is hand to hand there is no problem not to write, whether small or big, yet when it is on account, it should be written down. However, the financial transaction that takes place between close relatives (or those that are very near to each other by some relation) might be taken-up by EHSAAN as the matter hand to hand with total trust in Allah, the Almighty. The narration by Ibn-Abbas indicates that the people of the Messenger SHOAIB (Salam on him) were totally destroyed due to frauds in transactions by wrong countings of things that were sold by count and by wrong calculation of weight of things that were sold by weight. The Prophet (PBUH) guided attention towards it so that the people give every care to counts and weights and try their best that nothing of the sort happens that might be termed as frauds even if that is unintenional on their part.
TOPIC 10-About buying and selling through auction
(1222)-Sayyidina Anas ibn Malik (RA) reported that Allah’s Messenger (PBUH) decided to sell a saddle-cloth and a bowl. So, he said, “Who will buy this saddle-cloth and bowl?” A man offered to buy both for a dirham. The Prophet said, “Who will raise it over a dirham? Who will raise it over a dirham?” So a man paid two dirhams, and he sold both to him for that price. [Abu Dawud 1641, Nasai 4517, Ibn e Majah 2198]
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TOPIC 11-Concerning sale of mudabbar
(1223)-Sayyidina Jabir (RA) reported that a man of the Ansar assured his slave that he would be free upon his death. When he died and he left nothing in legacy save the slave then the Prophet sold him (on the master’s behalf) to Nuaym ibn Naham. Sayyidina Jabir (RA) said further that the slave was a Qubti (Copt) and died during the first year of the rule of Ibn-Zubayr. [Bukhari 1084, Muslim 997]
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To make business transactions by auction is allowed in Islam though it is wrong to give or take price for some commodity the sale of which has been finalized (see H-1137). Some ULAMA at the ancient time used to object to auctions but even from the ancient time, it became acceptable though it should be totally fair and not by such cheating that the auctioneer plants a man or two to bid and in that way tries to raise the price of the commodity unfairly. The next narration, H-1223, seems to tell us that the Prophet (PBUH) sold a slave after his master’s death on that master’s behalf; that slave was allowed freedom at his death (that is called MUDABBAR); ULAMA have generally commented here that though the Hadith is very soundly narrated yet there has been some fault in expression of words and the slave was actually sold in the master’s life. This is due to the fact that words for another version of this Hadith at another book of Adadith have been related in such way that there is some margin to take the words to mean that the master is explaining his condition to free him. This is possible to understand even here in JAME’ TIRMIDHI in English if you go on reading the sentence starting by “when he died” without any period at its back upto “the slave”. The next sentence starts by “then the Prophet sold him” and that means in the life of his master on the master’s behalf. So according to this explanation, when such will existed that the slave would become free from slavery at his master’s death, it was observed without any hurdle.
TOPIC 12-About dislike to receive sellers (outside city)
(1224)-Sayyidina Ibn Masud reported that the Prophet disallowed buying and selling from trade caravans outside the city (till they come into the city). [Bukhari 2164, Muslim 1518, Ibn e Majah 2180, Ahmed 4096]
(1225)-Sayyidina Abu Hurayrah (RA) reported that the Prophet (PBUH) forbade going out to meet a caravan that brings grain to the city. If any man meets it and buys anything then the owners of grain have choice on coming to the market (to cancel the deal). [Muslim 1519, Abu Dawud 3437, Nasai 4513]
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TOPIC 13-The city dweller is disallowed to sell goods of the villager
(1226)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger said and Qutaybah also reported having heard that the Prophet (PBUH) said “A city dweller must not sell for a villager.” [Bukhari 1083, Muslim 1520]
(1227)-Sayyidina Jabir (RA) reported that the Prophet (PBUH) said “Let not a man from the city sell for a villager. Let people alone, Allah will provide them from each other.” [Ahmed 14347, Muslim 1522, Abu Dawud 3442, Ibn e Majah 2126]
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This is disallowed that some trader from a place goes to some distributor at other place who is already putting his own similar commodity at the market there. However if he gives the right of distribution of his goods to him with other distributors too at the place then there remains no problem; there would be no monopoly. Although the market was very limited at that time in comparison to the market today (and even commodities were limited too) yet the guidelines for it that we have received from the Prophet (PBUH) are of utmost importance even today; it is clear by Ahadith at study here that Islam does not appreciate any such measures that cause the prices of commodities to rise unreasonably (especially of those commodities that relate to basic necessities). The trader does not only care for his personal profits by business transactions (and he has the right to it) but he also cares for the benefits of the person from whom he has bought the goods and of the person who buys the goods from him. Note that the business transaction needs to be free of DHARAR (financial harm to one side by such trickery from the other side that induces the former to finalize the transaction with unjust favorable financial effect to the latter) and GHARAR (some uncertain feature in the transaction that relates mostly but not specifically to the item for sale); both of these terms simply denote some negative aspect (insecurity) of the transaction that causes the financial harm to any of sides whereas GHARAR is subordinate to DHARAR; please note that I, MSD, would use GHARAR in its usual meaning of uncertainty in any manner in the business transaction yet I would leave-out using DHARAR in comments here. All persons related to the economic activities would see to benefits of the whole society wherever anyone of them might happen to be present at the chain of the trade. Monopoly certainly is one of the aspects of the imperfect market while other of its aspects are the shortage of supply for the demand of some specific commodity of general use; the imperfect market also comes at fore when buyers (or sellers) are unaware of true rates of commodities so the quality of the awareness in buyers (and even in sellers) and their quantity too matters a lot. If all persons related to the economic activities do take care that their activities not only favor their profits but also check the market that no adversity (being DHARAR or GHARAR) takes place there, it would cause even the poor to live with ease in getting his necessities; he would be able to live with care of the commands of Allah due to this ease in general that would prevail at the Islamic Environment; Al-Hamdu Lillah.
TOPIC 14-Prohibition to sell Muhaqalah and Muzabanah
(1228)-Abu Hurayrah (RA) narrated that Allah’s Messenger (PBUH) disallowed Muhaqalah and Muzabanah.
(1229)-Abdullah ibn Yazid reported that Zayd Abu-Ayyash asked Sa’d about buying simple barley against peeled barley. Sa’d asked, ‘Which of these two things is superior?” Zayd said, “The simple.” So, he disallowed that, saying, “I heard someone ask Allah’s Messenger (PBUH) about bartering dates for unripe dates. He asked those sitting besides him if the weight of unripe dates reduces when they ripen and it was confirmed to him that they reduce in weight. So, he disallowed that.” [Abu Dawud 3359, Nasai 4556, Ibn e Majah 2264]
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TOPIC 15-Disapporval to sell fruit before they are ripe
(1230)-Sayyidina Ibn Umar (RA) reported that Allah’s Messenger forbade sale of dates till they were brilliant in colour. [Ahmed 4493, Muslim 1535, Abu Dawud 3368, Nasai 4565]
(1231)-With the same Sanad, it is reported that the Prophet (PBUH) forbade sale of wheat till they were white and safe from calamity. He forbade (both) the buyer and the seller.
(1232)-Sayyidina Anas reported that Allah’s Messenger (PBUH) disallowed sale of grapes till they were black and of grain till they hardened. [Abu Dawud 3371, Ibn e Majah 2217]
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When the date is on trees, it is not right to sell it taking the same fruit by weight in return; this is called MUZABANAH. Likewise it is not allowed to sell wheat that is not yet cut in exchange of wheat that is cut taking that by weight; this is called MUHAQALAH. Three of IMAMS (except ABU-HANIFA) agree that exchange of dates that are of different kinds is not valid as the wet ones would dry and would become less in weight with time. ABU-HANIFA says that the present is worthy to see at this business transaction of dates and so the transaction is not invalid provided it is hand to hand and equal in weight; it is not relevant what the future holds. The better stance according to the Ahadith at the topic is of the three IMAMS evidently as the wet dates would certainly dry losing their weight and knowingly, it is wrong to present them in exchange of dates that are dry. The common sense does guide well that business transactions for all fruits that are fresh, ripe and full of flavor are certainly valid but the ruling about the unripe fruits is not such. Ahadith at the the next topic tell us that it is disallowed to sell unripe fruits (whether dates or others) but there is some detail here. The Ahadith that are narrated here mean (according to all IMAMS) that when the seller and the buyer make transaction of unripe fruits that are at trees on condition that the buyer would take them after some time so that they ripen well and until then they could remain at trees; this transaction is disallowed and this is the transaction that is addressed here. However, if such unripe fruits that are clearly seen at trees are sold on the condition that the buyer would take them now only and he would take care to ripen it afterwards or sell it unripe (some fruits are used unripe for pickles, for taste in food and for medical reasons) then all schools of FIQH plainly validate such transaction.
TOPIC 16-It is prohibited to sell the young of unborn off-spring
(1233)-Sayyidina Ibn Umar (RA) reported that the Prophet (PBUH) forbade sale of Habal-al-Habalah (whereby a man buys the off-spring of a she-camel still in its mother’s womb). [Bukhari 1086, Muslim 1514, Nasai 4633, Ahmed 5511]
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TOPIC 17-Fraudulent sale is forbidden
(1234)-Sayyidina Abu Hurayrah reported that Allah’s Messenger (PBUH) forbade insecure transactions and those depending on throw of stones. [Ahmed 8893, Muslim 1513, Abu Dawud 3376, Nasai 4530, Ibn e Majah 2194]
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TOPIC 18-Disapproval to combine two transactions in one
(1235)-Sayyidina Abu Hurayrah reported that Allah’s Messenger (PBUH) forbade combining of two transactions in one. [Nasai 4641]
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There was an amazing transaction that sometimes took place at those times that was named as HABAL-al-HABALAH; this meant that the owner sold the young of the off-spring that still is in the she-camel’s womb if that also is a she-camel when it comes to the world and when it conceives that young; that would be the grand-young of the camel or the cow that carries that off-spring. Strange; but we do have strange transactions in business even today and such often happens when people are given to the love of wealth much. The Prophet (PBUH) put a ban on this transaction as it had many aspects that certainly were GHARAR; the off-spring must be female, it must be physically fit to conceive as it grows well, it gives birth to a young that is physically-fit and of-course those who made the transaction must be around at the world to manage the deal for which the seller took the price. Insecure transactions means that price is given for the commodity but it is not certain if the buyer would get that specific commodity or not; the example is HABAL-al-HABALAH too and also the lottery-system in selling things that happens in fairs sometimes that someone takes a small sum of money from the buyer who would draw a slip so whatever is written there he gets that for the sum he had paid; sometimes even nothing. Another high example of this type of adverse transactions is “Insurance” as it is receiving of premiums on something that the buyer is not sure to get (as it is based on the future aspect of the circumstances) and as such, insurance is HARAAM. Note that it is totally fine if someone announces a prize for some worthy feat if he does not take any money against it but pays the prize on judgment of the competence of the winner. Other thing that comes in insecure transactions is where a person hits a thing with a ball or a ring and gets that thing with whatever sum of money he had paid and that is mostly at fairs too; even in the ancient days this used to happen as reported here in Hadith where stones were used instead of balls or rings and that might have been at ancient fairs too; these are the most glaring examples of GHARAR. If someone is selling a thing on instalments at the price higher than the market price of it at that time whilst he clarifies his total selling price to the buyer for it initially and receives the buyer’s consent to it, this transaction is valid and not included in GHARAR; the seller has no right then to increase that acknowledged price between them even if the buyer becomes unable to pay the amount payable upon him as per schedule. Also, Islam permits the giving and the taking of guarantee in some transaction that occurs on account by providing some personal asset to the seller or by providing the reference of some person who would pay on the behalf of the buyer if he fails to pay the payable on time. ULAMA have differed in taking the meaning of the Hadith that tells about not combining two transactions in one but the most acceptable meaning among them is that the transaction should not be conditional that the seller tells the buyer to sell some specific thing that he has and then he would sell his commodity that the buyer needs (so each one of them would become the seller and the buyer simultaneously); note that generally the barter way of dealing is fine with consent of both sides yet the force applied to any side makes it questionable; this is against the business etiquette and Islam guides to refrain from it; it certainly is blackmail.
TOPIC 19-Disallowed to sell what the seller does not possess
(1236)-Sayyidina Hakim in Hizam reported that he submitted to Allah’s Messenger (PBUH) that people came to him asking him for things that he did not have, “May he buy them from the market and sell them to these people?” He said, “Do not sell that which is not with you.” [Ahmed 15311, Abu Dawud 3503, Nasai 4624, Ibn e Majah 2187]
(1237)-Sayyidina Hakim ibn Hizam narrated that Allah’s Messenger (PBUH) disallowed him to sell which he did not have on his hands.
(1238)-Ahmad ibn Mani reported from Isma’il ibn Ibrahim, from Ayyub, from Amr ibn Shu’ayb who from his father and he from the grandfather of Amr ascending up to Abdullah ibn Amr that Allah’s Messenger (PBUH) said that Salaf-Wa-Bai are not lawful. Also, two conditions in one sale are not allowed. Also, profit of that to which he is not a guarantor is not allowed. In the same way, it is not lawful to sell that which is not in one’s possession.” [Ah 6683, AD 3504, Nasai 4642, Ibn e Majah 2188]
(1239)-Hasan ibn Ali Khallal, Abdah ibn Abdullah and many narrators, reported this Hadith from Abdus Samad ibn Abdul Warith, from Yazid ibn Ibrahim, from Ibn Sirin, from Ayyub, from Yusuf ibn Maahak from Hakim that Allah’s Messenger (PBUH) disallowed him to sell that which he did not possess.
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Business transactions without taking the commodity to sell in possession (as mostly happens in the stocks-exchange nowadays) is out-of-order strictly according to Islam. Due to the common practice at the stocks-exchange nowadays, ULAMA have sought out and have presented ways to make transactions at stocks at least MUBAH according to Islam. The best way to deal with stocks is the simple way to get it at hand and keep it at some ware-house (or even at the seller’s own site where he keeps it aside with clarification that the buyer is now responsible for it); then he is liable to sell it without incurring any breach of the Islamic guidance; if that commodity is at abundance in the society or if it is of no basic needs (but used for some specific need as it might be some part of some machine or some machine itself) then it would not amount to the hoard of stocks too. The narration at 1238 tells of the prohibition of SALAF-wa-BAI that is similar in the guidance of not making two transactions together becoming buyer and seller simultaneously; but the difference here is that the buyer, due to some of his personal problems, tells the seller that he would buy some commodity the seller has at the highest price if the seller gives him so-and-so amount in loan and the seller agrees; this also is a form of GHARAR (and also black-mail). Another meaning of SALAF-wa-BAI is told as someone gives a loan and tells the debtor that he would return some specific item like wheat against it after a month of the same amount; if he fails to do so then he would have to pay such and such amount more on that wheat to the creditor as it would mean that the creditor has sold that wheat to him on profits; this also is disallowed as there is no wheat in actual but only its mention that vanishes with the time elapsed and the amount of debt rises that is interest. These are ways to get interest on the money lent without using its name getting round of it somehow; such lame excuses to get interest on loans without getting the blame for it is HARAAM and Allah knows better.
TOPIC 20-It is disapproved to sell wala or to gift it
(1240)-Ibn Umar (RA) reported that Allah’s Messenger (PBUH) disallowed the selling of Wala or giving it as gift. [Bukhari 1244, Muslim 1506, Ahmed 4560, Abu Dawud 2919, Nasai 4668, Ibn e Majah 2747]
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TOPIC 21-Disapproved to sell animal against animal on credit
(1241)-Sayyidina Samurah (RA) reported that the Prophet (PBUH) forbade barter of any animal against an animal on credit. [Ahmed 20163, Abu Dawud 3356, Nasai 4631]
(1242)-Sayyidina Jabir (RA) reported that Allah’s Messenger (PBUH) said, “It is not proper to sell one animal against two. But, there is no harm in selling against spot payment.” [Ibn e Majah 2271]
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TOPIC 22-About buying one slave for two slaves
(1243)-Sayyidina Jabir (RA) reported that a slave came to the Prophet (PBUH) and pledged allegiance over Hijrah and the Prophet (PBUH) did not perceive that he was a slave. When his master came with the intention to take him away, the Prophet (PBUH) said, “Sell him to me.” So, he bought him against two black slaves. Thereafter, he never took pledge of allegiance from anyone till he had asked him if he was a slave. [Muslim 1602, Abu Dawud 3358, Nasai 4621, Ibn e Majah 2869, Ahmed 14778]
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WALA is the right to inheritance that the person gets on the property left by his or her freed slave if the slave has no relatives that would inherit. The one who frees the slave becomes ‘ASBAH that means in the Islamic Jurisprudence the person who relates to the deceased in such way that he gets the inheritance inevitably when something of the property of the deceased person is still left after the distribution of rightful shares to all his certain heirs. This right of WALA is non-transferrable by the possessor of it and that only is the owner that had freed him according to Ahadith so the one who gets this right of WALA would not sell it (or would not make it a gift to someone); see also H-1260 and also H-2133. Other persons too that possess the right to some inheritance are not allowed to transfer it as all such rights are non-transferrable. The point to note is those rights that are specified clearly in the Holy Book Quran and Ahadith for specific persons are not transferrable by them to others yet the rights that some person gets as his business rights by registration (like the trade-mark or the copy-right), he is allowed to sell them if he wills. The other Hadith guides that the sale (and the purchase) of animals (even if one is given or taken for two in exchange for some reason) is all right but that must remain hand to hand.
TOPIC 23-Disapproval for imbalanced exchange
(1244)-Sayyidina Ubadah ibn Samit (RA) reported that the Prophet (PBUH) said, “Sell gold for gold like for like, and silver for silver like for like, and date for date like for like, and wheat for wheat like for like, and salt for salt like for like, and barley for barley like for like. If anyone exceeds, in taking or giving then he has dealt in interest. Sell gold for silver as you like on spot payment, and wheat for dates as you like on spot payment, and barley for dates as you like on spot payment (dealing at credit or one being lesser in measure, these transactions are disallowed).” [Muslim 1587, Abu Dawud 3349, Nasai 4571, Ibn e Majah 2254]
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TOPIC 24-About coins
(1245)-Nafi reported that he and Sayyidina lbn Umar (RA) went to Sayyidina Abu Sa’eed (RA) who said to them that I heard with my two ears that Allah’s Messenger (PBUH) said, ‘Don’t pay gold for gold but like for like, and silver for silver but like for like. Do not pay more or less. Do not delay payment (to the future) but make payment on the spot.” (Bukhari 1097, Muslim 1584, Nasai 4570, Ahmed 11494]
(1246)-Sayyidina Ibn Umar narrated that I used to sell camels against dinars in the market named Baqi. In return I would take dirhams against dinars and sometimes sell for dirham and take dinars against dirham. Then I came to Allah’s Messenger and found him coming out of the house of Hafsah. I asked him about it and he said, “There is no harm in that against a (determined) price.” [Ahmed 4883, Abu Dawud 3354, Nasai 4593, Ibn e Majah 2262]
(1247)-MALIK ibn Aws ibn Hadathan (RA) narrated that I advanced (into the market) saying, “Who will exchange my dinars for dirhams?” Talhah ibn Ubaydullah who was sitting by Umar ibn Khattab said (to me), “Show me your gold and come back (after a while) when my servant comes and I will pay you by silver.” Umar ibn Khattab exclaimed, “Certainly not! By Allah, you will pay him the dirham (now) or return to him his gold. For, Allah’s Messenger said, ‘Silver for gold is interest unless it is prompt and on spot (payment), and wheat for wheat is interest unless it is prompt and on spot (payment), and barley for barley is interest unless it is prompt and on spot (payment), and dates for dates is interest unless it is prompt and on spot (payment)’.” [Bukhari 1081, Muslim 1586]
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Six commodities have been mentioned in H-1244 and these are not allowed for exchange but only equally (and the transaction also needs to be hand-to-hand). The reason to name these six specific commodities is that these used to be items of acceptability for transactions and were easily bartered at that time for other items; so they were in currency. However if they are exhanged among each other, equality does not remain a condition though even then the transaction must remain hand-to-hand. This tells that commodities that have value for easy exchange to other commodities being standard when they are exchanged by their own kind for some reason, they should be exchanged equally and hand to hand though the exchange of valuables among their-selves might be lower or higher yet that also should be hand-to-hand. Nowadays, when currency-notes are taken as the standard of exchange financially as they replace the gold in value by economics, it is not feasible to exchange the local currency for the foreign currency (unless equal in value and hand-to-hand) and this means that the dealing is fine by the exchange-rates of Rupees to Dollars as specified by the market (when they are exchanged hand-to-hand) as that certainly is equal in value and quality counts not the quantity. MALIK had taken this stance that it does not matter whether the standard of exchange has actual value as gold by general acceptance; that seems to be near to righteousness and this stance does not affect the concept about the exchange of different currencies by the exchange rate (hand to hand) as the value counts. When DIRHAM (of silver) equal to DINAR (of gold) in value are taken against sale or the other way round, that is no problem as the value counts; it somewhat is similar to the situation as if someone takes 1000 dollars by the notes of 10 dollars that amount to 1000 or takes it by the notes of 100 dollars for it that amount to the same value; here the quality matters and not the quantity for certain.
TOPIC 25-Selling dates after fertilising and slave having wealth
(1248)-Saalim reported from his father that he heard Allah’s Messenger say, “If anyone buys palm-trees after the dates are fertilised then its fruit belongs to the seller unless the buyer has placed a condition. And if anyone buys a slave who owns property then the property belongs to the seller unless the buyer has placed a condition.” [Bukhari 1106, Muslim 1543, Ibn e Majah 2211, Abu Dawud 3433, Nasai 4636]
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TOPIC 26-Option to both parties before they separate
(1249)-Sayyidina lbn Umar (RA) reported that Allah’s Messenger (PBUH) said, “They both, the two parties (of a transaction) have a right to annul the transaction till they have not separated, or kept the right intact (in the transaction to annul it later).” The sub narrator said that when Ibn Umar concluded a bargain and he was seated, he would stand up so that the bargain becomes Wajib (obligatory). [Bukhari 1062, Muslim 1531]
(1250)-Sayyidina Hakim ibn Hizam (RA) reported that Allah’s Messenger (PBUH) said, “The seller and the buyer have a right to annul the transaction as long as they do not separate. If they speak the truth and clarify everything then there will be blessing in their deal, but if they lie and conceal then blessing will be taken away from their deal.” [Bukhari 1053, Muslim 1532]
(1251)-Amr ibn Shu’ayb (RA) reported from his father who from his grandfather that Allah’s Messenger (PBUH) said, “As long as they do not separate the seller and the buyer have a right to annul the transaction unless it is a transaction with the right to annul included in it, and it is not allowed to one to separate from his friend apprehending that he might ask for an annulment.” [Abu Dawud 3456, Nasai 4490]
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TOPIC 27-(No Caption)
(1252)-Sayyidina Abu Hurayrah (RA) reported that the Prophet (PBUH) said, “The seller and the buyer must not separate except with mutual consent.” [Abu Dawud 3458]
(1253)-Sayyidina Jabir (RA) reported that the Prophet (PBUH) gave option to a villager after the sale transaction.
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When the place (with some trees) is sold then the fruits present at the trees is for the seller unless the buyer specifies that he is taking the trees with their fruits in this payment that he is giving to the seller and the seller accepts. The slaves were taken like property of masters in general at those times and so the property that belonged to the slaves actually belonged to their masters. At the sale of a slave it was necessary for the buyer to clarify that he intends to buy the slave with whatever property he has (especially if that property happened to be in cash) otherwise his property belonged to the seller; without the clarification, not only the slave lost his property to his master (the seller) but his new master (the buyer) also lost any claim to it. As for the issue to annul the transaction when the seller and the buyer are yet in one sitting (even if they both have finalized the deal), each one has the right to cancel it then and there. This is how SHAFA’I and AHMED take the matter but MALIK and ABU-HANIFA say that once the agreement becomes final, no-one of the two parties is liable to cancel it; they indicate that the Hadith relate to the time when the transaction is not finalized between them totally. Both these viewpoints have their reasons for them and both the sides of the transaction should see to the better of rulings in these where needed; their judgment would depend on the scope of the transaction, the financial strength of both the parties that make the transaction and the values of their respective businesses at the time and the place of the transaction.
TOPIC 28-About one who is deceived in a (sale) transaction
(1254)-Sayyidina Anas reported that a man who traded often always ended up deceived. The people of his house met the Prophet and said, “O Messenger of Allah, forbid him from committing any transaction.” So, he summoned him and disallowed him to trade, but he said, “O Messenger of Allah I cannot endure without engaging in trade.” The Prophet said, “Say when you engage in buying and selling ‘this is a transaction on equal terms and this is hand-to-hand and no deceiving’.” [Abu Dawud 3501, Nasai 4492]
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TOPIC 29-About an animal who was not milked
(1255)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger said, “If anyone buys such animal whose owner had accumulated its milk for many days then he has the right to return it after milking it, but he must also give one SA’ dates with it.” [Bukhari 1083, Muslim 1524, Ahmed 9016]
(1256)-Sayyidina Abu Hurayrah reported that the Prophet said, “If anyone buys a Musarrah (an animal whose teats were up that milk might accumulate) then he has the option (of three days) to return it, and he must return with it a SA’ of provision. But that must not be wheat, something other than wheat. [Muslim 1524, Abu Dawud 3444]
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The man that used to get deceived in business was named as HABAN; he was not much good in the business affairs and so the Prophet (PBUH) advised him on the basis of EHSAAN to leave business; either stay put or do some job. The man replied that he could not live without it and due to care about his passion for the business, the Prophet advised him to say to the buyers that either he would do business on cash (hand to hand) or either they promise sincerely that there would be no deceit in the transaction they make; another version of this narration at MUSTADRAK, one of books of Ahadith, tells that the Prophet (PBUH) told him to tell the buyers that he would have option for three days to cancel the transaction. MUSARRAH is the she-goat that is not milked by its owner for some time so it has good amount of milk at it; its buyer would get the impression that this animal certainly provides high amount of milk; this relates to GHARAR. When the buyer understands that he has been cheated (and that would be within three days), he is liable to return the animal with one SA’ of dates to the seller (or with the amount that is equivalent to it) that could do in exchange of the milk that he had received from the animal; he would take all his money back. The ruling for other animals that provide milk that is well to drink is also the same. Three IMAMS except ABU-HANIFA take the matter as reported in the Hadith; but, in these current times even the HANAFI-School inclines here to the stance taken by the three IMAMS.
TOPIC 30-Placing the condition to ride the animal that is sold
(1257)-Sayyidina Jabir ibn Abdullah (RA) said that he sold a camel to the Prophet on condition that he would ride it till his home (before handing it over). [Bukhari 2967, Muslim 715]
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TOPIC 31-To obtain benefit from that which is pledged
(1258)-Sayyidina Abu Hurayrah reported that Allah’s Messenger said, “It is allowed to ride an animal or consume its milk if pledged. Its feeding is the responsibility of the rider and who consumes its milk.” [Bukhari 2512, AD 3526, Ibn e Majah 2440, Ah 10116]
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According to three IMAMS except for AHMED, it is not right to sell something on conditions when the transaction is hand-to-hand. However, if some condition is well-known and has become part of the sale (as we see the guarantee for service or the replacement within a year for many of items sold), these are fine according to ABU-HANIFA and MALIK when they do not give unusual benefit to any one party of the transaction; SHAFA’I does not appreciate even such known conditions. AHMED says that if there is one condition only and not more then the sale is fine without any problem. Please note that whatever the condition, known or just one, they all must be MUBAH, not challenging the Islamic Commands in any way. Respectable TIRMIDHI has reported the event that is described here at the narration-1257 very briefly. Seeing other versions of this narration at other books of Ahadith, we get that returning from GHAZWA BANI-MUSTALAQ, the Prophet (PBUH) saw that the camel of JABIR (RA) was very slow; he touched the camel with some branch (the Prophet-PBUH was highly particular not to hit animals) that resulted in the high increase of its pace. Note that the Prophet PBUH never beat a woman or a child (or any weak person for that matter) any time anywhere for any reason whatsoever; even at wars, he tried his best not to wound any person though for the necessity of that time when the enemy was trying to end the impression of Islam, he did attend wars on the command of Allah. On the contrary, he always stood with the weak persons all his life and we also need to care for the weak persons in our own capacity; we all need to see that no harsh action is taken against any of weak persons (including the young students at schools and including the accused persons for some crime that are yet to be proved criminals); we all need to shape our attitudes according to Islam especially at the teaching department, at the medical department and at the justice department. If Teachers, Medical Practitioners and Judges become true to Islam, we would see very soon the Islamic Society in full flow insha-Allah. Coming back to the narration, note that the camel ran so fast that it went ahead of all and the Prophet (PBUH) offered to buy it. JABIR asked to take it without any price as gift from him but the Prophet declined that and told him that he would pay. The transaction was finalized but JABIR put the condition that he would give it at the time when they reach Madinah as he had no other conveyance available at the time. When they reached Madinah, he gave the camel to the Prophet (PBUH) and taking the money (that was given more by the Prophet than what was agreed and it is allowed for the buyer to pay more than what is agreed if he wills by his own as it is not any interest), he turned to go home. The Prophet (PBUH) called him and told him words to the effect, “JABIR! Do not hurry; Take your animal with you.” The schools of three IMAMS (who do not appreciate uncommon conditions in transactions) answer this narration by two ways. One answer is that there is another version of this Hadith at MUSNAD AHMED that tells JABIR descended from the camel then and there but the Prophet (PBUH) told him to ascend it till they come to Madinah so the Prophet had told him that by himself so no condition took place. Another answer is that the Prophet (PBUH) gave the camel back and this means that he wanted to assist JABIR financially in the best possible way so actually no business transaction took place. The other Hadith here tells us that the thing that has been pledged against the loan taken from someone, it is allowed for the owner to have benefits from it. Please note this interesting fact here that the Hadith is telling the right of the owner to get benefits from the pledged item; it is not for the person who has extended the loan against its guarantee as that would be interest.
TOPIC 32-Buying a necklace with gold and gems
(1259)-Sayyidina Fadalah ibn Ubayd (RA) reported that he bought a necklace during the Khybar expedition for twelve dinars. Gold and pearls were pierced into it. He unbound it and found it to be costlier than twelve dinars. So, he mentioned that to the Prophet (PBUH) who said, “Let it not be sold till it is unpierced.” [Muslim 1591, Abu Dawud 3352, Ahmed 24017]
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Things that have gold or silver in them (and these two elements have been taken the most valid standards for exchange from the ancient times), SHAFA’I does not allow their sale unless the gold or the silver is separated from them; both of these are standards for exchange in general but here (when they are sold for DIRHAM or DINAR) it would be gold for gold or silver for silver that is not allowed except when equal and hand-to-hand. Today the example for this would somewhat be like selling of the 100-dollar bill for 50 dollars and that certainly becomes an insecure transaction to the seller. However, ABU-HANIFA takes selling such an item against gold or silver as fine but keeping to Hadith, he points out that the sale must take the amount of money more than the gold (or the silver) in the item as then the surplus would become the cost for the other material present in the item (so it would amount to selling a 50-dollar bill for 100 dollars when the other 50 taken in surplus would be for the other material and not the gold or the silver in it if the buyer agrees); this would cause no insecurity to the seller and the buyer who is well-aware of the issue, does not face any form of GHARAR; however, this needs a good judgment of the gold or of the silver in the item and this also needs a good idea of the market-price of the gold or the silver at that time on the part of the seller. However, if both (gold and silver) are present in the item together then the best option is to separate them from the item and then only sell it at the market. For other things than gold or silver (that were edibles) that also were taken as the standard of exchange to commodities then (see H-1244), it is a moot point if they are liable to barter by their own kind equally and hand to hand now as they present no such status as of now; keeping to Ahadith, it is most feasible not to barter any of these by its kind but to sell it by gold or by silver; in other words, its sale needs to remain through cash (or through cheque) as we make transactions in general in the market today.
TOPIC 33-About condition WALA at freedom of slave
(1260)-Sayyidah Ayshah (RA) intended to buy Barirah. They (the sellers) put the condition of Wala. So, the Prophet (PBUH) advised her, “Buy her, for Wala is for one who pays the price or one who gains the blessing (by providing freedom to the slave).” [Bukhari 2169, Muslim 1504, Abu Dawud 2915, Nasai 4653, Ahmed 5936]
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TOPIC 34-(No Caption)
(1261)-Sayyidina Hakim ibn Hizam narrated that Allah’s Messenger sent him to buy for him a sacrificial animal for a dinar. So, he bought one and sold it with a profit of a dinar. Then he bought another in its place and came to the Prophet with a sacrificial animal and a dinar. He commanded him to sacrifice the animal and give away the dinar in Sadaqah. [Abu Dawud 3386]
(1262)-Sayyidina Urwah Bariqi narrated that Allah’s Messenger (PBUH) gave him a dinar and instructed him to buy for him a sheep. So, he bought for him two sheep and sold one of them for a dinar and came to the Prophet (PBUH) with a sheep and a dinar and mentioned to him what had transpired. He said, “May Allah make your transactions, with your hand, advantageous.” After that he went to Kunasah in Kufah and made great profit. He was the richest man of Kufah. [Bukhari 3642, Abu Dawud 3384, Ibn e Majah 2402, Ahmed 13380]
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The Hadith about WALA is clear by the note presented at H-1240 and the point to note here is that conditions that are based on GHARAR (the loss incurred mostly by the buyer due to some vagueness in the transaction that was avoidable) should not become the part of the business transaction. Muslims are like brothers and taking financial benefits from transactions with each other, they still have to care for each other that no unnecessary trouble falls on the other part. For Ahadith that tell that the Prophet (PBUH) got his DINAR back after the buying of the sacrificial animal, that happened two times; the first incident took place when HAKIM (RA) bought it on the instruction of the Prophet (PBUH) and then he met a man on the way back who asked if he would sell it; HAKIM replied in affirmative demanding two DINAR for it that the man paid and the other incident took place when URWAH BARIQI bought two sacrificial animals on the Prophet’s instruction and sold one for a DINAR; it seems that he was highly good at trade. As it is not allowed to change the specific animal taken for sacrifice with another animal or sell it on profits, the Prophet (PBUH) asked HAKIM to give the surplus in SADAQAH (charity) though the HANAFI-School disallows such exchange only when the sacrifice is not necessary but is given as SADAQAH by will; they explain that this DINAR received extra was for the sacrifice that was not obligatory so that DINAR was given in SADAQAH too. Most probably, the surplus DINAR that URWAH BARIQI had brought was given in SADAQAH too but the Prophet (PBUH) made DUA for him and he became one of the richest men of KUFAH that used to be then the capital-city at Iraq; the success in the business comes to the man when four things of value come to activity together that is some amount of wealth (his capital with some place that he assigns for his economic activity), his efforts in the right direction (his labor and the management of the labor of his employees), his will to adhere to the worthy task that he has taken up (strength of his psyche that comes by TAWAAKUL upon Allah) and most important of all, the blessing from Allah; note that Economics today takes the land, labor, capital and entrepreneur (who manages the three to his financial benefits) as the four factors of production of wealth (with the consideration that the business establishment is a separate entity); it totally ignores the blessing from Allah at these factors while by the Islamic Teachings, this ignorance is the gravest of faults in Economics today; see Surah KAHF, the fifth RUKU; Al-Hamdu Lillah.
TOPIC 35-About the Mukatab who can pay for his freedom
(1263)-Sayyidina lbn Abbas (RA) reported that the Prophet (PBUH) said, “When a slave who has bound himself to buy his freedom receives blood-money or an inheritance, he will inherit according to the extent he has been emancipated. The Prophet also said, “As for his bloodwit, it will be paid for him (to his heirs) to the extent he has paid for his freedom the bloodwit of a free person and remainder of bloodwit for a slave is to his master.” [Abu Dawud 4582, Nasai 4829]
(1264)-Amr ibn Shu’ayb reported on the authority his father from his grand father that he heard Allah’s Messenger (PBUH) say, “If anyone agrees to set free his slave at a hundred ooqiyah and he pays it except ten ooqiyah or, he said ten dirhams then he remains to be a slave.” [Abu Dawud 3927, Ibn e Majah 2519, Ahmed 6678]
(1265)-Sayyidah Umm Salamah (RA) reported that Allah’s Messenger (PBUH) said, “If the Mukatab of one of you has so much as would buy his freedom then observe the veil before him.” [Abu Dawud 3928, Ibn e Majah 2520, Ahmed 36535]
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These Ahdith at the topic tell about the rights of and obligations upon a slave; in the present era, this matter has become obsolete. The Hadith at 1263 is abrogated by the Hadith at 1264 as is taken by all IMAMS and they say that the slave (unless he is fully liberated from slavery) would have the same rights and the same obligations that are of a slave when liberated partially. The point to note here is presented at the H-1265 that has high importance even now and that is the concept of SADDE-ZARAE’, the closing of means to wrongs. It was allowed for the Muslim woman not to observe veil from her male-slaves (but ABU-HANIFA asked them to observe veil even from their male-slaves too) though it was not the common practice for woman to have male-slaves; such male-slaves did not entertain any thought of intimacy towards their female-owners though the female-slaves when they were in custody of men (that were their masters) had also the obligation to see to the sexual needs of their male-masters; men could even marry another man’s slave-woman taking her as wife and then there remained no obligation for her to see to her master’s sexual needs adhering to her husband totally but the woman at that time did not marry any slave that might be of her own or of any other person. However, when the male-slave (under the authority of the Muslim woman) had enough money that assured his freedom, the Prophet PBUH commanded that she observes veil from him (as he becomes like the free man in the ruling); this is the concept of the closing of means to wrongs. This concept mostly applies where there is clear threat to fall in any shameful act and the Holy Book Quran has commanded not only to refrain from all shameful acts but it clearly has asked even to avoid the proximity to them. A verse says, “Say: Come I will recite what your Lord has forbidden to you-- (remember) that you do not associate anything with Him and show kindness to your parents, and do not slay your children for (fear of) poverty-- We provide for you and for them-- and do not draw nigh to indecencies (shameful acts), those of them which are apparent and those which are concealed, and do not kill the soul which Allah has forbidden except for the requirements of justice; this He has enjoined you with that you may understand (6:151). Another verse tells us, “Say: My Lord has only prohibited indecencies, those of them that are apparent as well as those that are concealed, and sin and rebellion without justice, and that you associate with Allah that for which He has not sent down any authority, and that you say against Allah what you do not know (7:33). This same Surah that is AARAAF narrates the event of Adam where it informs that due to eating the prohibited fruit, their private parts came in view of each other that were concealed before. Note that the verse-19 of this same Surah relates that Adam and Eve were told not to go even near to the tree that had the prohibited fruit. After relating the event, a verse says, “O Children of Adam! Let not Satan seduce you, in the same manner as he got your parents out of the Garden, stripping them of their raiment, to expose their private parts; for he and his tribe watch you from a position where you cannot see them; We made the evil ones friends (only) to those who are without faith” (7:27).
TOPIC 36-If debtor is penniless & creditor sees his asset with him
(1266)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, “If anyone turns penniless but then a man finds with him his merchandise (or articles) intact then he has more of right to it than others.” [Bukhari 2402, Muslim 1559, Abu Dawud 3519, Ahmed 7127]
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TOPIC 37-Prohibited for Muslim to hand over wine to Dhimmi
(1267)-Sayyidina Abu Sa’eed (RA) reported that they had wine belonging to an orphan. When (the Surah) al-Ma’idah was revealed (prohibiting wine) he asked Allah’s Messenger (PBUH) about it and said, “It belongs to an orphan.” He said, “Pour it out.”
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All four IMAMS have ruled according to this Hadith that the man who has turned penniless (bankrupt) and has some personal assets (besides those that relate to his basic necessities), those would be sold by auction and the amount received would be distributed among his creditors according to the ratio of their loan in the total. But there is some difference of ABU-HANIFA with three IMAMS in the particular case that if the person (that has turned penniless) had taken something in loan from someone and now the creditor finds that object with him intact in features even after the declaration of his bankruptcy, the specific creditor would receive it then and there while other assets would be auctioned; the amount received from their sale would be distributed accordingly among his creditors; ABU-HANIFA includes that object too in assets of the person (who has now become penniless) and he rules that it also is returnable only as ratio to all his creditors; the stance of three IMAMS seems better in this case that all accept in general. The next Hadith guides that just as the drinking of wine is HARAAM so are all its transactions. May Allah give all Muslims TAUFIQ to keep away from this evil and also give all of them TAUFIQ to keep it totally away from the Islamic Environment; Al-Hamdu Lillah.
TOPIC 38-No Caption
(1268)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, “Return the trust to him who has trusted you with it, but do not commit treachery with one who commits treachery.” [Abu Dawud 3535]
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TOPIC 39-It is necessary to return that which is borrowed
(1269)-Sayyidina Abu Umamah (RA) reported having heard Allah’s Messenger (PBUH) say during his sermon of the Farewell pilgrimage, ‘What is borrowed must be returned, the guarantor is held responsible, and a debt must be repayed.” [Abu Dawud 3565, Ibn e Majah 2398, Ahmed 22357]
(1270)-Sayyidina Samurah narrated that the Prophet (PBUH) said, “On the hands is what it has taken till it returns it.” Qatadah said that Hasan forgot after that and said, “He is your trustee. There is no penalty against it, the borrowing.” [Abu Dawud 3561, Ibn e Majah 2400, Ahmed 20107]
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The Muslim person needs to care about the trust that the people have shown upon him; he needs to see that he commits no such thing that is termed as treachery by those who have trusted him. The next couple of Ahadith clarify the point and three things are mentioned here; first is that what is borrowed must be returned, second is that when a person provides guarantee for something, he would pay for what he has guaranteed when necessary and third is that the debt is the payable amount which is returnable at the period specified for its payment. These all are clear by the sense of good morality that human-beings possess but about borrowing something, the next Hadith gives some concession; it says that there is no penalty if the person damages the borrowed commodity. That is why QATADAH who was narrating this Hadith from HASAN said that HASAN has forgotten when he added that there is no penalty against something borrowed. However, it is most probable that the Hadith is correctly narrated by HASAN from SAMURAH; HASAN meant that the borrowed item would be returned without anything more upon it but if it is lost or if it is used-up, then the returnable would be something equivalent to it and nothing more.
TOPIC 40-About hoarding grain
(1271)-Sayyidina Ma’mar ibn Abdullah ibn Nadlah reported that he heard Allah’s Messenger (PBUH) say, “No one withholds goods till price rises, but is a sinner.” The narrator said that he remarked to Sa’eed (Ibn Musayyab), “O Abu Muhammad, but you too withhold goods.” He said, “Ma’mar also did that (in things that are not edibles)” and it is also reported about Sa’eed ibn Musayyab that he hoarded olive-oil and hay and the like (which are not edibles). [Muslim 1605, Abu Dawud 3447, Ibn e Majah 2154, Ahmed 15758]
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Note that to stock edibles that are among the basic necessities to sell them in future when the rates are high is HARAAM, except for the stock that relates to the turnover for some period. However those edibles that are not taken as necessities to the common man or those items that have some utility in the market but they are not among edibles, they might be stocked provided this hoard does not cause GHARAR at the market to consumers. This means that when there is ample stock of those items in the market within easy access of consumers and supply is not necessary, then it is fine to stock such items and SAEED Ibn MUSAYYAB hoarded such items only; the notable point here is that even when edibles that are among the basic necessities are in abundance, it is not right to stock them but they should be supplied to the market. This denotes one of the basic differences of the Islamic system in marketing and the system that relates to Capitalism. Islam asks the Muslim not to forget even at the market that he has the liability to care for EHSAAN (good natural tendency) too with ADL (rights & obligations defined by the law) while in Capitalism, the law of demand & supply (that is highly faulty needing much provisions for its application) would see to the market. Muslims are brothers who must care for each other where the demand and the supply of some commodity is not harmonious; they must take into consideration individually (and even collectively) that no GHARAR occurs in transactions at the market (and no other kind of DHARAR too in any manner) even if that might cause some harm financially to their own-selves. Please note that Economics is the study that relates to the social life of the man and it depends totally on attitudes of human-beings; the Muslim person must live upon necessities at the worldly life with utmost care towards the true success at AKHIRAT; that is the Economics by Islam. Note also that it is not enough to say that the study of modern Economics deals with the normal man in the ordinary business of life until the terms “normal man” and “the ordinary business of life” are totally clear. The most important thing to keep in mind is that Prophet MUHAMMAD (PBUH), the last messenger of Allah and one of the greatest men ever born in the history of mankind, lived only with necessities at the worldly life; this was by choice only so what does the study of Economics say about that. Social studies that are related to attitudes of human-beings like Civics, History, Astrology, Psychology (and even Economics) need to look at inside of the man (with the consideration that the man him-self is at charge in these disciplines), and not at his outside with things he deals with that have no life in them; this error has led to such mistakes in understanding of rules of these that probably it would take a long period now to better the situation even if the students of these do accept that grave mistakes certainly have been committed here and Allah knows better.
TOPIC 41-Selling animals whose milk is accumulated
(1272)-Sayyidina Ibn Abbas reported that the Prophet (PBUH) said, “Do not go out to meet merchandise. Do not tie up the udders of the animals (to deceive buyers thereby). And do not cheat some of you the others (presenting yourselves as buyers to raise prices).”
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TOPIC 42-Appropriating a Muslims property taking false oath
(1273)-Sayyidina Abdullah ibn Mas’ud (RA) narrated that Allah’s Messenger (PBUH) said, “If anyone takes a false oath to appropriate a Muslims property then (on the Day of Resurrection) he will meet Allah while He is angry with him.” Sayyidina Ash’ath said “This was about me. By Allah, indeed that was between me and a man among the Jews, a piece of land (that we held together). But, he disowned me. So, I took him to the Prophet who asked me, ‘Do you have a witness?’ I said, ‘No’. He asked the Jew to take an oath, but I interrupted, ‘O Messenger of Allah, he will take an oath and go away with my property’. On that occasion, Allah revealed --- “Surely those who barter Allah’s covenant and their oaths, for a small price” (3:77 to the end). [Bukhari 1176, Muslim 138, Tirmidhi 3007, Abu Dawud 3243, IM 2323, Ahmed 4049]
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H-1272 comprises of different matters that have already been addressed at other places in this booklet; see the previous note and also notes at H-1224 to H-1227; see also the note at H-1256. The next Hadith tells the importance of the sense of Good Morality that even if someone is able to do wrong with commitment to the law of the land without care to the other party, he must not do it. If he gets away with the wrong he does to somebody, he would surely have to face the torment for it at AKHIRAT; if someone is wrong then ultimately there is no chance to safety for him. The Holy Book Quran guides to this and gives the message that it is much better to understand the Truth now than to repent in AKHIRAT.
TOPIC 43-About what happens if buyer and seller dispute
(1274)-Sayyidina Ibn Mas’ud reported that Allah’s Messenger (PBUH) said, “When the two parties disagree, the word of the seller prevails while the buyer has option (to withdraw).” [Abu Dawud 3511, Nasai 4657, Ahmed 4444]
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TOPIC 44-About selling excess water
(1275)-Sayyidina lyas ibn Abdul Muzaniy said that the Prophet (PBUH) disallowed sale of water. [Abu Dawud 3478, Nasai 4670, Ibn e Majah 2476, Ahmed 17236]
(1276)-Sayyidina Abu Hurayra (RA) reported that the Prophet (PBUH) said, “Excess water must not be disallowed in order that thereby herbage may be prevented.” [Bukhari 2253, Muslim 1566, Nasai 5774, Ahmed 8328]
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The Hadith about difference of seller and buyer informs about the last option when there remains no chance of reconciliation with whatever proofs both the sides are providing in favor of their respective viewpoints; then the word of the seller prevails but the buyer would get the right to cancel the transaction then and there if the viewpoint of the seller is unacceptable to him. It is disallowed to sell the flowing water and this issue is addressed in H-1275 so when it flows through the land of some person, he would make sure that the water does not stop at his land; as it passes from its land, people might benefit from it and other lands also get their share. Note that it is not right to sell water when it is for personal needs; however, if a man has some well at his land with such stock of water that does not cause the flowing water any harm then if someone asks to buy the water from that reserve for business needs, it is allowed for him to sell it; the calculation of the quantity of water sold must be accurate or at least near to it so that the transaction does not become deceit causing some GHARAR by it. Also a man must not forbid animals to graze in his land for the grass (called herbage here) that grows by rain; he must not charge anything for the grazing of animals as due to it, he would take the blame on him of not providing the grass that actually is not his asset; however, he does have the right to prevent entrance to them when he has some valuable crops cultivated there.
TOPIC 45-Disapproval of payment; pairing male & female (animals)
(1277)-Sayyidina Ibn Umar reported that the Prophet (PBUH) forbade seeking of wages for pairing male and female (animals). [Bukhari 1134, Abu Dawud 3429, Nasai 4680, Ahmed 4630]
(1278)-Sayyidina Anas ibn Malik (RA) narrated that a man of Kilab asked Allah’s Messenger about hiring a male (i.e bull) to pair with a female (i.e. cow), but he forbade him. However, he said, ‘O Messenger of Allah, we leave the male (with the female) and people give us gifts. So he gave permission to receive that.
(1279)-Sayyidina Rafi ibn Khadij (RA) reported that Allah’s Messenger (PBUH) said, “The earnings of a cupper are bad, the remuneration paid to a prostitute is bad and the price paid for a dog is bad.” [Muslim 1568, Abu Dawud 3421, Nasai 4294, Ahmed 17259]
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TOPIC 46-About price paid for a dog
(1280)-Sayyidina Abu Masud Ansari (RA) said thatAllah’s Messenger (PBUH) forbade the price paid for a dog, remuneration paid to a prostitute and sweets (gifts) to a soothsayer. [Bukhari 2237, Muslim 1576]
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TOPIC 47-About earnings of a cupper
(1281)-Ibn Muhaysah, brother of Banu Harithah, reported from his father that he sought the Prophet’s (PBUH) permission to receive wages against cupping. He disallowed it. However, he did not cease to ask for permission till the Prophet said, “Use it to pay for the feed of the camel and food for the slave.” [Abu Dawud 3422]
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When some person needed his cow to conceive but he did not have a bull, there were people who used to provide the bull on some payment for some period of time. The Prophet (PBUH) prohibited taking this price though he did not disallow this practice; animals do not have much of moral sense and they are not MUKALLAF (answerable; expected to follow rules to avoid injustice and to avoid shamelful acts). However, if someone gave some amount without any force by his own will, he allowed taking that. About the sale of dogs, the point to note is that the dog that is allowed to keep (that is for hunting, for security of the cattle and watching the crop-fields), this type of dog might be sold or bought without any problem. The prohibition here is for the dog that is kept as a pet or just uselessly for play; transactions for such dogs are not allowed. Note that cupper means the person who used to cure people of different diseases by sucking-out blood from the site of affliction by his mouth. This needed force in sucking and it did make things better many times for the afflicted person so it was an accepted way of cure in those times but it did cause bad blood to fill the mouth of the cupper at times and that was not appreciable. The importance of understanding of Ahadith with good study comes clearly at fore at H-1279 where we find the mention of three remunerations; the remuneration of the cupper is MAKRUH-TANZIHI (that means it is not strictly avoidable though that work and the amounts it gets have some feature of dislike in it), the remuneration of a prostitute is HARAAM (that means it is totally forbidden as that work and its payment is extreme filth) and the rumeneration of selling dogs have two aspects; if they are sold for allowed matters then their sale and the amount received is MUBAH (allowed) and if they are sold for disallowed matters then there sale and the amount received is HARAAM (strictly forbidden); so three matters that are mentioned as forbidden here, they all have their own ruling and their own level of prohibition. Note that any amount given to or taken by the person that tells about the future is disallowed and this is how H-1280 guides; nobody knows the future so any claim to such knowledge is in itself futile. However, that person whom Allah gives some indication by dreams, he might know instantly about what the future holds by the power of interpretation that he has for it by the blessing of Allah; it is changeable towards better by keeping the attention only towards Allah; He Only is the True Authority; Al-Hamdu Lillah.
TOPIC 48-About permission to pay wages to the cupper
(1282)-Humayd narrated that I asked Anas (RA) about the wages of a cupper. He said, “Allah’s Messenger (PBUH) had himself cupped and Abu Taybah was the cupper. So, he commanded that two SA’ provision be paid to him and also recommended his masters to remit the Khiraj from him. And, he said that the best healing that you can adopt is cupping, or he said that the most excellent of your medicines is cupping.” [Muslim 1577]
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TOPIC 49-About dislike for the price paid for dogs and cats
(1283)-Sayyidina Jabir (RA) said that Allah’s Messenger (PBUH) disallowed the price paid for dogs and cats. [Abu Dawud 3479]
(1284)-Sayyidina Jabir (RA) reported that Allah’s Messenger (PBUH) forbade eating cats and (taking) their price. [AD 3480]
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TOPIC 50-No Caption
(1285)-Sayyidina Abu Huraryrah (RA) said that he (the Prophet) forbade the price paid for a dog except a hunting dog.
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Here at H-1282 we find that cupping is allowed and in fact at necessity, it is even appreciable if the cupper takes care that the blood he sucks does not enter his stomach; this tells us that the work is MAKRUH-TANZIHI that the person might take-up at necessity. Note that there are some of cures in the modern times that are not allowed to take even at some necessity; these mostly relate to genetics and to such features in cure which Islam takes as highly shameful. KHIRAJ means here the amount of money that the masters asked from their slaves to earn on daily basis and SA’ was the measuring unit for weights of that time equivalent to some 3.2 Kg of today. Ahadith at the topic-49 tell about the prohibition of sale of cats (and of eating them) too; the sale of cats is not strictly forbidden yet by the Ahadith here, it is better that they are presented in gifts rather than taken by business transactions; eating them certainly is disallowed. The last of Ahadith here tells that a person might sell the dog when it is for the need of hunting; here the matter has not been reported in full as a person might sell dogs that watch the cattle or watch the fields of crops without any problem as other Ahadith explicitly denote.
TOPIC 51-About disapproval of sale of singers
(1286)-Sayyidina Abu Umamah (RA) reported that Allah’s Messenger (PBUH) said, ‘Do not sell singing-girls, nor buy them, nor teach them (to sing). And there is no good in this business and the price paid for them is unlawful.” It is about like this case that this verse was revealed, “And of mankind is he who buys frivolous discourse” (31:6 to the end). [Muslim 2168]
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Note that Islam does not appreciate singing, dancing or any type of entertainment that relate to the performance of women in a mixed gathering. Dancing of women is one of the worst of things in view of Islam, especially when taken-up in open, though even their singing is not appreciable with whatever splendor they present their feat. As for the singing of men (but not dancing), note that with care about number of conditions, it is fine as some light entertainment (not making that routine in any way); singing for the man might even be a positive trait even in such gathering where few women are present (but with some seclusion). Besides the care for the decency in the gathering, the most important points to note for the singing of men are as follows. The first point to note is that words of songs must not challenge the Islamic Morals in any way (and the ordinary Muslims would decide this matter yet with total devotion to Islam). The second point to note in this respect is that singers, players of instruments and musicians must not be professional as their occupations to livelihood must be some other works while the music remains a pastime to them and to all those who enjoy music. The third point is that the music must be soft and not a rhythmic din of some kind (as the fast music is not appreciable in an Islamic set-up). The last point in these important ones for this matter is that instruments used for the songs must not be more than two because high number of instruments give the impression of the song being something professional and also breaks the rule of making the song just a presentation of the soft music. It is better if a computerized gadget that is able to provide different musical voices, is used for the song with the set-up of the tone for two musical instruments; this would fulfill the minimum requirement of the music (yin and yang) in the song that must remain soft in nature. Please note that other conditions too might be valid here though the level of their importance might vary; please note also that if musical instruments are kept aside, the singing of men does not bother even many of the conservative ULAMA. Though much strict in this issue, they might tolerate the decent singing of men to quite an extent (even with the two musical instruments) insha-Allah where there is no professionalism and no mixed musical concerts. The Holy Book Quran does not ban music in clear words but there is a verse that is taken to prohibit music though even that is not directly related to the matter (it is the sixth verse of Surah LUQMAN that is the thirty-first Surah, mentioned here in the narration at the topic). It tells about the evil of taking useless stories that the true knowledge would never appreciate; it descended about the man among infidels NADHR-IBN-HARITH who had bought some story books from Persia that narrated about Alexander and about the warriors of Persia; he had also bought a singing slave-woman who induced the Muslim men towards herself indecently. So, the verse tells of the negativity of accepting any fictious statements and of leaning towards the indecency of the singing women; when Muslims do avoid such negativity then the music (with care to its conditions) might become tolerable in the Islamic Environment. The whole universe is manifesting rhythm in its motion that Islam certainly appreciates and due to this, all must appreciate it. Note that there are Ahadith that show some reservation about music yet almost all of them are open to interpretation as prohibiting professional attitude towards the music (especially where the music related to the singing women as the singing of songs was generally confined to them only at those times); they do prohibit the total engagement in it taking it more than some form of relaxation as is evident even here in H-1286. As for the Cinema, please note that there would be no film industry in the Islamic Society as that violates much of the Islamic Morals though TV, when its channels are few only in number and they care for the teachings that Islam gives about good morality, might well operate in the Islamic Society with this low quantity and high quality. The Islamic Environment would put any restrictions on information only due to the Islamic teachings regarding morals; this certainly would not occur because of any censorship on the speech. We all must learn from each other but not let the Islamic Morals suffer as the Islamic Environment is highly particular to that and Allah knows better.
TOPIC 52-Disapproval to separate relatives while selling
(1287)-Sayyidina Abu Ayyub (RA) reported that Allah’s Messenger (PBUH) said, “If anyone separates a mother and her child then Allah will separate him and his dear one on the Day of Resurrection.”
(1288)-Sayyidina Ali (RA) narrated that Allah’s Messenger bestowed on me a gift of two slaves (who were) brothers. I sold one of them. So, he said to me, “O Ali, what did your slave do?” I informed him of that and he said repeatedly. “Bring him back, bring him back.” [Ibn e Majah 2249]
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TOPIC 53-Who finds defect in a slave he buys after some work
(1289)-Sayyidah Ayshah (RA) reported that Allah’s Messenger (PBUH) gave judgment that the defect found in a slave was offset by the profit derived from his work. [Abu Dawud 3508, Nasai 4497)
(1290)-Abu Salamah reported from Yahya ibn Khalaf who from Umar ibn Ali who from Hisham ibn Urwah who from his father who from Sayyidah Ayshah (RA) that Allah’s Messenger said, “The profit from everything offsets its defect.”
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Although slavery is an obsolete matter now yet we do get the message here that the Prophet (PBUH) was highly knowledgable in understanding of human emotions too. Slaves had rights but little at those times and care for them if any, could only take hold through the lenient attitude of their masters towards them so the Prophet (PBUH) tried to guide the people at lead to righteousness as much as possible. For the next Ahadith, note that at those times slaves had to earn money for their masters with whatever capability they had and these Ahadith tell that if a slave had such defect that it had to be returned to the seller, his earnings for his master (the buyer) are not returnable; it is then compensation that benefits the buyer for the defect that the slave had and for whatever he had spent on him when he was in his custody. Neither the seller pays back anything more than the price he had taken for the slave nor the buyer gives anything else than the slave in return; and so the buyer keeps all the earnings of the slave which he had earned while at his custody.
TOPIC 54-About permission to one who passes by the fruit
(1291)-Sayyidina Ibn Umar (RA) reported that Allah’s Messenger said, “He who goes into a garden is allowed to eat its fruit, but he cannot gather them in anything.” [Ibn e Majah 2301]
(1292)-Sayyidina Rafi ibn Amr (RA) narrated, “I hit stones on the date trees of the Ansar. They came and caught me and took me to the Prophet. He said, ‘O Rafi way did you pelt stones at their palm-trees?’ I replied, ‘O Messenger of Allah, I was hungry’, so he said, ‘Do not throw stones. Eat that which is lying down. May Allah satiate you and quench your thirst’.”
(1293)-Amr ibn Shu’ayb reported on the authority of his father from his grand father that the Prophet (PBUH) was asked about dates on plam-trees. He said, ‘If a needy person passes by them and eats them without collecting them then there is no harm.” [Abu Dawud 1710, Nasai 2490]
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TOPIC 55-About disapproval to allow exception in bargain
(1294)-Sayyidina Jabir (RA) reported that Allah’s Messenger (PBUH) forbade Muhaqalah, Muzabanah, Mukhabarah and Thunya, unless it was known (how much it is). [Bukhari 2119, Muslim 1539, Nasai 3879, Ahmed 4882]
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It depends on the usual practice of the area that might allow a person to eat from the fruits that fall from the trees and where such custom prevails, there in no harm in taking the fallen fruits without asking anyone. It seems that this was customary at those times at Madinah, at least for most gardens, and the reason RAFI was caught was that he was throwing stones at trees to make the fruits fall; that was not allowed. Where the custom does not allow such practice of taking the fallen fruits, there all persons should strictly avoid it as that might cause unnecessary quarrels. When the date is on trees, it is not right to sell it taking the same fruit by weight in return; this is called MUZABANAH. Likewise it is not allowed to sell wheat that is not yet cut in exchange of wheat that is cut taking that by weight; this is called MUHAQALAH. The other two things that are prohibited here are MUKHABARAH and THUNYA; the former means to share the crops of a land giving that to a man to cultivate in some specific ratio while the latter means to give the field on rent expressing without specifying the trees that besides the rent, the fruit at couple of trees would also be his; but in this latter issue if trees are specified and the man taking it on rent agrees to it then the transaction is fine. Note here for MUKHABARAH that it is taken only as MAKRUH-TANZIHI as such transactions have been tolerated by the Prophet (PBUH); in the land of KHAYBER, he made this deal with Jews that whatever produce is received from the cultivation of the land, it would be shared half & half, both sides sharing equally. However, the specification of a particular piece of the land by the owner, that the produce here would be his share, is not allowed. Also, if he fixes an amount of produce and not the ratio of the total then that also is not allowed; example for this prohibited transaction would be that the owner of the land asks the cultivator to give 10000 kg of the produce to him and the rest the cultivator could keep for him-self; note that this is not taken as rent here but relates to MUKHABARAH; as such, this becomes the transaction that causes GHARAR and is disallowed.
TOPIC 56-Disapproval of selling grain before possession
(1295)-Sayyidina Ibn Abbas (RA) reported that the Prophet (PBUH) said, “He who buys grain must not sell it before he gets possession of it.” Sayyidina lbn Abbas said. “I think it applies to everything of this kind.” [M 1525, AD 3496, N 4609, Ah 3481]
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TOPIC 57-Disapproval to make an offer against brother’s offer
(1296)-Sayyidina Ibn Umar reported that the Prophet (PBUH) said, ‘None of you must sell at a lower price what is offered by another. And none of you must propose marriage to a woman when another has done so.” [Bukhari 2139, Muslim 3436, Nasai 4510, Ibn e Majah 2171, Ahmed 4531]
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TOPIC 58-About selling wine and prohibition to do that
(1297)-Sayyidina Abu Talhah (RA) narrated that he said, “O Prophet of Allah, I had bought wine for the orphans under my care.” He said, “Pour out the wine and smash down the jars.” [Abu Dawud 3675, Ahmed 12190]
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We have previously studied the matter narrated at the topic-56 here and for that the note at the topic-19 of this booklet would suffice insha-Allah. For H-1296, note that it is not allowed for a person to ask someone to end the transaction that has already been finalized; even if the transaction is at the final stage, the same ruling applies that he must not intervene in the matter and wait for the transaction to end in positive or negative then if the matter remains open, he might bid as the buyer there. The last hadith (1297) here condemns the usage of the wine in any manner as it is totally HARAM (see also H-1298 and H-1299 ahead); note that according to the specification of ABU-HANIFA about the wine (that is especially related to dates and grapes to him and other of things that intoxicate have some detail in his viewpoint), there is some margin to use alcohol in medicine where necessary and in chemicals used in industries where works on cloth is taken-up (notably the textile industry) where necessary; so its sale and purchase by this intention of use at such necessities is allowed in view of the school he leads though other IMAMS do have much reservation to that; by the viewpoint of HANAFI-School, if the seller of cocaine is totaly certain that it would be used in medicine only, he is allowed to sell it for such use yet that sale is highly specific so if someone finds any doubt that the buyer might consume it just for the relaxation of mind, he is totally forbidden to sell it to any of such buyers.
TOPIC 59-Prohibition to prepare vinger from wine
(1298)-Sayyidina Anas ibn Malik (RA) reported that someone asked Allah’s Messenger (PBUH) if he could prepare vinegar from wine. He said ‘No.’ [Muslim 1983]
(1299)-Sayyidina Anas ibn Malik reported that Allah’s Messenger (PBUH) cursed ten man concerning wine. (1) One who extracts it; (2) One who gets it extracted; (3) One who drinks it; (4) One who delivers it; (5) One to whom it is brought; (6) One who serves it; (7) One who sells it; (8) One who receives its price; (9) One who buys it; (10) One for whom it is bought. [Ibn e Majah 3381]
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TOPIC 60-Milking animals without permission of their masters
(1300)-Sayyidina Samurah ibn Jundub (RA) reported that the Prophet (PBUH) said, “If you come to a herd of animals and their owner is present then seek his permission. If he gives permission then milk (the animal) and drink it. But, if there is no one then call out three times and when someone answers, seek his permission. If no one answers you then milk the animal and drink but do not carry any milk away.” [Abu Dawud 2619]
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TOPIC 61-About selling hide of dead animals and idols
(1301)-Sayyidina Jabir ibn Abdullah (RA) narrated that he heard Allah’s Messenger say in the year of conquest (of Makkah) while he was at Makkah, “Indeed, Allah and His Messenger have forbidden the sale of wine, dead animal, swine and idols.” Someone asked. “O Messenger of Allah! What do you say about fat of dead animal, for it is used to coat and plate ships and anoint skins, and people light lamps with it.” He said, “No, that is unlawful.” He added thereafter, “May Allah destroy the Jews! Allah made unlawful for them fat, they melted it and sold it and consumed its price.” [Bukhari 2236, M 1581, AD 3486, N 4669, Ibn e Majah 2167, Ah 14479]
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The ruling to drink the milk of she-goat at the travel is the same as noted at the topic-54 that we have studied just recently. Not only with the permission of the owner (that was not much difficult to get for travelers in those days due to an environment of care among people for the travelers generally), but also when someone had given the call for the attention of the owner, three times at-least, he was allowed to milk the she-goat and use the milk then & there; the custom that prevailed allowed it whether he got the permission by the call or not. However, where such custom does not prevail, the man must better hold himself back from taking-out the milk unless permitted even if he is needy. As for H-1301 narrated by JABIR (RA), there are four things that are prohibited to take in sale or purchase; we have studied about the wine in the previous note and the notable point here is that the trade in the parts of dead animals (that die naturally or by accidents except for fish when in good shape), the trade in swines and the trade in idols is also HARAAM.
TOPIC 62-About disapproval to take back a gift
(1302)-Sayyidina Ibn Abbas (RA) reported that Allah’s Messenger (PBUH) said, “Not for us is the evil example of one who takes back his gift, being like a dog that returns to its vomit.” [Bukhari 2621, Muslim 1622]
(1303)-Sayyidina Ibn Umar reported that Allah’s Messenger (PBUH) said, “It is not allowed for anyone to take what he has given as a gift except for the father who can take from what he has given to his son.” Muhammad ibn Bashhar reported from Ibn Abu-Adi and he reported from Husayn ibn Muallim and he reported from Amr ibn Shu’ayb and he reported from Tawus who reported it from Ibn-Umar and Ibn-Abbas. [Abu Dawud 3539, Nasai 3692]
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TOPIC 63-About al-Araya and its permissibility
(1304)-Sayyidina Zayd ibn Thabit (RA) reported that the Prophet (PBUH) disallowed Muhaqalah and Muzabanah, but allowed those worthy of al-Araya to sell by estimate (that is, the fruit on the tree against the plucked ones by estimate). [Bukhari 2183, Muslim 1539]
(1305)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) allowed the sale Araya less than five wasaq by estimate or something like that. [Bukhari 2190, Muslim 1541, Abu Dawud 3364, Nasai 4543]
(1306)-Sayyidina Zayd ibn Thabit reported that Allah’s Messenger (PBUH) allowed Araya-sale by estimate. [Bukhari 2184, Muslim 1539]
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TOPIC 64-More about it
(1307)-Walid ibn Kathir reported from Bashir ibn Yasar, the freed man of Banu Harithah that Rafi’ ibn Khadij and Sahl ibn Aku Hathmah narrated to him that Allah’s Messenger forbade sale Muzabanah - fruit (on trees) against fruit (on the fields, plucked from trees) except to the deserving of Araya, for, he had permitted them. And, he forbade exchange of fresh grapes with dried grapes and all fruit on estimation. [Muslim 1540]
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It is not right to take back something that is given to someone as a gift though SHAFA’I does allow taking back of the gift given to the son by the father (due to the other Hadith narrated here) if he wills. We have studied MUZABANAH and MUHAQALAH but here we find the matter of ARAYA (that means the exchange of some fruits that are at trees which had been given as gifts, by some fruits that are at hand); this is mentioned as allowed. There is difference in taking the meaning of ARAYA between IMAMS as SHAFA’I and even AHMED take it to mean such type of MUZABANAH that is allowed upto 5 WASAQ (that was the unit of measuremet at that time); this means that a man is allowed to sell fruits on trees (especially that man who has got that as gift from the owner of the land) upto 5 WASAQ against fruits that are cut and ready to eat. Note that one WASAQ was then a unit of measurement (weight) equal to 60 SA’ and as SA’ comes to 3.2 Kgs as of today, WASAQ was equivalent to 192 Kgs (60 X 3.2) and here ARAYA has been allowed for 960 Kgs (192 X 5). MALIK says that if someone who owns a garden gives fruits of some specific trees or of one specific tree to someone as gift to him then it happens that the man (who received it) stays around that garden with his family as fruits ripen getting them according to his needs at daily basis; now, the owner feels uneasiness in his work there due to his presence there (or his family feels uneasiness due to his visits at the garden time and again), so according to MALIK the owner might give him ripe cut fruits against the fruits at trees that he had gifted him; this is ARAYA, a form of MUZABANAH. As for ABU-HANIFA, he agrees to MALIK with the difference that this is compensation for the man (who had been gifted the fruits) while MALIK takes this as a business-transaction between the owner and the receiver; this difference is in words only for the issue while practically they both address ARAYA in the same meaning.
TOPIC 65-About disapproval for Najash
(1308)-Sayyidiria Abu Hurayrah (RA) reported that the Prophet said; and Qutayabah also said that he learnt of it from the Prophet PBUH; “Do not practice Najash.” (Bukhari 2150, Muslim 1515]
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TOPIC 66-About weighing down the scale
(1309)-Sayyidina Suwayd ibn Qays (RA) narrated that I and Makhrafah Abdi brought cloth from Hajar. The Prophet (PBUH) came to us and struck a deal for trousers (lower garment). I had hired a man to weigh. The Prophet said to the man, “Weigh and tilt the scale.” [Abu Dawud 3336, Nasai 4606, Ibn e Majah 2220, Ahmed 19120]
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When a transaction among two sides is in progress and someone intervenes and bids a better price than the buyer there (not actually for buying the commodity but for the sake of providing material benefits to the seller) tricking the buyer there into raising his bid, this approach is called NAJASH; it certainly is prohibited. This is GHARAR as it benefits the seller by cheating of the transaction and needs avoidance. As for weighing, this certainly is a delicate matter as it is most necessary not to weigh lesser than what the buyer has paid for; so the Prophet (PBUH) guided that the better thing is to weigh the commodity somewhat more than the payment; the narration denotes that even some of garments were weighed at those times and the manual scale was in the general usage for weighing commodities; it would tilt more towards the goods that are weighed so that there remains no chance of the goods being any lesser than the quantity taken; Al-Hamdu Lillah.
TOPIC 67-About showing leniency to the hard-pressed debtor
(1310)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger said, “If anyone gives respite to his hard-pressed debtor and also forgives part of his debt then Allah will give him shade under his Throne on the Day of Resurrection, the day when there will be no shade except its shade.’
(1311)-Sayyidina Abu Mas’ud (RA) reported that Allah’s Messenger (PBUH) said, “A man belonging to an Ummah that preceded you was subjected to reckoning but nothing of good was found in his account except that he was an affluent man who had dealings with people. He had commanded his slaves to condone (the debt of) a hard-pressed. So Allah said, “We are more deserving of that, so He forgave him.” [Muslim 1561, Ahmed 17082]
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TOPIC 68-Delayed repayment of debt by a rich person is unjust
(1312)-Sayyidina Abu Hurayrah reported that the Prophet said, “Delay by the rich (in repaying debts) is injustice to someone (and it is to oppress him). And, if one of you is directed to a rich person then he must go (and recover from him).” (This is explained as a transfer of debt by the debtor to his own debtor who is rich, so the creditor must approach him). [Bukhari 3287, Muslim 1564]
(1313)-Ibn Umar (RA) narrated that the Prophet (PBUH) said, ‘Delay by the rich is unjust. When one of you is referred to a rich person then he must go. And he must not interfere between two (bargaining) parties with his quotation.’
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Islam places high value on the care about fellow-beings; Ahadith at the topic-68 tell that if there is some liability on a rich person for the man who is weak financially, he must not delay his payment for it is highly necessary to value needs of others; if that needy person asks someone (who is good at bargain or equally strong financially as the rich person that is his debtor) for loans against the amount he is liable to get from the rich person, he must not turn down the request of the needy person (though he has the option by ADL to reject it); this person who has extended the loan to the needy would deal with his rich debtor on his behalf to get his amount of money in the settlement of the loan he has extended to him; it is the transfer of the debt taken by the needy person to his own debtor who is rich; his creditor would approach his debtor. Please note that neither the needy man nor the man allowed to bargain for him with the rich man is allowed to take any more than the amount recievable by any name, as that would be interest. Islam does not appreciate the concept that the money at hand must bring more money so it does not increase it due to the adverse character of the rich man but it asks all Muslims to live within necessities here trying to gain as much good deeds as possible for AKHIRAT (true life after this life); this actually is the only true success in the view of Islam and not the accumulation of the worldly assets. H-1310 and H-1311 tell what Islam asks of those who have the opportunity to go for EHSAAN (good natural tendency towards humanity) to fellow-beings; it is to take up the attitude based on that instead of asking for ADL (matters according to the law). His lenient attitude based on EHSAAN even in business transactions would provide the ease to all peoples at the Islamic Environment weaker than the average man financially while that leniency might bring the blessing of Allah for him; he must however have total belief in Allah as the Only True Authority and in AKHIRAT and in the certainty that Allah guides all peoples by His Messengers; Al-Hamdu Lillah. Note that TORAH (as Allah gave it initially to Moses, Salam on him) inclined towards ADL as it is based much on commands making temperaments incline towards the law while the New Testament (the sensible words at its four books only that are the narration for the wise teachings of Jesus Christ, Salam on him) inclined towards EHSAAN as they ask to care for humanity making temperaments incline towards the humane aspect of the life much. The Holy Book Quran that descended on the Prophet Muhammad PBUH, the last Messenger of Allah (and its words came in such way from Allah to him through angel JIBRAEL that the Prophet recited them orally and afterwards dictated those to scribes), is sacred both in words and meanings as the perpetual recitation of its words even, also records high virtues in the document of deeds. The Prophet (PBUH) had JALAAL (fury in attitude for the betterment of the people around) like Moses, SALAM on him, and JAMAAL (calmness in attitude for the betterment of the people around) like Jesus Christ, SALAM on him. Surah NAHAL says, “Surely Allah enjoins the doing of ADL (justice) and the doing of EHSAAN (goodness to others) and the giving to the kindred, and He forbids indecency (all shameful acts) and evil (all unjust acts) and rebellion (taking anyone equal to Allah in authority); He admonishes you that you may be mindful” (16:90).
TOPIC 69-About the sale Munabadhah and Mulamasah
(1314)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) forbade the transactions under Munabadhah and Mulamasah. [Bukhari 268, Muslim 1511]
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TOPIC 70-To pay in advance for grain and dates
(1315)-Sayyidina Ibn Abbas (RA) reported that when Allah’s Messenger (PBUH) came to Madinah, the people of Madinah used to pay in advance for dates. So he instructed, “If anyone receives advance payment then it is necessary to specify the weight or measure and the time of delivery.” [Bukhari 2239, Nasai 1604, Abu Dawud 3463, Ibn e Majah 2280, Ahmed 2458]
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There was a custom at the market in those days that when the seller wanted to finalize the deal at hand, he used to throw his commodity towards the buyer (that was MUNABADHAH) or he just lifted-up the commodity in his hand (that was MULAMASAH) and these gestures become signals that the deal is finalized. There was an element of doubt here because if the seller took these gestures absent-mindedly, it caused GHARAR at the transaction (especially if the buyer was harsh uncaring person) so the practice was prohibited. Note that sometimes MULAMASAH included a lottery-system too that the seller kept bags of commodities and against the payment the buyer made, he randomly touched a bag and whatever was there, the buyer got that without care to the value it might have; there was an extreme GHARAR at this deal so this deal also was forbidden. Advance payments might be taken for commodities that are weighed or measured (and the transaction is named as SAL-AM) yet the care should be taken that the commodity in the deal does not have much varieties (that might cause doubt what was the type of the commodity in the transaction initially at its order) so that no GHARAR (or any other form of DHARAR) takes place; the transaction should keep near to its sample that was provided initially and it is notable that ABU-HANIFA does not allow SAL-AM for animals (due to their difference with each other even if they belong to the same species) though SHAFA’I, and even AHMED, does not mind even such transactions in SAL-AM.
TOPIC 71-If a partner wishes to sell his share in a land
(1316)-Sayyiidinaa Jabir ibn Abdullah reported that the Prophet said, “If anyone owns a share in a garden then he must not sell his share in that without informing his (other) partner(s).” [M 1608]
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TOPIC 72-About Mukhabarah and Mu’awamah
(1317)-Sayyidina Jabir (RA) reported that the Prophet (PBUH) forbade transactions (known as) Muhaqalah, Muzabanah, Mukhabarah and Mu’awamah but permitted Araya. [Bukhari 2189, Muslim 1536]
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Our study took up some detail for transactions that are named as MUHAQALAH, MUZABANAH and MUKHABARAH at H-1294 (topic-55) and we studied ARAYA at H-1307 (topic-64). As for MU’AWAMAH, this was the transaction that a man sold his land’s produce that would come for couple of years ahead or for even more to someone; neither the produce has appeared nor has it come in his possession; so this transaction named as MU’AWAMAH was disallowed due to the highest chance of GHARAR in it. H-1316 tells that even if a person wants to sell his own share in some land, he must inform his partner about that and it is not right to sell the share without his consent; he needs to present it to the partner first who might buy it at the value that he is liable to get at the market or at the value they both agree.
TOPIC 73-No Caption
(1318)-Sayyidina Anas (RA) reported that the price increased in the times of Allah’s Messenger (PBUH). They pleaded, ‘O Messenger of Allah! Do fix prices for us’. He said, “Indeed, Allah is the One Who fixes prices, Who withholds, Who bestows and Who gives provision. And I hope that I meet my Lord in such a condition that none of you has a demand over me for an injustice regarding blood and property.” [Abu Dawud 3451]
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TOPIC 74-About adulteration
(1319)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) passed by a heap of grain. He put his hand into it and his fingers detected some dampness in it. He asked, ‘O owner of the provision, what is this?” He said, “O Messenger of Allah, it is from rain from the sky. He said, “Then why did you not put it on top of the heap of grain that people might see? He added, “He who deceives is not one of us.” [Abu Dawud 3452]
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Although Islam accepts LAISSEZ-FAIRE for the market yet that is with some necessary reservation; Muslims have to care at all times and at all places that they are Muslims as H-1318 also points out; I, MSD, had remarked previously that if the market is turning to imperfection causing high trouble to consumers due to the lack in the quantity of commodities there or due to the lack in the quality of the buying ability of consumers there (mostly due to the inflation that causes the imperfection to the market), the Government that cares about Islamic Values does have the right to increase the supply of basic necessities by administrative measures and set prices for the basic necessities by administrative measures (that is named as TAS’EER) for the time-being; it should never become a permanent measure at the market because this matter relates to the well-being of the people in such crucial manner that the administration is not liable to inferfere in that. The next Hadith here points out well that all aspects of commodities that are presented for sale at the market have to be kept in front of consumers and things would sell more by honesty that is the best policy rather than by such methods that amount to cheating the consumers; Al-Hamdu Lillah.
TOPIC 75-About borrowing a camel or any other animal
(1320)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) borrowed a young camel. When repaying, he returned a better camel young in years. He said, “The best of you are they who repay debts in an excellent manner.” [Bukhari 2305, Muslim 160]
(1321)-Sayyidina Abu Hurayrah (RA) reported that a man demanded repayment of his loan from the Prophet and was rude in his demand. The Sahabah (RA) became annoyed at that, but Allah’s Messenger said, “Leave him alone, for the owner of a right may speak. Buy for him a camel and give it to him.” So they sought one, but could not find save one of better age than his. He said, “Buy it and give it to him, for, the best of you is he who excels over others in repaying his debt.”
(1322)-Sayyidina Abu Rafi the freed man of Allah’s Messenger narrated that Allah’s Messenger (PBUH) borrrowed a young camel. Afterwards, when he received some camels of Zakah, he commanded me to repay the man his young camel. So, I told him that I could not find a camel except one with four teeth, better than the man’s. He said, “Give it to him, for, the best of men is he who repays his debt in the best manner.” [Muslim 1600, Abu Dawud 3346, Nasai 4617, Ibn e Majah 2285]
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TOPIC 76-No Caption
(1323)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, “Indeed, Allah loves politeness while selling, politeness while buying and politeness in repayment of debt.”
(1324)-Sayyidina Jabir reported that Allah’s Messenger said, “Allah forgave a man who lived before you because he was mild when selling, mild when buying and mild when demanding repayment.” [Bukhari 2076, Ibn e Majah 2203, Ahmed 4664]
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TOPIC 77-It is disallowed to buy and sell in a mosque
(1325)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger said, “When you see a man selling or buying in a mosque, tell him ‘may Allah not make your business profitable’. And, when you see anyone announcing loss of something (related specifically to him only), tell him ‘May Allah never return it to you’.”
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It is notable here that ABU-HANIFA does not allow borrowing animals while AHMED and SHAFA’I do not mind that. The HANAFI-School answers to Ahadith at the topic (that the Prophet-PBUH borrowed a camel and then returned the better one) that this happened before the prohibition of RIBA (Interest) as there could never be any equality between the animal taken and the animal returned. With the Hadith mentioning that the return was better and it is allowed for the borrower to pay the debt better than taken, there certainly is no problem in borrowing of camels so the stance of other IMAMS is better. The next topic tells about the politeness in the business dealing and the man with soft dealing that is mentioned here is the same one probably that was referred at the narration at 1311. The last Hadith tells about the prohibition of business transactions at the mosque in strict words as the mosques are for the remembrance of the name of Allah only; this includes discussion about the spread of true guidance too so that people come more and more in quality and even in quantity towards the obedience of Allah. Due to this Hadith, many ULAMA do not appreciate announcements that sometimes are made for any of missing persons of the neighborhood from the mosques though some ULAMA do allow that and note that anything that has been lost at the mosque, it is allowed to announce for that too at the mosque. Note also that the Hadith here is prohibiting specifically the business transactions only so the stance taken by the latter is better (as the matter is not related to business transactions); any announcement that asks for the alleviation of some troubles from Muslims in general is quite well from the mosque and it certainly is valid; Al-Hamdu Lillah.
15- BOOK OF JUDGEMENTS (42 topics)
TOPIC 1-About the Qadhi as transmitted from Allah’s Messenger
(1326)-Abdullah ibn Mawhib reported that Sayyidina Uthman (RA) said to Sayyidina Ibn Umar (RA), ‘Go and judge between people.’ He said, ‘Will you not excuse me from it, Amir-ul-Mu’mineen?’ Uthman said, “Why do you detest it while your father used to judge?” He said, “I have heard Allah’s Messenger say, ‘He who is a judge and judges with justice, then it is hoped that he will just manage to get over (on the Day resurrection)’, so shall I entertain hope even after that?” The narration is lengthier than reported here.
(1327)-Ibn Buraydah narrated on the authority of his father that the Prophet (PBUH) said, “The judges are of three kinds, two of whom will go to hell and one to paradise. A man who judges against (what is) right knowingly is the one to go to hell, and a judge who knows not and so violates the rights of people is the one who (too) will go to hell. And a judge who gives judgement according to (what is) right will go to paradise.”
(1328)-Sayyidina Anas ibn Malik (RA) reported that Allah’s Messenger (PBUH) said, “If anyone applies for the office of Qadhi (Judge) then he is left to himself (and Allah does not help him), but if anyone is compelled to this office then an angel comes down to guide him (away from error).” [Abu Dawud 3578, Ibn e Majah 2309, Ahmed 12185]
(1329)-Khaythama who was of Basra repoted from Sayyidina Anas (RA) that the Prophet said, ‘If anyone craves for the office of judge and seeks to be recommended for it then he is left to tend for himself (and does not get Divine help). But if someone is coerced into this office, then Allah sends down to him an angel who directs him (to help him).”
(1330)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger said, “If anyone is appointed to the office of Qadhi (or made a Qadhi over people) then he is slaughtered without a knife.”
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After the booklet of Business Transactions, respectable TIRMIDHI has brought the book of judgments; the sequence denotes that the adversities of dealings in business and in fact in all matters are minimized highly if the system of justice at the place is wonderful. The very first topic here has Ahadith that tell us that a Muslim person must not ask for the position to judge and specially note the words at the last of these Ahadith here at the topic that if anyone is appointed to the office of QADHI (Judge that is appointed by the Islamic Government; the man of justice who is asked by common men to give rulings keeping to Islamic Values) then he is slaughtered without a knife. MUFTI, the man among ULAMA of repute who has the ability to provide a verdict keeping to Islamic Values about some matter seeing all its aspects by Islam, is also QADHI in a sense yet he does not have the authority to put his verdict in practice and so his verdict enjoys application at the level of EHSAAN. Note that to end injustice for which men are much more responsible than women, it is necessary to practice Islamic Commands by ADL and insha-Allah that would take place as Allah would not leave people in the way they are when there are many such people who do need and would accept Guidance when it comes to them. However, matters of shameful nature would insha-Allah end even at the level of EHSAAN by the decency of women who adhere to good traditions of Islam; we Muslims must spread the teachings of Islam far & wide so that all persons avoid matters of shameful nature; issues are complementary here and if one side adheres well to goodness, the other side would insha-Allah come to it soon; Al-Hamdu Lillah. Note the point of importance here that if capable persons that judge well according to Islam are available at office, it is better for some other capable persons that are not at office to stay put and not let anyone view them for the office. But if the situation is bad, with only few understanding people to stand for Islamic Justice that are much lesser than needed, then he must present himself for the task and face whatever comes. This is especially so if the unworthy people come to high official status so there must necessarily be some good resistance with as much leniency as possible without competing for worldly benefits. In fact the first option is to make the unworthy people worthy to stand for Islamic Values as a poet says in Urdu that when these (unworthy) lights burn, then only there would be light around. However if there seems no chance for that then Muslims, who do care about Islam, must try to spread Islamic teachings clearly in such ways that the worthy people do stand-up and rise to see to the safety of Islamic Values. YOUSUF (AS) who is called Joseph the son of Israel told the Pharoah to appoint him at the head of treasury and that was totally fine at the situation he was facing in Egypt where he alone could have managed the official matters well; see Surah YOUSUF, the twelfth Surah, verses-54 to 57.
TOPIC 2-About likelihood of a Qadhi being correct or wrong
(1331)-Sayyidina Abu Hurayrah reported that Allah’s Messenger (PBUH) said, “If a ruler endeavours to be just when giving a command and emerges correct then he gets a dual reward (one for securing the due of the owner of right and the other for his endeavour). But if he does not emerge correct then he gets (just) one reward (nevertheless).” [Bukhari 7352, M 1716, AD 3574, Ibn e Majah 2314, Ah 17789]
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TOPIC 3-How may a Qadhi decide
(1332)-Sayyidina Mu’adh (RA) reported that (when) Allah’s Messenger sent him to Yaman, he asked him how he would decide (cases). He said, “I will decide in accordance with Allah’s Book (the Qur’an).” He asked, “What, if it is not in the Book of Allah?” He said, “Then according to the SUNNAH of Allah’s Messenger.” He asked, “And if it is not in the SUNNAH of Allah’s Messenger?” He said, “I will make Ijtihad through my judgemenet.” The Prophet said, “Praise belongs to Allah Who has made the messenger of the Messenger of Allah consistent with what pleases him.” [Abu Dawud 3592, Ahmed 22161]
(1333)-Muhammad ibn Bashhar reported from Muhmmad ibn Ja’far and Abdur Rahman ibn Mahdi and both of them from Shu’bah who from Abu-Awn who from Harith ibn Amir, nephew of Mughirah ibn Shu’bah, from people of Himms from Mu’adh who from the Prophet (PBUH) a Hadith like that in Marfu’ form.
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When a person is at a position to judge and give verdicts officially, he must take utmost care to keep to Islamic teachings in that. Then, even if he errs, he would get reward on his efforts and the endeavor he makes for rightness. The next Hadith that is narrated by MU’ADH is one of the most quoted Ahadith in scholarly discussions as it addresses how to understand Islamic Commands. Although weakly narrated, it becomes reliable as it has been narrated by another chain of narrators too and as a rule that strengthens the narration; it also has been accepted unanimously. The first thing for taking the Islamic Commands is of-course the Holy Book Quran that Allah has descended upon the Prophet Muhammad (PBUH), the last Messenger of Allah, and through him it has reached to all the peoples of all the times ahead and of all the places; it is the message of Allah to all human-beings. Second comes the SUNNAH, the sayings and the deeds of the Prophet (PBUH), and taking that also is to fulfill the commands of Allah; it is said in Surah NISA, “Whoever obeys the Messenger, he indeed obeys Allah, and whoever turns back, so We have not sent you as a keeper over them” (4:80). However his SUNNAH would be understood through masters that have given length of time for the study of Ahadith mostly recorded in books that are taken as highly reputable in the compilation of Ahadith. Third is IJTIHAD that is the judgment with detail by the highly knowledgeable Muslim person (amongst the most esteemed ULAMA of Islam) who makes it in a matter open to debate; his judgment strictly comes about upon the basis of the most high study of the Holy Book Quran and of SUNNAH based on Ahadith (as clarified by persons adept in its understanding who are called FUQAHA and four of them are taken in most high esteem that are MALIK, AHMED, SHAFA’I and ABU-HANIFA). So IJTEHAD is the judgment based on highly skilful study of Islam and as such it is a matter that is related to Subject (the person that must be highly learned in Islam) and Object (the matter that is open to debate but IJTEHAD becomes acceptable generally only when IMA’ i.e. consensus of reputable ULAMA in most high number takes place on it else it is only binding upon the person who makes such IJTEHAD and those who accept it for their practice upon Islam). So IJTEHAD means “the high intellectual contention of some MUJTAHID on some issue open to debate by the Islamic Teachings, to the utmost level of his capability pondering on the KITAB (the Holy Book Quran) & the established SUNNAH of the Prophet PBUH to get the Command and achieving it well by that wonderful effort (due to the permission of Allah) for the issue in consideration (open to debate) in which he considers ‘most probably’ is the pleasure of Allah, with total love for Him and for His Prophet PBUH inside his heart”. Some ULAMA take the Hadith here as reasoning to take the following of some specific person so as to practice Islam; but the point to note here is that to obey MUADH was actually included in the obedience to OOLI-AL-AMR (persons at authority when they do not command anything against Islam); it is not any reasoning for TAQLID-SHAKHSHI (following of any specific person in issues of life to practice Islam other than Muhammad PBUH, the last Messenger of Allah).
TOPIC 4-About a just Imam
(1334)-Sayyidina Abu Sa’eed (RA) reported that Allah’s Messenger (PBUH) said, “The dearest of men to Allah and the nearest to Him in station on the Day of Resurrection will be a just Imam. And, the most hated of all men to Allah and the farthest of them from Him in station will be an oppressive Imam.” [Ahmed 11174]
(1335)-Sayyidina Ibn Abu Awfa reported that Allah’s Messenger (PBUH) said, “Allah is with the Qadhi as long as he is not unjust. When he becomes tyrannical, Allah separates from him and the devil attaches to him.”
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IMAM means a person that is at the head of matters of any kind relating to guiding the people according to Islam and so the ruler of Muslims is termed as IMAM, the Muslim person representing Muslims at some level officially by their acceptance is named as IMAM (this includes the QADHI and even the MUFTI), the guides in FIQH (Islamic Jurisprudence) are called IMAM and the leader who leads the SALAH at the mosque is also IMAM; though this last one is the most common usage for the word, all these IMAMS are addressed in the Hadith here at the topic. The position of the IMAM in all cases is very delicate for if he errs in his decisions even by all his good efforts to reach the better verdict according to Islamic Teachings, his error might cause misrepresentation of the Islamic Commands to the level of his status and if such happens to take place, it is necessary for those who also are at the position of IMAM at some level to see that this error does not go unchallenged. Today when mostly the rulers and judges are uncaring about the Islamic Teachings in practice and much unaware of its commands at issues of life, these are not the IMAM truly by Islamic terminology (so insha-Allah their decisions would never cause to misrepresent Islam); however, as their decisions are applied practically in general as of now, we have such environment which often becomes quite challenging to Islamic Values; the good practicing Muslims would have to see sooner or later that the situation turns practically into favor of Islam by whatever good efforts they are able to manage without taking-up aggressive measures and most certainly Allah would assist them in all good efforts; Al-Hamdu Lillah.
TOPIC 5-Qadhi must not pronounce verdict before hearing all
(1336)-Sayyidina Ali reported that Allah’s Messenger said to him, “If two people bring to you a dispute then do not judge for the first until you have heard the disposition of the second. So, soon you will know how to decide.” Sayyidina Ali said, “I did not cease to be a Qadhi after that.” [Abu Dawud 3582, Ibn e Majah 2310, Ahmed 535]
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TOPIC 6-About the ruler of the people
(1337)-Sayyidina Amr ibn Murrah (RA) said to Mu’aviah that he heard Allah’s Messenger (PBUH) say, “If a ruler shuts his door to the needy, the helpless and the poor then Allah shuts the doors of the heaven to his (the ruler’s) helplessness, need and poverty.” So, Mu’aviah appointed a man to look into the needs of the people. [Ahmed 18055]
(1338)-A Hadith of the same meaning is reported by Ali ibn Hujr from Yahya ibn Hamzah, from Yazid ibn Abu Maryam, from Qasim ibn Mukhaimirah, who from Abu Maryam (that is Amr ibn Murrah) that is a Sahabi.
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Although MU’AVIAH did make few positive decisions as the ruler of Muslims yet some of his actions do depict him as most liable to blame by the Islamic viewpoint; these include his discreditable challenge to ALI (who was among the most early Muslims and the son-in-law of the Prophet PBUH; ALI certainly was the better man of the two) and his most erroneous decision to name his son YAZID, who was the most unworthy person for rulership of Muslims, as his successor to administration; these were the most heinous offenses against Muslims that truly initiated differences of highest nature among them which even after centuries, have not yet been reconciled and there is little chance if any, that they ever could be reconciled. The rule of YAZID did not go unchallenged and rightly so as we know by history, with HUSSAIN-RA (the son of ALI-RA) at the head of the challenge; yet for the reconciliation today (if it ever takes place) it needs a very high sacrifice on all sides that needs understanding of the grief that damned man YAZID caused; only for the short term of three & a half years for his worldly authority he caused centuries of trouble to Muslims; may Allah punish him most severely and all people who had the opportunity to rule and took-up his ways of tyranny at the time in his following (like HAJJAJ ibn YOUSUF), with great torments at AKHIRAT; Al-Hamdu Lillah. Respectable TIRMIDHI has a wonderful sense of presentation as we see that he provides Ahadith here in sequence with the narration about ALI (RA) that presents the impression clearly that he cared highly about people being QADHI (and being the IMAM over the people) himself; and then he presents the other narration that tells that even MU’AVIAH tried to care for the needs of people (or at-least he gave the impression that he does care for SUNNAH of the Prophet-PBUH about caring for the people). It is the blessing from Allah that the good practicing Muslims were able to adopt such measures at those difficult times for them that even at such turmoil, the Islamic Teachings remained untouched; Al-Hamdu Lillah.
TOPIC 7-Qadhi must not pronounce judgement when angry
(1339)-Sayyidina Abdur Rahman ibn Abu Bakrah narrated that my father wrote to Ubaydullah ibn Abu Bakrah who was a Qadhi, “Do not judge between two people while you are angry, for I have heard Allah’s Messenger (PBUH) say that a ruler must not judge between two people while he is in anger.” [Bukhari 7158, Muslim 1717, Abu Dawud 3589, Nasai 5421, Ibn e Majah 2316, Ahmed 20401]
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TOPIC 8-About giving gifts to rulers
(1340)-Sayyidina Muadh ibn Jabal (RA) narrated that Allah’s Messenger (PBUH) sent me to Yaman. When I had begun the journey, he sent after me and I was brought back to him. He asked, “Do you know why I sent for you? Do not take anything (from anyone) without my permission, for that is treachery. And he who is treacherous will come on the Day of Ressurrection with his treachery. This is why I had called you. Go now to your work.”
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TOPIC 9-About one who takes bribe and one who bribes in cases
(1341)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) cursed the receiver of bribe and its giver, in litigation (brought to the Qadhi).
(1342)-Abu Musa Muhammad ibn Muthanna reported from Abu Aamir Aqadi who reported from ibn Abu-Zib who reported from his uncle Harith ibn Abdur Rahman who reported from Abu Salamah who reported from Abdullah ibn Amr (RA) that the Prophet (PBUH) cursed both the receiver and the giver of bribe. [Abu Dawud 3580, Ibn e Majah 2313, Ahmed 7003]
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It is highly necessary for the IMAM (the guide for Islam), at whatever level he is in that status, to care about the Islamic Morality and never take-up such practice that causes misunderstandings about Islam. These include not to judge when his emotions might affect the judgment he makes; not to judge taking gifts that might have been presented due to his status for extension of relations with him; not to judge in some matter taking gifts that are presented as bribery to him; not to judge taking any money to judge in favor of any of the sides in the case; not to judge taking any status that is officially offered to affect his judgment in some matter for that clearly is bribe that is given to him; not to judge with a grudge for one of the sides at the case; not to judge with inclination towards some party that is his relative or his friend; not to judge just to show-off his authority; not to judge under the pressure of some other persons at authority and in one sentence, the IMAM must only judge humbly keeping the commands of Allah in view; He is watching all the time at all places, recording all that is going-on for the future reference; Al-Hamdu Lillah.
TOPIC 10-About accepting gifts and invitations
(1343)-Sayyidina Anas ibn Malik reported that Allah’s Messenger (PBUH) said, “If a sheeps trotter was presented to me, I would accept it and if I were invited over it then I would surely go. [Ahmed 10247]
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TOPIC 11-Warning on decision in favour of one who is not rightful
(1344)-Sayyidah Umm Salamah (RA) reported that Allah’s Messenger (PBUH) said. “You bring your disputes to me (to judge between you) while I am only a human being. And, perhaps, some of you may be more eloquent in their arguments than others. So, if I decide for one of you (giving him) even a little bit of the right of his brother then I am only cutting out for him a piece of the fire, hence, let him not take anything of it.” [Muslim 1713]
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If it is certain in totality that a gift has been presented to an IMAM not because he is an IMAM and it is not related in any way to affect his judgment in any matter yet has been given just by will as a good gesture that Muslims must exercise to each other, then it is allowed to take it; avoidance of it even then is much better especially if the inviter is among the influntial men. The other Hadith tells that the Prophet (PBUH) had the probability to err as human-being (but not to commit sins); as Prophet, he was MASUM (i.e. the one who does not commit any sins); note that every sin is an error but every error is not a sin. The Prophet told SAHABA here that he might decide erroneously in favor of someone, and that would not become a sin to him certainly; but it is not appropriate for the person who receives the favorable judgment to take what is clearly not his right; so even if the judge makes a mistake in ADL, the man who had received the favorable decision must not leave the asking of EHSAAN. Three IMAMS of FIQH except ABU-HANIFA (whose stance is unclear) agree that such decision is only good for implementation at the worldly life (that also remains sin to the man who secured the favorable decision though he knows well that he got the possession wrongly) yet it would not have the effect at AKHIRAT where he would be liable to much severe punishment for it; the judge would be spared if he had judged the matter with all good intentions; Al-Hamdu Lillah.
TOPIC 12-Witness for the plaintiff & oath for the defendant
(1345)-Alqamah ibn Wail reported from his father that a man from Hadramawt and a man from Kinda came to the Prophet (PBUH) The Hadrami pleaded, “O Messenger of Allah, this man has seized my land.” The Kindi said, “It is my land and in my hands; he has no right over it.” The Prophet (PBUH) said to the Hadrami, “Do you have a witness?” He said, “No.” The Prophet (PBUH) said, “Then you can ask him to state on an oath.” He said, “O Messenger of Allah, this man is a profligate, an immoral. He will not mind swearing at anything. He is not righteous.” The Prophet said, “You have no way but to get him to swear.” So, the man turned to take an oath. When he turned, Allah’s Messenger said, “If he swears over his property to sieze it unjustly then when he meets Allah (on the Day of Resurrection), He will turn away from him.” [Muslim 139, Abu Dawud 3245]
(1346)-Amr ibn Shu’ayb reported from his father who reported from his grandfather that the Prophet (PBUH) said during a sermon, “The plaintiff must present a witness while the respondent must take an oath.”
(1347)-Sayyidina Ibn Abbas (RA) reported that the Prophet gave verdict that the defendant must swear. [Bukhari 1239, Muslim 1711]
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TOPIC 13-About oath with one witness
(1348)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) passed judgement on the testimony of one witness and the oath of the defendant. Rabi’ah said that a son of Sa’d ibn Ubadah (RA) told him that they found in his book that the Prophet (PBUH) had decided that an oath must be taken along with the presentation of a witness. [Abu Dawud 3610, Ibn e Majah 2369]
(1349)-Sayyidina Jabir reported that the Prophet (PBUH) decided a case against an oath and the testimony of a witness.
(1350)-Ja’far ibn Muhammad reported on the authority of his father (Baaqar) that the Prophet (PBUH) judged on the basis of an oath and a single witness and Baaqar said in addition, “Ali also decided between you on that basis.”
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This is an important point to note in the Islamic Teachings that the person who claims ownership to something or claims about some matter must present witnesses for his claim while the defendant would take an oath to the effect that the claim is invalid. Three of IMAMS except ABU-HANIFA say that if the person who claims gives one witness and with it, takes an oath to his claim even then his claim would be entertained. ABU-HANIFA says that the person who claims must bring two male witnesses or one male witness and two female witnesses in favor of his claim; taking an oath is only for the defendant. Both sides present their respective viewpoints beautifully and both indeed have grounds for their respective viewpoints. ABU-HANIFA also agreed that in some exceptional cases, one witness in favor of the claimant with an oath by him would do well for his proof and these specially involved matters of women where even if one woman claims something and takes an oath on that providing a witness to her claim that is enough and the case might be decided in her favor; however note that matters that are shameful in nature need four witnesses and the address here is not related to that matter.
TOPIC 14-About slave belonging to two men and one sets him free
(1351)-Sayyidina Ibn Umar reported that the Prophet (PBUH) said, “If anyone sets free his share in a slave and he has enough property that is equal to the market price of the slave then that slave is free, otherwise only to the extent of his share.” The narrator was unsure what word the Prophet (PBUH) used, but the meaning of both words he narrated is nearly the same i.e. ‘share’. [Bukhari 2524, Muslim 1501, AD3941, Ibn e Majah 2528, Ahmed 5927]
(1352)-Saalim reported on the authority of his father that the Prophet (PBUH) said, “If anyone sets free the portion of his slave (who belongs in partnership) and he has enough wealth as covers the price of the slave then the slave is free (this means that he must pay to other partners the price of the slave and liberate him wholly).”
(1353)-Sayyidina Abu Hurayrah reported that Allah’s Messenger said, “If anyone emancipates his share then if he is wealthy he must get him released wholly, but if he does not have enough wealth then a fair price of the slave must be determined. After that the slave must be made to work only to the extent of the share(s) not emancipated, without burdening him. [Bukhari 2526, Muslim 1002, Abu Dawud 3934, Ibn e Majah 2527, Ahmed 10875]
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TOPIC 15-Concerning Umraa, a donation of house forever
(1354)-Sayyidina Samurah reported that the Prophet said, “Umraa (donating a home to someone for a lifetime) is allowed. The house belongs to the one to whom it is given.” Or, he said, ‘it is a legacy for its occupants’.
(1355)-Sayyidina Jabir ibn Abdullah (RA) reported that Allah’s Messenger (PBUH) said, “If anyone is given a home to himself for life and for his family then it belongs to whom it is given and it will not return to the donor, for he gave something over which the heirs (of the receiver) have right.’ [Bukhari 2625, Muslim 1625]
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TOPIC 16-Concerning Ruqba
(1356)-Sayyidina Jabir (RA) reported that Allah’s Messenger (PBUH) said, “Umraa is lawful (and it belongs to him to whom it is given), and Ruqba is also lawful (and it is his to whom it is donated).” [Abu Dawud 3558, Nasai 3742]
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The Prophet (PBUH) told clearly to those who wanted to do good to slaves that if one of the persons who has share in a slave with others and goes for EHSAAN must not only give the slave his freedom by his own share but also pay to other share-holders their amounts and liberate him totally. If he is unable to do so financially then the slave would be asked KHIRAJ (the amount that was asked of male-slaves on daily basis forcing them to work for it) after the deduction of the amount that the man who had freed him used to take from him; the better stance used to be in those days that when one of the share-holders gave freedom to the slave according to his share and could not buy other shares to free him totally, others gave him freedom too either without asking anything from the slave in the following of the first share-holder or either asking him to pay with time the amounts they owed specifying it and that was called SA’AYAH, a form of MUKATABAT (in which the slave used to ask for freedom in exchange of some specific money that he would pay with time and get his freedom); he would get his freedom as he pays their payable amount in total. The next Ahadith tell about UMRAA that in sound is very near to UMRAH (the visit to holy MAKKAH and perform some specific rites there) yet it is very different from it. UMRAA meant in JAHILIYYAH (the time before the Prophet PBUH that related to utter ignorance of the Truth) as to give a place of residence to someone for the whole life but it returned to the donor at his death. The Prophet (PBUH) ended this practice by saying what a person has given to someone by calling it UMRAA then he has no claim to it and it becomes a gift from him to the receiver on which the heirs of the receiver only would have the claim. Three of IMAMS except MALIK take this matter in this way but MALIK feels that the words of Ahadith have the margin to keep the matter as it used to be in the days before the Prophet (PBUH) called towards Islam. RUQBA meant nearly the same as UMRAA (with the difference in the deed that if the donor dies before the receiver, the property would become the asset of the receiver) so according to SHAFA’I and AHMED (and even ABU-HANIFA), RUQBA does not affect the ruling as the asset would become (even with such condition) as the gift to the receiver with only his claim to it; MALIK said for it that it belonged to the donor and it would come back to him as the receiver dies or the heirs of the donor would get it if he dies first.
TOPIC 17-The Prophet’s sayings on reconciliation between people
(1357)-Kathir ibn Abdullah ibn Umar ibn Awf al-Muzani reported from his father from his grandfather that Allah’s Messenger (PBUH) said, “Reconciliation between Muslims is lawful, but not the reconciliation whereby lawful is made unlawful or the forbidden is declared permissible. And, Muslims must fulful their conditions save the condition that turns the lawful into unlawful and the unlawful into lawful.” [Ibn e Majah 2353, Ahmed 8792]
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TOPIC 18-About placing piece of wood on the neighbour’s wall
(1358)-Sayyidina Abu Hurayrah reported that Allah’s Messenger said, “If one of you seeks permission of his neighbour to keep a piece of wood on his wall then he should not disallow him.” When Abu Hurayrah narrated this Hadith, the people bowed down their heads. He asked, “What is wrong? Why do you turn away from it? By Allah, I will strike with it (the Hadith) between your shoulders.” (He meant that he would compel them to abide by it). [Bukhari 2463]
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The point to note here in H-1357 is the guidance to all Muslims that generally Muslims must care for each other yet with the rule in mind that there is no obedience to the created ones where there is a disobedience to the Creator. By the Hadith at 1358, it is asked on the basis of EHSAAN to people that they must not stop their neighbors to keep the edge of wood for their roof at their side-wall as presumably in those days, roofs were made with hay and grass put on rough wooden frames.
TOPIC 19-About an oath being confirmed by one who calls for it
(1359)-Sayyidina Abu-Hurayrah reported that Allah’s Messenger (PBUH) said, ‘The oath is to be (clearly) on what your companion confirms you.” [Muslim 1653, Abu Dawud 3255]
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TOPIC 20-If there is disagreement about the road
(1360)-Sayyidina Abu-Hurayrah reported that Allah’s Messenger (PBUH) said, “Make the path seven cubits wide.” [Abu Dawud 3633]
(1361)-Sayyidina Abu-Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, “When you quarrel about the road, then keep it seven cubits (wide).” [Bukhari 2473, Muslim 1613, Ahmed 9542]
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TOPIC 21-When parents separate, children may be given option
(1362)-Sayyidina Abu-Hurayrah reported that the Prophet gave choice to a child between his father and his mother (to stay with one of them). [Abu Dawud 2277, Ibn e Majah 235]
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These three topics here contain four Ahadith narrated by ABU-HURAIRAH; the first one tells that the oath taken by someone must be very clear in words if someone has claimed for something upon him without witnesses and now he would take oath against that claim. He must not try to use words that the matter remains vague or in some meaning benefits him when he knows well that the claim against him is totally worthy. Islam is simple and asks for simplicity so that is how Muslims must see to their matters; the simple is always the best. Ahadith at the topic-20 tell us that even at those times there used to be laws to leave such space for path that people do not feel congestion or uneasiness in passage; the space mentioned is not fixed and any space that seems necessary for passage might be provided officially at different places as that is how these Ahadith guide; note that Madinah was one of the populous cities of that time. As for giving option to the child to stay with the mother or the father in the situation where they separate, IMAMS have difference of view. Among them, SHAFA’I says that the child would get the option if he has come to the age where he is able to judge what is better for him as the Hadith here at the topic tells us while ABU-HANIFA says that the boy would remain with the mother for seven years and then he would stay with his father; the girl would remain with the mother uptil she becomes adult and then she would stay with her father. HANAFI-School take the Hadith at the topic as an isolated incident that gave option to the child; they indicate that this was some special concession at this occasion so that no one of the parents feels that he (or she) has been dealt unjustly.
TOPIC 22-The father may take anything from his son’s property
(1363)-Sayyidah Ayshah narrated that Allah’s Messenger (PBUH) said, “The best of what you eat is from your (own) earnings and surely, your children are part of your earnings.” [Abu Dawud 3528, Nasai 4461, Ibn e Majah 2290, Ahmed 25351]
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TOPIC 23-About something that breaks by someone
(1364)-Sayyidina Anas (RA) narrated that one of the honourable wives of the noble Prophet (PBUH) sent to him some food in a bowl as a gift. Sayyidah Ayshah struck it with her hand and its contents fell down. The Prophet (PBUH) said, “Food for food and vessel for vessel.” [Bukhari 2481]
(1365)-Sayyidina Anas (RA) narrated that the Prophet (PBUH) borrowed a bowl from someone. But it was misplaced, so he returned another bowl as a replacement.
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The father has the right to claim from the son’s earnings according to his needs especially if the son is capable to care for him at his old-age and does not do so being an unworthy son. According to other Ahadith, if some vessel of another person is damaged, misplaced or broken by some person, he would repay it by the same item that must be very similar in features to it. He had been trusted to keep the item safe so he must prove himself worthy of that trust.
TOPIC 24-Concerning adulthood of man and woman
(1366)-Sayyidina Ibn Umar (RA) narrated, “I was presented to Allah’s Messenger (PBUH) for an army while I was fourteen years old. He did not accept me (in the army). Then, I was presented to him next year for the army while I was fifteen years old and he accepted me.” Nafi said that he narrated this hadith to Umar ibn Adul Aziz and he said, “This is the distinction between childhood and adulthood.” And he wrote to his officers that the fifteen years-old lads must be given a share of the booty. [Bukhari 2664, Muslim 1868, Ibn e Majah 2543]
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TOPIC 25-About one who marries his father’s wife
(1367)-Sayyidina Bara narrated that my maternal uncle, Abu Bardah ibn Niyar, passed by me. He had a spear in his hand. I asked him, “Where are you going?” He said, “Allah’s Messenger (PBUH) has sent me to a man who has married his father’s wife that I may bring him this man’s head.” [Abu Dawud 4457]
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The age of adulthood for a boy is 15 years except when some clear feature tells that he has come to adolescence before that age. The adulthood for the girl is to be taken at the same age too when there are no other signs for that but the girl does achieve adolescence earlier and the changes in physique plus the commencement of menses mark her adolescence very clearly. The verdict for the person who commits some wicked immoral act is to inflict a cruel death to him and make him an example to fear; note that mostly the punishment asked by Islam for the commitment of shameful sins is to inflict physical torment that might even be the capital punishment (as for incest and as when a man marries his father’s wife other than his true mother as reported here or as for men committing sexual acts with men) but mostly high number of lashes upon the body are prescribed for such sins that denote total immorality. This tells clearly that the shameful acts cast some spell to those who commit them; this spell does not end unless the physique that gets the pleasure of the other side in an unworthy manner, receives the sound thrash.
TOPIC 26-About two men, one lower than the other for water
(1368)-Urwah reported that Sayyidina Abdullah ibn Zubayr (RA) told him that there was an altercation between an Ansar and Zubayr concerning the streamlets with which they watered their date palms and the Ansar complained to Allah’s Messenger (PBUH). The Ansar said, “Let the water flow” but Zubayr refused to do so. So, they came to Allah’s Messenger (PBUH) who said to Zubayr, “Water your ground, O Zubayr, then let the water run to your neighbour.” The Ansar was angered at that and said, “It is because he is the son of your aunt.” The colour of the face of Allah’ Messenger (PBUH) changed and he said, “O Zubayr, Water your ground and hold the water till it returns to the parapet.” Zubayr said (afterwards), “By Allah, I understand that this verse was revealed concerning this very issue --- But no, by your Lord! They would not believe until they make you the judge of what is in dispute between them then find no vexation in their hearts over what you decide, and submit with full submission (4:65).” [Bukhari 2359, Muslim 2357]
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There used to be some land of ZUBAYR (RA), who was the husband of ASMA bint ABU-BAKR (RA) and she was the sister of Sayyidah AYESHA (RA), near Madinah through which natural canals becoming a stream flowed passing on black pebbles and then went ahead to other lands. ZUBAYR used to irrigate his land and store some water there at some tank he had provided for such store. Then he let the water flow ahead so a man from ANSAR (the people who had been living in Madinah while those who had come to it from Makkah were called MUHAJIR and ZUBAYR was one of them) who had some land after his land asked him to leave the water while irrigating before storage so that all could get water at the same time but ZUBAYR declined. This matter reached the Prophet (PBUH) and what seems here is that he decided that ZUBAYR could irrigate his land by the flowing water stopping it upto the time of irrigation without storing it yet just as he is done with it, he would leave the water and then water would flow to his tank too and to other lands too at that time. When the man from ANSAR objected and that also with unsuitable words, he revised his decision (and ULAMA have said that this was due to the punishment of the objection he had raised to the judgment with inappropriate words while the initial judgment is the actual verdict in such cases) and told ZUBAYR not only to irrigate his land first but also to store it to the extent to fill the tank that he has provided for it and then leave the water for others; the man from ANSAR might have been a hypocrite as his response to the judgment implies yet he might have been a decent person as ANSAR generally were, making a grave mistake by responding adversely in anger realizing that afterwards and Allah knows better.
TOPIC 27-About one who at the point of death frees his slaves
(1369)-Sayyidina Imran lbn Husayn (RA) narrated that a man of the Ansar set free his six slaves when he was about to die and he had no other property besides them. This news was conveyed to the Prophet (PBUH) and he spoke sternly about him. He summoned the slaves and divided them into groups. Thereafter, he cast lots among them, and emancipated two of them and retained four. [M 1668]
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TOPIC 28-About a relative coming into someone’s slavery
(1370)-Sayyidina Samurah reported that Allah’s Messenger (PBUH) said, “If anyone becomes owner of one of his dhu-mahram relatives then he is free.” [Abu Dawud 3949, Ibn e Majah 2524, Ahmed 20187]
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The practice of slavery that was prevalent in those ancient days is out of our lives now; Al-Hamdu Lillah; and so rulings about them are not much relevant now yet Ahadith at study here are interesting in respect to giving a very high value (caring about them in all ways possible) to close relatives (DHU-MAHRAM means very near ones in relation); they also guide where lots (paper of lottery slips with names of all parties involved in a matter) is valid to apply. The Prophet (PBUH) spoke sternly about the man near to death because slaves had high value then that the heirs got after a man’s death so that was huge wrong done to his heirs by him when he freed all of them near to death depriving them of an ease in this worldly life; with that ease they became more capable to care for AKHIRAT, the true life. As for his action of allotting freedom to all six of his slaves, the Prophet (PBUH) took it as his will and he had allowed expressing in the will for one-third of the assets a person had; so the Prophet decided to release two of the six slaves according to his will. ULAMA allow deciding by lots when the detail of some rights is in question (when all parties of the deal have equal rights) and lots would not cast any adverse effect to the right of any one. An example for this is that if four persons purchase a house for their residence jointly that has been divided into four specific portions clearly then it is allowed that names of all four are put into some bag in slips resembling each other in features for the lots to be drawn. Now the specific portion is mentioned clearly and a slip is drawn randomly so that portion would go to the person whose name turns-out as a result then; in this way every-one would get his share rightfully without affecting shares of others adversely. The right to freedom was only for couple of slaves here according to the ruling but which ones was the question when they all had equal rights to freedom; so lots were drawn and two were released. That certainly was justice so as not to disgust anyone of the slaves yet as feelings of human-beings were involved here (and freedom is precious) so many of ULAMA have pointed out that in this case it is the asking of EHSAAN to ask the ones who do not get their freedom, for SA’AYAH (payment of some specific amount of money to get freedom); as they pay the amount for their freedom getting it by their hard work, they would get their freedom too.
TOPIC 29-One who cultivates another’s land without permission
(1371) Sayyidina Rafi ibn Khadij (RA) reported that Allah’s Messenger (PBUH) said, “If anyone sows in another’s field without his permission then there is nothing in the field for him. Of-course, he can claim his expenses (on sowing, but the field and cultivation belong to the owner of the land).” [Abu Dawud 3403, Ibn e Majah 2466, Ahmed 19270]
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TOPIC 30-To make Hibah and observe equality among children
(1372)-Sayyidina Nu’man ibn Bashir (RA) reported that his father made a gift of a slave to one of his sons. He came to the Prophet (PBUH) to request him to witness the gift. The Prophet (PBUH) asked him, “Have you made a like gift to all your children as you have given him?” He said, ‘No’. Then the Prophet (PBUH) said, “In that case, take him back (from him).” [Bukhari 2586, Muslim 1623]
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Injustice needs to be avoided everytime and everywhere; both these Ahadith point out this fact well. A person must not sow at some land that is not his property; if he cultivates it without the permission of the owner but by force or by some other means then he would not get its produce or any possession of that land as that would be injustice though a leniency is shown to him that he might claim his expenses that he has made there; this is how the Hadith at the topic guides. As for making gifts to children, note that it is not right to show preference to some of children over others except when one of them seems highly worthy due to his care for parents. Without any such valid reason that shows his worthiness clearly, preference in presenting of any gift to a son or a daughter is injustice; note that when some gift is to be presented to any of the off-spring in life, it is not needed to see that the daughter gets half of what the son gets as is the rule at the inheritance; note also that a person is not allowed to will for more than one-third of his property and his will would not relate to any of his heirs.
TOPIC 31-About Shufah
(1373)-Sayyidina Samurah (RA) reported that Allah’s Messenger said, “The neighbour of the house has a greater right over the house.” [Abu Dawud 3517]
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TOPIC 32-About one who is absent at the time of Shuf’ah
(1374)-Sayyidina Jabir (RA) reported that Allah’s Messenger (PBUH) said, “The neighbour has a greater right of Shuf’ah. Wait for him if he is absent provided their path is the same.” [Abu Dawud 3518, Ibn e Majah 2494, Ahmed 14257]
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TOPIC 33-When roads are separate, Shuf’ah is not applicable
(1375)-Sayyidina Jabir ibn Abdullah (RA) reported that Allah’s Messenger (PBUH) said, “When limits are defined and roads are separated then there is no option (that is, Shuf’ah is not applicable).” [Bukhari 2213, Abu Dawud 3514, Ibn e Majah 2499, Ahmed 14159]
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When someone intends to sell his house, he would present the matter first to his neighbor. SHUFA is the pre-emptive right of the neighbor that he is asked first (except when the house is owned in partnership then the one intending to sell his share would have to ask for its purchase to his partners first); his neighbor would buy it if he intends for it but this right is relaxed if the paths of both the houses are different that is there is some notable space between the houses or if their respective entrances face different paths. Three of IMAMS except ABU-HANIFAH give the right of SHUFA to the neighbor only when the homes are located at the same path and they are attached to each other without any space in between. ABU-HANIFA takes the neighbor with his house attached as preferable for the purchase of the house without care whether the paths to them are similar or not; the right of SHUFA is only in the transaction for the house and for no other property.
TOPIC 34-About the partner being a Shafi’
(1376)-Sayyidina Ibn Abbas (RA) reported that Allah’s Messenger (PBUH) said, “Every partner is a Shafi (meaning, he has a right and option) and Shuf’ah covers everything.”
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TOPIC 35-About Luqatah and lost camel or goat
(1377)-Sayyidina Zayd ibn Khalid Juhanni (RA) reported that a man asked Allah’s Messenger (PBUH) about Luqatah (something found fallen in the way). He said, “Make announcement about it for a year. Thereafter, bear in mind the item, its string, etc. And then spend (use) it. If its owner comes later then give it to him.” He submitted, “O Messenger of Allah, what about a lost sheep?” He said, “Take it. It is yours, or your brother’s, or for the wolf.” He asked, “O Messenger of Allah, and a lost camel?” This angered the Prophet (PBUH) till his cheeks turned red or his face turned red and he said, “What is it to you? It has its feet and its water till its owner finds it.” [Bukhari 2429, Muslim 1722]
(1378)-Sayyidina Zayd ibn Khalid Juhanni reported that Allah’s Messenger (PBUH) was asked about Luqatah. He said, “Make an announcement for it for a year and if it is claimed then hand it over otherwise bear in mind the quantity, the kind and the string, etc. and put it to use. If the owner comes after that, give it to him.” [Bukhari 2427, Muslim 1722]
(1379)-Suwayd ibn Ghafalah narrated that he went out with Zayd ibn Suhan and Salman ibn Rabi’ah. He found a whip. Ibn Numayr said in his Hadith that he found a whip lying down. So he picked it up. His companions said, “Leave it alone”, but he said, “No, I will not leave it that beasts eat it. I will take it and benefit from it.” Afterwards, he went to Ubayy ibn Kab and asked him about it, narrating what had happened. He said, “You did well. In the times of the Prophet I had found a purse containing hundred dinars. I took it to him and he said to me, ‘Publicise it for a year’. I announced about it through one year but did not find anyone knowing about it, so I went back to him, and he said, “Publicise it one more year.” I did it for a year and went to him and he asked me to publicise another year, saying “Count them and remember the purse and the string with which it is tied.” He said that I should hand it over to the claimant when he identifies it, otherwise I should retain it and use it.” [Bukhari 2426, Muslim 1723, Abu Dawud 1701, Ibn e Majah 2506, Ahmed 21225]
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LUQATA means something that is found lying idle somewhere and it is necessary to announce about it so that its owner could be found; Islam does not appreciate the idea that the finder is the keeper. There are some questions that have to be answered in this matter; first is that what lying thing might be taken into custody; second is that for how much time it must be announced, third is that when is it allowed to use it if the owner does not turn-up; fourth is that if the finder does use it and then the owner turns-up so then what should he do and the last but not the least, if he has used it and the owner never turns up, would he be a sinner. I, MSD, would omit minor differences among schools of FIQH here as they are near to none practically in the matter. By Ahadith presented by respectable TIRMIDHI here, the respective answers to questions are as follows. For the first question the better answer is that when a man that fears Allah so he avoids wrongs sees something that is of some good value lying idle, he must pick it up if he has an idea that if he does not do so, it might fall in wrong hands; anything that is not much valuable or it is most expected that the owner would certainly come at this site very soon searching for it, then he must leave it alone. Answer to the second question is that the finder must announce LUQATA for at least one year as the requirement of ADL (law and justice) though he might continue to announce it for even more on basis of EHSAAN. Answer to the third question is that if the finder is needy he might use it after one year of announcement but he would have to return its compensation if the owner turns-up even after a year when the finder has used it; if the finder is extremely needy at the time when he got LUQATA and that could do fine to fulfill his extreme need, he would use it then and there with the intention to return its compensation as its owner turns-up; the finder must not use it even after a year if he is well-off keeping it aside at safety but its usage is allowed even for the prosperous finder after that time if he so intends. Answer to the fourth question is that if the finder has used it and its owner turns up, the finder would pay the compensation and consideration would be given neither to the length of owner’s absence nor to the prosperity or to the poverty of the finder; the owner has the right to designate it as SADAQAH if he intends seeing the status of the finder. Answer to the last question is that the finder if he uses the LUQATA after a year, insha-Allah he would not be a sinner as the Prophet (PBUH) clearly mentioned this period of a year as the limit to wait with the intention that he would return it if that is needed; the thing of use would come in use when the period to wait for the owner expires without any intention to defy his right and Allah knows better.
TOPIC 36-About Waqf
(1380)-Sayyidina Ibn Umar (RA) narrated that Sayyidina Umar (RA) got a piece of land in Khaybar. He said, “O Messenger of Allah, I have acquired property in Khaybar dearer than I have ever received, so what do you command me to do with it?” He said, “If you wish, retain the original with yourself and make Sadaqah of its profit.” So Umar made a Sadaqah of that. Thus, the land could never be sold, gifted or inherited. Its produce was a Sadaqah for the poor, relatives, setting slaves free, the path of Allah, the travelers and the guests. There was no sin on its trustee if he ate something from it in a reasonable manner, or fed a friend, other than hoarding it. The narrator said that when he narrated the Hadith to Muhammad ibn Sirin, he said instead of --other than hoarding it-- it had ‘May not amass wealth for himself’. Ibn Awf said, still another man narrated the Hadith to me and he had read the document of endowment inscribed on a red hide and it had the words ‘other than amassing wealth’. [Muslim 1632]
(1381)-Sayyidina Abu Hurayrah reported that Allah’s Messenger (PBUH) said, “When a person dies, his deeds are cut off from him except three, perpetual Sadaqah, knowledge from which benefit is derived and righteous children who pray for him.” [Muslim 1631, Abu Dawud 2880, Nasai 3651, Ahmed 8853]
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WAQF is the profits of the property given in the way of Allah. All the schools of FIQH take the matter as such that the owner would have no claim once he has given a property in WAQF that is Trust established for the needy though he might specify those who would benefit from its profits including his relatives too even if they are not much needy. Although ABU-HANIFA has some reservation whether the ownership would be surrendered here yet even his school follows the general trend in the matter. The board of directors of such trust must comprise of practicing Muslims who care about the needy and who use its profits mostly at FARDH-KIFAYAH like TABLIGH (spreading the word of Islam) and JIHAD (efforts especially war taken-up in the way of Allah). The other Hadith at the topic tells us that three things do continue benefiting a Muslim who always cared about Islam at his worldly life even after his death; those are the wealth he spent as SADAQAH that continues to benefit the needy even after his death and the knowledge, that he spread by his good words and his good works that continue to benefit the seekers of the Truth (i.e. Islam) and the well-mannered children that he left behind who pray Allah for him to give him mercy and give him JANNAH (Paradise).
TOPIC 37-There is no Qisas if an animal injures anybody
(1382)-Sayyidina Abu Hurayrah reported that Allah’s Messenger (PBUH) said, “There is no retaliation for a wound caused by an animal, accident in a well or in a mine. Zakah is payable at one-fifth on buried treasure.” [Bukhari 6912, Muslim 1710]
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TOPIC 38-Cultivating barren land
(1383)-Sayyidina Sa’eed ibn Zayd (RA) reported that the Prophet (PBUH) said, “If anyone cultivates barren land then it belongs to him and if anyone plants a tree wrongfully (on someone else’s land) then that does not give him a right.” [Abu Dawud 3073]
(1384)-Sayyidina Jabir ibn Abdullah (RA) reported that the Prophet (PBUH) said, “He who makes barren land fertile owns it.” [Ah 14270]
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TOPIC 39-About handing over property
(1385)-Sayyidina Abyad ibn Hammal reported that he went to Allah’s Messenger (PBUH) and requested that a salt mine be assigned to him. So, he gave him the mine. When he turned to go, someone in the assembly asked, “Do you know what you have given him. It is a perpetual source of ready water,” (meaning that it would produce plenty of salt). The narrator said that the Prophet (PBUH) took it back from him. He then asked about the land of thorny trees that could be surrounded. The Prophet (PBUH) said, “The land where the camels cannot go” (meaning that place which is away from grazing ground). [Abu Dawud 3064, Ibn e Majah 2475]
(1386)-Sayyidina Wail ibn Hujr reported that the Prophet (PBUH) assigned to him a piece of land in Hadramawt. [Abu Dawud 3058, Ahmed 27308]
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If an animal belonging to someone damages some property or wounds someone, there is no compensation to be asked from him if it is obvious that he had taken all measures that such incidents do not occur; it must be totally obvious that the adverse incident if it takes place has not happened by any of his negligence. Similarly, wounds or even death that might be caused by a well at the land of a person, or a mine there, does not make the man answerable for the damage done unless it is totally obvious that his criminal negligence is involved in the matter; this negligence includes even asking a person that is not skillful for the job to do some work at the well or the mine. As for the buried treasure that a man gets from his land, he is liable to keep it when he pays the fifth part of it to the state treasury. When a man cultivates land seeing it idle, it does not make him the owner there; rather he would not receive even the produce from it if he does not have the consent of the owner to work upon it though he might receive his expenses upon it (see H-1371). However if someone cultivates a barren land open to proprietorship then he is liable to its possession with three conditions; it must be far from population (and words of Hadith imply that such land must be at such place where camels are unable to reach) and secondly there must be nothing in his act of taking it that would cause any wrong to Muslims in general and thirdly he must work there physically to get benefits, then that land belongs to him; this is the ruling of three IMAMS other than ABU-HANIFA who says that the permission of state authorities is also necessary (and in the present times this ruling is better so it is feasible for the man to register that land who gets it with the three conditions mentioned with the Government). Note that even the Government needs to see these three conditions at the Islamic environment to allot lands under its control; the Prophet (PBUH) took the salt-mine back as it did not fulfill two of the three conditions that the mine did not need much work upon it as it was already prepared to ask benefits from it and due to that prepared commodity there of general utility to Muslims available at hand, it would have caused harm to Muslims in general. The Prophet (PBUH) realized it when he was told that this is a prepared source of getting salt as provisions of it are already at hand there; he was unaware of this fact before; so he revised his decision. Note that if someone feels that he knows something in a matter that if not disclosed would cause harm to Muslims in general, he has the liability to say it in open in as appropriate words as possible and Allah knows better.
TOPIC 40-Excellence of planting trees
(1387)-Sayyidina Anas (RA) reported that the Prophet (PBUH) said, “If a Muslim plants a tree or cultivates land and a man, a bird or an animal eats from it then that is a Sadaqah on his behalf. [Bukhari 2320, Muslim 1553, Ahmed 12497]
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TOPIC 41-About crop-sharing
(1388)-Sayyidina lbn Umar reported that the Prophet (PBUH) gave land to the people of Khaybar on condition that they give to him half share of the produce, whether fruit or other cultivation. [Bukhari 2329, Muslim 1551]
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TOPIC 42-About cultivation
(1389)-Sayyidina Rafi’ ibn Khadij (RA) reported that Allah’s Messenger (PBUH) forbade them from something that was profitable to them. When one of them had a piece of land he would let it out against part of its Kharaj or some dirhams. He said, “When one of you has a piece of land then he must either give it to his brother to cultivate without asking for a return or he must cultivate it himself.” [Bukhari 2339, Muslim 1548]
(1390)-Sayyidina Ibn Abbas (RA) reported that Allah’s Messenger (PBUH) did not disallow crop sharing, but commanded them to be mild to each other. [Bukhari 2342, Muslim 1550]
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Note here for MUKHABARAH that it means to share the crops of a land by the owner giving that to someone to cultivate in some specific ratio but it is taken as MAKRUH-TANZIHI though such transactions have been tolerated by the Prophet (PBUH); it is also named as MUZARI’AH. It is narrated here that in the land of KHAYBER, he made this deal with Jews in his land that whatever produce is got from the cultivation of the land, it would be shared half & half, both sides sharing equally. However, specification of a particular piece of the land by the owner, that the produce here would be his share, is not allowed. Also, if he fixes an amount of produce and not the ratio of the total then that also is not allowed; example for this prohibited transaction would be that the owner of the land asks the cultivator to give 10000 kg of the produce to him and the rest the cultivator could keep for him-self; note that this is not taken as rent here but a case in MUKHABARAH so this would clearly be a transaction that relates to GHARAR and as such, it is disallowed. The last topic of the booklet clarifies that though by ADL, MUKHABARAH is allowed yet by EHSAAN, it is better to give the land to cultivate without asking for any returns to someone needy especially among relatives or those that are known well as this is highly commendable act; Al-Hamdu Lillah.
(CONTINUED at TIRMIDHI-7)
Presentation by MUHAMMAD SALEEM DADA
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Al-Hamdu Lillah
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1- BOOK OF MARRIAGE (43 topics)
TOPIC 1-Merit of marriage and encouragement for it
(1082)-Sayyidina Abu Ayyub reported Allah’s Messenger as saying, “Four things are from the SUNNAH of the Prophets; those are modesty, perfume, siwak and marriage.” [Ahmed 23641]
(1083)-Sayyidina Abdullah ibn Mas’ud (RA) narrated that we went out with Allah’s Messenger (PBUH) while we were young men and we were unable to do anything (that is we could not even afford marriage). He said, “O Group of young men! It is incumbent that you marry for it protects the eye and the private part. And that among you who cannot marry, let him fast for fasting dries up (lust).” [Ahmed 4023, Bukhari 1905, Muslim 1400, Abu Dawud 2046, Nasai 3206, Ibn e Majah 1845]
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Marriage has two aspects; one is that it is an agreement between a man and a woman and the other is that it is a relationship of love; these two matters relate to ADL (Law) and EHSAAN (Natural good tendency) respectively. The difference of ADL and EHSAAN becomes evident here by the fact that the woman is not necessarily responsible for cooking food for her husband by the teachings of Islam yet at the level of EHSAAN, Islam asks her to do it without any complaint as routine. For the man it is one of the matters of life yet for the woman (if she wants to live as one of the most pious persons and marries such man who recognizes the true aim of life that is to worship Allah only), it is the life itself. The man is allowed by Islam to keep four woman at one time in his marriage; he would care for their physical needs (food, water, clothing and shelter; these are said as the basic necessities in H-2348) and for their spiritual need of understanding the Truth as told in the Holy Book Quran; yet the better thing for the ordinary Muslim man is to take one wife only for life as in these current times it is better for the man to take as less responsibility in all worldly matters as possible so that his efforts remain to the Islamic practice; however, if he does have the resources and the good capability then the better thing for him is to marry two of women at-least as that would diminish many of social issues that the Muslim women do face today; with less of the liability upon him, he would be able to call people towards the practice of Islam as much as possible. That certainly asks for ample time and less responsibility with care only for the subsistence; marriage comes into this context only if totally necessary where a man feels highly vulnerable to shameful deeds. The notable thing is that the Islamic Teachings take the marriage highly preferable for such Muslim men who feel highly troubled with specific feelings towards women; it keeps the Muslim man safe from shameful sins. Ahadith at the topic point this out here yet if the good control over such feelings is totally possible with no inclination practically towards unrelated women even for some conversation to them then it is better for men to marry in thirties and for that matter, late-thirties is even better; they would take-up SAUM (fasting) as much as possible. Except for the school of ABU-HANIFA (that values the EHSAAN side of marriage more than the side of ADL) other IMAMS prefer the late marriage. This HANAFI Stance did cause a rise in the population of those SUNNI Muslims who belong to the HANAFI School and mostly inhabit Afghanistan, Pakistan, India and Bangla-Desh yet we Muslims are much more in need of quality that we all do become practicing Muslims today, rather than having increase in quantity though in the normal circumstance even quantity would have been a merit to Muslims (as then it would not have been without quality). Islamic Teachings value the weight in character rather than the count of heads; it is said in the Holy Book Quran, “Say: The bad and the good are not equal though the abundance of the bad might attract you; so be careful of (your duty to) Allah, O men of understanding, that you may be successful” (5:100).
TOPIC 2-About abstaining from marriage
(1084)-Sayyidina Samurah reported that the Prophet (PBUH) disallowed celibacy. [Nasai 3211, Ibn e Majah 18491]
(1085)-Sayyidina Sa’d ibn Abu Waqqas reported “Allah’s Messenger denied Uthman ibn Maz’un permission to observe celibacy. If he had permitted him, then, indeed, we would have had ourselves castrated.” [Ahmed 1516, Muslim 1402, Bukhari 5073, Nasai 3209, Ibn e Majah 1848]
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Islam asks the man (and also the woman) to live as a good person with morals and character seeing to the ordinary business of life in the normal circumstance. Even in exra-ordinary circumstances that might be challenging to Islamic way of life, it is not preferable to leave-out the marriage though such omission is not disallowed for the Muslim man who has complete control of his emotions towards women. Note that though the man might take-up few limited ways to stop his wives from pregnancy temporarily when that seems necessary; he might avoid the nearness to them with their consent or he might take up such nearness at times where the chances are much lesser to pregnancy with their consent; at the lesser degree, he might opt for AZL (coitus interruptus) with their consent; they must not take-up such ways as to cause permanent blockade of pregnancy to their wives. Also note that women are disallowed to take-up ways to avoid pregnancy strictly by Islam but some ULAMA do allow avoidance when it is “most probable” that she would die at the child-birth; note that Islam being the natural tendency of human-beings higly appreciates the natural role of men to earn the bread and of women to bear and rear the children.
TOPIC 3-About marrying the best from religious angle
(1086)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, “When a man proposes marriage and you are pleased with his religion and his character then marry (your daughter) to him. If you do not do it then there would be mischief on earth and much corruption.” [Ibn e Majah 1967]
(1087)-Sayyidina Abu Hatim Muzani narrated that Allah’s Messenger (PBUH) said, “When a man with whose religious inclination and character you are satisfied comes to you, marry (your daughter) to him. Unless you do it, there would be mischief on earth, and corruption.” They asked, “O Messenger of Allah (PBUH) even though he has nothing?” He said (again), “When comes to you one with whose religion and character you are pleased, marry him.” He repeated these words three times.
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In Islam, the father has the authority to marry his un-married daughter though he must take her approval for the man he chooses for her and he must see to the responsibility to marry her to such man who has the ability to provide for her spiritual and physical needs. However, if the man is most worthy in character by the Islamic standard though not much capable in worldly matters yet just capable to manage them to the level of necessity then he certainly is one of the most suitable candidates whom the father must consider favorably.
TOPIC 4-About looking at the fiancé
(1089)-Sayyidina Mughirah ibn Shu’bah (RA) said that he proposed to a woman. So, the Prophet (PBUH) said to him, “Look at her. That would strengthen your love for one another.” [Ahmed 18160, Nasai 3232, Ibn e Majah 1865]
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TOPIC 5-One who seeks 3 characteristics before marrying
(1088)-Sayyidna Jabir (RA) reported that the Prophet (PBUH) said, “A woman is married for her religion, her wealth or her beauty. So, it is upon you that you pick one for religion; may your hands be dusty.” [Ahmed 14310, Muslim 715, Nasai 3223, Ibn e Majah 1860]
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It is allowed to see and even have some conversation with the woman a man has proposed. Although it might seem strange yet at those times the proposal was made only to the father for her unmarried daughter whom the man might have not seen properly before the proposal. Even today this is the most preferable attitude for the Muslim man that he asks the father of the lady he intends to marry, to give her in his marriage though he might never have seen her before; note that men are commanded to keep their gaze downwards to the ground when they have to converse to the unrelated woman necessarily (see Surah NOOR, verse being 30); and this interesting guidance is glaring example of what an important place HEJAB occupies in the Islamic environment. The other Hadith here at the topic tells us that as the father must take care that the man has high morals and good character in accordance with Islam, the man also must seek such spiritual beauty in the woman too that keeps her to Islam at all times and places; if she has some physical beauty too or has some wealth too in her name (that she might extend as long-term loan to him if he does need it), that would only be bonus to him yet he must not marry her for any reason other than her spiritual beauty. The Prophet PBUH used the expression "May your hands become dusty" in different ways and here, it means that my wish for you is that you might have desire for a pious woman.
TOPIC 6-About announcing the marriage
(1090)-Sayyidina Muhammad ibn Hatib al-Jumahi (RA) narrated that Allah’s Messenger (PBUH) said, “The division between the lawful and the unlawful lies in the daff (tambourine) and the voice” (which is the announcement). [Ahmed 15451, Nasai 3366, Ibn e Majah 1896]
(1091)-Sayyidah Ayshah narrated that Allah’s Messenger (PBUH) said, “Publicise these marriages, conduct them in mosques, and beat the dufuf (tambourines) to announce them.”
(1092)-Sayyidah Rubbayyi bint Mu’awwiz ibn Afra (RA) narrated that Allah’s Messenger (PBUH) came to me on the morning after the first night of my marriage. He sat down on my bed just as you are now sitting with me while our female slaves were playing the daff and recited eulogies about our ancestors who were martyred at Badr till one of them recited, ‘And among us is the Prophet (PBUH) who knows about the tomorrow’. So, he said to her, “Observe silence from that, but say that which you had been saying before this.” [Ahmed 27089, Bukhari 4001, Abu Dawud 4922, Ibn e Majah 1897]
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Marriage, in truth, is the matter that relates to Announcement, Responsibility and Trust. Taking the initials of these, it certainly is an ART to make things at home run smoothly. It certainly is also a matter that asks for high affection between the couple; when a man marries a woman, he commits to take the woman as the partner to his life whatever comes then, unless he truly has no option left. There might be one or two musical instruments to announce the marriage, the voice of which remains confined to the boundary of the home-area while girls of the family (that actually have no inclination towards singing) sing at this occasion of the marriage, strictly in their own gathering then such conditional attitude at this specific occasion is fine to tolerate by the Islamic Morality; please note well that this is not the general attitude and even at the marriage, it does not occur without conditions; Islam is highly strict in matters of HIYA (the natural strong tendency that the woman, all of them, has inside her of avoidance of all shameful things since her birth to all times ahead). The Muslim men also must care for the HIYA of the Muslim women firmly at all such occasions and if this spiritual quality of HIYA develops even in a man, it is not something abnormal to him; it makes him one of the most virtuous persons.
TOPIC 7-What is said to the married (couple)
(1093)-Sayyidina Abu Hurayrah (RA) reported that when a man married, the Prophet (PBUH) would say to him, “May Allah bless you and bless it for you and may He join you with goodness!” [Ahmed 8965, Abu Dawud 2130, Ibn e Majah 1905]
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TOPIC 8-Supplication at the time of cohabition
(1094)-Sayyidina Ibn Abbas (RA) reported that Allah’s Messenger said, “When one of you approaches his wife, he must say ‘in the name of Allah! O Allah! Cause us to keep away from the devil and keep the devil off from what you provide us’. Then if Allah has decreed a child for them, the devil will not harm him.” [Ahmed 1908, Bukhari 5165, Muslim 1434, Abu Dawud 2161, Ibn e Majah 1919]
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Islamic teachings ask to make DUA (supplication) to Allah even at this specific occasion of nearness to the wife as that would cause satanic influence to keep away from any off-spring that comes by it. It is to ask Allah in the most simple manner to protect the act from satanic intrusion and to protect the child that comes by that act; Al-Hamdu Lillah. The elders of both the families must make DUA to Allah for both of them to receive the mercy and to receive the blessing of Allah in their lives ahead.
TOPIC 9-The hours when it is Mustahab to marry
(1095)-Sayyidah Ayshah (RA) said, “Allah’s Messenger married me in Shawwal and consummated his marriage with me in Shawwal.” Hence she liked for her friends to get married in Shawwal. [Muslim 1423, Nasai 3233, Ibn e Majah 1995]
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Due to this Hadith at the topic, ULAMA have taken SHAWWAL the best of lunar months to marry; this is the tenth lunar month and it comes just after RAMADHAN when at its first day, Muslims celebrate the EID to thank Allah for the provision of SAUM (fasting) at RAMADHAN. The best of timing to the dot for the marriage is the time of ASR (little more than an hour before sunset) at any Friday in the month of SHAWWAL; the second best of the lunar months for the marriage is probably the sixth lunar month, JAMADU-THANI.
TOPIC 10-About the Walimah (the wedding feast)
(1096)-Sayyidina Anas ibn Malik narrated Allah’s Messenger observed the trace of yellow on Abdur Rahman ibn Awf (RA) and asked, “What is it?” He said, “I have married a woman for the weight of nawah in gold.” He said, “May Allah bless you. Give a wedding feast, even with a sheep only.” [Ahmed 13369, Bukhari 5155, Nasai 3370, Muslim 1427, Ibn e Majah 1907]
(1097)-Sayyidina Anas ibn Malik (RA) reported that the Prophet (PBUH) gave a wedding-feast for (his marriage with) Safiyah bint Huyyayi with Sawiq and dates. [Ahmed 12079, Abu Dawud 3744, Ibn e Majah 1909]
(1098)-Muhammad ibn Yahya also reported from Humayd who from Sufyan a Hadith similar to this.
(1099)-Sayyidina Ibn Mas’ud (RA) reported that Allah’s Messenger (PBUH) said, “The meal on the first day is right. The meal on the second day is Sunnah and the meal on the third day is ostentatious. So, if anyone makes that heard then Allah will make him heard.”
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There are three customary things that comprise the ceremony of marriage; these are the proposal given that might be given by the family of any side to the other though in general it is given by the family of the young man, the second is acceptance by both the man and the woman in getting into marriage with each other that is the essence of these things and the third is VALIMAH that is the foodstuff to the people attending the occasion that is provided by the young man getting married; better to give it in the seven days maximum of marriage and within couple of days is the best; and better to give it separately for men and for women by the difference of timing or by the difference of places. Note that the man must provide the MEHR (amount of money that is the right of the young woman which she had asked to marry the man and that amount might be very high if she feels appropriate to take that from him) to the girl he is taking into his marriage as soon as possible; other gatherings are waste of time and money. I, MSD, pray that Allah guides all Muslim persons especially the Muslim women to keep strictly to the Islamic Teachings caring highly about HEJAB even at occasions of marriages, picnics and cheerful gatherings where emotions run high; certainly, He has the True Strength to put everything right pardoning us all and extending mercy to us all for He is TAWWAB (the Most Forgiving One) and RAHIM (the Most Merciful One); Al-Hamdu Lillah.
TOPIC 11-About accepting an invitation
(1100)-Sayyidina Ibn Umar (RA) reported that Allah’s Messenger (PBUH) said, “Accept the invitation when you are invited.” [Ah 4730, Bukhari 2129, M 1429, AD 3736, Ibn e Majah 1914]
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TOPIC 12-About the un-invited
(1101)-Sayyidina Abu Mas’ud (RA) narrated that a man called Abu Shu’ayb came to his slave called Lahham and said to him, “Prepare for me a meal that would suffice five people, for I see signs of hunger on the face of Allah’s Messenger (PBUH).” So, he prepared the food. After that, he sent him to the Prophet and invited him and those sitting with him. When the Prophet (PBUH) stood up, a man who had not been with him when he was invited followed him. So, when he came to the door, he said to the owner of the house, “A man who was not with us at the time of invitation has followed us; he would come if you permit him.” He said, “Indeed, we permit him.” So, he entered. [Ahmed 14807, Nasai 2081, Muslim 2036]
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Muslims must accept invitations of each other for meals especially where it seems clear that the inviter has asked to the meal with the the good intention to unite ties of good relations and not because of the pressure of customs. However, the inviter and the invited must see that nothing adverse to Islamic Teachings take place; if such adversity is obvious with the inviter forced to occasion or the inviter is not much conscious to some obvious adversity at the occasion while the invited person has the potency to omit the occasion, he needs to do so without fail.
TOPIC 13-About marrying a virgin
(1102)-Sayyidina Jabir ibn Abdullah (RA) narrated that I married a woman and then came to the Prophet PBUH. (Having known about my marriage) he asked, “Have you married, O Jabir?” I said, “Yes!” He asked, “A virgin or a widow?” I said, “Rather, a widow.” He said, “Why not a young girl? You would have played with her and she would have, with you.” I said, “O Messenger of Allah! Indeed Abdullah has died and left behind seven daughters, or nine. So, I took one such woman who may look after them.” So, he prayed for me. [Ahmed 14966, Bukhari 5367, M 715, Nasai 3216]
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It is interesting to note that in those days people took their father’s name with ease and that was not taken as adverse to their respect; here Jabir has taken his father’s name with total ease and called his sisters as the daughters of Abdullah so that was the way of speech then and not anything against the respect of anyone. Due to this Hadith at the topic, ULAMA have said that in the normal situation it is better for a man to marry a virgin girl yet in difficult situations where the man has much responsibility upon him, he might seek the marriage to some woman of mature disposition. Note that only one of the wives of the Prophet (PBUH) was virgin among the 12 of wives he took into marriage (that was Sayyedah AYESHA-RA); these marriages prove one of the means to resolve the difference with Arab tribes as he was facing difficult times containing the enemy of Islam; with the total blessing of Allah, these difficult times changed to better in the last of his life when almost all of Arabia came towards Islam; Al-Hamdu Lillah.
TOPIC 14-Marriage is void without guardians’ consent
(1103)-Sayyidina Abu Musa (RA) reported that Allah’s Messenger (PBUH) said, “Marriage is not performed if the (consent of the) guardian is not there.” [Ahmed 19535, Abu Dawud 2085, Ibn e Majah 1881]
(1104)-Sayyidah Ayshah reported that Allah’s Messenger (PBUH) said, “If any woman marries without the consent of her guardian (WALI) then her marriage is void. Her marriage is void. Her marriage is void. If he cohabits with her then for her is the dower with which she has been turned lawful for him. And if they dispute with one another then the ruler is the guardian of one who has no guardian.” [Ahmed 24426, Abu Dawud 2083, Ibn e Majah 1879]
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This topic is very important in this booklet of marriage as it sets much of the Islamic attitude in respect to marriage. The schools that relate to three of IMAMS (except for the school of ABU-HANIFA) say that the marriage would not take place if a virgin girl marries by her own while the HANAFI School says that if the chosen boy’s status is much lesser than the status she has for her then the marriage would certainly not take place while if his status is high, then the matter would become suspended on the consent of the father of the girl for the marriage. It is very difficult to comment on this stance of the HANAFI-School as much of it seems to be based upon the personal thought and also upon some of the environmental values; Ahadith are not explicit on this matter of status and in fact we have just studied H-1087 that tells not to care about the worldly status if the person is highly worthy in character; some ULAMA of HANAFI School have stressed the value of character and have included this in the consideration of the status at such occasion where a girl marries a young man of her own choice yet even then the matter does not become clear as any young man caring about Islamic Values would not ask any girl to marry him bypassing her parents insha-Allah and certainly the girl caring about the Islamic Values would not do it if asked for it insha-Allah. The Hanafi-School takes its reasoning from the narration that says that a woman presented herself to the Prophet asking him if he would take her into his marriage (see H-1116); note that it is not known if she had not been married before or even if she had any WALI (guardian) or not though the Prophet (PBUH) did not ask her when she had stood for quite a time then; he might have done so if a man had not stood up asking the Prophet (PBUH) to marry her to him. This attitude also shows that nobody in the gathering knew the woman and the man asking for her marriage to him took the Prophet (PBUH) as her guardian then. It is much better to take the stance of the schools of three IMAMS other than the HANAFI-School; certainly the simple is always the best and Allah knows better.
TOPIC 15-Marriage is not proper without witnesses
(1105)-Sayyidina Ibn Abbas reported that the Prophet (PBUH) said, “They are adultresses who marry without witnesses.” Yusuf ibn Hammad said that Abdul Ala traced this Hadith to the Prophet (Marfu’) in his Tafsir, but related it Mawquf in the Book of Talaq (Divorce) without making it Marfu’.
(1106)-Qutaybah reported from Ghundar who from Sa’eed the like of it, but did not make it Marfu’, and that is Sahih.
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Without the two of adult and sane Muslim men that witness the marriage, the marriage does not take place or in simple words, it is invalid. This is how the IMAMS take these Ahadith though MALIK adds that if one witness is present at the ceremony and the other witness comes soon after, this would do and the marriage is valid. All the IMAMS ask for the announcement of the marriage with MALIK putting more emphasis on it as certainly it is most praiseworthy. Note well that the sinners do sins in secrecy but nobody needs to do honorable deeds in secret; Muslims need to announce them well keeping strictly to the Islamic Teachings of Morality; Al-Hamdu Lillah.
TOPIC 16-The marriage sermon
(1107)-Sayyidina Abdullah (RA) said that Allah’s Messenger (PBUH) taught us the Tashahhud for the Salah and the Tashahhud for some need. The Tashahhud in Salah is ‘all adorations of the tongue are for Allah, as also those of the body and wealth or good things. Peace be on you, O Prophet, and Allah’s mercy and His blessings. Peace be on us and on all righteous slaves of Allah. I bear witness that there is no god but Allah and I bear witness that Muhammad is His slave and His Messenger’. And, the Tashahhud in case of need like marriage is ‘all praise belongs to Allah. We ask Him for help and seek His forgiveness. And we seek refuge in Allah from the evils of our ownselves, and (from) our wicked deeds. He whom Allah guides, none can send astray, and he whom He leaves to stray, there is no guide for him. And I testify that there is no god but Allah, and I testify that Muhammad is His slave and His Messenger’. Then three verses of the Qur’an are recited. Athar said that Sufyan Thawri specified them, “O you who Believe! Fear Allah as He should be feared and die not unless you are Muslims” (3:102). The second is, “O mankind! Fear your Lord, Who created you from a single person, and from him He created his mate, and from both He spread abroad many men and women. So fear Allah by whom you demand (your rights) of one another, and fear (breaking) kinship of wombs. Surely Allah is ever watchful over you” (4:1). The third is, “O you who believe! Fear Allah and speak words straight to the point. He will set right your deeds for you and will forgive your sins, and whosoever obeys Allah and His Messenger, he indeed has gained a mighty triumph” (33:70, 71). [Ahmed 3877, Abu Dawud 2118, Muslim 3274, Ibn e Majah 1892]
(1108)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, ‘Every sermon that lacks Tashahhud is like the hand of a leper.” [Ahmed 8526, Abu Dawud 4841]
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TOPIC 17-To obtain permission from the virgin and the widow
(1109)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, “A widow is not married till she is consulted. And a virgin is not married till her permission is sought. Her permission is silence.” [Ahmed 9611, Bukhari 5136, M 1419, N 5611, Ibn e Majah 1871]
(1110)-Sayyidina Ibn Abbas (RA) reported that Allah’s Messenger (PBUH) said, “A widow has more right to her person than her guardian while a virgin’s consent must be sought, her consent being her silence.” [Muslim 1421, Abu Dawud 2098, Nasai 3257, Ibn e Majah 1870]
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These Ahadith at the topic clarify well that the father who is guardian to the virgin girl would see where he must give her in marriage though he is bound to ask her consent; if she keeps silent that is also understandably her consent by tradition. Note that though he would choose her husband at first yet his decision would remain suspended till the girl gives her consent for it. However, the widow has the right to decide for herself and she might accept the proposal given directly to her (on the basis of ADL) without any consultation to her father; ABU-HANIFA and MALIK have added here that if she still is young, her father still is her WALI and he still is the authority to give her in marriage to someone he prefers with her consent like his virgin daughter. By EHSAAN, it is better that she takes the close relatives into confidence about the matter as they might give her some good guidance about the proposal she has received. Note that the girl might be in four positions in respect to her matrimonial position; young virgin (all IMAMS agree that her father is authority over her in the matter of marriage); mature widow (all IMAMS agree that she would decide for herself); mature virgin (three of IMAMS except ABU-HANIFA agree that she is in the authority of her father and this stance of the three IMAMS obviously is better); young widow (MALIK and ABU-HANIFA consider her father the authority to marry her being her WALI while the other two say that she has the right to decide for herself and this latter stance obviously is better). Certainly, the age-factor is not of much consequence in this respect but the virginity of the girl decides; as such the stance of SHAFA’I and AHMED seems preferable in all the four situations here and Allah knows better.
TOPIC 18-An orphan girl must not be compelled to marry
(1111)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, “An orphan girl should be consulted about herself. If she oberves silence, that signifies her consent, but if she rejects then there is no compulsion over her.” [Ahmed 7531, Abu Dawud 2093]
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TOPIC 19-If two guardians marry the girl to two different men
(1112)-Sayyidina Samurah ibn Jundub reported that Allah’s Messenger (PBUH) said, “If two guardians have given a woman in marriage then she belongs to the first of the two. And if anyone sells something to two men then it goes to the first of them.” [Ahmed 20106, Abu Dawud 2088, Nasai 4696, Ibn e Majah 2344]
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Note that when the father is dead, the guardian for the girl would be the grandfather, then the adult elder brother and then the paternal uncle. However, this must be clear that whoever is the guardian of the girl, he truly is sincere to the girl and there are no grudges amongst the family members at all. The orphan girl also would be asked like any other girl from her guardian, the grandfather or the elder adult brother. The other Hadith at the topic tells about the confusion when two of the guardians of the virgin girl (the father and the grandfather) have decided to marry her to two different men by their respective choices accepting the proposal given to each for the girl unaware of the other’s acceptance; in such case, the better thing is to leave the decision to the girl making an apology toe the one who is rejected by her; if she does not mind any of them, then the decision of the guardian that is nearer (that is her father) is most worthy to take and this last part is what Hadith implies here; “she belongs to the first of the two” means she belongs to the decision of the father who is nearer in relation to her even if that man is not the first one by acceptance of proposal. However, the girl has the right to the final decision at this situation; the matter would proceed on to her father only when she does not mind any of the proposals that are given to her.
TOPIC 20-About a slave marrying without master’s permission
(1113)-Sayyidina Jabir ibn Abdullah (RA) reported that the Prophet (PBUH) said, “Any slave who marries without his master’s permission is an adulterer.” [Ahmed 14216, Abu Dawud 2078]
(1114)-Abdullah ibn Muhammad ibn Aqil reported on the authority of Sayyidina Jabir ibn Abdullah (RA) that the Prophet said, “Any slave who marries without his master’s pemission is a fornicator.”
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TOPIC 21-Concerning women’s dower
(1115)-Aasim ibn Abdullah reported that he heard from Abdullah ibn Aamir ibn Rabi’ah on the authority of his father that a woman of Banu Fazarah married against a dower of a pair of shoes. So, Allah’s Messenger (PBUH) said, “Are you pleased to give yourself and your property against a pair of shoes?” She said, “Yes!” He then gave her permission. [Ahmed 15676, Ibn e Majah 1888]
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TOPIC 22-More on it
(1116)-Sayyidina Sahl ibn Sa’d Saidi (RA) reported that a woman came to Allah’s Messenger (PBUH) and said, “I submit myself to you.” Then, she stood for a long time. A man said, “O Messenger of Allah, marry me to her if you do not need her.” He said, “Do you have anything to give her (by way of dower)?” He said, “I have nothing but this lower wrapper of the body.” So, Allah’s Messenger (PBUH) said, “If you give it to her then you will sit and have no lower garment on you. So, look out for something else.” He said, “I do not find.” The Prophet (PBUH) said, “Search, even if you find an iron ring.” He said, “I sought but could not find anything.” So, Allah’s Messenger asked him, “Do you have with you anything of the Qur’an?” He said, “Yes, that Surah, and that Surah. So Allah’s Messenger (PBUH) said, “I marry you to her with what you have of the Qur’an.” [Ah 22862, Bukhari 5029, M 1425, N 31971]
(1117)-Abu Ajfa reported that Sayyidina Umar ibn Khattab said, “Do not exaggerate in giving women their dower, for if that was honourable in this world and righteous in the sight of Allah then the most worthy of you to give it would have been the Prophet of Allah. I do not know that Allah’s Messenger (PBUH) married any of his wives or gave any of his daughters in marriage for more than twelve ooqiyas.” [Abu Dawud 2106, Nasai 3346, Ibn e Majah 1887]
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Ahadith-1113 & 1114 tell clearly that the slave would have to take the permission of his master for his marriage as he is under the authority of his master. The matter here is taken in likeness to the H-1104; three of IMAMS except for ABU-HANIFA take the matter as simple as the words imply that the marriage of a slave without the permission of his master is invalid while ABU-HANIFA takes the matter as suspended if the slave marries on his own; so if the master disagrees to his marriage then it is void but if he agrees then it is fine with no problem at all. However, slavery has become obsolete now and insha-Allah would remain out of lives ever; Al-Hamdu Lillah; so the matter is not of much concern in the present times. As for MEHR, the four IMAMS have some difference in its minimum amount; AHMED and SHAFA’I say that upon which both the sides agree by mutual consent that is fine and they stress the point that the marriage is among the business transactions. MALIK take three DIRHAMS as the minimum value for MEHR due to a narration in which MEHR is related as a war-item that had the same value according to him; ABU-HANIFA take the same war-item to be of 10 DIRHAMS and so that is the minimum MEHR in view of the HANAFI-School. One OOQIYAH was equal to 40 Dirhams at that time; a Dirham was nearly equivalent to 0.7 in ratio to DINAR by weight but DINAR was comprised of gold that was 425 grams in weight and DIRHAM was comprised of silver so in value 10 DIRHAMS used to make a DINAR; so 12 OOAIYAH seems a very high amount by the standard of those days that is reported at the narration-1117 when even one OOQIYAH was much more in value than 10 DIRHAMS (12 Ooqiyah coming to the value of 480 Dirhams actually at that time); the point to note in the indications of IMAMS is that they are presenting the value of minimum of MEHR; but this was the maximum that the Prophet (PBUH) had given to any of his wife, without asking it to be the limit; so IMAMS do not mind if even more of MEHR (than what they have indicated) is given. Note that H-1116 here is interesting in the sense that a woman presented herself to the Prophet (PBUH) for marriage and he did not ask if she had been divorced or if she had become a widow; does she have a guardian; from where had she come (as it was clear that nobody there knew her and she seemed to have come from out of Madinah); in fact, the Prophet (PBUH) did not ask anything from her (though he might have if a man had not offered to marry her) and he let her wait for quite some time. The man who offered to marry her was certainly very poor for he only had the lower garment on him with nothing at the body above and when he went to search at home for something that he could find to give the woman as her MEHR taking the time-out as commanded by the Prophet (PBUH), even then he could not find anything to spare for her. Note that the man asked the Prophet (PBUH) to give her in his marriage and this tells that he thought her to be a virgin lady who had no guardian; the rule being that the girl who has no guardian at all, his guardian would be the head of the state (see H-1104). When he told the Prophet (PBUH) that he only had this lower garment in his possession, the Prophet responded that this certainly would not do as then he would not even have anything necessary on him. The man was either desperate or either at those times too there existed something like “love at the first sight” as BUKHARI has narrated in this Hadith that he was ready to have the cloth on him 50 to 50 providing the half of what he wears to the lady. Although the Prophet did marry her to him yet that was on the condition that he would teach her the SURAH he knows from the Holy Book Quran. SHAFA’I takes this teaching as her MEHR while ABU-HANIFA (and also AHMED) do not take it as such but say that at that time the Prophet (PBUH) cared for his request but he had to pay the usual amount to the woman that was paid for MEHR to women by men in his clan when they married (that is called MEHR-MITHL) and so the matter was settled.
TOPIC 23-About one who frees his female slave and marries her
(1118)-Sayyidina Anas ibn Malik reported that Allah’s Messenger (PBUH) set free (Sayyidah) Safiyah and made her freedom her dower. [Ahmed 12839, Muslim 1365, Abu Dawud 2054, Nasai 3339, Ibn e Majah 1957]
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TOPIC 24-About the merits of that
(1119)-Abu Burdah ibn Abu Musa reported on his father’s authority that Allah’s Messenger (PBUH) said, “Three people will be given their reward twice; the slave who gives the right of Allah and the right of his master so he will be given his reward twofold. And the man who has a female slave (who is) beautiful and he teaches her manners after which he emancipates her and marries her seeking thereby Allah’s pleasure so he will be given his reward twofold. And the man who believed in an earlier Scripture (Torah) and then comes to him the other Book (i.e. Qur’an), so he believes in that (too) so he will be given his reward twofold.” [Ahmed 19732, Bukhari 97, Muslim 154, Nasai 3344, Ibn e Majah 1956]
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Sayyidah SAFIYAH was the daughter of HUYAYI who was the chief of the clan; she came in custody of Muslims with others that became slaves at KYHYBER according to the custom of the day. The Prophet (PBUH) took her as one of his respectable wives and he freed her then; this freedom became her MEHR. ULAMA at the HANAFI School have taken this to be such unique feature that was related specifically to the Prophet (PBUH) as they do not consider freedom from slavery could become MEHR though the school of SHAFA’I takes it as such. However, slavery has become obsolete now; Al-Hamdu Lillah; so the matter is not of much concern in the present times. The other Hadith also relates to doing good to slaves letting them go-ahead in the obedience of Allah not asking them anything against the commands of Allah; it explicitly told that it was one of high virtues to provide freedom to the slave-woman that a man had, teaching her all that is good (especially the teachings of the Holy Book Quran) and then raising her status to height by marrying her. H-1119 is much relevant at these current times too in the sense that if someone from the people of the book (Jews or Christains), who has been trying to live with good morals according to his own concept with attention towards the True Lord only, accepts Islam then his reward would be two-fold insha-Allah and Allah knows better; Al-Hamdu Lillah.
TOPIC 25-One who divorces his wife before sexual intercourse
(1120)-Amr ibn Shu’ayb reported on the authority of his father who reported from his grandfather that the Prophet (PBUH) said, “For any man who marries a woman and has sexual intercourse with her it is not lawful to marry her daughter. But if he has not had sexual intercourse with her then he can marry her daughter. And, as for a man who marries a woman and whether he has sexual intercourse with her or not, it is not lawful to marry her mother.”
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TOPIC 26-One who divorces his wife three times
(1121)-Sayyidah Ayshah (RA) narrated that the wife of Rifa’ah Qurazi came to Allah’s Messenger and said, “I was married to Rifa’ah but he divorced me and made it an irrevocable divorce. So, I married Abdur Rahman ibn Zubayr, but he has not with him save the like of edge of the garment.” So, he asked, “Do you want to return to Rifa’ah? No, that is not possible; not until you taste his (Abdur-Rahman’s) taste and he tastes yours.” [Ahmed 24153, Bukhari 2639. Muslim 1433, Ibn e Majah 1932]
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When a person gives divorce to his wife pronouncing it three times or telling in writing that he has divorced her three times then that is irrevocable divorce (MUGHALLAZA) and he loses all rights to keep her as wife at such time. However, if she marries another man and for some genuine reason he divorces her then it is allowed for her to marry her first husband if he so wills for that. This situation is exceptional and of-course it would not normally take place yet as there was some small chance present for it, the Holy Book Quran has remarked on the matter; see (2:229 & 230). Here at H-1121, the Prophet (PBUH) has clarified to the woman that until she lives as wife to the man she has married, she could not return as wife to the previous husband. The words of the woman that her second husband does not have but like the edge of the garment, mean that he is not capable to manage the sexual intercourse; two things are notable here that she put the matter with best of words to ask about her problem keeping to HIYA to the possible extent and the second is that the Prophet guided clearly that the second husband would have to manage it at least once or twice if she needs to get her divorce from him and marry the first husband.
TOPIC 27-About the Muhill and the Muhallil
(1122)-Sayyidina Jabir Ibn Abdullah (RA) and Sayyidina Ali (RA) reported that Allah’s Messenger (PBUH) cursed the Muhill and the Muhallil (the one who tries to make the unlawful as lawful for the first husband and the one who gets it done for himself respectively). [Abu Dawud 2026, Ibn e Majah 1935]
(1123)-Muhmud ibn Ghaylan also reported this Hadith. He reported from Abu-Ahmad, from Sufyan, from Abu Qays, from Huzayl ibn Shurahbil who reported from Sayyidina Abdullah ibn Mas’ud (RA) that the Prophet cursed one who makes lawful (a woman) for her first husband and one who gets it done. [Nasai 3413]
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When someone pronounces divorce for three times considering the matter taking time then there is no option left that he could keep her as his wife except for one. The option that is left is that she marries someone and after living as husband and wife, he divorces her by his own will due to some genuine reason then only she would consider the proposal that her first husband gives her again. The option of-course is somewhat unlikely to occur yet if the man and his divorced wife and another man agree setting an unethical drama that she marries that second man then that man divorces her so that she becomes liable to marry the husband who had divorced her at the first place, this highly immoral pracitice is against Islam and it means trying to deceive ALLAH, SUBHANAHU-WA-TA’ALA (i.e. who is Free of all wrongs and the Highest of all). In this sense, it is one of the biggest sins to commit and due to this the Prophet (PBUH) has cursed such people and such immoral practice.
TOPIC 28-About the marriage that is named Muta
(1124)-Sayyidina Ali ibn Abu Talib reported that the Prophet (PBUH) forbade Mutah (temporary marriage) of women, and the consuming of the flesh of domestic asses. This was during the Battle of Khaybar. [Bukhari 5115, Muslim 1406, Nasai 2262, Ibn e Majah 1961]
(1125)-Mahmud ibn Ghaylan reported from Sufyan ibn Uqbah (brother of Qabisah ibn Uqbah), from Sufyan Thawri, from Musa ibn Ubaydah, from Muhammad ibn Ka’b and he from lbn Abbas (RA) that he said, “Mutah was allowed in the beginning of Islam. If anyone travelled to a new place where he had no acquaintance then he took a wife there for as many days as he intended to stay there that she may take care of his property and serve him. This went on till this verse was revealed, --- Except in regard to their spouses or those whom their right hands possess (23:6). Thereafter, all sexual relationships beside these two became forbidden.
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MUTA was temporary marriage that was allowed when the Prophet (PBUH) started calling towards Islam and remained allowed till GHAZWA-KHAYBAR when the Prophet (PBUH) prohibited it; note that even when it was practiced at that time, its practice was limited. Now, as salvery also is out of lives; Al-Hamdu Lillah; only the lawful marriage remains the righteous way to give outlet to passions related to women. Note also that there are much notable differences between MUTA and NIKAH-MAWAQQAT (that is the marriage that the man makes for specific time). MUTA in general was such relationship with any woman by her consent that was taken-up without specifying any limit in time for it; the man ended it at any time and its announcement with clarity was not necessary; so it was nearer to adultery therefore the Prophet (PBUH) prohibited it ultimately at the occasion of the battle at KHYBER (that took place in the seventh year of HIJRAH); in contrast, the man that might marry as NIKAH-MAWAQQAT at the Islamic Environment needs to be most knowledgeable in Islam who would be capable to teach morals to the woman he marries as that woman necessarily would need some good instructions in good morals; please read the note about this issue at H-1570 where I have provided some necessary detail to it; and certainly Allah knows better.
TOPIC 29-About marriage Shighar being disallowed
(1126)-Sayyidina Imran ibn Husayn (RA) reported that the Prophet (PBUH) said that there is no Jalaba, no Janaba and no Shighar in Islam, and he who plunders is not one of us. [Ahmed 19876, Abu Dawud 2581, Nasai 3832]
(1127)-Sayyidina Ibn Umar (RA) reported that the Prophet (PBUH) forbade Shighar. [Ahmed 4526, Bukhari 5112, Muslim 1425, Abu Dawud 2074, Nasai 3334, Ibn e Majah 1883]
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SHIGHAR means that a person marries a woman who is the sister or the daughter of the man who marries his sister or his daughter in return and they both do not pay MEHR to their respective wives. Actually MEHR is the right of the woman that they are not liable to hold and they must pay it. Those were times of financial trial and SHIGHAAR also was one of customs of those days (though not practiced much) yet the Prophet (PBUH) prohibited it in clear terms. When both of them pay MEHR to their respective wives then by ADL their marriages are quite well yet not appreciable according to EHSAAN as there is some possibility that the break of one’s marriage might lead to the break of other’s marriage. JALABA means that a person in need is far away from the man who provides sustenance for him but he asks such pious provider of his needs to visit him at his place while JANABA means that the one who is providing for somebody’s needs goes far away from his usual place and then ask the needy to come there for his need; both these are unfair attitudes and the meaning of the Hadith at the topic is that they both must not trouble each other in any way but they both must care about each other. The Hadith also conveys the notion that it is plunder to trouble anyone weaker than one’s own person; it indicates that SHIGHAR, JALABA and JANABA all three are plunders in some way or other.
TOPIC 30-Aunt and niece cannot be married to the same man
(1128)-Sayyidina lbn Abbas (RA) reported that the Prophet (PBUH) forbade marriage of a woman to the husband of her (paternal or maternal) aunt. [Ahmed 353]
(1129)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger forbade that a woman should be married to the same man who had married her paternal aunt, or a paternal aunt to a man who had married her brother’s daughter; or a woman to the same man who had married her maternal aunt, or a maternal aunt to a man who had married her sister’s daughter. Neither must a younger sister be married to the man who is married to her elder sister nor an elder sister to one who is married to her younger sister. [Bukhari 5108, Abu Dawud 2065, Nasai 3293]
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TOPIC 31-About placing condition at time of marriage
(1130)-Sayyidina Uqbah ibn Aamir Juhanni reported that Allah’s Messenger (PBUH) said, “The most rightful conditions to to fulfill are those by which you make sexual intercourse lawful.” [Ahmed 17304, Bukhari 2721, Muslim 1418, Abu Dawud 3139, Nasai 3274]
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Islam allows keeping four women in marriage at one time if the man is able to manage their rights well in all ways yet it does not allow marrying the aunt (paternal or maternal) of the wife except when by the will of Allah, she dies early. Also Islam does not allow to marry two sisters at one time; so the limitation that Islam puts here is that no more wives at one time than four, not marrying the aunt of the wife at her life, not marrying the sister in law in marriage in her life. As for placing conditions before marriage, those are allowed if they are not against the commands of Allah and if the man agrees to them by his own free will; however, he has no liability to fulfill any condition that fall against any command of Allah and he must not agree to any such condition at the time of marriage. Even when the condition is MUBAH and he has agreed to it at the marriage, his liability ends where that condition turns into something that asks for wrongs. An example of this is that if the girl puts the condition that the man asking her into marriage must not take her out of her homeland, he would fulfill this condition (being MUBAH) but if to live in that place asks the man to make compromises with wrongs then he must leave his commitment and ask his wife to leave to some other place with him where they both would fulfill the commands of Allah in the better way and with total ease; that bears no sin to him and Allah knows better.
TOPIC 32-About the man who becomes Muslim and has ten wives
(1131)-Sayyidina Ibn Umar (RA) reported that Ghaylan ibn Salamah Thaqafi embraced Islam. He had ten wives (whom he had married) in pre-Islamic days and they too embraced Islam with him. So, the Prophet (PBUH) commanded him to choose four of them. [Ahmed 4609, Ibn e Majah 1953]
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TOPIC 33-One who embraces Islam and has 2 sisters as wives
(1132)-Abu Wahb Jayshani reported that he heard lbn Firoz Daylami narrate on the authority of his father that he met the Prophet (PBUH) and said, “O Messenger of Allah, I have embraced Islam and have two wives who are sisters.” So, he said, “Choose whichever one you like.” [Ahmed 18062, Abu Dawud 2243, Ibn e Majah 1950]
(1133)-Dahhak ibn Firoz Daylami narrated on the authority of his father. He narrated that I said, “O Messenger of Allah, I have embraced Islam and have two wives who are sisters to each other.” He instructed me to choose whichever of the two I like.
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As Islam does not allow keeping more than four wives at one time so GHAYLAN was given the choice to keep any four of his wives; there also was the case of FIROZ who was asked to keep only one of the sisters he had married, any one of them; Islam does not allow the man to keep two such women that are sisters to each other as his wives at one time.
TOPIC 34-About one who buys a female slave who is pregnant
(1134)-Sayyidina Ruwayfi ibn Thabit narrated that the Prophet (PBUH) said, “He who believes in Allah and the Last Day must not water the child of another.” (It means he must not have sexual intercourse with a slave-woman who is pregnant from another man after buying her). [Abu Dawud 2158]
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TOPIC 35-About a female slave who has a husband
(1135)-Sayyidina Abu Sa’eed Khudri (RA) narrated that on the day of (the Battle) Awtas we got some women captives who had their husbands among their people. We mentioned that to Allah’s Messenger (PBUH). So, these words were revealed---And (also forbidden) are all married women except those whom your right hands possess (4:24). [Ahmed 11691, Muslim 1456, Abu Dawud 2155, Nasai 3330]
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At those times, the female captives of the war were distributed among the warriors like the male captives and being female they had to care for the sexual needs of their respective masters. Ahadith here point-out that if the slave-girl is pregnant from the husband she had when she was a free-person, she is not to be asked any nearness by her master until the child-birth; the slave-girl that had husband among captives did not remain married to him (though according to ABU-HANIFA, change of the place was also necessary for her marriage to end but other IMAMS do not agree to it) so when she was given by the commander into the slavery of some man, he was allowed to ask her to care for his sexual needs; the matter is obsolete now and insha-Allah, it would never occur ever again. Note that Islam did not inititate this practice nor did it appreciate it; on the contrary it gave commands for slaves (for both male and female) that led to their emancipation with time. Here detail is not possible yet please note in brief that Islam asked to treat slaves with respect, asked to release them from slavery in compensation of few commands of Allah that their masters could not fulfill, asked not to give any of female slaves to men for sexual reasons except by marriage (though their sale was allowed yet not appreciated), asked to release female slaves if they become mothers to their children, asked not to stop them from becoming MUKATAB i.e. those male and female slaves who asked release by paying-out some amount for their freedom and in addition to these, Islam asked in many other ways too to free slaves; with that, it also asked not to make people slaves to the extent possible at those times and this was the best that could have been done when the custom of slavery prevailed at those times when women outnumbered men highly; note that the men fell at battle-grounds in those days in scores while the number of battles was high too. Please note well that slavery was and is totally alien to Islamic teachings; it was put onto it to deal with at the time Prophet Muhammad (PBUH), the last Messenger of Allah, started the teaching of Islam; he certainly dealt with this issue of slavery most beautifully at that given time and place that set the good pace for its total elimination; Al-Hamdu Lillah.
TOPIC 36-About disapproval of dower against fornication
(1136)-Sayyidina Abu-Masud Ansari (RA) reported that Allah’s Messenger (PBUH) forbade (taking) the price of dogs, remuneration of an adultress and sweets of the soothsayers. [Ah 17069, Bukhari 2237, M 1567, AD 3428, N 3680, Tirmidhi 1276]
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As Islam does not allow keeping dogs as pets, the deal in dogs in not allowed for that reason though when their purchase and sale is to protect the cattle or the crop-field (or even if they are employed for hunting), their trade is allowed. Making the slave-woman commit the grave sin of adultery to get money was extreme wrong that some persons with low scruples of those times used to do and so the use of such money was also filthy as the Hadith at the topic tells us. The third thing is that if someone pays some amount to such person who claims to tell the future, the payment and the acceptance of such amount both is wrong. However, please note that I, MSD, have seen that Astrology is among the wonderful tools to understand the psychology of the man and it has nothing to do with foretelling of the future to which it commonly is assigned. In this current era, such misunderstanding shrouds the true face of Asrology that to offer a defense to it would certainly be futile; please note well that if someone takes-up Astrology to understand the character and not the future of some person (and does not charge any money if he tells something about his traits to him by Astrology nor does the man he serves, offer anything for this service to him), that is not questionable. But such persons must keep away from its study who are unable to resist the study of future from it (getting into the unplaced hope that leads to wishful thinking or getting into the unplaced fear that leads to unnecessary avoidance of useful things); I, MSD, pray that may Allah guide all of us towards the Truth and then keep all of us to it with total fervor without any illusions whatsoever; Al-Hamdu Lillah.
TOPIC 37-It is prohibited to propose to one already proposed
(1137)-Sayyidina Abu Hurayrah reported that Allah’s Messenger said, ‘Let no man offer a price against his brother and let him not propose marriage to whom his brother has already done.” [Bukhari 2140, M 1413, AD 3438, N 3236, Ibn e Majah 1867]
(1138)-Mahmud ibn Ghaylan reported from Abu Dawood who reported from Shu’bah and he reported from Abu Bakr ibn Abu Jahm (RA) who narrated that I and Abu Salamah ibn Abdur Rahman (RA) visited Sayyidah Fatimah bint Qays (RA). She said to them that her husband had divorced her three times (irrevocably) without making arrangement for her lodging and provision though he had deposited for her with his cousin ten qafiz grain, of which five were barley and five were wheat. She said, “I went to Allah’s Messenger (PBUH) and mentioned that to him.” He said, “He has done right (to at-least provide for you while you are in Iddah),” and he commanded her to spend her waiting period at the home of Sayyidah Umm Shairk (RA). But, soon said to her, “The house of Umm Sharik is a house where the Muhajirs gather, so pass your Iddah (waiting period) at the home of Ibn Umm Maktum where if you have to undress, no one will see you. Then, when you have spent your Iddah and anyone asks you to marry him, come to me.” When she had spent her iddah, she received proposal from Abu-Jahm and Mu’aviah. She went to Allah’s Messenger (PBUH) and mentioned that to him. He said, “As for Mu’aviah, he is a man with no property of his own. And as for Abu Jahm, he is a man severe on women”. Then, Sayyidina Usamah ibn Zayd (RA) proposed marriage to her, and he married her. And, Allah blessed her by (the marriage with) Usamah. (Another version of this Hadith tells that the Prophet PBUH told her to marry Usamah).
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It is not allowed to intervene in a transaction that already is in good progress among two persons until the outcome of that transaction clearly comes in view; if the deal is not finalized then only some other person might take-up the bargain for it. As marriage has also the aspect of an agreement between a man and a woman, it is not allowed to propose a girl knowing that the matter for her is in good progress with someone else. However, if the girl does not favor that proposal then after her rejection to it, another man is allowed to ask her WALI for her marriage to him (or if she is widow or divorced then by the means of someone who knows them both). As for the case of FATIMA bint QAYS (RA), her husband had gone away with the army to Yemen and finding no option to care about her, he divorced her three times so that there remains no chance for her return to him and there remains no claim for her onto him. Spending on the wife for her sustenance and for her residence are required from the husband for his divorced wife if he has left the option to reverse his decision and keep her as his wife (that is if he has pronounced or written divorce to her one or two times by the tongue or the pen respectively); however, if he pronounces the divorce to her for three times then he would not provide her the sustenance and the residence. This might seem severe to women but the difference of ADL and EHSAAN count a lot here; it is virtuous for the man who has divorced his wife irrevocably that he cares for her physical and financial needs as much as possible giving her all the money she might need that could sustain her even for few years ahead but that ruling stands on the basis of EHSAAN; by ADL he is not bound to it (though ABU-HANIFA does ask to provide both her sustenance and residence upto her IDDAH that is the waiting period for the woman at the end of her marriage). The sad thing about this issue is that everyone has the good ability to talk about ADL here but nobody mentions EHSAAN. Please note that affection for the wife is also one of the aspects of marriage and that is the most important aspect of it; note that Islam asks the man to love his wives when they become wives to him and it does not show any appreciation to the affection that the man might feel towards some unrelated woman before the marriage; Islam certainly appreciates the reserved attitude of the Muslim women that highly aids the Muslim men to develop the control of their passions well; Al-Hamdu Lillah. As for the terms and contents that occur at the H-1138, please note that QAFIZ means the unit for the quantity of grains; IDDAH means the waiting period of women after divorce (three months counted by the period of menses) or after the death of her husband (four months and ten days considering the day of his death the day-1) but if she is pregnant then the child-birth terminates her IDDAH in both cases (whether later than the prescribed time or much earlier); IBN UMM-MAKTUM was blind yet one of the highly virtuous men in Madinah (and his appreciation is denoted at the Holy Book Quran in few of the first verses at Surah ABAS, the eightieth Surah); USAMAH (RA) was the son of ZAYD ibn HARITHA (RA; whom the Prophet PBUH took as his son); ZAYD is the only companion of the Prophet (PBUH) who is mentioned by his name in the Holy Book Quran at Surah AHZAAB.
TOPIC 38-Concerning Azl (coitus-interruptus)
(1139)-Sayyidina Jabir (RA) reported that they said, “O Messenger of Allah (PBUH), we practice Azl, but the Jews imagine that to be a minor killing.” He said, “The Jews lie. Indeed, if Allah intends to create someone, nothing prevents that.” [Ahmed 11288]
(1140)-Sayyidina Jabir (RA) said, “During the period the Quran was revealed, we used to practice Azl.” (He meant that the Holy Book Quran did not forbid it and the Prophet PBUH also did not forbid them to do so). [Ahmed 14322, Bukhari 5208, Muslim 1440, Ibn e Majah 1927]
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TOPIC 39-Dislike of Azl
(1141)-Sayyidina Abu Sa’eed (RA) reported that azl (coitus interruptus) was mentioned before Allah’s Messenger (PBUH). He said, “Why does one of you do it? There is no creation but that Allah is its Creator (so which He wants to be created will come into existence).” [Bukhari 7409, Muslim 1438, Abu Dawud 1141]
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AZL (though allowed at times) is not appreciated in general by the Islamic Teachings. Note that Islam does tolerate the use of means to stop pregnancy that relate to the man except for the permanent closure of vein to avoid pregnancy (but only upon the genuine necessity) yet for women, it does not allow any such means; the only exception to this ruling that occurs at practice is where it is most probable that she would die at the child-birth; this exception has its basis at the statement of the FIQH that tells that some of forbidden things might become MUBAH in practice for the time being when there occurs the utmost danger to life (this situation is named as IZHTIRAR though the mentioned statement is not applicable at all such situations). Islam appreciates the traditional roles of the man and the woman being the bread-winner and being liable to the bearing & the rearing of the children respectively. That is why it is not appreciable in Islam for women to take-up any method for the prevention of pregnancy as a rule; even at such times of IZHTIRAR, there are things that are still prohibited to take-up (like eating from the dead body of a person at extreme hunger; at such situation the Muslim person needs to accept death whole-heartedly; these things include those things that violate the sanctity of human-beings especially of women so IZHTIRAR does allow the use of filth on extreme necessity upto necessity yet violation of the sanctity of human-beings is not allowed even at such time). Please note that the Muslim women must remain most cautious in taking the modern medical methods of cure as they are becoming most challenging to Islamic teachings in these current times. Due to the attitude of indifference to the Islamic Moral Values at hospitals, the Muslim women need to understand that they are not allowed even to take-up medical aid in many other matters too besides the preventive measures for pregnancy; this ruling comes about due to SADDE-ZARAE’ (stopping of means to wrongs) especially because of the presence of high male medical staff among doctors and paramedical personnel at hospitals caring but little about the demands of HEJAB by Islam; the problem enhances due to the fact that there is no one to put a strict check at the violation of HEJAB then and there; it certainly is futile to advise the medical personnel at this moment of time yet I, MSD, have provided the Islamic Teachings to guide the Muslim women in their practice; I pray for the Muslim women that may Allah give them the patience to endure afflictions in such manner that they keep to Islamic Moral Values at all places and at all times by the blessing of Allah; Al-Hamdu Lillah.
TOPIC 40-Division of night between a widow and a virgin
(1142)-Sayyidina Anas ibn Malik (RA) said, “If you will I can tell you that Allah’s Messenger (PBUH) said this but (in accordance to caution) I say that it is Sunnah that when a married man marries a virgin he should live with her seven days and when he marries a widow then he should live with her three days.” [Ahmed 12970, Bukhari 5213, Muslim 1461, Abu Dawud 2124, Ibn e Majah 779]
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TOPIC 41-On being fair to all wives
(1143)-Sayyidah Ayshah (RA) narrated that the Prophet (PBUH) used to divide his time equally among his wives. He would pray, “O Allah! This is my division in what I possess. So, do not blame me concerning that which you possess but I do not.” [Ahmed 25165, Abu Dawud 2134, Nasai 3953, Ibn e Majah 1971]
(1144)-Sayyidina Abu Hurayrah (RA) reported that the Prophet (PBUH) said, “If a man has two wives and he does not treat them equally then he will come on the Day of Resurrection with one of his sides decayed (or sagging).” [Ahmed 25165, Abu Dawud 2133, Ibn e Majah 1969]
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When the married man marries another woman that is virgin, he is allowed to give her ample time for a week but after that he would have to distribute the time equally between all his wives that he has including the newly-wed; it is extremely necessary for the man who marries more than one woman to manage all physical matters in balance as much as possible among all of them as is totally clear by the last of Hadith at the topic. He is not answerable for the matters that relate to the inclination of heart as he might love one of his wives more than others; the Prophet (PBUH) addressed this inclination of heart when he prayed to Allah not to blame him concerning that which He possesses (H-1143); he loved Sayyidah Ayesha (RA) more than his other wives. Note here that the man who has resources (and capability), should marry more than one woman as that insha-Allah would diminish many of social problems of the Muslim women as of now. Note also that when a married man marries a woman that is widow or divorced then he should provide three days & nights to her and then he would have to come to routine with equal division of his time between all his wives.
TOPIC 42-About one of the idolator spouses becoming Muslim
(1145)-lbn Shu’ayb reported from his father from his grandfather that Allah’s Messenger (PBUH) returned his daughter, Sayyidah Zaynab (RA), to Sayyidina Abu Aas ibn Rabi (RA) against a fresh dower and a fresh marriage. [Ahmed 6956, Ibn e Majah 2010]
(1146)-Ibn Abbas narrated that the Prophet returned his daughter Zaynab to Abul-Aas ibn Rabi’ after six years against the first marriage and did not renew the marriage.
(1147)-Sayyidina lbn Abbas narrated that in the times of the Prophet a man became a Muslim. After that his wife also came as a Muslim. So he said, “O Messenger of Allah, she has become a Muslim too with me.” Hence, he returned her to him. [Abu Dawud 2238]
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When one of the married couple from the non-Muslims converts to Islam in the land where Muslims are in high majority, the marriage between the couple ends though if the woman has come to Islam and the husband comes to it inside the period of her IDDAH, their marriage would stay intact. If however he converts after the time and the woman that was his wife has not married some other man yet, he has the preference to marry her again if he and she will for that but the marriage would take place again with its formalities of MEHR and VALIMAH. Similarly, if the man converts to Islam and his wife comes after some of time to it, he deserves more to keep her as his wife than anyone else by marrying her again even if he has married some Muslim girl after converting to Islam. Here the practice is on the Hadith narrated by the grandfather of IBN-SHUAYB and not on the one narrated by IBN-ABBAS though both are well-narrated; it is said that the former is near to actuality and IBN-ABBAS had misunderstood some detail in this matter.
TOPIC 43-One who dies after marriage but before fixing dower
(1148)-Sayyidina lbn Mas’ud (RA) was asked about a man who married a woman but before he could determine her dower and have sexual intercourse with her he died. So, lbn Masud (RA) said, ‘Her dower is like that of women of her match, neither less nor more. And she will observe the iddah and have inheritance’. Thereupon Ma’qil ibn Sinan Ashja’i (RA) got up and said, “Allah’s Messenger (PBUH) decided the case of Beriwa’a bint Washiq a woman among us like what you have decided.” So, Ibn Mas’ud (RA) was happy with it. [Abu Dawud 2114, Nasai 3521, Ibn e Majah 1891]
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As a rare case, it might happen that a man marries a woman when he has not yet specified her MEHR. Now after the marriage but before the sexual intercourse with her, he dies by the will of Allah so in such case, the woman would not only become liable to MEHR that would be the average-MEHR that is usually given to ladies that come into that family by marriage (this is named as MEHR-MITHL) but she would also get her specified share in the property that the deceased man has left as his lawful wife; she also would have to take-up her IDDAH accordingly.
12-BOOK OF SUCKLING (19 topics)
TOPIC 1-Forbidden by suckling what is by genealogy
(1149)-Sayyidina Ali reported that Allah’s Messenger prohibited by reason of fosterage what he prohibited by reason of genealogy.
(1150)-Sayyidah Ayshah (RA) reported that Allah’s Messenger said, “Indeed, Allah had forbidden by reason of fosterage what he has forbidden by reason of parentage.” [Ahmed 25508, Nasai 5099, Muslim 1444, Nasai 3300]
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When a woman other than his mother has suckled a child, that woman becomes like the mother to him; he is disallowed to marry that woman’s mother, sisters, daughters (that become his sisters), paternal aunts, maternal aunts, paternal nieces and maternal nieces (coming to the total of seven categories); it is necessary for the child to respect the woman as her mother. Note that if the child is a girl who is suckled, no man of the intimate family of the woman who has suckled her is allowed to marry the girl when she comes to maturity; this is compatible to seven relations mentioned before and just for an instance, note that any of her sons is totally prohibited to marry the girl as they all become brothers to her.
TOPIC 2-About foster relatives (by suckling of the child)
(1151)-Sayyidah Ayshah (RA) said that her paternal uncle through fosterage sought permission to meet her. She declined to allow him (admittance to her home) till she had asked Allah’s Messenger (PBUH). So, Allah’s Messenger (PBUH) said, “He can come to you, for he is your paternal uncle.” She submitted, “It was a woman who had suckled me.” He said (again). “He is your paternal uncle and may visit you.” [Ahmed 25677, Bukhari 2644, Muslim 1445, Nasai 3298]
(1152)-It is reported that Sayyidina Ibn Abbas was asked about a man who had two female slaves. One of them suckled a female child and the other a male child. “Is it lawful for the boy to marry the girl?” He said, “No. The semen is the same (to both the female slaves).”
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TOPIC 3-A couple of suckles do not establish fosterage relationship
(1153)-Sayyidah Ayshah (RA) said on the authority of the Prophet (PBUH) that one or two sucks do not establish forbidden relationship (of fosterage). [Ahmed 3307, Muslim 1450, Abu Dawud 2063, Nasai 3310, Ibn e Majah 1642]
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Such relations that take place due to suckling become MEHRAM (relatives that the person is disallowed to marry) and it is allowed for the MEHRAM man to visit his woman relative; note that Islam does not appreciate for the man to make any visit to a woman that is not his MEHRAM and if there is some necessity for a man to visit some NA-MEHRAM woman, she must have some MEHRAM relatives with her at the time. The message at H-1152 is clear and the reason is also provided there clearly by Sayyidina IBN-ABBAS, who also was one of the masters in the interpretation of the Holy Book Quran. It is a moot point between the IMAMS how much of suckling makes the woman become the mother of the child and AHMED takes three as the amount for it as one or two sucks of the milk have been said in the Hadith at the topic as not enough for the establishment of the relationship of suckling. SHAFA’I takes five times as necessary and ABU-HANIFA does not take this Hadith in practice considering it to be superceded by some other Hadith; the practice of few SAHABA point out that they took only one suckle enough for the establishment of this relationship of suckling so his stance also has weight and Allah knows better.
TOPIC 4-Testimony of one woman about suckling of a person
(1154)-Abdullah ibn Abu Mulaykah said that Ubayd ibn Abu-Maryam narrated to him from Uqbah ibn Harith. Abdullah said that he had heard this (directly) from Uqbah too but he rememberred the Hadith from Ubayd better that he, Uqbah ibn Harith (RA), said that he married a woman. Then a black woman came and said, “Surely I have suckled both of you.” So, I came to the Prophet (PBUH) and said, “I married so-and-so daughter of so-and-so then a black woman came to us and said ‘I have suckled both of you’ but she is a liar.” He (the Prophet PBUH) turned away his face from me and I came to him towards his face and said, “She is a liar.” He said, “And how is that while she maintains that she has suckled both of you. Send her away from you (meaning separate from your wife).” [Bukhari 88, Abu Dawud 3603, Nasai 3330]
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TOPIC 5-Suckling is established for an infant up-to 2 years
(1155)-Sayyidah Umm Salamah (RA) reported that Allah’s Messenger said that suckling does not make (marriage) unlawful unless it (the milk) enters the (child’s) belly from the breasts and it is before weaning.
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H-1154 tells that even on the vague statement of the black woman, the Prophet (PBUH) asked the man to leave the wife; ULAMA have pointed out that the reason actually was the mental agony that this statement might have caused at the coming time if the man had kept the relation intact for it was unknown for certain that the black woman was right or wrong. The Prophet (PBUH) had asked the end of the relation only on the basis of EHSAAN as IMAMS have clarified that two of the adult, sane, Muslim men must witness to such statement (HANAFI-School) or four women other than the one claiming the suckling must witness to it (MALIKI-School). The man could have kept the woman as his wife yet as noted it might have caused unnecessary mental agony ahead so the better decision was to leave her then at the beginning of the bond though if they had lived long as man and wife then it would have been better to ask for ADL in such claims. The notable point here in H-1155 is that the relations that become MEHRAM are due to that suckling which takes place before the child comes to the age of two years (that is taken-up by all schools of FIQH though ABU-HANIFA prefers two and a half years). It is said in the Holy Book Quran, “The mothers shall give suck to their children for two whole years, (that is) for those (parents) who desire to complete the term of suckling, but the father of the child shall bear the cost of the mother's food and clothing on reasonable basis. No person shall have burden laid on him greater than he might bear. No mother shall be treated unfairly on account of her child and no father on account of his child. And on the (father's) heir is incumbent the like of that (which was incumbent on the father). If they both decide on weaning, by mutual consent, and after due consultation, there is no sin on them. And if you decide on a foster suckling-mother for your children, there is no sin on you, provided you pay (the foster mother) what you agreed (to give her) on reasonable basis. And fear Allah and know that Allah is All-Seer of what you do” (2:223).
TOPIC 6-About the right of the veteran nurse
(1156)-Hajjaj ibn Hajjaj Aslami reported that his father asked the Prophet (PBUH), “O Messenger of Allah, what discharges from me the right of the vet-nurse (he meant the mother who had suckled him when he was a child)?” He said, “An excellent slave or a female slave.” [Ahmed 15733, Abu Dawud 206, Nasai 3326]
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The guidance of the Prophet (PBUH) here tells the man that the woman who had suckled you at infancy and took care for you, now when she is in need at the old age that she must be cared for, you must give her someone if possible for you who might serve her well and that is the way you could compensate the service she provided you at your need. Respectable TIRMIDHI has recorded another Hadith too in comments to this by ABU-TUFAIL (RA) that he was with the Prophet (PBUH) when a woman came to the Prophet (PBUH) and the Prophet stood and spread his covering sheet for her to sit. ABU-TUFAIL said that when she departed then he heard the people say that this was the woman who had suckled the Prophet (PBUH).
TOPIC 7-About setting free a female slave who is married
(1157)-Sayyidah Ayshah (RA) reported that the husband of Sayyidah Barirah (RA) was a slave. So, the Prophet (PBUH) gave her a choice and she chose to be independent. Were he a free man, he would not have given her the choice. His name was Mughith. [Muslim 1504, Abu Dawud 2233, Nasai 3448, Ibn e Majah 2521]
(1158)-Hanad reported from Abu Mu’aviah, from A’mash, from Ibrahim, from Aswad that Sayyidah Ayshah (RA) said that the husband of Sayyidah Barirah (RA) was a free man and the Prophet (PBUH) gave her choice. [Bukhari 6754, AD 2235, N 3446]
(1159)-Sayyidina Ibn Abbas narrated that the husband of Barirah was a black slave of Banu-Mughirah on the day Barirah was set free. By Allah, I can picture him while he moves about the streets of Madinah and its surroundings, his tears flowing down on his beard, hoping to please her that she might choose him. But, she did not do so. His name was Mughith.
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The matter reported here has some interesting features. These are that BARIRAH (RA) was the slave-girl of Sayyidah AYESHA (RA) whom she had allowed freedom; her husband MUGHITH (RA) was a slave to some other people at the time BARIRAH was set free according to the narration at 1159; he was set free afterwards as the narration at 1158 tells clearly; he was deeply in love with his wife who was set free. Keeping all this in view the matter that comes at fore is that BARIRAH was set free while she was married to the slave named MUGHITH who was a black man who loved her deeply. As a slave was considered unworthy to become husband to a free woman then, she was given the option if she would remain in her marriage or not; if he had been a free man, she would not have got the option to accept or reject him as it was valid only when the husband happened to be a slave. She took the option to leave him according to the custom of the day and that grieved him highly. In ABU-DAWUD, we have that she was asked by the Prophet (PBUH) to revise her decision and accept him; she enquired if that was the Prophet’s command or his recommendation. The Prophet (PBUH) told her that it was his recommendation only so she did not revise her decision and left MUGHITH. Then MUGHITH also was freed yet the damage was done to him as BARIRAH had already rejected him; the choice was limited to the initial time when she was granted her freedom. It was the rough dealing of this matter by the master of MUGHITH as with smooth dealing, both BARIRAH and MUGHITH would have received freedom together; she was not at fault for the decision she took as she had option but little by the prevailing customs at that time. She was the person who stood by Sayyidah AYESHA (RA) when Sayyidah was blamed wrongly with very shameful act (and it is strange that there always are some unscrupulous people present in the environment who do blurt-out much wrongs about pious women as even MARIUM, Salam on her, was not spared); Surah NOOR, the twenty-fourth Surah, defends Sayyidah as it casts-away all evil things that were said against her at the time; Al-Hamdu Lillah.
TOPIC 8-The child belongs to the bed
(1160)-Sayyidina Abu Hurayrah reported that Allah’s Messenger said, “The child belongs to the (owner of the) bed while for the fornicator are stones, meaning Rajm.” [Ahmed 7266, Bukhari 6818, Muslim 1458, Nasai 3480, Ibn e Majah 2006]
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When a married woman gives birth to a child, it is the de-jure recognition that the child is of her husband. If someone else claims to be its father, he would only get the punishment of the wrong he is making the confession for and he would not get the child; the married woman is not held responsible in this case unless she confesses to adultery. Note also that if the husband of some woman is sure that his wife is unfaithful to him but he does not have witnesses to his point, he has only the option of LI’AN putting the blame on his wife and then announcing divorce to her, the detail of which is given in Surah NOOR.
TOPIC 9-About one who looks at a woman and she pleases him
(1161)-Sayyidina Jabir (RA) narrated that the Prophet saw a woman so he went to (his wife) Sayyidah Zaynab (RA) and fulfilled his desire. When he came out, he said, “Surely a woman when she comes across, she comes in the shape of a devil. So, if one of you sees a woman and she pleases him, let him come to his wife, as indeed she has with her that, which is with the other.” [Ahmed 14544, Muslim 1403, Abu Dawud 2151]
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TOPIC 10-About a husband’s rights
(1162)-Sayyidina Abu Hurayrah (RA) reported that the Prophet (PBUH) said that if I were to command anyone to prostrate to anyone, I would have commanded woman to prostrate to her husband.
(1163)-Sayyidina Talq ibn Ali (RA) reported that Allah’s Messenger (PBUH) said when a man calls his wife to satisfy his urge then she must go to him even if she is at the stove.
(1164)-Sayyidah Umm Salamah (RA) reported that Allah’s Messenger (PBUH) said that the woman who spends the night while her husband is pleased with her will enter Paradise. [Ibn e Majah 1854]
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TOPIC 11-About a wife’s rights
(1165)-Sayyidina Abu Hurayrah reported that Allah’s Messenger said, “The perfect of Believers faith-wise are the best of them in conduct. And the best of you are the best of you with their women.” [Abu Dawud 4682]
(1166)-Sulayman ibn Amr ibn al-Ahwas reported that his father narrated to him that he observed the Farewell Pilgrimage with the Messenger of Allah (PBUH). He praised Allah and glorified Him and delivered a sermon and mentioned Allah. The narrator while recounting the Hadith related an account. He said, “Beware, I command to you to be good with the women as they are only (like) prisoners with you. You own nothing else over them besides that if they commit indecency openly you may separate them from (your) beds and beat them, a simple beating. So, if they submit to you then do not look out for ways to hurt them. Beware, you have rights over your wives and your wives have rights over you. As for your rights over your wives, they should not allow on your beds those whom you detest, and allow not in your homes those whom you detest. Beware, of their rights over you, do good to them in matters of their dress and their food.” [Ibn e Majah 1851]
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It is the asking of HIYA towards Muslim women that they do not come out of their homes without necessity and when they do come out because of necessity then they do not opt for their adornment as might attract men (see the narration-1170 coming ahead). That woman who attracts men by her adornment is the agent to the devil, knowingly or unknowingly, as that makes even the righteous men deviate from the righteousness. If some women do incline to such shameful manners then the men would opt for such ways that might keep the decent society upon its decent accepted norms. One of the ways for this is to ask more of sexual gratification from the wife at such occasions; this would cause him to remain to appreciable norms of the Islamic Society due to his own decent character (that has the care about the Islamic Morality). Ahadith about rights of the husband tell explicitly that the woman is under command of the man at the world. She would see to all that might please her husband keeping to his obedience where his command is not against the command of Allah though she certainly would advise him on all issues of life. Note well that the command of the man upon the woman is of an administrative value due to the examination that they both face here at the world. In other words, in the matters of AKHIRAT (the coming true life), they are equals and whoever has the better Belief upon Islam and better deeds according to it, he or she would indeed be the better one there. Even the strong and the weak physiques of both the man and the woman respectively clarify the point while the spirit gets better with nearness to the Truth only. Ahadith about rights of women clarify that actions do speak loudly how the man is; the decent person would always remain most decent to his wife caring about her in all ways possible; he would provide her moderate sustenance and guidance to the Truth without-fail as that is his liability towards her. When his wife does not let anyone from her MEHRAM enter her husband’s home if he does not like him and takes care about all amounts that have been given in her custody then the husband needs to value her presence with him. They both must have high trust in each other and must never break that trust; they both certainly must keep to commands of Allah.
TOPIC 12-It is prohibited to commit unnatural act with women
(1167)-Sayyidina Ali ibn Talq (RA) reported that a villager met Allah’s Messenger and said, “O Messenger of Allah, some of us happens to be in the desert where he might break wind and water is scarce there. (What must he do?)” So, Allah’s Messenger (PBUH) said, “When that happens to any of you, let him make ablution. And do not have intercourse with women through their anus. Indeed, Allah is not ashamed of the truth.” [Abu Dawud 205]
(1168)-Sayyidina Ibn Abbas (RA) reported that Allah’s Messenger (PBUH) said, “Allah will not look at a man who has intercourse with a man, or a woman through the anus.”
(1169)-Sayyidina Ali (ibn Talq) reported that Allah’s Messenger (PBUH) said, “If one of you breaks wind then he must perform ablution, and do not approach women through their anus.”
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TOPIC 13-About disapproval of women emerging with adornment
(1170)-Sayyidah Maymunah bint Sa’d (RA) the maid-servant of the Prophet (PBUH) said that Allah’s Messenger (PBUH) said, “The example of the woman who struts with swagger and with adornment before any other than her husband, is like darkness on the Day of Resurrection with no ray of light for her.”
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TOPIC 14-About modesty
(1171)-Sayyidina Abu Hurayrah reported that Allah’s Messenger (PBUH) said, “Allah has modesty and the Believer also has modesty. Allah’s modesty arises when the Believer perpetrates what is forbidden to him.” [Ahmed 9038, Bukhari 2143, Muslim 2761]
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It is one of the gravest sins for a man to have intercourse with some other man through anus and this was the wrong that destroyed the people of LOT (Salam on him) when stones fell on them crushing them to death (see the seventh Surah i.e. AARAF, verses 80 to 84); also a man must not have intercourse the un-natural way with his wife (though he might take-up different postures for the natural intercourse). The woman who attracts men by her fashionable make-up when she comes out of her home, would not get the light at the bridge that is on JAHANNUM (hell) and it is necessary to have some light there to cross it; each Muslim would have his or her light there yet hypocrites would not get any at that crucial time. The last Hadith at our study here tells that Allah abhors all acts of injustice (for which especially the Muslim men must remain higly watchful) and all acts of shameful nature (for which especially the Muslim women must remain highly watchful); these all are sins that lead the people to their punishments. The Holy Book Quran says, “Why should Allah punish you if you have thanked Him and have believed in Him. And Allah is Ever All-Appreciative (of good), All-Knowing” (4:147); Al-Hamdu Lillah.
TOPIC 15-About disapproval for a woman travelling alone
(1172)-Sayyidina Abu Saeed (RA) reported that Allah’s Messenger (PBUH) said that it is not lawful for a woman who believes in Allah and the Last Day that she travel (alone) on a journey of three days except that she is accompanied by her father, her brother, her husband, her son or any Mahram (besides them). [Ahmed 41515, Muslim 1340, Abu Dawud 17, Ibn e Majah 2898]
(1173)-Sayyidina Abu Hurayrah reported that Allah’s Messenger (PBUH) said, “A woman must not undertake a journey of a day and night without a Mahram accompanying her.” [Ahmed 7418, 9636, 81088, Muslim 1339, Abu Dawud 1723, Ibn e Majah 2899]
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TOPIC 16-Disapproved to stay alone with Na-Mehram women
(1174)-Sayyidina Uqbah ibn Aamir (RA) reported that Allah’s Messenger (PBUH) said, ‘Refrain from visiting women’. A man of the Ansar asked, “O Messenger of Allah, what do you say about Hamu?” He said, “Hamu are death.” [Ahmed 17352, Muslim 2172]
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MEHRAM for a woman are those men to whom her marriage is not allowed while NA-MEHRAM for her are those men to any of whom her marriage is allowed if she is or would have been un-married. Ahadith here tell us that she is not allowed to travel alone without MEHRAM for a day or for three days; the point to note is that at the disturbance of law & order somewhere, she is disallowed to travel alone there even for a day without MEHRAM or her husband while in the normal situation of law & order, she is allowed. However, if her travel is for more than a day then she would have to take the company of MEHRAM or her husband even at the normal situation; note also that the travel includes the days of stay too during it somewhere outside the destination. HAMU means the brother of the husband, elder or younger; the Muslim man must not remain alone with an unrelated woman (i.e. NA-MEHRAM); he must try his best to avoid such situation as much as possible even if it is for educational needs, medical needs or judicial needs.
TOPIC 17-No Caption
(1175)-Sayyidina Jabir reported that the Prophet (PBUH) said, “Do not visit women whose husbands are not at home, for the devil circulates in each of you as blood circulates. They asked, “And in you, too?” He said, “In me too, but Allah has helped me over him, so that I am safe.” [Ahmed 14329]
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TOPIC 18-No Caption
(1176)-Sayyidina Abdullah reported the Prophet (PBUH) as saying, “A woman must observe the veil because when she comes out, the devil seeks an opportunity to tempt her.”
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TOPIC 19-No Caption
(1177)-Sayyidina Mu’adh ibn Jabal (RA) reported that the Prophet said, “When a wife hurts her husband in this world, his wife in Paradise, from among the Hural-Ayn says “Do not hurt him. May Allah destroy you! He is only an alien with you and will soon separate from you to come to us.” [Ibn e Majah 2014, Ahmed 22162]
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Ahadith at these three topics here ask the woman to be highly watchful in matters that relate to HIYA and HEJAB; she might take such attitude unintentionally that causes the man to go astray from righteousness where he ignores the high Moral Values of Islam. The Muslim men also have to see that they do not remain physically alone in any way with un-related women and keep their gaze down while confronting women that have come outside of homes for some necessity; yet in matters relating to HIYA, women are much more liable to take care for their attitude by Islamic Teachings than men. Note that Islam commands the Muslim women to stay inside homes until some high necessity demands that they leave homes to see to it; then they would have to take HEJAB covering the whole body except eyes (at an environment affected with FITNAH) or covering the whole body except the face, both hands and both feet (at the Islamic Environment); their judgment would depend on attitudes of men at the environment they live in. So they are not allowed to show their adornment to men that might ask the attraction of men towards the beauty of their physique; that implies clearly that they must avoid all the make-up especially at the face in general to the extent possible for them and take simplicity in living; note that the Muslim woman is allowed to opt for the light make-up for her husband specifically.
13-BOOK OF DIVORCE AND CURSES (23 topics)
TOPIC 1-About Sunnah in divorce
(1178)-Yunus ibn Jabayr said that he asked Ibn Umar (RA) about a man who divorced his wife while she was menstruating. He asked him (about his own self), “Do you know Abdullah ibn Umar? He had divorced his wife while she was menstruating. So Umar (RA; his father) asked the Prophet PBUH (about it) and he commanded him to (revoke and) take her back. Umar asked him if (the pronouncement of) the divorce would be counted and the Prophet said, ‘What if he were helpless and mad’?” [Bukhari 5252, Muslim 1741, AD 2183, N 3399, Ibn e Majah 2022]
(1179)-Saalim reported from his father that he (the father) divorced his wife while she was menstruating. So (his father) Sayyidina Umar (RA) asked he Prophet (PBUH) about it. He said, “Command him to take her back, afterwards divorce her when she has purified, or is pregnant.”
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Islam highly disapproves of divorce; it is said that even when it is allowed at utmost necessity, it is the most loathsome among the allowed things by Islam; the word used in Arabic for divorce is THALAQ which means “to release some bond”. If there remains no option but to go for that after consideration of the matter for quite a while from every aspect, then the SUNNAH way is to pronounce the divorce once to the wife when the wife is in the state of physical purity and the man has not committed sexual intercourse with her in that purity. She would then pass her IDDAH of three months and the good thing about this bad matter of divorce is that he might reverse the decision during or even after the IDDAH without asking consent of his wife (she gave it when she married him) and keep her as his wife; one pronouncement of divorce ends for him and now there remains two only for the whole life as the man has the right of three pronouncements of divorce in total. If he wants to leave her it is not necessary that he does pronounce the other two divorces too to end-up the matter and the woman has the right to marry someone else after she has passed her IDDAH now being out of his bondage with only the one divorce that he had pronounced initially and he loses the two others for good. The divorce that is given irrevocably by pronouncing the words of divorce three times at once is BID’AH (that means any such practice that challenges the teachings of SUNNAH) though it would take place and also the divorce that is given at the period of menses to the wife is also BID’AH though that divorce is single in counting; it must be revoked as told in the H-1178 at the topic here. Our study in this matter must comprise of some necessary points of consideration as this matter of divorce, the most loathsome of allowed things, is unique by the Islamic Teachings. The first point to note is that the man has the right to divorce and the woman does not have that right; the second point to note is that according to Islamic teachings the expression of divorce in words by the man to his wife puts the divorce in effect and he has the right to pronounce the divorce three times so he might keep the marriage intact with his wife if he has pronounced the divorce upto two times; the third point to note is that the divorce that is pronounced once or twice is RAJA’I (revocable) and he might still keep his wife in his marriage but if the words to divorce are expressed three times that divorce becomes MUGHALLAZA (irrevocable) and they would no longer remain man and wife; the fourth point to note is that if the divorce is given by some vague words as for saying to the wife that ‘your matter has ended with me’ or words like that then the intention of the man values a lot so if he says he intended nothing but said those words to mean that he was not happy with his wife’s attitude towards him so it is nothing and if he says that he intended divorce by that then her wife would get one of divorces from him that is revocable; the fifth point to note is that if the husband says such words that render the choice of divorce to the wife saying words like ‘the matter of our marriage is in your hands so it would be as you decide’ then it would depend on her choice to remain with him or leave him by putting divorce on her own self and that would only be one even if she pronounces it many times upon her own self on behalf of her husband so her husband would lose one of divorces he has the right to and he could still keep her as his wife if he wills; the sixth point to note is that there is a very serious debate at present times on the issue if the man has used the words to divorce his wife in one sitting a number of times yet he clarifies that he intended only one divorce and the repetition was just to make the point clear so how should the matter be taken and the ULAMA of SUNNI Muslims take such divorce as MUGHALLAZA (with all the four IMAMS taking it as such) discarding the stance of the man totally while the Muslims that are AHLE-HADITH, and even those Muslims who are SHI’A, consider it as one divorce that is RAJA’I accepting the stance of the man totally so the man would still keep his wife into his marriage by this viewpoint (insha-Allah I, MSD, would take-up this moot point in the next of my notes here at the Hadith narrated by RUKANAH); the seventh point to note is that provisions for sustenance and shelter would be provided by the husband necessarily to his wife whom he has divorced in RAJA’I manner in her IDDAH and that is also necessary if the wife is in pregnancy, no matter whatever the manner of divorce has been taken-up in such situation, until she gives birth to the child; the eighth point to note is that if the man divorces his wife by MUGHALLAZA and she is not pregnant then according to ABU-HANIFA her sustenance and shelter has still to be provided by the husband as the case in the seventh point but SHAFA’I and MALIK take only the provision of shelter as necessary for her and not sustenance while according to AHMED nothing of the two is necessary here.
TOPIC 2-One who divorced his wife saying albattah (i.e. absolutely)
(1180)-Abdullah ibn Yazid ibn Rukanah reported on the authority of his father from his grandfather that he said that he went to the Prophet and said, “O Messenger of Allah! I have divorced my wife (the divorce) albattah.” He asked. “What did you intend by that?” He said, ‘One pronouncement.” He asked, “By Allah?” He answered, “(Yes), by Allah!” So, the Prophet (PBUH) said, “And that is as you had intended.” [Abu Dawud 2208, Ibn e Majah 2051]
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This Hadith that is known by the name of “the narration related to RUKANAH” among ULAMA falls against the stance that the repeated pronouncement of THALAQ (divorce) in one sitting is to be considered three (MUGHALLAZA). However, as the adverb ALBATTAH (absolutely) has some margin for the interpretation as one divorce or as three, ULAMA of AHLE-SUNNAH (SUNNI) have taken it to mean the former here in accordance with the intention of RUKANAH and so according to them this narration does not affect their stance of three pronouncements at one sitting as MUGHALLAZA. However the same word ALBATTAH is taken to mean three pronouncements at the narration by FATIMAH bint QAYS (see H-1183). Please note that in the narration at MUSLIM, that is at the second place in sequence in SIHAH-SITTAH after BUKHARI, the narration related to RUKANAH is presented on the authority of IBN-ABBAS (as also in ABU-DAWUD) in which it is clarified that the man had pronounced the divorce three times and told this plainly to the Prophet (PBUH) yet the Prophet took that for one divorce only as presumably that was said at one sitting and commanded him to take his wife back. There is another Hadith too narrated by IBN-ABBAS just after this narration about RUKANAH at MUSLIM where he was asked if he remembers that a divorce by three pronouncements was made a single one during the time of the Prophet (PBUH), and of ABU-BAKR (RA) and in the early days of the caliphate of UMAR (RA)? He replied, “Yes”. It is said that UMAR (RA) made this a law that whosoever pronounces the divorce three times even at one occasion that would be treated as three in effect and not as one as was done previously. There is another narration at MUSLIM and that interestingly too is by IBN-ABBAS where he decided against the man who had pronounced three divorces to his wife taking his divorces as three in effect too; this verdict might have occurred due to his adherence to the law UMAR had made about taking three pronouncements at one time as three in effect; also the man was clear on the point that he had pronounced three divorces without question. The best is the simple guidance that the intention of the man counts when he pronounces the words of divorce denoting that he is leaving his wife for good or it was just once that he intended; he must take an oath by the name of Allah and tell about his intention. At this issue, his word needs to remain as final as everyone knows his own self better than others and it is not allowed for Muslims to question morality of each other by taking someone as liar unless there are many valid reasons to it. However, the delicacy of the matter asks that ULAMA, especially of the SUNNI, consider the matter mutually seeing if any revision is possible in the decision UMAR (RA) took at the time of his caliphate in this matter; this revision might give some relief to those Muslim persons who ignorantly pronounce three divorces to their wives without any care to the consequences; note also that at that time, the divorced woman immediately married another man after her IDDAH as she did get proposals to her then, as men used to marry in general more than one woman yet today it has aroused much social problems to women; however, until the revision for the ruling does take place at this issue, the matter must better be decided in accordance with the ancient ruling so as not to cause commotion anywhere.
TOPIC 3-About saying your affairs are in your hands
(1181)-Ali ibn Nasr ibn Ali reported on the authority of Sulyman ibn Harb on the authority of Hammad ibn Zayd that he said to Ayyub, “Do you know of anyone besides Hasan who said that a man’s saying to his wife, ‘Your affairs are in your hands’ implied three pronouncements of divorce?” He said, “None, except Hasan.” Then he said, “O Allah, forgive! Only that Qatadah narrated to me from Kathir, the freed-man of Banu Samurah, from Abu Salamah, from Abu Hurayrah from the Prophet (PBUH) that he said about three divorces that they were effective.” So Ayyub said further, ‘I met Kathir, the freed-man of Banu Samurah and asked him but he did not know it, so I returned to Qatadah and informed him of it, and he said that he (Kathir) has forgotten.’ [AD 2204, N 3407]
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TOPIC 4-Concerning delegation of authority (to woman)
(1182)-Sayyidah Ayshah (RA) said, “Allah’s Messenger (PBUH) gave us option (to divorce or stay with him). So we chose (to stay with) him; is that then a divorce?” [Ahmed 25761, Bukhari 5263, Muslim 1477, Nasai 3200]
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The matter that is addressed at the narration-1181 tells about specific words that denote that the man has given the right to divorce to his wife and she might release the bond of marriage by pronouncing a divorce to herself. The narration here tells that the divorce that she pronounces upon her would be MUGHALLAZA but please note here that this narration is among the weakly-narrated ones and the stance of many SAHABA (UMAR and ABDULLAH included and ABU-HANIFA is in their following) is to take it as one of divorces only. The other Hadith narrated by Sayyidah AYESHA (RA) was actually narrated to refute such people who were spreading such rumors that perhaps the Prophet (PBUH) had divorced his wives so it clarifies that the divorce does not fall just by giving the choice by the husband to the wife but the woman would pronounce divorce to her own self on behalf of her husband; until then, she certainly would remain as the lawful wife to him.
TOPIC 5-After 3 divorces, husband not liable for her sustenance
(1183)-Shabi reported that Sayyidah Fatimah bint Qays (RA) said that her husband divorced her with three pronouncements in the times of the Prophet (PBUH). Allah’s Messenger said, “No shelter and no provision for you.” Mughirah said that he mentioned this Hadith to Ibrahim who reported that Sayyidina Umar (RA) said, “We cannot give up the Book of Allah and the SUNNAH of our Prophet (PBUH) for the word of a woman of whom we do not know whether she remembers or has forgotten.” Hence, Sayyidina Umar used to place upon the husband responsibility for shelter and provision during the iddah of the divorced woman. In other version of this Hadith, Sha’bi narrated that he visited Fatimah bint Qays and asked her about the judgement of Allah’s Messenger (PBUH) in her case. She said, “My husband divorced me the divorce al-battah. So I wrangled with him for shelter and provision, but the Prophet did not get me these things.” In the Hadith of Dawud, she is also quoted as saying, “He commanded me to pass my Iddah at the house of Ibn Umm Maktum.” [Ahmed 27415, M 1480, AD 2288, N 3400, Ibn e Majah 2024]
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TOPIC 6-Divorce is ineffective before marriage
(1184)-Amr ibn Shu’ayb reported from his father, from his grandfather that Allah’s Messenger (PBUH) said, “The son of Aadam may make no vow about what he does not possess, and he need not set free what he does not possess, and he may not divorce what he does not possess. [Ah 7009, AD 2190, Ibn e Majah 2047]
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TOPIC 7-Only two pronouncements of divorce for slave-girl
(1185)-Sayyidah Ayshah (RA) reported that Allah’s Messenger (PBUH) said, “The divorce of a slave-woman is to pronounce it twice and her iddah is two (monthly) courses.”
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We have studied a version of this same Hadith that is narrated here at 1183, at H-1138 too; here, the ruling of UMAR is provided too in this respect that he used to place the responsibility of the sustenance of the woman and her shelter upon the man. The next Hadith here is clear that anything upon which the man has no right, his decision for that is void so his pronouncement for divorce to the woman that is not his wife presently is an act totally invalid. Note that slavery is an obsolete matter now yet when it was in practice, the slave-woman that was married to someone with her master’s consent (and then there remained no right to sexual intimacy for him with her), her divorce was the pronouncement of the divorce two times by her husband and not three; also her IDDAH was two months that was calculated by her menses due to the lesser status she had, being in slavery at those times.
TOPIC 8-About one who divorces his wife in his mind
(1186)-Sayyidina Abu Hurayrah reported that Allah’s Messenger said, “Allah disregards from my Ummah the thoughts that come to their minds as long as they do not speak them out or act thereon.” [Ah 9503, Bukhari 5269, M 127, AD 2209, N 3433, Ibn e Majah 2040]
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TOPIC 9-Divorce takes effect even if pronounced in jest
(1187)-Sayyidina Abu Hurayrah reported that Allah’s Messenger said, “Three things take place when done seriously, but they also take place when done in jest. They are marriage, divorce and taking back a wife (after revoking divorce).” [Abu Dawud 2194, Ibn e Majah 2039]
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Although divorce does not take place when the man “thinks” of giving it yet it does take place if said in words even in jest as divorce happens to take place by the statement of the man; such also is the matter of marriage and of reversing the decision about divorce when it is revocable. That is why the man needs to remain highly careful to control his anger even if there seems much to antagonize him and the point to note here is that the whole of his relationship with his wife stands on words spoken. Note that there is Hadith that the Prophet (PBUH) said, “Whoever gives me the guarantee of two pieces of flesh (that he would not commit any indecency by any of them), I would give him the guarantee of JANNAH; one that is between the teeth and the other that is between the legs.” The respect of each one of the married couple depends upon the other and he or she might easily hurt the feelings and the status of the spouse by words or by being unfaithful. The marriage needs elasticity for its success to the extent possible from both sides yet talking about the man, if he sacrifices some of his habits (that does not put any burden to him in the Islamic sense) then insha-Allah this would lead to the best outcome possible.
TOPIC 10-About Khul’a (dissolution of marriage at wife’s request)
(1188)-Sayydah Rubayyi bint Muawwiz ibn Afra (RA) reported that she sought dissolution of her marriage in the times of the Prophet (PBUH). So the Prophet commanded her to observe Iddah till she got her menses once. [Nasai 3495, Ibn e Majah 2058]
(1189)-Sayyidina Ibn Abbas (RA) narrated that in the times of the Prophet the wife of Thabit ibn Qays sought separation from him (her husband). So, the Prophet (PBUH) commanded her to observe Iddah (waiting period) till she got her menstruation. [Abu Dawud 2229, Nasai 3349]
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TOPIC 11-Concerning women who seek Khul’a (divorce)
(1190)-Sayyidina Thawban reported that the Prophet (PBUH) said, “Women who seek divorce are hypocrites.” [Ahmed 3369]
(1191)-This Hadith is reported by Muhammad ibn Bashhar from Abdul Wahab Thaqafi, from Ayyub, from Abu Qalabah and he from an unnamed man, who from Thawban and he from the Prophet that he said, “The woman who seeks divorce from her husband for no reason will not even smell the fragrance of Paradise.” [Ahmed 22442, Abu Dawud 2226, Ibn e Majah 2055]
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KHULA means literally “to dispose-off” and in the discussion about the marriage by the Islamic Teachings, it means the demand of the woman to her husband to end the relationship between them whilst she surrenders the amount of MEHR to him that she had received from him. According to MALIK and ABU-HANIFA, this demand of KHULA when accepted by the man (or put into effect by some official authority) would cause the divorce (that is revocable) to take place and so the woman would see to her IDDAH of three months. SHAFA’I considers it the cancellation of the marriage and so according to him, the woman would complete her IDDAH with one period of menses only that she gets after the cancellation according to the Hadith of RUBAYYI bint MUAWWIZ (RA). AHMED also takes KHULA as the cancellation of marriage yet the ruling of his school is that she still would complete her IDDAH for three months. The HANAFI-School clarifies about H-1188 that RUBAYYI had very strict husband and that is why she was told by the Prophet (PBUH) to spend only one month there at his home; she had to pass the other part of her IDDAH at her parent’s home and though this last part is not reported yet clear to common sense. The same is said about the wife of THABIT ibn QAYS (her name is reported as HABIBAH bint SAHL-RA) that her husband too was very strict so most probably like RUBAYYI, she also was asked to spend her IDDAH at her parent’s home except for the first month that she had to spend at the place of THABIT ibn QAYS. Ahadith disapprove the demand for KHULA unless it becomes an extreme necessity to her; if any woman demands it when there is no extreme necessity for it then such woman is most blameworthy who certainly would be punished at AKHIRAT.
TOPIC 12-About treating women well
(1192)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger said, “Indeed, woman is like a rib. If you try to straighten it, you will break it and if you leave her alone then you will enjoy her in spite of the crookedness.”
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TOPIC 13-When the father commands the son to divorce his wife
(1193)-Sayyidina Ibn Umar (RA) narrated I had a wife whom I loved very much, but my father did not like her. So, he commanded me to divorce her, but I refused. I mentioned this to the Prophet (PBUH) and he said, “Abdullah ibn Umar, divorce your wife.” [Ahmed 5144, Abu Dawud 5138, Ibn e Majah 2088]
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It is improper for the man to pressurize his wife to make her understand something even if the man is certain of its validity in the given situation; TABLIGH (to convey the teachings of Islam) asks to clarify some issue well and then leave the choice to accept it (or reject it) upon the person addressed; this rule applies even here. Note that the Hadith tells that the woman is like a rib (and not that she was created from the rib of ADAM-Salam on him); the point it makes is that as the rib has some twist in its shape so the woman sometimes takes-up some unexpected attitude in some matter; the man needs to tolerate it patiently while he keeps to the Islamic Teachings trying his best to lead the matter towards its better side. As for H-1193, please note that though it is not allowed for the man to divorce his wife because his mother has asked for it or because his father has commanded for it yet the matter narrated here is unique. ULAMA have clarified that the woman IBN-UMAR (RA) had married was to become threat ahead to his high Islamic mode of life as the two pieces of same nature do not become compatible; it is as if honey and sugar are taken together at some drink that is already sweet and this leads to too much of sweetness; this thing is difficult to detect early. His father UMAR (RA) saw that early while IBN-UMAR in his love for his wife had not detected it so he asked the Holy Prophet (PBUH) and he told him to accept the advice of his father in this matter. This was exceptional as the advice to divorce her had come from UMAR (RA) and the Prophet (PBUH) had authenticated it.
TOPIC 14-Woman must not ask that her co-wife should be divorced
(1194)-Sayyidina Abu Hurayrah said that he was aware of this Hadith. The Prophet (PBUH) said, “No woman should demand that her sister (co-wife) should be divorced that she fill-up from her vessel (that is, appropriate her share).” [Bukhari 2140, M 1413, AD 3438, N 3236, Ibn e Majah 1867]
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TOPIC 15-About an insane’s divorce
(1195)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, “Every divorce is permissible, except the divorce by an insane person (or a person who has loss his senses totally).”
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TOPIC 16-(No caption)
(1196)-Sayyidah Ayshah (RA) narrated that during the pre-Islamic days, a man would divorce his wife as many times as he chose and he would revoke the divorce during her Iddah-a hundred times or more than that. In fact, a man said to his wife, ‘By Allah! I will never divorce you so that you remain with me and I will never approach you’. She asked, ‘How is that?’ He said, ‘I will divorce you and every time your Iddah is to end, I will take you back’. The woman went till she met Sayyidah Ayshah and informed her (of her plight). Sayyidah Ayshah (RA) kept quiet and said nothing till the Prophet (PBUH) came home and she informed him. He did not say anything till the Qur’an was revealed, “Divorce is twice; then either a retention with honour or a release with kindness” (2:229). Sayyidah Ayshah (RA) said that thereafter the people kept count of the divorce those who had pronounced previously and those too who had not.
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H-1194 tells that when the man has more than one wife they must try to live with peace and no one of them must scheme such ways that might lead to the divorce of any other wife. The phrase “that she fill-up from her vessel” means that a woman must not commit to such conspiratory ways that she becomes liable to get the share of the husband’s time (and also his physical fluid) that the woman divorced used to have for her; it would lead only to her own degradation in his eyes. The divorce pronounced by an insane person does not take effect yet if someone is afflicted with such schizophrenia where he becomes well aware of the situation at times, his divorce given to his wife at sanity would take effect. Here, H-1196 presents the reason for the limit in divorce to three pronouncements; it tells us that there were such rough men who used to abuse their wives, neither keeping them with love nor leaving them with decency. They were abusing the status they enjoyed as men and so the Holy Book Quran curbed the divorce to the three pronouncements for the whole life. Also, it put the ban onto the man that he would not keep more than four women at one time in his marriage while previously, he was allowed to marry as many women as he intended according to the custom of the day. Islam actually put limitation on the marriage by restricting the number of wives to four only at one time; see also H-1131.
TOPIC 17-About the woman who delivers after husband’s death
(1197)-Sayyidina Abu-Sanabil ibn Ba’kak reported that Sayyidah Subay’ah (RA) delivered her child twenty-three or twenty-five days after her husband’s death. When she purified after post childbirth bleeding, she adorned herself seeking to remarry, but objections were raised against her. That was mentioned to the Prophet and he said, “If she does that then she has already waited her number of days (and she is justified in marrying again).” [Ahmed 18738, Nasai 2505, Ibn e Majah 2027]
(1198)-Sulayman ibn Yasar reported that Sayyidina Abu Hurayrah, Ibn Abbas and Abu Salamah ibn Abdur Rahman discussed about a pregnant woman whose husband had died and who delivers her child after his death. Ibn Abbas (RA) said, “The lengthier period will be her Iddah (meaning, her waiting period will end on the birth of her child or completing of Iddah whichever is last). Abu Salamah (RA) said, “No, she will become lawful when her child is born.” Abu Hurayrah (RA) said, “I agree with my brother, Abu Salamah.” Then, they sent (the question) to Sayyidah Umm Salamah (RA), the noble wife of the Prophet (PBUH). She said, “Subay’ah Aslamiyah had delivered a child a few days after her husband’s death. She enquired from Allah’s Messenger (PBUH) who commanded her to get married again.” [Bukhari 4909, Muslim 1485, Nasai 3509]
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TOPIC 18-Iddah of a widow
(1199)-Humayd ibn Nafi reported from Sayyidah Zaynab bint Abu Salamah. She spoke to him about these three Ahadith (mentioned at this topic by three of the wives of the Prophet PBUH). She said, I visited Umm-Habibah (RA), wife of the Prophet (PBUH), when her father Abu Sufyan ibn Harb died. She called for a perfume that was yellowish or another substance. She applied it to a girl and then on her own cheeks, saying, “By Allah, I had no need for this except that I had heard Allah’s Messenger (PBUH) say, ‘It is not lawful for a woman who believes in Allah and the last day to mourn a dead person more than three days except that she mourn her dead husband for four months and ten days’.” [Ahmed 26816, Bukhari 680, Muslim 1486]
(1200)-Sayyidah Zaynab said that I then visited Zaynab bint Jahsh (RA), wife of the Prophet (PBUH), when her brother died. She called for perfume and applied it, saying, “By Allah, I had no need for the perfume other than that I had heard Allah’s Messenger (PBUH) say, ‘It is not lawful for a woman who believes in Allah and the last day to mourn over the dead for more than three nights except over her husband for four months and ten days’.” [Bukhari 681, Muslim 1487]
(1201)-Sayyidah Zaynab said further that I heard my mother, Umm Salamah (RA), wife of the Prophet (PBUH), say that a woman came to Allah’s Messenger (PBUH) and said, “O Messenger of Allah! The husband of my daughter has died. Her eyes ache. May she apply collyrium?” He said twice or thrice, “No.” She asked and he would disallow every time till he said, “These are only four months and ten days while during pre-Islamic days one of you would throw camel dung at the end of a year” [Bukhari 2168, Muslim 1488]
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IDDAH for the woman on the death of her husband is four months and ten days counting the day of his death as the day-one. IDDAT (or IDDAH; with period, the last letter of a noun if it is a “T” is changed to “H” by the Arabic Grammar) is the waiting period after which the woman might re-marry if she proposes to someone who accepts it (note that the widow is allowed to do so herself) or gets proposal that she accepts. However, if she is pregnant at the time then her IDDAH would be up-to the time she gives birth to the child, whether more than the specified period or lesser than it. Ahadith also clarify that only the husband is such person upon whose death, the woman should mourn for four months and ten days (that is her IDDAH) and she must not grieve over any other person for more than three days. Everyone dies and so with the acceptance of this fact, she needs to go on living her normal life after her IDDAH is over. The last Hadith points out the practice of some of the women before the advent of Islam at Arabia when they had completed the period of IDDAH; the woman used to throw the dung of camels with force in front of her after wiping it on her body; it was an acceptable custom and the woman indicated by this gesture that all filth has gone away from her now as after that only, she took bath after the long time of her IDDAH while Islam does not prohibit her taking bath in IDDAH.
TOPIC 19-About one who makes Zihar with his wife
(1202)-Sayyidina Salamah ibn Sakhr al-Bayadi reported about anyone having sexual intercourse before making atonement for Zihar that the Prophet said, “There is one of expiations only.” [Ibn e Majah 2064]
(1203)-Sayyidina Ibn Abbas (RA) reported that a man came to the Prophet (PBUH) after he had made Zihar with his wife and indulged in sexual intercourse. He said, “O Messenger of Allah, I have made Zihar with my wife and followed it with sexual intercourse before making expiation.” He said, “And what compelled you to that, may Allah have mercy on you.” He said, “I glanced at her ankle in the moon light (and was overpowered).” He said, “Now, do not approach her till you have done what Allah has commanded you to do (i.e. make the expiation first).” [AD 2221, N 3457, Ibn e Majah 2065]
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TOPIC 20-The expiation against Zihar
(1204)-Sayyidina Abu Salamah (RA) and Muhammad ibn Abdur Rahman ibn Thawban narrated that a man of Banu Biyadah, Salman ibn Sakhr Ansari, compared his wife to the back of his mother till the month of Ramadan ended. Barely had half the month passed when he had sexual intercourse with her in the night. He came to the Prophet (PBUH) and mentioned those things to him. Allah’s Messenger said to him, “Free a slave.” He said, “I cannot do that.” He said, “Then fast for two successive months.” He said, “I am unable to do that.” He said, “Then feed sixty poor people.” He said, “I cannot.” So, Allah’s Messenger said to Farwah ibn Amr, “Give him that bag. It contains fifteen or sixteen Sa’ enough to feed sixty poor people.” [Ahmed 16421, Abu Dawud 2213, Ibn e Majah 2062]
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ZIHAR occurs when the man says to his wife that she is like his mother or like any close MEHRAM to him that is always MEHRAM to him all his life; ZIHAR occurs even if he speaks about some specific part of his wife (as her back) to be similar to his mother’s or any close MEHRAM’s; note that ZIHAR comes from the word ZAHR that means the back. If someone calls his wife as his mother or as his sister, it is not ZIHAR as he says an untrue statement only. After ZIHAR, the man is not allowed to go near to his wife for his sexual need until he makes the expiation for the adverse words he had said foolishly. In the times of Ignorance (i.e. before Islam took hold in Arabia), when a man had committed ZIHAR his wife got out of his marriage but Islam allowed her to remain as his wife once he had given the expiation (see the first four verses of Surah MUJADILAH, the fifty-eigth Surah) that is either to free a slave; either to fast for two consecutive months; either to feed sixty poor people (15 SA’ in total according to SHAFA’I, 30 SA’ in total according to MALIK and AHMED). Note that MUDD was the measuring unit of that time that according to ABU-HANIFA comes to nearly 800 grams of today; SA’ is the higher unit in the same sequence that comprises of four MUDD so that is around 3200 grams. The lesser unit is RATAL that is half of MUDD, two of them making MUDD in the sequence and eight of them making SA’. Note that ABU-HANIFA asks to feed sixty poor persons in such way that each one gets the average of FITR (the amount of SADAQAH given at EID that comes after RAMADHAN). If a man commits the sexual act to his wife after ZIHAR before expiation, he must ask mercy from Allah with total repentance but there is no more of expiation than what is for ZIHAR itself as is clarified in H-1202. The narration at 1204 tells that ZIHAR was even made for some limited period in that time as SALMAH ibn SAKHR made it for RAMADHAN only. Note that Islam disapproves of ZIHAR and it needs total avoidance as speaking-out such words that cause ZIHAR to occur is idiocy for certain.
TOPIC 21-Concerning Eela
(1205)-Sayyidah Ayshah (RA) said that Allah’s Messenger (PBUH) took an oath of continence from his wives and made them unlawful for him. Then he made the unlawful lawful and made an expiation for his oath.
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TOPIC 22-Concerning Li’an
(1206)-Sayyidina Saeed ibn Jubayr narrated that during the times when Mus’ab ibn Zubayr was amir, I was asked about the couple who resorted to LIAN, whether they should be separated. I did not know what I should say, so I got up and went to Abdullah ibn Umar (RA). When I sought permission at his house, I was told that he was having a nap. He heard my voice and called out. “Ibn Jubayr, enter. You cannot have come without a reason.” I went in and he was resting on a coarse sheet which is placed on camel saddle. I said, “O Abu Abdur Rahman! Are the husband and wife who resort to lian separated?” He said, “Subhan Allah (glory to Allah)! Yes. So-and-so son of so-and-so was the first to ask this question, saying, ‘O Messenger of Allah, if one of us were to see his wife committing indecency, what should he do? If he speaks then he speaks on a major affair and if he keeps quiet then he maintains silence on a major affair’. The Prophet kept quiet and did not answer him. The man came back after a while and said, ‘He who had asked you about it is confronted with that problem.’ So, Allah revealed the verse that is in Surah an-Nur; And those who accuse their wives and there are no witnesses for them except themselves, the testimony of one of them shall be swearing by Allah four times that he is of the truthful (24,6-9). The Prophet thereafter, summoned that man and recited those words to him sermonised, reminded and advised him that the punishment in this world was lighter than the punishment in the hereafter. The man said ‘By Him Who has sent you with the truth I have not accused, her falsely’. Then the Prophet reiterated to the woman, sermonising, reminding and informing her that the punisment of the world is softer than the punishment of the hereafter. She said, ‘No, by Him Who has sent you with the Truth, he has not spoken the truth.’ The Prophet then began with the man and he bore witness four (times) testimony by Allah that he was of the truthful, and the fifth (testimony) that Allah’s curse befalls on him if he was of the liars. Then he repeated (the procedure) with the woman and she bore witness four testimonies by Allah that he was of the liars and the fifth that Allah’s wrath befalls on her if he was of the truthful. Then, the Prophet (PBUH) made the two separate from one another.” [Bukhari 2164, M 1493, N 3470]
(1207)-Sayyidina Ibn Umar (RA) reported that a man observed li’an against his wife. So, the Prophet (PBUH) made them separate from one another and gave to their mother, right over children. [Bukhari 2026, Muslim 1494]
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EELA means such oath of the man by the Islamic Jurisprudence that he would avoid any intimacy to his wife or wives for four months ahead. If someone takes such an oath for lesser period than four months then this is an ordinary oath and that also is sometimes loosely called as EELA (though it is not actually EELA). Note that the Prophet (PBUH) had made an ordinary oath once to keep away from all his wives for a month (that is loosely termed as EELA) and he gave the expiation for his oath after one month not prolonging it any more. According to three IMAMS except ABU-HANIFA, the man who had made EELA would be told after four months either to give divorce to his wives or either to denote clearly that he would keep them as his wives. ABU-HANIFA holds the view that when the four months pass, his wives would automatically receive one of divorces that would be revocable though he would have to marry them again if he intends to keep them as his wives. LI’AN means “to curse each other” and in the Islamic Jurisprudence when a man blames his wife with adultery then he would be asked to say four times keeping his own self in focus that he is truthful in his accusation and the fifth time he would say that if he has lied then the curse of Allah falls on him. Then his wife who had been accused would say four times keeping her husband in focus that he only is a liar in his accusation and the fifth time she would say that if he has spoken the truth then the wrath of Allah falls on her (see Surah 24: verses 6 to 10). By these statements, the man keeps off the HADD (punishment) of wrongly abusing a woman while the woman keeps off the HADD (punishment) of adultery respectively; this matter is specifically related to the man & wife when he had accused her of adultery and she had not cofessed to adultery. Three IMAMS except ABU-HANIFA take LI’AN itself enough for the separation between the man and the woman and they would not remain man and wife after that; ABU-HANIFA says that the matter is attended at the court so the man would announce the divorce to his wife then and there after LI’AN. She could never come into his marriage again and she would get the custody of the children that are young. If she gives birth to a child being pregnant at the time of LI’AN, he would not be referred to as the son of any particular man; in fact he would be referred to as the child that came after LI’AN. It is so very sad that in the world where doings of one affects the other, children often have to bear the adversity of quarrels inside the family. However, in the case mentioned in H-1206, the child rose to become the chief of great number of people though he was not much good at looks.
TOPIC 23-Where does woman spend waiting after husband’s expiry
(1208)-Sa'd ibn lshaq ibn Ka’b ibn Ujrah reported from his paternal aunt, Zaynab bint Kab ibn Ujrah, that Sayyidah Fari’ah bint MALIK ibn Sinan, the sister of Abu Sa’eed Khudri, informed her that I went to Allah’s Messenger (PBUH) and asked him whether I should return to my family, the Banu Khudrah. My husband went out to search for his slaves and when he was in the vicinity of Qudum, he found them but they killed him. So, I asked if I might return to my folk as my husband had not left for me any house that he owned or sustenance so Allah’s Messenger (PBUH) gave me the permission saying “Yes”. So I went back but while I was still in the room or the mosque, Allah’s Messenger (PBUH) called me or he ordered someone and I was summoned to him. He asked me to clarify what I said. I repeated to him the account I had recounted to him concerning my husband. He said, “Reside in your home till the prescribed period reaches its term.” So, I spent my Iddah in it for four months and ten days. When Uthman (the third Caliph) sent for me and asked me about it, I informed him and he abided by it and ruled according to it. [Ahmed 27155, Abu Dawud 2300, Nasai 3527, Ibn e Majah 2031]
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There is consensus of all IMAMS that the woman (when her husband dies) should pass her IDDAH at the husband’s place except when the place is not owned by the man and the person who owns it does not let her pass her IDDAH there. However no one among the IMAMS asks for her sustenance in this situation as she would surely get her share from the husband’s property if he has any. However, if she is pregnant then there is some difference among IMAMS as AHMED asks to provide her the sustenance too uptil the child-birth. Here, in this narration at the topic, the Prophet (PBUH) called the lady back as first he could not understand properly what she intended to ask and then hearing the matter for the second time in some detail, he told her to pass the IDDAH at her husband’s place as that seemed no problem to any of the family members of the husband. ABU-SAEED KHUDRI (RA), the brother of this lady, has narrated many Ahadith and many of them are recorded at JAME’ TIRMIDHI too. In the IDDAH of divorce, the point to note is that the husband would provide for her sustenance and shelter necessarily when he had divorced in RAJA’I manner; he is liable to provide that even when she is in pregnancy (no matter whatever the manner of divorce is) until she gives birth to the child; another point to note is that if the man divorces his wife by MUGHALLAZA and she is not pregnant then according to ABU-HANIFA, the husband would still provide for her sustenance and shelter as in the case of the RAJA’I but SHAFA’I and MALIK take only the provision of shelter as necessary for her (but not sustenance) while according to AHMED nothing of the two is necessary here. Also, according to ABU-HANIFA the divorced woman is not allowed to leave her home at any time while MALIK (and also AHMED) allow her to go out at the day-time on necessity. SHAFA’I allows the woman who has been divorced as MUGHALLAZA to go out at the day-time yet he does not allow the woman divorced as RAJA’I to do so. However, for the woman that is in IDDAH due to the death of her husband, all the IMAMS agree that she is allowed to go out on necessity at the day-time without any blame.
14-BOOK OF BUYING AND SELLING (77 topics)
TOPIC 1-About shunning doubts
(1209)-Sayyidina Nu’man ibn Bashir (RA) reported that he heard Allah’s Messenger (PBUH) say, “The lawful is clearly defined and the unlawful is clearly defined, but between them are matters that are doubtful. Many of the people cannot decide whether they are lawful or unlawful. So, he who avoids them to guard his religion and honour has indeed, taken the safe path. And he who falls into some of it nearly falls into the unlawful, just as a shepherd who grazes his animals on the borders of a sanctuary might take them to the other side. Know that every king has a sanctuary. And know that the sanctuary of Allah is that which he has declared unlawful. [Ahmed 18375, Bukhari 52, Muslim 1599, Abu Dawud 3329, Nasai 4463, Ibn e Majah 3986]
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From here starts the topic of Buying & Selling that is the topic of Business Transactions and its relation to the previous booklet is very clear as the marriage (and even the divorce) also has an aspect of the business transaction; it was then feasible to take all other matters that relate to business transactions. The Muslim person must remain extremely cautious in making business transactions that he takes up no such transaction that is against the teachings of Islam. Note that sanctuaries were the areas specified by the rulers at places at that time where only their cattle used to graze; their citation here is to clarify that as chances increase that the animals of someone might enter the sanctuary if he lets them graze near it, such is the matter when someone makes transactions that have some doubt to being unlawful. They might lead his business transactions to become challenging to clear Islamic Teachings and so the better thing for him is to leave doubtful transactions so as not to fall into any sins with time. He needs to remember that it is enough to have the necessities in the worldly-life and he must guide his best efforts to keeping the Belief at righteousness and virtuous deeds so that he achieves the true success that is of AKHIRAT (true life after this life); this is how Islam guides us; Al-Hamdu Lillah.
TOPIC 2-Concerning consuming interest
(1210)-Sayyidina Ibn Mas’ud (RA) reported that Allah’s Messenger (PBUH) cursed the receiver of interest, its payer, the witnesses (to the deal) and the scribe who writes it down. [Ahmed 3737, Abu Dawud 3333, Ibn e Majah 2777]
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TOPIC 3-About warning against lying and false testimony
(1211)-Sayyidina Anas (RA) reported from the Prophet concerning major sins that he said, “(They are) associating with Allah, disobedience and ingratitude to parents, killing someone and falsehood.” [Ahmed 12338, Bukhari 2653, Muslim 88, Nasai 4016, Tirmidhi 3029]
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H-1210 clearly tells about all those that are intimately connected with the dealing of interest, may that be simple or compound; the Prophet (PBUH) has cursed all such persons that relate to it. Due to this, ULAMA have unanimously disallowed the employment at banks where interest is at the base of all dealings though with its avoidance, there is some chance for their operation to become JAEZ. Moreover, Economics as of now takes interest as basis to the control of inflation with the capability to guide the prices at the market for commodities generally and even affect other matters of economic concern without any care to Islam. Note that Islam asks to care about AKHIRAT with all fervor; it does not favor to care about the world so much that it adversely affects getting the success there. The economic set-up as of now functions as the gravest of challenges to Islam; the Muslim persons could yet turn it in favor of Islam if they do accept by total heart that they have to live with minimum at the world caring maximum about AKHIRAT. It does need high sacrifice as the matter stands yet no doubt that it is attainable even now with better change in the thought that would insha-Allah lead to better change in the attitude; Al-Hamdu Lillah; please note well that every type of interest is HARAAM by the Islamic Teachings. That is why practicing Muslims try to keep current accounts (and not savings accounts) at banks (if they do have to keep them) where no interest is charged to their accounts; but as banks nowadays maintain transactions on the basis of interest in general so that even becomes assistance sometimes to wrongs that is HARAAM. Moreover, such of finances that multiplies the principal amount without efforts makes the man lazy (and even lousy) as it becomes burden to his psyche; at such situation, he becomes unable to fulfill his necessities even when he has more amounts available at his disposal. Even by the concepts strictly based on the study of the modern economics only, it has its faults yet in these brief notes I, MSD, would not go for any elucidation for this statement; those who really want to understand the matter well must study such ULAMA of repute who have done much work on the matter all over the world; Al-Hamdu Lillah. The other Hadith here tells that to tell lies to sell (or purchase) some item at the best possible rate is against Islam.
TOPIC 4-Concerning merchants and the Prophet’s address to them
(1212)-Sayyidina Qays ibn Abu Gharazah narrated that Allah’s Messenger (PBUH) came towards us. We were called Samasirah (by people). He said, ‘O group of traders! Surely the devil and sin are present in buying and selling. So blend your buying and selling with Sadaqah (that it might serve as expiation).” [Ahmed 16134, Abu Dawud 3326, Nasai 3803, Ibn e Majah 2145]
(1213)-Sayyidina Abu Sa’eed reported that the Prophet said, ‘The truthful trustworthy merchant is with the Prophet (PBUH), the Righteous Ones and the Martyrs (on the Day of Resurrection). [Ibn e Majah 2139; there it is by Ibn-Umar]
(1214)-Ismail ibn Ubayd ibn Rifaah (RA) reported from his father who reported from his grandfather that he came out with the Prophet (PBUH) towards the place of prayer. He saw people engaged in buying and selling. He said, ‘O assembly of merchants!” So, they paid attention to Allah’s Messenger and raised their necks and their sights towards him. He said, “The merchants would be raised on the Day of Resurrection as sinners, except those who fear Allah and are pious and truthful.” [Ibn e Majah 2146]
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These Ahadith at the topic tell clearly about the high merit of the righteous traders, merchants and business-men that if they try their best to be totally honest in their transactions, they would be in the company of the most virtuous of men at AKHIRAT. Note here that people used to call the traders whom the Prophet (PBUH) addressed, as SAMASIRAH (commission agents) and though there was no harm in calling them that yet the Prophet took the better words to address them that were ‘O group of traders’; this shows that for TABLIGH (calling towards righteousness), it is highly commendable to address the people as respectfully as possible especially if they happen to be Muslims. Another thing that the Hadith at the topic tells us is that SADAQAH (charity in the way of Allah) compensates for any lack in good deeds; all Muslim persons (especially those that relate to commercial activities) must always provide SADAQAH whenever possible and they certainly must provide it as much as possible; Al-Hamdu Lillah.
TOPIC 5-One who swears falsely on his wares
(1215)-Sayyidina Abu Dharr (RA) reported that the Prophet (PBUH) said, “There are three (kinds of) people towards whom Alalh will not look (with mercy) on the Day of Resurrection and He will not make them pure and for them is a painful punishment.” He asked, “Who are they, O Messenger of Allah? Indeed they are frustrated and losers.” He said, “One who brags of his favours, one who drags his lower garment (wearing it below his ankles), and one who swears falsely when selling his wares.” [Muslim 106]
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TOPIC 6-About going out early for business
(1216)-Sayyidina Sakhr Ghamidi reported that Allah’s Messnenger (PBUH) prayed, “O Allah, bless my Ummah in their early morning.” Thus, when the Prophet (PBUH) sent an expedition or an army, he sent it at the beginning of the day. And Sakhr was a businessman and when he sent his salesmen or agents, he sent them in the beginning of the day. So he became rich and had plenty of wealth. [Ahmed 15443, Abu Dawud 3206, Ibn e Majah 2236]
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The three persons that would receive a painful punishment at AKHIRAT have one thing in common that they consider their-selves something higher than others. One of them is that person who thinks that due to his care about someone (as he provided him for some of his needs at his troubled time), he is worthy of some high status; actually Allah is the True Provider and if he had not done good to him someone else would have done so if Allah had willed for it. Another of them in these three is the one who is extremely haughty; at that time those who considered their-selves someone special used to wear their lower garments below their ankles. And the third one of these is the one who swears on his goods that such stocks of high quality is unmatched though he knows at heart that the better quality is available. His merchandise would sell but if he decides to take load of fibs on him thinking his betterment in that attitude only, it is highly difficult to make such person understand the correct attitude to take in his trade. As for the next Hadith, it gives the simple message that the best time to initiate any good work is at the day-break; there used to be a saying to this effect forgotten ages ago that was “early birds get the worms”.
TOPIC 7-About permission to specify the price of something
(1217)-Sayyidah Ayshah narrated that the Prophet had a pair of worn out garments from Qatar on his body. When he sat down and perspired, they proved heavy on his body. So, when a consignment (of cloth) arrived from Syria for a certain Jew, she submitted to the Prophet saying, “If only you would send someone to him and buy from him a pair of garments (and it would be a loan) till it is easy for us to pay.” So, he sent someone to him, but the Jew protested, “I know for sure what you intend. You intend to take away my property or my dirhams.” Allah’s Messenger (PBUH) said, “He lies. He knows definitely that I am the most righteous of them and the most perfect at repaying debts.” [Nasai 4637]
(1218)-Ibn Abbas reported that when the Prophet (PBUH) died, his coat of mail was in pledge with a Jew for twenty SA’ of grain which he had taken for his family. [Ahmed 3409, Nasai 4660, Ibn e Majah 2439]
(1219)-Abu Qatadah reported from Sayyidina Anas that he went to Allah’s Messenger (PBUH) with barely and rancid fat. At that time, the Prophet had pledged his iron-coat (used for wars) with a Jew for twenty SA’ of provison that he had taken for his family. He had heard him say one day that by evening the family of Muhammad did not preserve a SA’ of dates or a SA’ of grain while he had nine wives then. [Bukhari 2069, Muslim 2437, Nasai 4620, Ahmed 12363]
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The living mode of the Prophet (PBUH) was very simple and he tried to live within necessities as much as possible; Ahadith at the topic also denote this well. Although the Prophet (PBUH) used to take care of his liabilities towards his wives well yet that was at the minimum required level where worldly matters were concerned. The narration that tells about the Jew speaking disrespectfully about the Prophet (PBUH) clarifies well that there were Jews at that time who never intended anything well for the Prophet (PBUH) though they knew totally well that the Prophet (PBUH) was the man of his word. Note that when the person seeks a transaction upon liability then he must specify the time to pay it to the seller; that is among the etiquette of the trade and so there is high probability that the Jew was told of that specific time; he should not have spoken such negative words. The Prophet (PBUH) could have punished him on such disrespectful attitude yet he did not make the matter an issue; he used to refrain much from answering any personal grudge that was kept against him by someone.
TOPIC 8-Recording conditional transactions
(1220)-Muhammad ibn Bashhar (RA) reported from Abbad ibn Layth, the draper, who heard from Abdul Majid ibn Wahb that Adda ibn Khalid ibn Hawzah said to him, “Shall I not read to you a document that Allah’s Messenger had recorded for me.” He said, “Certainly.” So he brought a document that said, “This is what Adda ibn Khalid ibn Hawzah bought from Muhammad, the (last) Messenger of Allah. He bought from him a slave, or a female slave, with no disease and no wickedness and that is not unlawful. This is a transaction between two Muslims.” [Ahmed 20357, Bukhari 34, Ibn e Majah 2251]
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TOPIC 9-About weights and measures
(1221)-Sayyidina lbn Abbas reported that Allah’s Messenger said to the people who measured their sales by capacity and by weight, “You are, indeed, entrusted with two matters on account of which earlier people, who were before your time, perished.”
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When the transaction is hand to hand there is no problem not to write, whether small or big, yet when it is on account, it should be written down. However, the financial transaction that takes place between close relatives (or those that are very near to each other by some relation) might be taken-up by EHSAAN as the matter hand to hand with total trust in Allah, the Almighty. The narration by Ibn-Abbas indicates that the people of the Messenger SHOAIB (Salam on him) were totally destroyed due to frauds in transactions by wrong countings of things that were sold by count and by wrong calculation of weight of things that were sold by weight. The Prophet (PBUH) guided attention towards it so that the people give every care to counts and weights and try their best that nothing of the sort happens that might be termed as frauds even if that is unintenional on their part.
TOPIC 10-About buying and selling through auction
(1222)-Sayyidina Anas ibn Malik (RA) reported that Allah’s Messenger (PBUH) decided to sell a saddle-cloth and a bowl. So, he said, “Who will buy this saddle-cloth and bowl?” A man offered to buy both for a dirham. The Prophet said, “Who will raise it over a dirham? Who will raise it over a dirham?” So a man paid two dirhams, and he sold both to him for that price. [Abu Dawud 1641, Nasai 4517, Ibn e Majah 2198]
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TOPIC 11-Concerning sale of mudabbar
(1223)-Sayyidina Jabir (RA) reported that a man of the Ansar assured his slave that he would be free upon his death. When he died and he left nothing in legacy save the slave then the Prophet sold him (on the master’s behalf) to Nuaym ibn Naham. Sayyidina Jabir (RA) said further that the slave was a Qubti (Copt) and died during the first year of the rule of Ibn-Zubayr. [Bukhari 1084, Muslim 997]
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To make business transactions by auction is allowed in Islam though it is wrong to give or take price for some commodity the sale of which has been finalized (see H-1137). Some ULAMA at the ancient time used to object to auctions but even from the ancient time, it became acceptable though it should be totally fair and not by such cheating that the auctioneer plants a man or two to bid and in that way tries to raise the price of the commodity unfairly. The next narration, H-1223, seems to tell us that the Prophet (PBUH) sold a slave after his master’s death on that master’s behalf; that slave was allowed freedom at his death (that is called MUDABBAR); ULAMA have generally commented here that though the Hadith is very soundly narrated yet there has been some fault in expression of words and the slave was actually sold in the master’s life. This is due to the fact that words for another version of this Hadith at another book of Adadith have been related in such way that there is some margin to take the words to mean that the master is explaining his condition to free him. This is possible to understand even here in JAME’ TIRMIDHI in English if you go on reading the sentence starting by “when he died” without any period at its back upto “the slave”. The next sentence starts by “then the Prophet sold him” and that means in the life of his master on the master’s behalf. So according to this explanation, when such will existed that the slave would become free from slavery at his master’s death, it was observed without any hurdle.
TOPIC 12-About dislike to receive sellers (outside city)
(1224)-Sayyidina Ibn Masud reported that the Prophet disallowed buying and selling from trade caravans outside the city (till they come into the city). [Bukhari 2164, Muslim 1518, Ibn e Majah 2180, Ahmed 4096]
(1225)-Sayyidina Abu Hurayrah (RA) reported that the Prophet (PBUH) forbade going out to meet a caravan that brings grain to the city. If any man meets it and buys anything then the owners of grain have choice on coming to the market (to cancel the deal). [Muslim 1519, Abu Dawud 3437, Nasai 4513]
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TOPIC 13-The city dweller is disallowed to sell goods of the villager
(1226)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger said and Qutaybah also reported having heard that the Prophet (PBUH) said “A city dweller must not sell for a villager.” [Bukhari 1083, Muslim 1520]
(1227)-Sayyidina Jabir (RA) reported that the Prophet (PBUH) said “Let not a man from the city sell for a villager. Let people alone, Allah will provide them from each other.” [Ahmed 14347, Muslim 1522, Abu Dawud 3442, Ibn e Majah 2126]
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This is disallowed that some trader from a place goes to some distributor at other place who is already putting his own similar commodity at the market there. However if he gives the right of distribution of his goods to him with other distributors too at the place then there remains no problem; there would be no monopoly. Although the market was very limited at that time in comparison to the market today (and even commodities were limited too) yet the guidelines for it that we have received from the Prophet (PBUH) are of utmost importance even today; it is clear by Ahadith at study here that Islam does not appreciate any such measures that cause the prices of commodities to rise unreasonably (especially of those commodities that relate to basic necessities). The trader does not only care for his personal profits by business transactions (and he has the right to it) but he also cares for the benefits of the person from whom he has bought the goods and of the person who buys the goods from him. Note that the business transaction needs to be free of DHARAR (financial harm to one side by such trickery from the other side that induces the former to finalize the transaction with unjust favorable financial effect to the latter) and GHARAR (some uncertain feature in the transaction that relates mostly but not specifically to the item for sale); both of these terms simply denote some negative aspect (insecurity) of the transaction that causes the financial harm to any of sides whereas GHARAR is subordinate to DHARAR; please note that I, MSD, would use GHARAR in its usual meaning of uncertainty in any manner in the business transaction yet I would leave-out using DHARAR in comments here. All persons related to the economic activities would see to benefits of the whole society wherever anyone of them might happen to be present at the chain of the trade. Monopoly certainly is one of the aspects of the imperfect market while other of its aspects are the shortage of supply for the demand of some specific commodity of general use; the imperfect market also comes at fore when buyers (or sellers) are unaware of true rates of commodities so the quality of the awareness in buyers (and even in sellers) and their quantity too matters a lot. If all persons related to the economic activities do take care that their activities not only favor their profits but also check the market that no adversity (being DHARAR or GHARAR) takes place there, it would cause even the poor to live with ease in getting his necessities; he would be able to live with care of the commands of Allah due to this ease in general that would prevail at the Islamic Environment; Al-Hamdu Lillah.
TOPIC 14-Prohibition to sell Muhaqalah and Muzabanah
(1228)-Abu Hurayrah (RA) narrated that Allah’s Messenger (PBUH) disallowed Muhaqalah and Muzabanah.
(1229)-Abdullah ibn Yazid reported that Zayd Abu-Ayyash asked Sa’d about buying simple barley against peeled barley. Sa’d asked, ‘Which of these two things is superior?” Zayd said, “The simple.” So, he disallowed that, saying, “I heard someone ask Allah’s Messenger (PBUH) about bartering dates for unripe dates. He asked those sitting besides him if the weight of unripe dates reduces when they ripen and it was confirmed to him that they reduce in weight. So, he disallowed that.” [Abu Dawud 3359, Nasai 4556, Ibn e Majah 2264]
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TOPIC 15-Disapporval to sell fruit before they are ripe
(1230)-Sayyidina Ibn Umar (RA) reported that Allah’s Messenger forbade sale of dates till they were brilliant in colour. [Ahmed 4493, Muslim 1535, Abu Dawud 3368, Nasai 4565]
(1231)-With the same Sanad, it is reported that the Prophet (PBUH) forbade sale of wheat till they were white and safe from calamity. He forbade (both) the buyer and the seller.
(1232)-Sayyidina Anas reported that Allah’s Messenger (PBUH) disallowed sale of grapes till they were black and of grain till they hardened. [Abu Dawud 3371, Ibn e Majah 2217]
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When the date is on trees, it is not right to sell it taking the same fruit by weight in return; this is called MUZABANAH. Likewise it is not allowed to sell wheat that is not yet cut in exchange of wheat that is cut taking that by weight; this is called MUHAQALAH. Three of IMAMS (except ABU-HANIFA) agree that exchange of dates that are of different kinds is not valid as the wet ones would dry and would become less in weight with time. ABU-HANIFA says that the present is worthy to see at this business transaction of dates and so the transaction is not invalid provided it is hand to hand and equal in weight; it is not relevant what the future holds. The better stance according to the Ahadith at the topic is of the three IMAMS evidently as the wet dates would certainly dry losing their weight and knowingly, it is wrong to present them in exchange of dates that are dry. The common sense does guide well that business transactions for all fruits that are fresh, ripe and full of flavor are certainly valid but the ruling about the unripe fruits is not such. Ahadith at the the next topic tell us that it is disallowed to sell unripe fruits (whether dates or others) but there is some detail here. The Ahadith that are narrated here mean (according to all IMAMS) that when the seller and the buyer make transaction of unripe fruits that are at trees on condition that the buyer would take them after some time so that they ripen well and until then they could remain at trees; this transaction is disallowed and this is the transaction that is addressed here. However, if such unripe fruits that are clearly seen at trees are sold on the condition that the buyer would take them now only and he would take care to ripen it afterwards or sell it unripe (some fruits are used unripe for pickles, for taste in food and for medical reasons) then all schools of FIQH plainly validate such transaction.
TOPIC 16-It is prohibited to sell the young of unborn off-spring
(1233)-Sayyidina Ibn Umar (RA) reported that the Prophet (PBUH) forbade sale of Habal-al-Habalah (whereby a man buys the off-spring of a she-camel still in its mother’s womb). [Bukhari 1086, Muslim 1514, Nasai 4633, Ahmed 5511]
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TOPIC 17-Fraudulent sale is forbidden
(1234)-Sayyidina Abu Hurayrah reported that Allah’s Messenger (PBUH) forbade insecure transactions and those depending on throw of stones. [Ahmed 8893, Muslim 1513, Abu Dawud 3376, Nasai 4530, Ibn e Majah 2194]
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TOPIC 18-Disapproval to combine two transactions in one
(1235)-Sayyidina Abu Hurayrah reported that Allah’s Messenger (PBUH) forbade combining of two transactions in one. [Nasai 4641]
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There was an amazing transaction that sometimes took place at those times that was named as HABAL-al-HABALAH; this meant that the owner sold the young of the off-spring that still is in the she-camel’s womb if that also is a she-camel when it comes to the world and when it conceives that young; that would be the grand-young of the camel or the cow that carries that off-spring. Strange; but we do have strange transactions in business even today and such often happens when people are given to the love of wealth much. The Prophet (PBUH) put a ban on this transaction as it had many aspects that certainly were GHARAR; the off-spring must be female, it must be physically fit to conceive as it grows well, it gives birth to a young that is physically-fit and of-course those who made the transaction must be around at the world to manage the deal for which the seller took the price. Insecure transactions means that price is given for the commodity but it is not certain if the buyer would get that specific commodity or not; the example is HABAL-al-HABALAH too and also the lottery-system in selling things that happens in fairs sometimes that someone takes a small sum of money from the buyer who would draw a slip so whatever is written there he gets that for the sum he had paid; sometimes even nothing. Another high example of this type of adverse transactions is “Insurance” as it is receiving of premiums on something that the buyer is not sure to get (as it is based on the future aspect of the circumstances) and as such, insurance is HARAAM. Note that it is totally fine if someone announces a prize for some worthy feat if he does not take any money against it but pays the prize on judgment of the competence of the winner. Other thing that comes in insecure transactions is where a person hits a thing with a ball or a ring and gets that thing with whatever sum of money he had paid and that is mostly at fairs too; even in the ancient days this used to happen as reported here in Hadith where stones were used instead of balls or rings and that might have been at ancient fairs too; these are the most glaring examples of GHARAR. If someone is selling a thing on instalments at the price higher than the market price of it at that time whilst he clarifies his total selling price to the buyer for it initially and receives the buyer’s consent to it, this transaction is valid and not included in GHARAR; the seller has no right then to increase that acknowledged price between them even if the buyer becomes unable to pay the amount payable upon him as per schedule. Also, Islam permits the giving and the taking of guarantee in some transaction that occurs on account by providing some personal asset to the seller or by providing the reference of some person who would pay on the behalf of the buyer if he fails to pay the payable on time. ULAMA have differed in taking the meaning of the Hadith that tells about not combining two transactions in one but the most acceptable meaning among them is that the transaction should not be conditional that the seller tells the buyer to sell some specific thing that he has and then he would sell his commodity that the buyer needs (so each one of them would become the seller and the buyer simultaneously); note that generally the barter way of dealing is fine with consent of both sides yet the force applied to any side makes it questionable; this is against the business etiquette and Islam guides to refrain from it; it certainly is blackmail.
TOPIC 19-Disallowed to sell what the seller does not possess
(1236)-Sayyidina Hakim in Hizam reported that he submitted to Allah’s Messenger (PBUH) that people came to him asking him for things that he did not have, “May he buy them from the market and sell them to these people?” He said, “Do not sell that which is not with you.” [Ahmed 15311, Abu Dawud 3503, Nasai 4624, Ibn e Majah 2187]
(1237)-Sayyidina Hakim ibn Hizam narrated that Allah’s Messenger (PBUH) disallowed him to sell which he did not have on his hands.
(1238)-Ahmad ibn Mani reported from Isma’il ibn Ibrahim, from Ayyub, from Amr ibn Shu’ayb who from his father and he from the grandfather of Amr ascending up to Abdullah ibn Amr that Allah’s Messenger (PBUH) said that Salaf-Wa-Bai are not lawful. Also, two conditions in one sale are not allowed. Also, profit of that to which he is not a guarantor is not allowed. In the same way, it is not lawful to sell that which is not in one’s possession.” [Ah 6683, AD 3504, Nasai 4642, Ibn e Majah 2188]
(1239)-Hasan ibn Ali Khallal, Abdah ibn Abdullah and many narrators, reported this Hadith from Abdus Samad ibn Abdul Warith, from Yazid ibn Ibrahim, from Ibn Sirin, from Ayyub, from Yusuf ibn Maahak from Hakim that Allah’s Messenger (PBUH) disallowed him to sell that which he did not possess.
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Business transactions without taking the commodity to sell in possession (as mostly happens in the stocks-exchange nowadays) is out-of-order strictly according to Islam. Due to the common practice at the stocks-exchange nowadays, ULAMA have sought out and have presented ways to make transactions at stocks at least MUBAH according to Islam. The best way to deal with stocks is the simple way to get it at hand and keep it at some ware-house (or even at the seller’s own site where he keeps it aside with clarification that the buyer is now responsible for it); then he is liable to sell it without incurring any breach of the Islamic guidance; if that commodity is at abundance in the society or if it is of no basic needs (but used for some specific need as it might be some part of some machine or some machine itself) then it would not amount to the hoard of stocks too. The narration at 1238 tells of the prohibition of SALAF-wa-BAI that is similar in the guidance of not making two transactions together becoming buyer and seller simultaneously; but the difference here is that the buyer, due to some of his personal problems, tells the seller that he would buy some commodity the seller has at the highest price if the seller gives him so-and-so amount in loan and the seller agrees; this also is a form of GHARAR (and also black-mail). Another meaning of SALAF-wa-BAI is told as someone gives a loan and tells the debtor that he would return some specific item like wheat against it after a month of the same amount; if he fails to do so then he would have to pay such and such amount more on that wheat to the creditor as it would mean that the creditor has sold that wheat to him on profits; this also is disallowed as there is no wheat in actual but only its mention that vanishes with the time elapsed and the amount of debt rises that is interest. These are ways to get interest on the money lent without using its name getting round of it somehow; such lame excuses to get interest on loans without getting the blame for it is HARAAM and Allah knows better.
TOPIC 20-It is disapproved to sell wala or to gift it
(1240)-Ibn Umar (RA) reported that Allah’s Messenger (PBUH) disallowed the selling of Wala or giving it as gift. [Bukhari 1244, Muslim 1506, Ahmed 4560, Abu Dawud 2919, Nasai 4668, Ibn e Majah 2747]
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TOPIC 21-Disapproved to sell animal against animal on credit
(1241)-Sayyidina Samurah (RA) reported that the Prophet (PBUH) forbade barter of any animal against an animal on credit. [Ahmed 20163, Abu Dawud 3356, Nasai 4631]
(1242)-Sayyidina Jabir (RA) reported that Allah’s Messenger (PBUH) said, “It is not proper to sell one animal against two. But, there is no harm in selling against spot payment.” [Ibn e Majah 2271]
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TOPIC 22-About buying one slave for two slaves
(1243)-Sayyidina Jabir (RA) reported that a slave came to the Prophet (PBUH) and pledged allegiance over Hijrah and the Prophet (PBUH) did not perceive that he was a slave. When his master came with the intention to take him away, the Prophet (PBUH) said, “Sell him to me.” So, he bought him against two black slaves. Thereafter, he never took pledge of allegiance from anyone till he had asked him if he was a slave. [Muslim 1602, Abu Dawud 3358, Nasai 4621, Ibn e Majah 2869, Ahmed 14778]
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WALA is the right to inheritance that the person gets on the property left by his or her freed slave if the slave has no relatives that would inherit. The one who frees the slave becomes ‘ASBAH that means in the Islamic Jurisprudence the person who relates to the deceased in such way that he gets the inheritance inevitably when something of the property of the deceased person is still left after the distribution of rightful shares to all his certain heirs. This right of WALA is non-transferrable by the possessor of it and that only is the owner that had freed him according to Ahadith so the one who gets this right of WALA would not sell it (or would not make it a gift to someone); see also H-1260 and also H-2133. Other persons too that possess the right to some inheritance are not allowed to transfer it as all such rights are non-transferrable. The point to note is those rights that are specified clearly in the Holy Book Quran and Ahadith for specific persons are not transferrable by them to others yet the rights that some person gets as his business rights by registration (like the trade-mark or the copy-right), he is allowed to sell them if he wills. The other Hadith guides that the sale (and the purchase) of animals (even if one is given or taken for two in exchange for some reason) is all right but that must remain hand to hand.
TOPIC 23-Disapproval for imbalanced exchange
(1244)-Sayyidina Ubadah ibn Samit (RA) reported that the Prophet (PBUH) said, “Sell gold for gold like for like, and silver for silver like for like, and date for date like for like, and wheat for wheat like for like, and salt for salt like for like, and barley for barley like for like. If anyone exceeds, in taking or giving then he has dealt in interest. Sell gold for silver as you like on spot payment, and wheat for dates as you like on spot payment, and barley for dates as you like on spot payment (dealing at credit or one being lesser in measure, these transactions are disallowed).” [Muslim 1587, Abu Dawud 3349, Nasai 4571, Ibn e Majah 2254]
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TOPIC 24-About coins
(1245)-Nafi reported that he and Sayyidina lbn Umar (RA) went to Sayyidina Abu Sa’eed (RA) who said to them that I heard with my two ears that Allah’s Messenger (PBUH) said, ‘Don’t pay gold for gold but like for like, and silver for silver but like for like. Do not pay more or less. Do not delay payment (to the future) but make payment on the spot.” (Bukhari 1097, Muslim 1584, Nasai 4570, Ahmed 11494]
(1246)-Sayyidina Ibn Umar narrated that I used to sell camels against dinars in the market named Baqi. In return I would take dirhams against dinars and sometimes sell for dirham and take dinars against dirham. Then I came to Allah’s Messenger and found him coming out of the house of Hafsah. I asked him about it and he said, “There is no harm in that against a (determined) price.” [Ahmed 4883, Abu Dawud 3354, Nasai 4593, Ibn e Majah 2262]
(1247)-MALIK ibn Aws ibn Hadathan (RA) narrated that I advanced (into the market) saying, “Who will exchange my dinars for dirhams?” Talhah ibn Ubaydullah who was sitting by Umar ibn Khattab said (to me), “Show me your gold and come back (after a while) when my servant comes and I will pay you by silver.” Umar ibn Khattab exclaimed, “Certainly not! By Allah, you will pay him the dirham (now) or return to him his gold. For, Allah’s Messenger said, ‘Silver for gold is interest unless it is prompt and on spot (payment), and wheat for wheat is interest unless it is prompt and on spot (payment), and barley for barley is interest unless it is prompt and on spot (payment), and dates for dates is interest unless it is prompt and on spot (payment)’.” [Bukhari 1081, Muslim 1586]
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Six commodities have been mentioned in H-1244 and these are not allowed for exchange but only equally (and the transaction also needs to be hand-to-hand). The reason to name these six specific commodities is that these used to be items of acceptability for transactions and were easily bartered at that time for other items; so they were in currency. However if they are exhanged among each other, equality does not remain a condition though even then the transaction must remain hand-to-hand. This tells that commodities that have value for easy exchange to other commodities being standard when they are exchanged by their own kind for some reason, they should be exchanged equally and hand to hand though the exchange of valuables among their-selves might be lower or higher yet that also should be hand-to-hand. Nowadays, when currency-notes are taken as the standard of exchange financially as they replace the gold in value by economics, it is not feasible to exchange the local currency for the foreign currency (unless equal in value and hand-to-hand) and this means that the dealing is fine by the exchange-rates of Rupees to Dollars as specified by the market (when they are exchanged hand-to-hand) as that certainly is equal in value and quality counts not the quantity. MALIK had taken this stance that it does not matter whether the standard of exchange has actual value as gold by general acceptance; that seems to be near to righteousness and this stance does not affect the concept about the exchange of different currencies by the exchange rate (hand to hand) as the value counts. When DIRHAM (of silver) equal to DINAR (of gold) in value are taken against sale or the other way round, that is no problem as the value counts; it somewhat is similar to the situation as if someone takes 1000 dollars by the notes of 10 dollars that amount to 1000 or takes it by the notes of 100 dollars for it that amount to the same value; here the quality matters and not the quantity for certain.
TOPIC 25-Selling dates after fertilising and slave having wealth
(1248)-Saalim reported from his father that he heard Allah’s Messenger say, “If anyone buys palm-trees after the dates are fertilised then its fruit belongs to the seller unless the buyer has placed a condition. And if anyone buys a slave who owns property then the property belongs to the seller unless the buyer has placed a condition.” [Bukhari 1106, Muslim 1543, Ibn e Majah 2211, Abu Dawud 3433, Nasai 4636]
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TOPIC 26-Option to both parties before they separate
(1249)-Sayyidina lbn Umar (RA) reported that Allah’s Messenger (PBUH) said, “They both, the two parties (of a transaction) have a right to annul the transaction till they have not separated, or kept the right intact (in the transaction to annul it later).” The sub narrator said that when Ibn Umar concluded a bargain and he was seated, he would stand up so that the bargain becomes Wajib (obligatory). [Bukhari 1062, Muslim 1531]
(1250)-Sayyidina Hakim ibn Hizam (RA) reported that Allah’s Messenger (PBUH) said, “The seller and the buyer have a right to annul the transaction as long as they do not separate. If they speak the truth and clarify everything then there will be blessing in their deal, but if they lie and conceal then blessing will be taken away from their deal.” [Bukhari 1053, Muslim 1532]
(1251)-Amr ibn Shu’ayb (RA) reported from his father who from his grandfather that Allah’s Messenger (PBUH) said, “As long as they do not separate the seller and the buyer have a right to annul the transaction unless it is a transaction with the right to annul included in it, and it is not allowed to one to separate from his friend apprehending that he might ask for an annulment.” [Abu Dawud 3456, Nasai 4490]
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TOPIC 27-(No Caption)
(1252)-Sayyidina Abu Hurayrah (RA) reported that the Prophet (PBUH) said, “The seller and the buyer must not separate except with mutual consent.” [Abu Dawud 3458]
(1253)-Sayyidina Jabir (RA) reported that the Prophet (PBUH) gave option to a villager after the sale transaction.
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When the place (with some trees) is sold then the fruits present at the trees is for the seller unless the buyer specifies that he is taking the trees with their fruits in this payment that he is giving to the seller and the seller accepts. The slaves were taken like property of masters in general at those times and so the property that belonged to the slaves actually belonged to their masters. At the sale of a slave it was necessary for the buyer to clarify that he intends to buy the slave with whatever property he has (especially if that property happened to be in cash) otherwise his property belonged to the seller; without the clarification, not only the slave lost his property to his master (the seller) but his new master (the buyer) also lost any claim to it. As for the issue to annul the transaction when the seller and the buyer are yet in one sitting (even if they both have finalized the deal), each one has the right to cancel it then and there. This is how SHAFA’I and AHMED take the matter but MALIK and ABU-HANIFA say that once the agreement becomes final, no-one of the two parties is liable to cancel it; they indicate that the Hadith relate to the time when the transaction is not finalized between them totally. Both these viewpoints have their reasons for them and both the sides of the transaction should see to the better of rulings in these where needed; their judgment would depend on the scope of the transaction, the financial strength of both the parties that make the transaction and the values of their respective businesses at the time and the place of the transaction.
TOPIC 28-About one who is deceived in a (sale) transaction
(1254)-Sayyidina Anas reported that a man who traded often always ended up deceived. The people of his house met the Prophet and said, “O Messenger of Allah, forbid him from committing any transaction.” So, he summoned him and disallowed him to trade, but he said, “O Messenger of Allah I cannot endure without engaging in trade.” The Prophet said, “Say when you engage in buying and selling ‘this is a transaction on equal terms and this is hand-to-hand and no deceiving’.” [Abu Dawud 3501, Nasai 4492]
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TOPIC 29-About an animal who was not milked
(1255)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger said, “If anyone buys such animal whose owner had accumulated its milk for many days then he has the right to return it after milking it, but he must also give one SA’ dates with it.” [Bukhari 1083, Muslim 1524, Ahmed 9016]
(1256)-Sayyidina Abu Hurayrah reported that the Prophet said, “If anyone buys a Musarrah (an animal whose teats were up that milk might accumulate) then he has the option (of three days) to return it, and he must return with it a SA’ of provision. But that must not be wheat, something other than wheat. [Muslim 1524, Abu Dawud 3444]
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The man that used to get deceived in business was named as HABAN; he was not much good in the business affairs and so the Prophet (PBUH) advised him on the basis of EHSAAN to leave business; either stay put or do some job. The man replied that he could not live without it and due to care about his passion for the business, the Prophet advised him to say to the buyers that either he would do business on cash (hand to hand) or either they promise sincerely that there would be no deceit in the transaction they make; another version of this narration at MUSTADRAK, one of books of Ahadith, tells that the Prophet (PBUH) told him to tell the buyers that he would have option for three days to cancel the transaction. MUSARRAH is the she-goat that is not milked by its owner for some time so it has good amount of milk at it; its buyer would get the impression that this animal certainly provides high amount of milk; this relates to GHARAR. When the buyer understands that he has been cheated (and that would be within three days), he is liable to return the animal with one SA’ of dates to the seller (or with the amount that is equivalent to it) that could do in exchange of the milk that he had received from the animal; he would take all his money back. The ruling for other animals that provide milk that is well to drink is also the same. Three IMAMS except ABU-HANIFA take the matter as reported in the Hadith; but, in these current times even the HANAFI-School inclines here to the stance taken by the three IMAMS.
TOPIC 30-Placing the condition to ride the animal that is sold
(1257)-Sayyidina Jabir ibn Abdullah (RA) said that he sold a camel to the Prophet on condition that he would ride it till his home (before handing it over). [Bukhari 2967, Muslim 715]
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TOPIC 31-To obtain benefit from that which is pledged
(1258)-Sayyidina Abu Hurayrah reported that Allah’s Messenger said, “It is allowed to ride an animal or consume its milk if pledged. Its feeding is the responsibility of the rider and who consumes its milk.” [Bukhari 2512, AD 3526, Ibn e Majah 2440, Ah 10116]
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According to three IMAMS except for AHMED, it is not right to sell something on conditions when the transaction is hand-to-hand. However, if some condition is well-known and has become part of the sale (as we see the guarantee for service or the replacement within a year for many of items sold), these are fine according to ABU-HANIFA and MALIK when they do not give unusual benefit to any one party of the transaction; SHAFA’I does not appreciate even such known conditions. AHMED says that if there is one condition only and not more then the sale is fine without any problem. Please note that whatever the condition, known or just one, they all must be MUBAH, not challenging the Islamic Commands in any way. Respectable TIRMIDHI has reported the event that is described here at the narration-1257 very briefly. Seeing other versions of this narration at other books of Ahadith, we get that returning from GHAZWA BANI-MUSTALAQ, the Prophet (PBUH) saw that the camel of JABIR (RA) was very slow; he touched the camel with some branch (the Prophet-PBUH was highly particular not to hit animals) that resulted in the high increase of its pace. Note that the Prophet PBUH never beat a woman or a child (or any weak person for that matter) any time anywhere for any reason whatsoever; even at wars, he tried his best not to wound any person though for the necessity of that time when the enemy was trying to end the impression of Islam, he did attend wars on the command of Allah. On the contrary, he always stood with the weak persons all his life and we also need to care for the weak persons in our own capacity; we all need to see that no harsh action is taken against any of weak persons (including the young students at schools and including the accused persons for some crime that are yet to be proved criminals); we all need to shape our attitudes according to Islam especially at the teaching department, at the medical department and at the justice department. If Teachers, Medical Practitioners and Judges become true to Islam, we would see very soon the Islamic Society in full flow insha-Allah. Coming back to the narration, note that the camel ran so fast that it went ahead of all and the Prophet (PBUH) offered to buy it. JABIR asked to take it without any price as gift from him but the Prophet declined that and told him that he would pay. The transaction was finalized but JABIR put the condition that he would give it at the time when they reach Madinah as he had no other conveyance available at the time. When they reached Madinah, he gave the camel to the Prophet (PBUH) and taking the money (that was given more by the Prophet than what was agreed and it is allowed for the buyer to pay more than what is agreed if he wills by his own as it is not any interest), he turned to go home. The Prophet (PBUH) called him and told him words to the effect, “JABIR! Do not hurry; Take your animal with you.” The schools of three IMAMS (who do not appreciate uncommon conditions in transactions) answer this narration by two ways. One answer is that there is another version of this Hadith at MUSNAD AHMED that tells JABIR descended from the camel then and there but the Prophet (PBUH) told him to ascend it till they come to Madinah so the Prophet had told him that by himself so no condition took place. Another answer is that the Prophet (PBUH) gave the camel back and this means that he wanted to assist JABIR financially in the best possible way so actually no business transaction took place. The other Hadith here tells us that the thing that has been pledged against the loan taken from someone, it is allowed for the owner to have benefits from it. Please note this interesting fact here that the Hadith is telling the right of the owner to get benefits from the pledged item; it is not for the person who has extended the loan against its guarantee as that would be interest.
TOPIC 32-Buying a necklace with gold and gems
(1259)-Sayyidina Fadalah ibn Ubayd (RA) reported that he bought a necklace during the Khybar expedition for twelve dinars. Gold and pearls were pierced into it. He unbound it and found it to be costlier than twelve dinars. So, he mentioned that to the Prophet (PBUH) who said, “Let it not be sold till it is unpierced.” [Muslim 1591, Abu Dawud 3352, Ahmed 24017]
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Things that have gold or silver in them (and these two elements have been taken the most valid standards for exchange from the ancient times), SHAFA’I does not allow their sale unless the gold or the silver is separated from them; both of these are standards for exchange in general but here (when they are sold for DIRHAM or DINAR) it would be gold for gold or silver for silver that is not allowed except when equal and hand-to-hand. Today the example for this would somewhat be like selling of the 100-dollar bill for 50 dollars and that certainly becomes an insecure transaction to the seller. However, ABU-HANIFA takes selling such an item against gold or silver as fine but keeping to Hadith, he points out that the sale must take the amount of money more than the gold (or the silver) in the item as then the surplus would become the cost for the other material present in the item (so it would amount to selling a 50-dollar bill for 100 dollars when the other 50 taken in surplus would be for the other material and not the gold or the silver in it if the buyer agrees); this would cause no insecurity to the seller and the buyer who is well-aware of the issue, does not face any form of GHARAR; however, this needs a good judgment of the gold or of the silver in the item and this also needs a good idea of the market-price of the gold or the silver at that time on the part of the seller. However, if both (gold and silver) are present in the item together then the best option is to separate them from the item and then only sell it at the market. For other things than gold or silver (that were edibles) that also were taken as the standard of exchange to commodities then (see H-1244), it is a moot point if they are liable to barter by their own kind equally and hand to hand now as they present no such status as of now; keeping to Ahadith, it is most feasible not to barter any of these by its kind but to sell it by gold or by silver; in other words, its sale needs to remain through cash (or through cheque) as we make transactions in general in the market today.
TOPIC 33-About condition WALA at freedom of slave
(1260)-Sayyidah Ayshah (RA) intended to buy Barirah. They (the sellers) put the condition of Wala. So, the Prophet (PBUH) advised her, “Buy her, for Wala is for one who pays the price or one who gains the blessing (by providing freedom to the slave).” [Bukhari 2169, Muslim 1504, Abu Dawud 2915, Nasai 4653, Ahmed 5936]
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TOPIC 34-(No Caption)
(1261)-Sayyidina Hakim ibn Hizam narrated that Allah’s Messenger sent him to buy for him a sacrificial animal for a dinar. So, he bought one and sold it with a profit of a dinar. Then he bought another in its place and came to the Prophet with a sacrificial animal and a dinar. He commanded him to sacrifice the animal and give away the dinar in Sadaqah. [Abu Dawud 3386]
(1262)-Sayyidina Urwah Bariqi narrated that Allah’s Messenger (PBUH) gave him a dinar and instructed him to buy for him a sheep. So, he bought for him two sheep and sold one of them for a dinar and came to the Prophet (PBUH) with a sheep and a dinar and mentioned to him what had transpired. He said, “May Allah make your transactions, with your hand, advantageous.” After that he went to Kunasah in Kufah and made great profit. He was the richest man of Kufah. [Bukhari 3642, Abu Dawud 3384, Ibn e Majah 2402, Ahmed 13380]
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The Hadith about WALA is clear by the note presented at H-1240 and the point to note here is that conditions that are based on GHARAR (the loss incurred mostly by the buyer due to some vagueness in the transaction that was avoidable) should not become the part of the business transaction. Muslims are like brothers and taking financial benefits from transactions with each other, they still have to care for each other that no unnecessary trouble falls on the other part. For Ahadith that tell that the Prophet (PBUH) got his DINAR back after the buying of the sacrificial animal, that happened two times; the first incident took place when HAKIM (RA) bought it on the instruction of the Prophet (PBUH) and then he met a man on the way back who asked if he would sell it; HAKIM replied in affirmative demanding two DINAR for it that the man paid and the other incident took place when URWAH BARIQI bought two sacrificial animals on the Prophet’s instruction and sold one for a DINAR; it seems that he was highly good at trade. As it is not allowed to change the specific animal taken for sacrifice with another animal or sell it on profits, the Prophet (PBUH) asked HAKIM to give the surplus in SADAQAH (charity) though the HANAFI-School disallows such exchange only when the sacrifice is not necessary but is given as SADAQAH by will; they explain that this DINAR received extra was for the sacrifice that was not obligatory so that DINAR was given in SADAQAH too. Most probably, the surplus DINAR that URWAH BARIQI had brought was given in SADAQAH too but the Prophet (PBUH) made DUA for him and he became one of the richest men of KUFAH that used to be then the capital-city at Iraq; the success in the business comes to the man when four things of value come to activity together that is some amount of wealth (his capital with some place that he assigns for his economic activity), his efforts in the right direction (his labor and the management of the labor of his employees), his will to adhere to the worthy task that he has taken up (strength of his psyche that comes by TAWAAKUL upon Allah) and most important of all, the blessing from Allah; note that Economics today takes the land, labor, capital and entrepreneur (who manages the three to his financial benefits) as the four factors of production of wealth (with the consideration that the business establishment is a separate entity); it totally ignores the blessing from Allah at these factors while by the Islamic Teachings, this ignorance is the gravest of faults in Economics today; see Surah KAHF, the fifth RUKU; Al-Hamdu Lillah.
TOPIC 35-About the Mukatab who can pay for his freedom
(1263)-Sayyidina lbn Abbas (RA) reported that the Prophet (PBUH) said, “When a slave who has bound himself to buy his freedom receives blood-money or an inheritance, he will inherit according to the extent he has been emancipated. The Prophet also said, “As for his bloodwit, it will be paid for him (to his heirs) to the extent he has paid for his freedom the bloodwit of a free person and remainder of bloodwit for a slave is to his master.” [Abu Dawud 4582, Nasai 4829]
(1264)-Amr ibn Shu’ayb reported on the authority his father from his grand father that he heard Allah’s Messenger (PBUH) say, “If anyone agrees to set free his slave at a hundred ooqiyah and he pays it except ten ooqiyah or, he said ten dirhams then he remains to be a slave.” [Abu Dawud 3927, Ibn e Majah 2519, Ahmed 6678]
(1265)-Sayyidah Umm Salamah (RA) reported that Allah’s Messenger (PBUH) said, “If the Mukatab of one of you has so much as would buy his freedom then observe the veil before him.” [Abu Dawud 3928, Ibn e Majah 2520, Ahmed 36535]
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These Ahdith at the topic tell about the rights of and obligations upon a slave; in the present era, this matter has become obsolete. The Hadith at 1263 is abrogated by the Hadith at 1264 as is taken by all IMAMS and they say that the slave (unless he is fully liberated from slavery) would have the same rights and the same obligations that are of a slave when liberated partially. The point to note here is presented at the H-1265 that has high importance even now and that is the concept of SADDE-ZARAE’, the closing of means to wrongs. It was allowed for the Muslim woman not to observe veil from her male-slaves (but ABU-HANIFA asked them to observe veil even from their male-slaves too) though it was not the common practice for woman to have male-slaves; such male-slaves did not entertain any thought of intimacy towards their female-owners though the female-slaves when they were in custody of men (that were their masters) had also the obligation to see to the sexual needs of their male-masters; men could even marry another man’s slave-woman taking her as wife and then there remained no obligation for her to see to her master’s sexual needs adhering to her husband totally but the woman at that time did not marry any slave that might be of her own or of any other person. However, when the male-slave (under the authority of the Muslim woman) had enough money that assured his freedom, the Prophet PBUH commanded that she observes veil from him (as he becomes like the free man in the ruling); this is the concept of the closing of means to wrongs. This concept mostly applies where there is clear threat to fall in any shameful act and the Holy Book Quran has commanded not only to refrain from all shameful acts but it clearly has asked even to avoid the proximity to them. A verse says, “Say: Come I will recite what your Lord has forbidden to you-- (remember) that you do not associate anything with Him and show kindness to your parents, and do not slay your children for (fear of) poverty-- We provide for you and for them-- and do not draw nigh to indecencies (shameful acts), those of them which are apparent and those which are concealed, and do not kill the soul which Allah has forbidden except for the requirements of justice; this He has enjoined you with that you may understand (6:151). Another verse tells us, “Say: My Lord has only prohibited indecencies, those of them that are apparent as well as those that are concealed, and sin and rebellion without justice, and that you associate with Allah that for which He has not sent down any authority, and that you say against Allah what you do not know (7:33). This same Surah that is AARAAF narrates the event of Adam where it informs that due to eating the prohibited fruit, their private parts came in view of each other that were concealed before. Note that the verse-19 of this same Surah relates that Adam and Eve were told not to go even near to the tree that had the prohibited fruit. After relating the event, a verse says, “O Children of Adam! Let not Satan seduce you, in the same manner as he got your parents out of the Garden, stripping them of their raiment, to expose their private parts; for he and his tribe watch you from a position where you cannot see them; We made the evil ones friends (only) to those who are without faith” (7:27).
TOPIC 36-If debtor is penniless & creditor sees his asset with him
(1266)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, “If anyone turns penniless but then a man finds with him his merchandise (or articles) intact then he has more of right to it than others.” [Bukhari 2402, Muslim 1559, Abu Dawud 3519, Ahmed 7127]
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TOPIC 37-Prohibited for Muslim to hand over wine to Dhimmi
(1267)-Sayyidina Abu Sa’eed (RA) reported that they had wine belonging to an orphan. When (the Surah) al-Ma’idah was revealed (prohibiting wine) he asked Allah’s Messenger (PBUH) about it and said, “It belongs to an orphan.” He said, “Pour it out.”
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All four IMAMS have ruled according to this Hadith that the man who has turned penniless (bankrupt) and has some personal assets (besides those that relate to his basic necessities), those would be sold by auction and the amount received would be distributed among his creditors according to the ratio of their loan in the total. But there is some difference of ABU-HANIFA with three IMAMS in the particular case that if the person (that has turned penniless) had taken something in loan from someone and now the creditor finds that object with him intact in features even after the declaration of his bankruptcy, the specific creditor would receive it then and there while other assets would be auctioned; the amount received from their sale would be distributed accordingly among his creditors; ABU-HANIFA includes that object too in assets of the person (who has now become penniless) and he rules that it also is returnable only as ratio to all his creditors; the stance of three IMAMS seems better in this case that all accept in general. The next Hadith guides that just as the drinking of wine is HARAAM so are all its transactions. May Allah give all Muslims TAUFIQ to keep away from this evil and also give all of them TAUFIQ to keep it totally away from the Islamic Environment; Al-Hamdu Lillah.
TOPIC 38-No Caption
(1268)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, “Return the trust to him who has trusted you with it, but do not commit treachery with one who commits treachery.” [Abu Dawud 3535]
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TOPIC 39-It is necessary to return that which is borrowed
(1269)-Sayyidina Abu Umamah (RA) reported having heard Allah’s Messenger (PBUH) say during his sermon of the Farewell pilgrimage, ‘What is borrowed must be returned, the guarantor is held responsible, and a debt must be repayed.” [Abu Dawud 3565, Ibn e Majah 2398, Ahmed 22357]
(1270)-Sayyidina Samurah narrated that the Prophet (PBUH) said, “On the hands is what it has taken till it returns it.” Qatadah said that Hasan forgot after that and said, “He is your trustee. There is no penalty against it, the borrowing.” [Abu Dawud 3561, Ibn e Majah 2400, Ahmed 20107]
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The Muslim person needs to care about the trust that the people have shown upon him; he needs to see that he commits no such thing that is termed as treachery by those who have trusted him. The next couple of Ahadith clarify the point and three things are mentioned here; first is that what is borrowed must be returned, second is that when a person provides guarantee for something, he would pay for what he has guaranteed when necessary and third is that the debt is the payable amount which is returnable at the period specified for its payment. These all are clear by the sense of good morality that human-beings possess but about borrowing something, the next Hadith gives some concession; it says that there is no penalty if the person damages the borrowed commodity. That is why QATADAH who was narrating this Hadith from HASAN said that HASAN has forgotten when he added that there is no penalty against something borrowed. However, it is most probable that the Hadith is correctly narrated by HASAN from SAMURAH; HASAN meant that the borrowed item would be returned without anything more upon it but if it is lost or if it is used-up, then the returnable would be something equivalent to it and nothing more.
TOPIC 40-About hoarding grain
(1271)-Sayyidina Ma’mar ibn Abdullah ibn Nadlah reported that he heard Allah’s Messenger (PBUH) say, “No one withholds goods till price rises, but is a sinner.” The narrator said that he remarked to Sa’eed (Ibn Musayyab), “O Abu Muhammad, but you too withhold goods.” He said, “Ma’mar also did that (in things that are not edibles)” and it is also reported about Sa’eed ibn Musayyab that he hoarded olive-oil and hay and the like (which are not edibles). [Muslim 1605, Abu Dawud 3447, Ibn e Majah 2154, Ahmed 15758]
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Note that to stock edibles that are among the basic necessities to sell them in future when the rates are high is HARAAM, except for the stock that relates to the turnover for some period. However those edibles that are not taken as necessities to the common man or those items that have some utility in the market but they are not among edibles, they might be stocked provided this hoard does not cause GHARAR at the market to consumers. This means that when there is ample stock of those items in the market within easy access of consumers and supply is not necessary, then it is fine to stock such items and SAEED Ibn MUSAYYAB hoarded such items only; the notable point here is that even when edibles that are among the basic necessities are in abundance, it is not right to stock them but they should be supplied to the market. This denotes one of the basic differences of the Islamic system in marketing and the system that relates to Capitalism. Islam asks the Muslim not to forget even at the market that he has the liability to care for EHSAAN (good natural tendency) too with ADL (rights & obligations defined by the law) while in Capitalism, the law of demand & supply (that is highly faulty needing much provisions for its application) would see to the market. Muslims are brothers who must care for each other where the demand and the supply of some commodity is not harmonious; they must take into consideration individually (and even collectively) that no GHARAR occurs in transactions at the market (and no other kind of DHARAR too in any manner) even if that might cause some harm financially to their own-selves. Please note that Economics is the study that relates to the social life of the man and it depends totally on attitudes of human-beings; the Muslim person must live upon necessities at the worldly life with utmost care towards the true success at AKHIRAT; that is the Economics by Islam. Note also that it is not enough to say that the study of modern Economics deals with the normal man in the ordinary business of life until the terms “normal man” and “the ordinary business of life” are totally clear. The most important thing to keep in mind is that Prophet MUHAMMAD (PBUH), the last messenger of Allah and one of the greatest men ever born in the history of mankind, lived only with necessities at the worldly life; this was by choice only so what does the study of Economics say about that. Social studies that are related to attitudes of human-beings like Civics, History, Astrology, Psychology (and even Economics) need to look at inside of the man (with the consideration that the man him-self is at charge in these disciplines), and not at his outside with things he deals with that have no life in them; this error has led to such mistakes in understanding of rules of these that probably it would take a long period now to better the situation even if the students of these do accept that grave mistakes certainly have been committed here and Allah knows better.
TOPIC 41-Selling animals whose milk is accumulated
(1272)-Sayyidina Ibn Abbas reported that the Prophet (PBUH) said, “Do not go out to meet merchandise. Do not tie up the udders of the animals (to deceive buyers thereby). And do not cheat some of you the others (presenting yourselves as buyers to raise prices).”
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TOPIC 42-Appropriating a Muslims property taking false oath
(1273)-Sayyidina Abdullah ibn Mas’ud (RA) narrated that Allah’s Messenger (PBUH) said, “If anyone takes a false oath to appropriate a Muslims property then (on the Day of Resurrection) he will meet Allah while He is angry with him.” Sayyidina Ash’ath said “This was about me. By Allah, indeed that was between me and a man among the Jews, a piece of land (that we held together). But, he disowned me. So, I took him to the Prophet who asked me, ‘Do you have a witness?’ I said, ‘No’. He asked the Jew to take an oath, but I interrupted, ‘O Messenger of Allah, he will take an oath and go away with my property’. On that occasion, Allah revealed --- “Surely those who barter Allah’s covenant and their oaths, for a small price” (3:77 to the end). [Bukhari 1176, Muslim 138, Tirmidhi 3007, Abu Dawud 3243, IM 2323, Ahmed 4049]
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H-1272 comprises of different matters that have already been addressed at other places in this booklet; see the previous note and also notes at H-1224 to H-1227; see also the note at H-1256. The next Hadith tells the importance of the sense of Good Morality that even if someone is able to do wrong with commitment to the law of the land without care to the other party, he must not do it. If he gets away with the wrong he does to somebody, he would surely have to face the torment for it at AKHIRAT; if someone is wrong then ultimately there is no chance to safety for him. The Holy Book Quran guides to this and gives the message that it is much better to understand the Truth now than to repent in AKHIRAT.
TOPIC 43-About what happens if buyer and seller dispute
(1274)-Sayyidina Ibn Mas’ud reported that Allah’s Messenger (PBUH) said, “When the two parties disagree, the word of the seller prevails while the buyer has option (to withdraw).” [Abu Dawud 3511, Nasai 4657, Ahmed 4444]
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TOPIC 44-About selling excess water
(1275)-Sayyidina lyas ibn Abdul Muzaniy said that the Prophet (PBUH) disallowed sale of water. [Abu Dawud 3478, Nasai 4670, Ibn e Majah 2476, Ahmed 17236]
(1276)-Sayyidina Abu Hurayra (RA) reported that the Prophet (PBUH) said, “Excess water must not be disallowed in order that thereby herbage may be prevented.” [Bukhari 2253, Muslim 1566, Nasai 5774, Ahmed 8328]
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The Hadith about difference of seller and buyer informs about the last option when there remains no chance of reconciliation with whatever proofs both the sides are providing in favor of their respective viewpoints; then the word of the seller prevails but the buyer would get the right to cancel the transaction then and there if the viewpoint of the seller is unacceptable to him. It is disallowed to sell the flowing water and this issue is addressed in H-1275 so when it flows through the land of some person, he would make sure that the water does not stop at his land; as it passes from its land, people might benefit from it and other lands also get their share. Note that it is not right to sell water when it is for personal needs; however, if a man has some well at his land with such stock of water that does not cause the flowing water any harm then if someone asks to buy the water from that reserve for business needs, it is allowed for him to sell it; the calculation of the quantity of water sold must be accurate or at least near to it so that the transaction does not become deceit causing some GHARAR by it. Also a man must not forbid animals to graze in his land for the grass (called herbage here) that grows by rain; he must not charge anything for the grazing of animals as due to it, he would take the blame on him of not providing the grass that actually is not his asset; however, he does have the right to prevent entrance to them when he has some valuable crops cultivated there.
TOPIC 45-Disapproval of payment; pairing male & female (animals)
(1277)-Sayyidina Ibn Umar reported that the Prophet (PBUH) forbade seeking of wages for pairing male and female (animals). [Bukhari 1134, Abu Dawud 3429, Nasai 4680, Ahmed 4630]
(1278)-Sayyidina Anas ibn Malik (RA) narrated that a man of Kilab asked Allah’s Messenger about hiring a male (i.e bull) to pair with a female (i.e. cow), but he forbade him. However, he said, ‘O Messenger of Allah, we leave the male (with the female) and people give us gifts. So he gave permission to receive that.
(1279)-Sayyidina Rafi ibn Khadij (RA) reported that Allah’s Messenger (PBUH) said, “The earnings of a cupper are bad, the remuneration paid to a prostitute is bad and the price paid for a dog is bad.” [Muslim 1568, Abu Dawud 3421, Nasai 4294, Ahmed 17259]
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TOPIC 46-About price paid for a dog
(1280)-Sayyidina Abu Masud Ansari (RA) said thatAllah’s Messenger (PBUH) forbade the price paid for a dog, remuneration paid to a prostitute and sweets (gifts) to a soothsayer. [Bukhari 2237, Muslim 1576]
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TOPIC 47-About earnings of a cupper
(1281)-Ibn Muhaysah, brother of Banu Harithah, reported from his father that he sought the Prophet’s (PBUH) permission to receive wages against cupping. He disallowed it. However, he did not cease to ask for permission till the Prophet said, “Use it to pay for the feed of the camel and food for the slave.” [Abu Dawud 3422]
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When some person needed his cow to conceive but he did not have a bull, there were people who used to provide the bull on some payment for some period of time. The Prophet (PBUH) prohibited taking this price though he did not disallow this practice; animals do not have much of moral sense and they are not MUKALLAF (answerable; expected to follow rules to avoid injustice and to avoid shamelful acts). However, if someone gave some amount without any force by his own will, he allowed taking that. About the sale of dogs, the point to note is that the dog that is allowed to keep (that is for hunting, for security of the cattle and watching the crop-fields), this type of dog might be sold or bought without any problem. The prohibition here is for the dog that is kept as a pet or just uselessly for play; transactions for such dogs are not allowed. Note that cupper means the person who used to cure people of different diseases by sucking-out blood from the site of affliction by his mouth. This needed force in sucking and it did make things better many times for the afflicted person so it was an accepted way of cure in those times but it did cause bad blood to fill the mouth of the cupper at times and that was not appreciable. The importance of understanding of Ahadith with good study comes clearly at fore at H-1279 where we find the mention of three remunerations; the remuneration of the cupper is MAKRUH-TANZIHI (that means it is not strictly avoidable though that work and the amounts it gets have some feature of dislike in it), the remuneration of a prostitute is HARAAM (that means it is totally forbidden as that work and its payment is extreme filth) and the rumeneration of selling dogs have two aspects; if they are sold for allowed matters then their sale and the amount received is MUBAH (allowed) and if they are sold for disallowed matters then there sale and the amount received is HARAAM (strictly forbidden); so three matters that are mentioned as forbidden here, they all have their own ruling and their own level of prohibition. Note that any amount given to or taken by the person that tells about the future is disallowed and this is how H-1280 guides; nobody knows the future so any claim to such knowledge is in itself futile. However, that person whom Allah gives some indication by dreams, he might know instantly about what the future holds by the power of interpretation that he has for it by the blessing of Allah; it is changeable towards better by keeping the attention only towards Allah; He Only is the True Authority; Al-Hamdu Lillah.
TOPIC 48-About permission to pay wages to the cupper
(1282)-Humayd narrated that I asked Anas (RA) about the wages of a cupper. He said, “Allah’s Messenger (PBUH) had himself cupped and Abu Taybah was the cupper. So, he commanded that two SA’ provision be paid to him and also recommended his masters to remit the Khiraj from him. And, he said that the best healing that you can adopt is cupping, or he said that the most excellent of your medicines is cupping.” [Muslim 1577]
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TOPIC 49-About dislike for the price paid for dogs and cats
(1283)-Sayyidina Jabir (RA) said that Allah’s Messenger (PBUH) disallowed the price paid for dogs and cats. [Abu Dawud 3479]
(1284)-Sayyidina Jabir (RA) reported that Allah’s Messenger (PBUH) forbade eating cats and (taking) their price. [AD 3480]
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TOPIC 50-No Caption
(1285)-Sayyidina Abu Huraryrah (RA) said that he (the Prophet) forbade the price paid for a dog except a hunting dog.
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Here at H-1282 we find that cupping is allowed and in fact at necessity, it is even appreciable if the cupper takes care that the blood he sucks does not enter his stomach; this tells us that the work is MAKRUH-TANZIHI that the person might take-up at necessity. Note that there are some of cures in the modern times that are not allowed to take even at some necessity; these mostly relate to genetics and to such features in cure which Islam takes as highly shameful. KHIRAJ means here the amount of money that the masters asked from their slaves to earn on daily basis and SA’ was the measuring unit for weights of that time equivalent to some 3.2 Kg of today. Ahadith at the topic-49 tell about the prohibition of sale of cats (and of eating them) too; the sale of cats is not strictly forbidden yet by the Ahadith here, it is better that they are presented in gifts rather than taken by business transactions; eating them certainly is disallowed. The last of Ahadith here tells that a person might sell the dog when it is for the need of hunting; here the matter has not been reported in full as a person might sell dogs that watch the cattle or watch the fields of crops without any problem as other Ahadith explicitly denote.
TOPIC 51-About disapproval of sale of singers
(1286)-Sayyidina Abu Umamah (RA) reported that Allah’s Messenger (PBUH) said, ‘Do not sell singing-girls, nor buy them, nor teach them (to sing). And there is no good in this business and the price paid for them is unlawful.” It is about like this case that this verse was revealed, “And of mankind is he who buys frivolous discourse” (31:6 to the end). [Muslim 2168]
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Note that Islam does not appreciate singing, dancing or any type of entertainment that relate to the performance of women in a mixed gathering. Dancing of women is one of the worst of things in view of Islam, especially when taken-up in open, though even their singing is not appreciable with whatever splendor they present their feat. As for the singing of men (but not dancing), note that with care about number of conditions, it is fine as some light entertainment (not making that routine in any way); singing for the man might even be a positive trait even in such gathering where few women are present (but with some seclusion). Besides the care for the decency in the gathering, the most important points to note for the singing of men are as follows. The first point to note is that words of songs must not challenge the Islamic Morals in any way (and the ordinary Muslims would decide this matter yet with total devotion to Islam). The second point to note in this respect is that singers, players of instruments and musicians must not be professional as their occupations to livelihood must be some other works while the music remains a pastime to them and to all those who enjoy music. The third point is that the music must be soft and not a rhythmic din of some kind (as the fast music is not appreciable in an Islamic set-up). The last point in these important ones for this matter is that instruments used for the songs must not be more than two because high number of instruments give the impression of the song being something professional and also breaks the rule of making the song just a presentation of the soft music. It is better if a computerized gadget that is able to provide different musical voices, is used for the song with the set-up of the tone for two musical instruments; this would fulfill the minimum requirement of the music (yin and yang) in the song that must remain soft in nature. Please note that other conditions too might be valid here though the level of their importance might vary; please note also that if musical instruments are kept aside, the singing of men does not bother even many of the conservative ULAMA. Though much strict in this issue, they might tolerate the decent singing of men to quite an extent (even with the two musical instruments) insha-Allah where there is no professionalism and no mixed musical concerts. The Holy Book Quran does not ban music in clear words but there is a verse that is taken to prohibit music though even that is not directly related to the matter (it is the sixth verse of Surah LUQMAN that is the thirty-first Surah, mentioned here in the narration at the topic). It tells about the evil of taking useless stories that the true knowledge would never appreciate; it descended about the man among infidels NADHR-IBN-HARITH who had bought some story books from Persia that narrated about Alexander and about the warriors of Persia; he had also bought a singing slave-woman who induced the Muslim men towards herself indecently. So, the verse tells of the negativity of accepting any fictious statements and of leaning towards the indecency of the singing women; when Muslims do avoid such negativity then the music (with care to its conditions) might become tolerable in the Islamic Environment. The whole universe is manifesting rhythm in its motion that Islam certainly appreciates and due to this, all must appreciate it. Note that there are Ahadith that show some reservation about music yet almost all of them are open to interpretation as prohibiting professional attitude towards the music (especially where the music related to the singing women as the singing of songs was generally confined to them only at those times); they do prohibit the total engagement in it taking it more than some form of relaxation as is evident even here in H-1286. As for the Cinema, please note that there would be no film industry in the Islamic Society as that violates much of the Islamic Morals though TV, when its channels are few only in number and they care for the teachings that Islam gives about good morality, might well operate in the Islamic Society with this low quantity and high quality. The Islamic Environment would put any restrictions on information only due to the Islamic teachings regarding morals; this certainly would not occur because of any censorship on the speech. We all must learn from each other but not let the Islamic Morals suffer as the Islamic Environment is highly particular to that and Allah knows better.
TOPIC 52-Disapproval to separate relatives while selling
(1287)-Sayyidina Abu Ayyub (RA) reported that Allah’s Messenger (PBUH) said, “If anyone separates a mother and her child then Allah will separate him and his dear one on the Day of Resurrection.”
(1288)-Sayyidina Ali (RA) narrated that Allah’s Messenger bestowed on me a gift of two slaves (who were) brothers. I sold one of them. So, he said to me, “O Ali, what did your slave do?” I informed him of that and he said repeatedly. “Bring him back, bring him back.” [Ibn e Majah 2249]
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TOPIC 53-Who finds defect in a slave he buys after some work
(1289)-Sayyidah Ayshah (RA) reported that Allah’s Messenger (PBUH) gave judgment that the defect found in a slave was offset by the profit derived from his work. [Abu Dawud 3508, Nasai 4497)
(1290)-Abu Salamah reported from Yahya ibn Khalaf who from Umar ibn Ali who from Hisham ibn Urwah who from his father who from Sayyidah Ayshah (RA) that Allah’s Messenger said, “The profit from everything offsets its defect.”
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Although slavery is an obsolete matter now yet we do get the message here that the Prophet (PBUH) was highly knowledgable in understanding of human emotions too. Slaves had rights but little at those times and care for them if any, could only take hold through the lenient attitude of their masters towards them so the Prophet (PBUH) tried to guide the people at lead to righteousness as much as possible. For the next Ahadith, note that at those times slaves had to earn money for their masters with whatever capability they had and these Ahadith tell that if a slave had such defect that it had to be returned to the seller, his earnings for his master (the buyer) are not returnable; it is then compensation that benefits the buyer for the defect that the slave had and for whatever he had spent on him when he was in his custody. Neither the seller pays back anything more than the price he had taken for the slave nor the buyer gives anything else than the slave in return; and so the buyer keeps all the earnings of the slave which he had earned while at his custody.
TOPIC 54-About permission to one who passes by the fruit
(1291)-Sayyidina Ibn Umar (RA) reported that Allah’s Messenger said, “He who goes into a garden is allowed to eat its fruit, but he cannot gather them in anything.” [Ibn e Majah 2301]
(1292)-Sayyidina Rafi ibn Amr (RA) narrated, “I hit stones on the date trees of the Ansar. They came and caught me and took me to the Prophet. He said, ‘O Rafi way did you pelt stones at their palm-trees?’ I replied, ‘O Messenger of Allah, I was hungry’, so he said, ‘Do not throw stones. Eat that which is lying down. May Allah satiate you and quench your thirst’.”
(1293)-Amr ibn Shu’ayb reported on the authority of his father from his grand father that the Prophet (PBUH) was asked about dates on plam-trees. He said, ‘If a needy person passes by them and eats them without collecting them then there is no harm.” [Abu Dawud 1710, Nasai 2490]
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TOPIC 55-About disapproval to allow exception in bargain
(1294)-Sayyidina Jabir (RA) reported that Allah’s Messenger (PBUH) forbade Muhaqalah, Muzabanah, Mukhabarah and Thunya, unless it was known (how much it is). [Bukhari 2119, Muslim 1539, Nasai 3879, Ahmed 4882]
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It depends on the usual practice of the area that might allow a person to eat from the fruits that fall from the trees and where such custom prevails, there in no harm in taking the fallen fruits without asking anyone. It seems that this was customary at those times at Madinah, at least for most gardens, and the reason RAFI was caught was that he was throwing stones at trees to make the fruits fall; that was not allowed. Where the custom does not allow such practice of taking the fallen fruits, there all persons should strictly avoid it as that might cause unnecessary quarrels. When the date is on trees, it is not right to sell it taking the same fruit by weight in return; this is called MUZABANAH. Likewise it is not allowed to sell wheat that is not yet cut in exchange of wheat that is cut taking that by weight; this is called MUHAQALAH. The other two things that are prohibited here are MUKHABARAH and THUNYA; the former means to share the crops of a land giving that to a man to cultivate in some specific ratio while the latter means to give the field on rent expressing without specifying the trees that besides the rent, the fruit at couple of trees would also be his; but in this latter issue if trees are specified and the man taking it on rent agrees to it then the transaction is fine. Note here for MUKHABARAH that it is taken only as MAKRUH-TANZIHI as such transactions have been tolerated by the Prophet (PBUH); in the land of KHAYBER, he made this deal with Jews that whatever produce is received from the cultivation of the land, it would be shared half & half, both sides sharing equally. However, the specification of a particular piece of the land by the owner, that the produce here would be his share, is not allowed. Also, if he fixes an amount of produce and not the ratio of the total then that also is not allowed; example for this prohibited transaction would be that the owner of the land asks the cultivator to give 10000 kg of the produce to him and the rest the cultivator could keep for him-self; note that this is not taken as rent here but relates to MUKHABARAH; as such, this becomes the transaction that causes GHARAR and is disallowed.
TOPIC 56-Disapproval of selling grain before possession
(1295)-Sayyidina Ibn Abbas (RA) reported that the Prophet (PBUH) said, “He who buys grain must not sell it before he gets possession of it.” Sayyidina lbn Abbas said. “I think it applies to everything of this kind.” [M 1525, AD 3496, N 4609, Ah 3481]
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TOPIC 57-Disapproval to make an offer against brother’s offer
(1296)-Sayyidina Ibn Umar reported that the Prophet (PBUH) said, ‘None of you must sell at a lower price what is offered by another. And none of you must propose marriage to a woman when another has done so.” [Bukhari 2139, Muslim 3436, Nasai 4510, Ibn e Majah 2171, Ahmed 4531]
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TOPIC 58-About selling wine and prohibition to do that
(1297)-Sayyidina Abu Talhah (RA) narrated that he said, “O Prophet of Allah, I had bought wine for the orphans under my care.” He said, “Pour out the wine and smash down the jars.” [Abu Dawud 3675, Ahmed 12190]
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We have previously studied the matter narrated at the topic-56 here and for that the note at the topic-19 of this booklet would suffice insha-Allah. For H-1296, note that it is not allowed for a person to ask someone to end the transaction that has already been finalized; even if the transaction is at the final stage, the same ruling applies that he must not intervene in the matter and wait for the transaction to end in positive or negative then if the matter remains open, he might bid as the buyer there. The last hadith (1297) here condemns the usage of the wine in any manner as it is totally HARAM (see also H-1298 and H-1299 ahead); note that according to the specification of ABU-HANIFA about the wine (that is especially related to dates and grapes to him and other of things that intoxicate have some detail in his viewpoint), there is some margin to use alcohol in medicine where necessary and in chemicals used in industries where works on cloth is taken-up (notably the textile industry) where necessary; so its sale and purchase by this intention of use at such necessities is allowed in view of the school he leads though other IMAMS do have much reservation to that; by the viewpoint of HANAFI-School, if the seller of cocaine is totaly certain that it would be used in medicine only, he is allowed to sell it for such use yet that sale is highly specific so if someone finds any doubt that the buyer might consume it just for the relaxation of mind, he is totally forbidden to sell it to any of such buyers.
TOPIC 59-Prohibition to prepare vinger from wine
(1298)-Sayyidina Anas ibn Malik (RA) reported that someone asked Allah’s Messenger (PBUH) if he could prepare vinegar from wine. He said ‘No.’ [Muslim 1983]
(1299)-Sayyidina Anas ibn Malik reported that Allah’s Messenger (PBUH) cursed ten man concerning wine. (1) One who extracts it; (2) One who gets it extracted; (3) One who drinks it; (4) One who delivers it; (5) One to whom it is brought; (6) One who serves it; (7) One who sells it; (8) One who receives its price; (9) One who buys it; (10) One for whom it is bought. [Ibn e Majah 3381]
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TOPIC 60-Milking animals without permission of their masters
(1300)-Sayyidina Samurah ibn Jundub (RA) reported that the Prophet (PBUH) said, “If you come to a herd of animals and their owner is present then seek his permission. If he gives permission then milk (the animal) and drink it. But, if there is no one then call out three times and when someone answers, seek his permission. If no one answers you then milk the animal and drink but do not carry any milk away.” [Abu Dawud 2619]
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TOPIC 61-About selling hide of dead animals and idols
(1301)-Sayyidina Jabir ibn Abdullah (RA) narrated that he heard Allah’s Messenger say in the year of conquest (of Makkah) while he was at Makkah, “Indeed, Allah and His Messenger have forbidden the sale of wine, dead animal, swine and idols.” Someone asked. “O Messenger of Allah! What do you say about fat of dead animal, for it is used to coat and plate ships and anoint skins, and people light lamps with it.” He said, “No, that is unlawful.” He added thereafter, “May Allah destroy the Jews! Allah made unlawful for them fat, they melted it and sold it and consumed its price.” [Bukhari 2236, M 1581, AD 3486, N 4669, Ibn e Majah 2167, Ah 14479]
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The ruling to drink the milk of she-goat at the travel is the same as noted at the topic-54 that we have studied just recently. Not only with the permission of the owner (that was not much difficult to get for travelers in those days due to an environment of care among people for the travelers generally), but also when someone had given the call for the attention of the owner, three times at-least, he was allowed to milk the she-goat and use the milk then & there; the custom that prevailed allowed it whether he got the permission by the call or not. However, where such custom does not prevail, the man must better hold himself back from taking-out the milk unless permitted even if he is needy. As for H-1301 narrated by JABIR (RA), there are four things that are prohibited to take in sale or purchase; we have studied about the wine in the previous note and the notable point here is that the trade in the parts of dead animals (that die naturally or by accidents except for fish when in good shape), the trade in swines and the trade in idols is also HARAAM.
TOPIC 62-About disapproval to take back a gift
(1302)-Sayyidina Ibn Abbas (RA) reported that Allah’s Messenger (PBUH) said, “Not for us is the evil example of one who takes back his gift, being like a dog that returns to its vomit.” [Bukhari 2621, Muslim 1622]
(1303)-Sayyidina Ibn Umar reported that Allah’s Messenger (PBUH) said, “It is not allowed for anyone to take what he has given as a gift except for the father who can take from what he has given to his son.” Muhammad ibn Bashhar reported from Ibn Abu-Adi and he reported from Husayn ibn Muallim and he reported from Amr ibn Shu’ayb and he reported from Tawus who reported it from Ibn-Umar and Ibn-Abbas. [Abu Dawud 3539, Nasai 3692]
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TOPIC 63-About al-Araya and its permissibility
(1304)-Sayyidina Zayd ibn Thabit (RA) reported that the Prophet (PBUH) disallowed Muhaqalah and Muzabanah, but allowed those worthy of al-Araya to sell by estimate (that is, the fruit on the tree against the plucked ones by estimate). [Bukhari 2183, Muslim 1539]
(1305)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) allowed the sale Araya less than five wasaq by estimate or something like that. [Bukhari 2190, Muslim 1541, Abu Dawud 3364, Nasai 4543]
(1306)-Sayyidina Zayd ibn Thabit reported that Allah’s Messenger (PBUH) allowed Araya-sale by estimate. [Bukhari 2184, Muslim 1539]
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TOPIC 64-More about it
(1307)-Walid ibn Kathir reported from Bashir ibn Yasar, the freed man of Banu Harithah that Rafi’ ibn Khadij and Sahl ibn Aku Hathmah narrated to him that Allah’s Messenger forbade sale Muzabanah - fruit (on trees) against fruit (on the fields, plucked from trees) except to the deserving of Araya, for, he had permitted them. And, he forbade exchange of fresh grapes with dried grapes and all fruit on estimation. [Muslim 1540]
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It is not right to take back something that is given to someone as a gift though SHAFA’I does allow taking back of the gift given to the son by the father (due to the other Hadith narrated here) if he wills. We have studied MUZABANAH and MUHAQALAH but here we find the matter of ARAYA (that means the exchange of some fruits that are at trees which had been given as gifts, by some fruits that are at hand); this is mentioned as allowed. There is difference in taking the meaning of ARAYA between IMAMS as SHAFA’I and even AHMED take it to mean such type of MUZABANAH that is allowed upto 5 WASAQ (that was the unit of measuremet at that time); this means that a man is allowed to sell fruits on trees (especially that man who has got that as gift from the owner of the land) upto 5 WASAQ against fruits that are cut and ready to eat. Note that one WASAQ was then a unit of measurement (weight) equal to 60 SA’ and as SA’ comes to 3.2 Kgs as of today, WASAQ was equivalent to 192 Kgs (60 X 3.2) and here ARAYA has been allowed for 960 Kgs (192 X 5). MALIK says that if someone who owns a garden gives fruits of some specific trees or of one specific tree to someone as gift to him then it happens that the man (who received it) stays around that garden with his family as fruits ripen getting them according to his needs at daily basis; now, the owner feels uneasiness in his work there due to his presence there (or his family feels uneasiness due to his visits at the garden time and again), so according to MALIK the owner might give him ripe cut fruits against the fruits at trees that he had gifted him; this is ARAYA, a form of MUZABANAH. As for ABU-HANIFA, he agrees to MALIK with the difference that this is compensation for the man (who had been gifted the fruits) while MALIK takes this as a business-transaction between the owner and the receiver; this difference is in words only for the issue while practically they both address ARAYA in the same meaning.
TOPIC 65-About disapproval for Najash
(1308)-Sayyidiria Abu Hurayrah (RA) reported that the Prophet said; and Qutayabah also said that he learnt of it from the Prophet PBUH; “Do not practice Najash.” (Bukhari 2150, Muslim 1515]
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TOPIC 66-About weighing down the scale
(1309)-Sayyidina Suwayd ibn Qays (RA) narrated that I and Makhrafah Abdi brought cloth from Hajar. The Prophet (PBUH) came to us and struck a deal for trousers (lower garment). I had hired a man to weigh. The Prophet said to the man, “Weigh and tilt the scale.” [Abu Dawud 3336, Nasai 4606, Ibn e Majah 2220, Ahmed 19120]
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When a transaction among two sides is in progress and someone intervenes and bids a better price than the buyer there (not actually for buying the commodity but for the sake of providing material benefits to the seller) tricking the buyer there into raising his bid, this approach is called NAJASH; it certainly is prohibited. This is GHARAR as it benefits the seller by cheating of the transaction and needs avoidance. As for weighing, this certainly is a delicate matter as it is most necessary not to weigh lesser than what the buyer has paid for; so the Prophet (PBUH) guided that the better thing is to weigh the commodity somewhat more than the payment; the narration denotes that even some of garments were weighed at those times and the manual scale was in the general usage for weighing commodities; it would tilt more towards the goods that are weighed so that there remains no chance of the goods being any lesser than the quantity taken; Al-Hamdu Lillah.
TOPIC 67-About showing leniency to the hard-pressed debtor
(1310)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger said, “If anyone gives respite to his hard-pressed debtor and also forgives part of his debt then Allah will give him shade under his Throne on the Day of Resurrection, the day when there will be no shade except its shade.’
(1311)-Sayyidina Abu Mas’ud (RA) reported that Allah’s Messenger (PBUH) said, “A man belonging to an Ummah that preceded you was subjected to reckoning but nothing of good was found in his account except that he was an affluent man who had dealings with people. He had commanded his slaves to condone (the debt of) a hard-pressed. So Allah said, “We are more deserving of that, so He forgave him.” [Muslim 1561, Ahmed 17082]
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TOPIC 68-Delayed repayment of debt by a rich person is unjust
(1312)-Sayyidina Abu Hurayrah reported that the Prophet said, “Delay by the rich (in repaying debts) is injustice to someone (and it is to oppress him). And, if one of you is directed to a rich person then he must go (and recover from him).” (This is explained as a transfer of debt by the debtor to his own debtor who is rich, so the creditor must approach him). [Bukhari 3287, Muslim 1564]
(1313)-Ibn Umar (RA) narrated that the Prophet (PBUH) said, ‘Delay by the rich is unjust. When one of you is referred to a rich person then he must go. And he must not interfere between two (bargaining) parties with his quotation.’
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Islam places high value on the care about fellow-beings; Ahadith at the topic-68 tell that if there is some liability on a rich person for the man who is weak financially, he must not delay his payment for it is highly necessary to value needs of others; if that needy person asks someone (who is good at bargain or equally strong financially as the rich person that is his debtor) for loans against the amount he is liable to get from the rich person, he must not turn down the request of the needy person (though he has the option by ADL to reject it); this person who has extended the loan to the needy would deal with his rich debtor on his behalf to get his amount of money in the settlement of the loan he has extended to him; it is the transfer of the debt taken by the needy person to his own debtor who is rich; his creditor would approach his debtor. Please note that neither the needy man nor the man allowed to bargain for him with the rich man is allowed to take any more than the amount recievable by any name, as that would be interest. Islam does not appreciate the concept that the money at hand must bring more money so it does not increase it due to the adverse character of the rich man but it asks all Muslims to live within necessities here trying to gain as much good deeds as possible for AKHIRAT (true life after this life); this actually is the only true success in the view of Islam and not the accumulation of the worldly assets. H-1310 and H-1311 tell what Islam asks of those who have the opportunity to go for EHSAAN (good natural tendency towards humanity) to fellow-beings; it is to take up the attitude based on that instead of asking for ADL (matters according to the law). His lenient attitude based on EHSAAN even in business transactions would provide the ease to all peoples at the Islamic Environment weaker than the average man financially while that leniency might bring the blessing of Allah for him; he must however have total belief in Allah as the Only True Authority and in AKHIRAT and in the certainty that Allah guides all peoples by His Messengers; Al-Hamdu Lillah. Note that TORAH (as Allah gave it initially to Moses, Salam on him) inclined towards ADL as it is based much on commands making temperaments incline towards the law while the New Testament (the sensible words at its four books only that are the narration for the wise teachings of Jesus Christ, Salam on him) inclined towards EHSAAN as they ask to care for humanity making temperaments incline towards the humane aspect of the life much. The Holy Book Quran that descended on the Prophet Muhammad PBUH, the last Messenger of Allah (and its words came in such way from Allah to him through angel JIBRAEL that the Prophet recited them orally and afterwards dictated those to scribes), is sacred both in words and meanings as the perpetual recitation of its words even, also records high virtues in the document of deeds. The Prophet (PBUH) had JALAAL (fury in attitude for the betterment of the people around) like Moses, SALAM on him, and JAMAAL (calmness in attitude for the betterment of the people around) like Jesus Christ, SALAM on him. Surah NAHAL says, “Surely Allah enjoins the doing of ADL (justice) and the doing of EHSAAN (goodness to others) and the giving to the kindred, and He forbids indecency (all shameful acts) and evil (all unjust acts) and rebellion (taking anyone equal to Allah in authority); He admonishes you that you may be mindful” (16:90).
TOPIC 69-About the sale Munabadhah and Mulamasah
(1314)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) forbade the transactions under Munabadhah and Mulamasah. [Bukhari 268, Muslim 1511]
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TOPIC 70-To pay in advance for grain and dates
(1315)-Sayyidina Ibn Abbas (RA) reported that when Allah’s Messenger (PBUH) came to Madinah, the people of Madinah used to pay in advance for dates. So he instructed, “If anyone receives advance payment then it is necessary to specify the weight or measure and the time of delivery.” [Bukhari 2239, Nasai 1604, Abu Dawud 3463, Ibn e Majah 2280, Ahmed 2458]
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There was a custom at the market in those days that when the seller wanted to finalize the deal at hand, he used to throw his commodity towards the buyer (that was MUNABADHAH) or he just lifted-up the commodity in his hand (that was MULAMASAH) and these gestures become signals that the deal is finalized. There was an element of doubt here because if the seller took these gestures absent-mindedly, it caused GHARAR at the transaction (especially if the buyer was harsh uncaring person) so the practice was prohibited. Note that sometimes MULAMASAH included a lottery-system too that the seller kept bags of commodities and against the payment the buyer made, he randomly touched a bag and whatever was there, the buyer got that without care to the value it might have; there was an extreme GHARAR at this deal so this deal also was forbidden. Advance payments might be taken for commodities that are weighed or measured (and the transaction is named as SAL-AM) yet the care should be taken that the commodity in the deal does not have much varieties (that might cause doubt what was the type of the commodity in the transaction initially at its order) so that no GHARAR (or any other form of DHARAR) takes place; the transaction should keep near to its sample that was provided initially and it is notable that ABU-HANIFA does not allow SAL-AM for animals (due to their difference with each other even if they belong to the same species) though SHAFA’I, and even AHMED, does not mind even such transactions in SAL-AM.
TOPIC 71-If a partner wishes to sell his share in a land
(1316)-Sayyiidinaa Jabir ibn Abdullah reported that the Prophet said, “If anyone owns a share in a garden then he must not sell his share in that without informing his (other) partner(s).” [M 1608]
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TOPIC 72-About Mukhabarah and Mu’awamah
(1317)-Sayyidina Jabir (RA) reported that the Prophet (PBUH) forbade transactions (known as) Muhaqalah, Muzabanah, Mukhabarah and Mu’awamah but permitted Araya. [Bukhari 2189, Muslim 1536]
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Our study took up some detail for transactions that are named as MUHAQALAH, MUZABANAH and MUKHABARAH at H-1294 (topic-55) and we studied ARAYA at H-1307 (topic-64). As for MU’AWAMAH, this was the transaction that a man sold his land’s produce that would come for couple of years ahead or for even more to someone; neither the produce has appeared nor has it come in his possession; so this transaction named as MU’AWAMAH was disallowed due to the highest chance of GHARAR in it. H-1316 tells that even if a person wants to sell his own share in some land, he must inform his partner about that and it is not right to sell the share without his consent; he needs to present it to the partner first who might buy it at the value that he is liable to get at the market or at the value they both agree.
TOPIC 73-No Caption
(1318)-Sayyidina Anas (RA) reported that the price increased in the times of Allah’s Messenger (PBUH). They pleaded, ‘O Messenger of Allah! Do fix prices for us’. He said, “Indeed, Allah is the One Who fixes prices, Who withholds, Who bestows and Who gives provision. And I hope that I meet my Lord in such a condition that none of you has a demand over me for an injustice regarding blood and property.” [Abu Dawud 3451]
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TOPIC 74-About adulteration
(1319)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) passed by a heap of grain. He put his hand into it and his fingers detected some dampness in it. He asked, ‘O owner of the provision, what is this?” He said, “O Messenger of Allah, it is from rain from the sky. He said, “Then why did you not put it on top of the heap of grain that people might see? He added, “He who deceives is not one of us.” [Abu Dawud 3452]
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Although Islam accepts LAISSEZ-FAIRE for the market yet that is with some necessary reservation; Muslims have to care at all times and at all places that they are Muslims as H-1318 also points out; I, MSD, had remarked previously that if the market is turning to imperfection causing high trouble to consumers due to the lack in the quantity of commodities there or due to the lack in the quality of the buying ability of consumers there (mostly due to the inflation that causes the imperfection to the market), the Government that cares about Islamic Values does have the right to increase the supply of basic necessities by administrative measures and set prices for the basic necessities by administrative measures (that is named as TAS’EER) for the time-being; it should never become a permanent measure at the market because this matter relates to the well-being of the people in such crucial manner that the administration is not liable to inferfere in that. The next Hadith here points out well that all aspects of commodities that are presented for sale at the market have to be kept in front of consumers and things would sell more by honesty that is the best policy rather than by such methods that amount to cheating the consumers; Al-Hamdu Lillah.
TOPIC 75-About borrowing a camel or any other animal
(1320)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) borrowed a young camel. When repaying, he returned a better camel young in years. He said, “The best of you are they who repay debts in an excellent manner.” [Bukhari 2305, Muslim 160]
(1321)-Sayyidina Abu Hurayrah (RA) reported that a man demanded repayment of his loan from the Prophet and was rude in his demand. The Sahabah (RA) became annoyed at that, but Allah’s Messenger said, “Leave him alone, for the owner of a right may speak. Buy for him a camel and give it to him.” So they sought one, but could not find save one of better age than his. He said, “Buy it and give it to him, for, the best of you is he who excels over others in repaying his debt.”
(1322)-Sayyidina Abu Rafi the freed man of Allah’s Messenger narrated that Allah’s Messenger (PBUH) borrrowed a young camel. Afterwards, when he received some camels of Zakah, he commanded me to repay the man his young camel. So, I told him that I could not find a camel except one with four teeth, better than the man’s. He said, “Give it to him, for, the best of men is he who repays his debt in the best manner.” [Muslim 1600, Abu Dawud 3346, Nasai 4617, Ibn e Majah 2285]
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TOPIC 76-No Caption
(1323)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, “Indeed, Allah loves politeness while selling, politeness while buying and politeness in repayment of debt.”
(1324)-Sayyidina Jabir reported that Allah’s Messenger said, “Allah forgave a man who lived before you because he was mild when selling, mild when buying and mild when demanding repayment.” [Bukhari 2076, Ibn e Majah 2203, Ahmed 4664]
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TOPIC 77-It is disallowed to buy and sell in a mosque
(1325)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger said, “When you see a man selling or buying in a mosque, tell him ‘may Allah not make your business profitable’. And, when you see anyone announcing loss of something (related specifically to him only), tell him ‘May Allah never return it to you’.”
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It is notable here that ABU-HANIFA does not allow borrowing animals while AHMED and SHAFA’I do not mind that. The HANAFI-School answers to Ahadith at the topic (that the Prophet-PBUH borrowed a camel and then returned the better one) that this happened before the prohibition of RIBA (Interest) as there could never be any equality between the animal taken and the animal returned. With the Hadith mentioning that the return was better and it is allowed for the borrower to pay the debt better than taken, there certainly is no problem in borrowing of camels so the stance of other IMAMS is better. The next topic tells about the politeness in the business dealing and the man with soft dealing that is mentioned here is the same one probably that was referred at the narration at 1311. The last Hadith tells about the prohibition of business transactions at the mosque in strict words as the mosques are for the remembrance of the name of Allah only; this includes discussion about the spread of true guidance too so that people come more and more in quality and even in quantity towards the obedience of Allah. Due to this Hadith, many ULAMA do not appreciate announcements that sometimes are made for any of missing persons of the neighborhood from the mosques though some ULAMA do allow that and note that anything that has been lost at the mosque, it is allowed to announce for that too at the mosque. Note also that the Hadith here is prohibiting specifically the business transactions only so the stance taken by the latter is better (as the matter is not related to business transactions); any announcement that asks for the alleviation of some troubles from Muslims in general is quite well from the mosque and it certainly is valid; Al-Hamdu Lillah.
15- BOOK OF JUDGEMENTS (42 topics)
TOPIC 1-About the Qadhi as transmitted from Allah’s Messenger
(1326)-Abdullah ibn Mawhib reported that Sayyidina Uthman (RA) said to Sayyidina Ibn Umar (RA), ‘Go and judge between people.’ He said, ‘Will you not excuse me from it, Amir-ul-Mu’mineen?’ Uthman said, “Why do you detest it while your father used to judge?” He said, “I have heard Allah’s Messenger say, ‘He who is a judge and judges with justice, then it is hoped that he will just manage to get over (on the Day resurrection)’, so shall I entertain hope even after that?” The narration is lengthier than reported here.
(1327)-Ibn Buraydah narrated on the authority of his father that the Prophet (PBUH) said, “The judges are of three kinds, two of whom will go to hell and one to paradise. A man who judges against (what is) right knowingly is the one to go to hell, and a judge who knows not and so violates the rights of people is the one who (too) will go to hell. And a judge who gives judgement according to (what is) right will go to paradise.”
(1328)-Sayyidina Anas ibn Malik (RA) reported that Allah’s Messenger (PBUH) said, “If anyone applies for the office of Qadhi (Judge) then he is left to himself (and Allah does not help him), but if anyone is compelled to this office then an angel comes down to guide him (away from error).” [Abu Dawud 3578, Ibn e Majah 2309, Ahmed 12185]
(1329)-Khaythama who was of Basra repoted from Sayyidina Anas (RA) that the Prophet said, ‘If anyone craves for the office of judge and seeks to be recommended for it then he is left to tend for himself (and does not get Divine help). But if someone is coerced into this office, then Allah sends down to him an angel who directs him (to help him).”
(1330)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger said, “If anyone is appointed to the office of Qadhi (or made a Qadhi over people) then he is slaughtered without a knife.”
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After the booklet of Business Transactions, respectable TIRMIDHI has brought the book of judgments; the sequence denotes that the adversities of dealings in business and in fact in all matters are minimized highly if the system of justice at the place is wonderful. The very first topic here has Ahadith that tell us that a Muslim person must not ask for the position to judge and specially note the words at the last of these Ahadith here at the topic that if anyone is appointed to the office of QADHI (Judge that is appointed by the Islamic Government; the man of justice who is asked by common men to give rulings keeping to Islamic Values) then he is slaughtered without a knife. MUFTI, the man among ULAMA of repute who has the ability to provide a verdict keeping to Islamic Values about some matter seeing all its aspects by Islam, is also QADHI in a sense yet he does not have the authority to put his verdict in practice and so his verdict enjoys application at the level of EHSAAN. Note that to end injustice for which men are much more responsible than women, it is necessary to practice Islamic Commands by ADL and insha-Allah that would take place as Allah would not leave people in the way they are when there are many such people who do need and would accept Guidance when it comes to them. However, matters of shameful nature would insha-Allah end even at the level of EHSAAN by the decency of women who adhere to good traditions of Islam; we Muslims must spread the teachings of Islam far & wide so that all persons avoid matters of shameful nature; issues are complementary here and if one side adheres well to goodness, the other side would insha-Allah come to it soon; Al-Hamdu Lillah. Note the point of importance here that if capable persons that judge well according to Islam are available at office, it is better for some other capable persons that are not at office to stay put and not let anyone view them for the office. But if the situation is bad, with only few understanding people to stand for Islamic Justice that are much lesser than needed, then he must present himself for the task and face whatever comes. This is especially so if the unworthy people come to high official status so there must necessarily be some good resistance with as much leniency as possible without competing for worldly benefits. In fact the first option is to make the unworthy people worthy to stand for Islamic Values as a poet says in Urdu that when these (unworthy) lights burn, then only there would be light around. However if there seems no chance for that then Muslims, who do care about Islam, must try to spread Islamic teachings clearly in such ways that the worthy people do stand-up and rise to see to the safety of Islamic Values. YOUSUF (AS) who is called Joseph the son of Israel told the Pharoah to appoint him at the head of treasury and that was totally fine at the situation he was facing in Egypt where he alone could have managed the official matters well; see Surah YOUSUF, the twelfth Surah, verses-54 to 57.
TOPIC 2-About likelihood of a Qadhi being correct or wrong
(1331)-Sayyidina Abu Hurayrah reported that Allah’s Messenger (PBUH) said, “If a ruler endeavours to be just when giving a command and emerges correct then he gets a dual reward (one for securing the due of the owner of right and the other for his endeavour). But if he does not emerge correct then he gets (just) one reward (nevertheless).” [Bukhari 7352, M 1716, AD 3574, Ibn e Majah 2314, Ah 17789]
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TOPIC 3-How may a Qadhi decide
(1332)-Sayyidina Mu’adh (RA) reported that (when) Allah’s Messenger sent him to Yaman, he asked him how he would decide (cases). He said, “I will decide in accordance with Allah’s Book (the Qur’an).” He asked, “What, if it is not in the Book of Allah?” He said, “Then according to the SUNNAH of Allah’s Messenger.” He asked, “And if it is not in the SUNNAH of Allah’s Messenger?” He said, “I will make Ijtihad through my judgemenet.” The Prophet said, “Praise belongs to Allah Who has made the messenger of the Messenger of Allah consistent with what pleases him.” [Abu Dawud 3592, Ahmed 22161]
(1333)-Muhammad ibn Bashhar reported from Muhmmad ibn Ja’far and Abdur Rahman ibn Mahdi and both of them from Shu’bah who from Abu-Awn who from Harith ibn Amir, nephew of Mughirah ibn Shu’bah, from people of Himms from Mu’adh who from the Prophet (PBUH) a Hadith like that in Marfu’ form.
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When a person is at a position to judge and give verdicts officially, he must take utmost care to keep to Islamic teachings in that. Then, even if he errs, he would get reward on his efforts and the endeavor he makes for rightness. The next Hadith that is narrated by MU’ADH is one of the most quoted Ahadith in scholarly discussions as it addresses how to understand Islamic Commands. Although weakly narrated, it becomes reliable as it has been narrated by another chain of narrators too and as a rule that strengthens the narration; it also has been accepted unanimously. The first thing for taking the Islamic Commands is of-course the Holy Book Quran that Allah has descended upon the Prophet Muhammad (PBUH), the last Messenger of Allah, and through him it has reached to all the peoples of all the times ahead and of all the places; it is the message of Allah to all human-beings. Second comes the SUNNAH, the sayings and the deeds of the Prophet (PBUH), and taking that also is to fulfill the commands of Allah; it is said in Surah NISA, “Whoever obeys the Messenger, he indeed obeys Allah, and whoever turns back, so We have not sent you as a keeper over them” (4:80). However his SUNNAH would be understood through masters that have given length of time for the study of Ahadith mostly recorded in books that are taken as highly reputable in the compilation of Ahadith. Third is IJTIHAD that is the judgment with detail by the highly knowledgeable Muslim person (amongst the most esteemed ULAMA of Islam) who makes it in a matter open to debate; his judgment strictly comes about upon the basis of the most high study of the Holy Book Quran and of SUNNAH based on Ahadith (as clarified by persons adept in its understanding who are called FUQAHA and four of them are taken in most high esteem that are MALIK, AHMED, SHAFA’I and ABU-HANIFA). So IJTEHAD is the judgment based on highly skilful study of Islam and as such it is a matter that is related to Subject (the person that must be highly learned in Islam) and Object (the matter that is open to debate but IJTEHAD becomes acceptable generally only when IMA’ i.e. consensus of reputable ULAMA in most high number takes place on it else it is only binding upon the person who makes such IJTEHAD and those who accept it for their practice upon Islam). So IJTEHAD means “the high intellectual contention of some MUJTAHID on some issue open to debate by the Islamic Teachings, to the utmost level of his capability pondering on the KITAB (the Holy Book Quran) & the established SUNNAH of the Prophet PBUH to get the Command and achieving it well by that wonderful effort (due to the permission of Allah) for the issue in consideration (open to debate) in which he considers ‘most probably’ is the pleasure of Allah, with total love for Him and for His Prophet PBUH inside his heart”. Some ULAMA take the Hadith here as reasoning to take the following of some specific person so as to practice Islam; but the point to note here is that to obey MUADH was actually included in the obedience to OOLI-AL-AMR (persons at authority when they do not command anything against Islam); it is not any reasoning for TAQLID-SHAKHSHI (following of any specific person in issues of life to practice Islam other than Muhammad PBUH, the last Messenger of Allah).
TOPIC 4-About a just Imam
(1334)-Sayyidina Abu Sa’eed (RA) reported that Allah’s Messenger (PBUH) said, “The dearest of men to Allah and the nearest to Him in station on the Day of Resurrection will be a just Imam. And, the most hated of all men to Allah and the farthest of them from Him in station will be an oppressive Imam.” [Ahmed 11174]
(1335)-Sayyidina Ibn Abu Awfa reported that Allah’s Messenger (PBUH) said, “Allah is with the Qadhi as long as he is not unjust. When he becomes tyrannical, Allah separates from him and the devil attaches to him.”
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IMAM means a person that is at the head of matters of any kind relating to guiding the people according to Islam and so the ruler of Muslims is termed as IMAM, the Muslim person representing Muslims at some level officially by their acceptance is named as IMAM (this includes the QADHI and even the MUFTI), the guides in FIQH (Islamic Jurisprudence) are called IMAM and the leader who leads the SALAH at the mosque is also IMAM; though this last one is the most common usage for the word, all these IMAMS are addressed in the Hadith here at the topic. The position of the IMAM in all cases is very delicate for if he errs in his decisions even by all his good efforts to reach the better verdict according to Islamic Teachings, his error might cause misrepresentation of the Islamic Commands to the level of his status and if such happens to take place, it is necessary for those who also are at the position of IMAM at some level to see that this error does not go unchallenged. Today when mostly the rulers and judges are uncaring about the Islamic Teachings in practice and much unaware of its commands at issues of life, these are not the IMAM truly by Islamic terminology (so insha-Allah their decisions would never cause to misrepresent Islam); however, as their decisions are applied practically in general as of now, we have such environment which often becomes quite challenging to Islamic Values; the good practicing Muslims would have to see sooner or later that the situation turns practically into favor of Islam by whatever good efforts they are able to manage without taking-up aggressive measures and most certainly Allah would assist them in all good efforts; Al-Hamdu Lillah.
TOPIC 5-Qadhi must not pronounce verdict before hearing all
(1336)-Sayyidina Ali reported that Allah’s Messenger said to him, “If two people bring to you a dispute then do not judge for the first until you have heard the disposition of the second. So, soon you will know how to decide.” Sayyidina Ali said, “I did not cease to be a Qadhi after that.” [Abu Dawud 3582, Ibn e Majah 2310, Ahmed 535]
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TOPIC 6-About the ruler of the people
(1337)-Sayyidina Amr ibn Murrah (RA) said to Mu’aviah that he heard Allah’s Messenger (PBUH) say, “If a ruler shuts his door to the needy, the helpless and the poor then Allah shuts the doors of the heaven to his (the ruler’s) helplessness, need and poverty.” So, Mu’aviah appointed a man to look into the needs of the people. [Ahmed 18055]
(1338)-A Hadith of the same meaning is reported by Ali ibn Hujr from Yahya ibn Hamzah, from Yazid ibn Abu Maryam, from Qasim ibn Mukhaimirah, who from Abu Maryam (that is Amr ibn Murrah) that is a Sahabi.
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Although MU’AVIAH did make few positive decisions as the ruler of Muslims yet some of his actions do depict him as most liable to blame by the Islamic viewpoint; these include his discreditable challenge to ALI (who was among the most early Muslims and the son-in-law of the Prophet PBUH; ALI certainly was the better man of the two) and his most erroneous decision to name his son YAZID, who was the most unworthy person for rulership of Muslims, as his successor to administration; these were the most heinous offenses against Muslims that truly initiated differences of highest nature among them which even after centuries, have not yet been reconciled and there is little chance if any, that they ever could be reconciled. The rule of YAZID did not go unchallenged and rightly so as we know by history, with HUSSAIN-RA (the son of ALI-RA) at the head of the challenge; yet for the reconciliation today (if it ever takes place) it needs a very high sacrifice on all sides that needs understanding of the grief that damned man YAZID caused; only for the short term of three & a half years for his worldly authority he caused centuries of trouble to Muslims; may Allah punish him most severely and all people who had the opportunity to rule and took-up his ways of tyranny at the time in his following (like HAJJAJ ibn YOUSUF), with great torments at AKHIRAT; Al-Hamdu Lillah. Respectable TIRMIDHI has a wonderful sense of presentation as we see that he provides Ahadith here in sequence with the narration about ALI (RA) that presents the impression clearly that he cared highly about people being QADHI (and being the IMAM over the people) himself; and then he presents the other narration that tells that even MU’AVIAH tried to care for the needs of people (or at-least he gave the impression that he does care for SUNNAH of the Prophet-PBUH about caring for the people). It is the blessing from Allah that the good practicing Muslims were able to adopt such measures at those difficult times for them that even at such turmoil, the Islamic Teachings remained untouched; Al-Hamdu Lillah.
TOPIC 7-Qadhi must not pronounce judgement when angry
(1339)-Sayyidina Abdur Rahman ibn Abu Bakrah narrated that my father wrote to Ubaydullah ibn Abu Bakrah who was a Qadhi, “Do not judge between two people while you are angry, for I have heard Allah’s Messenger (PBUH) say that a ruler must not judge between two people while he is in anger.” [Bukhari 7158, Muslim 1717, Abu Dawud 3589, Nasai 5421, Ibn e Majah 2316, Ahmed 20401]
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TOPIC 8-About giving gifts to rulers
(1340)-Sayyidina Muadh ibn Jabal (RA) narrated that Allah’s Messenger (PBUH) sent me to Yaman. When I had begun the journey, he sent after me and I was brought back to him. He asked, “Do you know why I sent for you? Do not take anything (from anyone) without my permission, for that is treachery. And he who is treacherous will come on the Day of Ressurrection with his treachery. This is why I had called you. Go now to your work.”
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TOPIC 9-About one who takes bribe and one who bribes in cases
(1341)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) cursed the receiver of bribe and its giver, in litigation (brought to the Qadhi).
(1342)-Abu Musa Muhammad ibn Muthanna reported from Abu Aamir Aqadi who reported from ibn Abu-Zib who reported from his uncle Harith ibn Abdur Rahman who reported from Abu Salamah who reported from Abdullah ibn Amr (RA) that the Prophet (PBUH) cursed both the receiver and the giver of bribe. [Abu Dawud 3580, Ibn e Majah 2313, Ahmed 7003]
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It is highly necessary for the IMAM (the guide for Islam), at whatever level he is in that status, to care about the Islamic Morality and never take-up such practice that causes misunderstandings about Islam. These include not to judge when his emotions might affect the judgment he makes; not to judge taking gifts that might have been presented due to his status for extension of relations with him; not to judge in some matter taking gifts that are presented as bribery to him; not to judge taking any money to judge in favor of any of the sides in the case; not to judge taking any status that is officially offered to affect his judgment in some matter for that clearly is bribe that is given to him; not to judge with a grudge for one of the sides at the case; not to judge with inclination towards some party that is his relative or his friend; not to judge just to show-off his authority; not to judge under the pressure of some other persons at authority and in one sentence, the IMAM must only judge humbly keeping the commands of Allah in view; He is watching all the time at all places, recording all that is going-on for the future reference; Al-Hamdu Lillah.
TOPIC 10-About accepting gifts and invitations
(1343)-Sayyidina Anas ibn Malik reported that Allah’s Messenger (PBUH) said, “If a sheeps trotter was presented to me, I would accept it and if I were invited over it then I would surely go. [Ahmed 10247]
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TOPIC 11-Warning on decision in favour of one who is not rightful
(1344)-Sayyidah Umm Salamah (RA) reported that Allah’s Messenger (PBUH) said. “You bring your disputes to me (to judge between you) while I am only a human being. And, perhaps, some of you may be more eloquent in their arguments than others. So, if I decide for one of you (giving him) even a little bit of the right of his brother then I am only cutting out for him a piece of the fire, hence, let him not take anything of it.” [Muslim 1713]
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If it is certain in totality that a gift has been presented to an IMAM not because he is an IMAM and it is not related in any way to affect his judgment in any matter yet has been given just by will as a good gesture that Muslims must exercise to each other, then it is allowed to take it; avoidance of it even then is much better especially if the inviter is among the influntial men. The other Hadith tells that the Prophet (PBUH) had the probability to err as human-being (but not to commit sins); as Prophet, he was MASUM (i.e. the one who does not commit any sins); note that every sin is an error but every error is not a sin. The Prophet told SAHABA here that he might decide erroneously in favor of someone, and that would not become a sin to him certainly; but it is not appropriate for the person who receives the favorable judgment to take what is clearly not his right; so even if the judge makes a mistake in ADL, the man who had received the favorable decision must not leave the asking of EHSAAN. Three IMAMS of FIQH except ABU-HANIFA (whose stance is unclear) agree that such decision is only good for implementation at the worldly life (that also remains sin to the man who secured the favorable decision though he knows well that he got the possession wrongly) yet it would not have the effect at AKHIRAT where he would be liable to much severe punishment for it; the judge would be spared if he had judged the matter with all good intentions; Al-Hamdu Lillah.
TOPIC 12-Witness for the plaintiff & oath for the defendant
(1345)-Alqamah ibn Wail reported from his father that a man from Hadramawt and a man from Kinda came to the Prophet (PBUH) The Hadrami pleaded, “O Messenger of Allah, this man has seized my land.” The Kindi said, “It is my land and in my hands; he has no right over it.” The Prophet (PBUH) said to the Hadrami, “Do you have a witness?” He said, “No.” The Prophet (PBUH) said, “Then you can ask him to state on an oath.” He said, “O Messenger of Allah, this man is a profligate, an immoral. He will not mind swearing at anything. He is not righteous.” The Prophet said, “You have no way but to get him to swear.” So, the man turned to take an oath. When he turned, Allah’s Messenger said, “If he swears over his property to sieze it unjustly then when he meets Allah (on the Day of Resurrection), He will turn away from him.” [Muslim 139, Abu Dawud 3245]
(1346)-Amr ibn Shu’ayb reported from his father who reported from his grandfather that the Prophet (PBUH) said during a sermon, “The plaintiff must present a witness while the respondent must take an oath.”
(1347)-Sayyidina Ibn Abbas (RA) reported that the Prophet gave verdict that the defendant must swear. [Bukhari 1239, Muslim 1711]
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TOPIC 13-About oath with one witness
(1348)-Sayyidina Abu Hurayrah (RA) reported that Allah’s Messenger (PBUH) passed judgement on the testimony of one witness and the oath of the defendant. Rabi’ah said that a son of Sa’d ibn Ubadah (RA) told him that they found in his book that the Prophet (PBUH) had decided that an oath must be taken along with the presentation of a witness. [Abu Dawud 3610, Ibn e Majah 2369]
(1349)-Sayyidina Jabir reported that the Prophet (PBUH) decided a case against an oath and the testimony of a witness.
(1350)-Ja’far ibn Muhammad reported on the authority of his father (Baaqar) that the Prophet (PBUH) judged on the basis of an oath and a single witness and Baaqar said in addition, “Ali also decided between you on that basis.”
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This is an important point to note in the Islamic Teachings that the person who claims ownership to something or claims about some matter must present witnesses for his claim while the defendant would take an oath to the effect that the claim is invalid. Three of IMAMS except ABU-HANIFA say that if the person who claims gives one witness and with it, takes an oath to his claim even then his claim would be entertained. ABU-HANIFA says that the person who claims must bring two male witnesses or one male witness and two female witnesses in favor of his claim; taking an oath is only for the defendant. Both sides present their respective viewpoints beautifully and both indeed have grounds for their respective viewpoints. ABU-HANIFA also agreed that in some exceptional cases, one witness in favor of the claimant with an oath by him would do well for his proof and these specially involved matters of women where even if one woman claims something and takes an oath on that providing a witness to her claim that is enough and the case might be decided in her favor; however note that matters that are shameful in nature need four witnesses and the address here is not related to that matter.
TOPIC 14-About slave belonging to two men and one sets him free
(1351)-Sayyidina Ibn Umar reported that the Prophet (PBUH) said, “If anyone sets free his share in a slave and he has enough property that is equal to the market price of the slave then that slave is free, otherwise only to the extent of his share.” The narrator was unsure what word the Prophet (PBUH) used, but the meaning of both words he narrated is nearly the same i.e. ‘share’. [Bukhari 2524, Muslim 1501, AD3941, Ibn e Majah 2528, Ahmed 5927]
(1352)-Saalim reported on the authority of his father that the Prophet (PBUH) said, “If anyone sets free the portion of his slave (who belongs in partnership) and he has enough wealth as covers the price of the slave then the slave is free (this means that he must pay to other partners the price of the slave and liberate him wholly).”
(1353)-Sayyidina Abu Hurayrah reported that Allah’s Messenger said, “If anyone emancipates his share then if he is wealthy he must get him released wholly, but if he does not have enough wealth then a fair price of the slave must be determined. After that the slave must be made to work only to the extent of the share(s) not emancipated, without burdening him. [Bukhari 2526, Muslim 1002, Abu Dawud 3934, Ibn e Majah 2527, Ahmed 10875]
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TOPIC 15-Concerning Umraa, a donation of house forever
(1354)-Sayyidina Samurah reported that the Prophet said, “Umraa (donating a home to someone for a lifetime) is allowed. The house belongs to the one to whom it is given.” Or, he said, ‘it is a legacy for its occupants’.
(1355)-Sayyidina Jabir ibn Abdullah (RA) reported that Allah’s Messenger (PBUH) said, “If anyone is given a home to himself for life and for his family then it belongs to whom it is given and it will not return to the donor, for he gave something over which the heirs (of the receiver) have right.’ [Bukhari 2625, Muslim 1625]
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TOPIC 16-Concerning Ruqba
(1356)-Sayyidina Jabir (RA) reported that Allah’s Messenger (PBUH) said, “Umraa is lawful (and it belongs to him to whom it is given), and Ruqba is also lawful (and it is his to whom it is donated).” [Abu Dawud 3558, Nasai 3742]
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The Prophet (PBUH) told clearly to those who wanted to do good to slaves that if one of the persons who has share in a slave with others and goes for EHSAAN must not only give the slave his freedom by his own share but also pay to other share-holders their amounts and liberate him totally. If he is unable to do so financially then the slave would be asked KHIRAJ (the amount that was asked of male-slaves on daily basis forcing them to work for it) after the deduction of the amount that the man who had freed him used to take from him; the better stance used to be in those days that when one of the share-holders gave freedom to the slave according to his share and could not buy other shares to free him totally, others gave him freedom too either without asking anything from the slave in the following of the first share-holder or either asking him to pay with time the amounts they owed specifying it and that was called SA’AYAH, a form of MUKATABAT (in which the slave used to ask for freedom in exchange of some specific money that he would pay with time and get his freedom); he would get his freedom as he pays their payable amount in total. The next Ahadith tell about UMRAA that in sound is very near to UMRAH (the visit to holy MAKKAH and perform some specific rites there) yet it is very different from it. UMRAA meant in JAHILIYYAH (the time before the Prophet PBUH that related to utter ignorance of the Truth) as to give a place of residence to someone for the whole life but it returned to the donor at his death. The Prophet (PBUH) ended this practice by saying what a person has given to someone by calling it UMRAA then he has no claim to it and it becomes a gift from him to the receiver on which the heirs of the receiver only would have the claim. Three of IMAMS except MALIK take this matter in this way but MALIK feels that the words of Ahadith have the margin to keep the matter as it used to be in the days before the Prophet (PBUH) called towards Islam. RUQBA meant nearly the same as UMRAA (with the difference in the deed that if the donor dies before the receiver, the property would become the asset of the receiver) so according to SHAFA’I and AHMED (and even ABU-HANIFA), RUQBA does not affect the ruling as the asset would become (even with such condition) as the gift to the receiver with only his claim to it; MALIK said for it that it belonged to the donor and it would come back to him as the receiver dies or the heirs of the donor would get it if he dies first.
TOPIC 17-The Prophet’s sayings on reconciliation between people
(1357)-Kathir ibn Abdullah ibn Umar ibn Awf al-Muzani reported from his father from his grandfather that Allah’s Messenger (PBUH) said, “Reconciliation between Muslims is lawful, but not the reconciliation whereby lawful is made unlawful or the forbidden is declared permissible. And, Muslims must fulful their conditions save the condition that turns the lawful into unlawful and the unlawful into lawful.” [Ibn e Majah 2353, Ahmed 8792]
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TOPIC 18-About placing piece of wood on the neighbour’s wall
(1358)-Sayyidina Abu Hurayrah reported that Allah’s Messenger said, “If one of you seeks permission of his neighbour to keep a piece of wood on his wall then he should not disallow him.” When Abu Hurayrah narrated this Hadith, the people bowed down their heads. He asked, “What is wrong? Why do you turn away from it? By Allah, I will strike with it (the Hadith) between your shoulders.” (He meant that he would compel them to abide by it). [Bukhari 2463]
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The point to note here in H-1357 is the guidance to all Muslims that generally Muslims must care for each other yet with the rule in mind that there is no obedience to the created ones where there is a disobedience to the Creator. By the Hadith at 1358, it is asked on the basis of EHSAAN to people that they must not stop their neighbors to keep the edge of wood for their roof at their side-wall as presumably in those days, roofs were made with hay and grass put on rough wooden frames.
TOPIC 19-About an oath being confirmed by one who calls for it
(1359)-Sayyidina Abu-Hurayrah reported that Allah’s Messenger (PBUH) said, ‘The oath is to be (clearly) on what your companion confirms you.” [Muslim 1653, Abu Dawud 3255]
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TOPIC 20-If there is disagreement about the road
(1360)-Sayyidina Abu-Hurayrah reported that Allah’s Messenger (PBUH) said, “Make the path seven cubits wide.” [Abu Dawud 3633]
(1361)-Sayyidina Abu-Hurayrah (RA) reported that Allah’s Messenger (PBUH) said, “When you quarrel about the road, then keep it seven cubits (wide).” [Bukhari 2473, Muslim 1613, Ahmed 9542]
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TOPIC 21-When parents separate, children may be given option
(1362)-Sayyidina Abu-Hurayrah reported that the Prophet gave choice to a child between his father and his mother (to stay with one of them). [Abu Dawud 2277, Ibn e Majah 235]
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These three topics here contain four Ahadith narrated by ABU-HURAIRAH; the first one tells that the oath taken by someone must be very clear in words if someone has claimed for something upon him without witnesses and now he would take oath against that claim. He must not try to use words that the matter remains vague or in some meaning benefits him when he knows well that the claim against him is totally worthy. Islam is simple and asks for simplicity so that is how Muslims must see to their matters; the simple is always the best. Ahadith at the topic-20 tell us that even at those times there used to be laws to leave such space for path that people do not feel congestion or uneasiness in passage; the space mentioned is not fixed and any space that seems necessary for passage might be provided officially at different places as that is how these Ahadith guide; note that Madinah was one of the populous cities of that time. As for giving option to the child to stay with the mother or the father in the situation where they separate, IMAMS have difference of view. Among them, SHAFA’I says that the child would get the option if he has come to the age where he is able to judge what is better for him as the Hadith here at the topic tells us while ABU-HANIFA says that the boy would remain with the mother for seven years and then he would stay with his father; the girl would remain with the mother uptil she becomes adult and then she would stay with her father. HANAFI-School take the Hadith at the topic as an isolated incident that gave option to the child; they indicate that this was some special concession at this occasion so that no one of the parents feels that he (or she) has been dealt unjustly.
TOPIC 22-The father may take anything from his son’s property
(1363)-Sayyidah Ayshah narrated that Allah’s Messenger (PBUH) said, “The best of what you eat is from your (own) earnings and surely, your children are part of your earnings.” [Abu Dawud 3528, Nasai 4461, Ibn e Majah 2290, Ahmed 25351]
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TOPIC 23-About something that breaks by someone
(1364)-Sayyidina Anas (RA) narrated that one of the honourable wives of the noble Prophet (PBUH) sent to him some food in a bowl as a gift. Sayyidah Ayshah struck it with her hand and its contents fell down. The Prophet (PBUH) said, “Food for food and vessel for vessel.” [Bukhari 2481]
(1365)-Sayyidina Anas (RA) narrated that the Prophet (PBUH) borrowed a bowl from someone. But it was misplaced, so he returned another bowl as a replacement.
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The father has the right to claim from the son’s earnings according to his needs especially if the son is capable to care for him at his old-age and does not do so being an unworthy son. According to other Ahadith, if some vessel of another person is damaged, misplaced or broken by some person, he would repay it by the same item that must be very similar in features to it. He had been trusted to keep the item safe so he must prove himself worthy of that trust.
TOPIC 24-Concerning adulthood of man and woman
(1366)-Sayyidina Ibn Umar (RA) narrated, “I was presented to Allah’s Messenger (PBUH) for an army while I was fourteen years old. He did not accept me (in the army). Then, I was presented to him next year for the army while I was fifteen years old and he accepted me.” Nafi said that he narrated this hadith to Umar ibn Adul Aziz and he said, “This is the distinction between childhood and adulthood.” And he wrote to his officers that the fifteen years-old lads must be given a share of the booty. [Bukhari 2664, Muslim 1868, Ibn e Majah 2543]
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TOPIC 25-About one who marries his father’s wife
(1367)-Sayyidina Bara narrated that my maternal uncle, Abu Bardah ibn Niyar, passed by me. He had a spear in his hand. I asked him, “Where are you going?” He said, “Allah’s Messenger (PBUH) has sent me to a man who has married his father’s wife that I may bring him this man’s head.” [Abu Dawud 4457]
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The age of adulthood for a boy is 15 years except when some clear feature tells that he has come to adolescence before that age. The adulthood for the girl is to be taken at the same age too when there are no other signs for that but the girl does achieve adolescence earlier and the changes in physique plus the commencement of menses mark her adolescence very clearly. The verdict for the person who commits some wicked immoral act is to inflict a cruel death to him and make him an example to fear; note that mostly the punishment asked by Islam for the commitment of shameful sins is to inflict physical torment that might even be the capital punishment (as for incest and as when a man marries his father’s wife other than his true mother as reported here or as for men committing sexual acts with men) but mostly high number of lashes upon the body are prescribed for such sins that denote total immorality. This tells clearly that the shameful acts cast some spell to those who commit them; this spell does not end unless the physique that gets the pleasure of the other side in an unworthy manner, receives the sound thrash.
TOPIC 26-About two men, one lower than the other for water
(1368)-Urwah reported that Sayyidina Abdullah ibn Zubayr (RA) told him that there was an altercation between an Ansar and Zubayr concerning the streamlets with which they watered their date palms and the Ansar complained to Allah’s Messenger (PBUH). The Ansar said, “Let the water flow” but Zubayr refused to do so. So, they came to Allah’s Messenger (PBUH) who said to Zubayr, “Water your ground, O Zubayr, then let the water run to your neighbour.” The Ansar was angered at that and said, “It is because he is the son of your aunt.” The colour of the face of Allah’ Messenger (PBUH) changed and he said, “O Zubayr, Water your ground and hold the water till it returns to the parapet.” Zubayr said (afterwards), “By Allah, I understand that this verse was revealed concerning this very issue --- But no, by your Lord! They would not believe until they make you the judge of what is in dispute between them then find no vexation in their hearts over what you decide, and submit with full submission (4:65).” [Bukhari 2359, Muslim 2357]
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There used to be some land of ZUBAYR (RA), who was the husband of ASMA bint ABU-BAKR (RA) and she was the sister of Sayyidah AYESHA (RA), near Madinah through which natural canals becoming a stream flowed passing on black pebbles and then went ahead to other lands. ZUBAYR used to irrigate his land and store some water there at some tank he had provided for such store. Then he let the water flow ahead so a man from ANSAR (the people who had been living in Madinah while those who had come to it from Makkah were called MUHAJIR and ZUBAYR was one of them) who had some land after his land asked him to leave the water while irrigating before storage so that all could get water at the same time but ZUBAYR declined. This matter reached the Prophet (PBUH) and what seems here is that he decided that ZUBAYR could irrigate his land by the flowing water stopping it upto the time of irrigation without storing it yet just as he is done with it, he would leave the water and then water would flow to his tank too and to other lands too at that time. When the man from ANSAR objected and that also with unsuitable words, he revised his decision (and ULAMA have said that this was due to the punishment of the objection he had raised to the judgment with inappropriate words while the initial judgment is the actual verdict in such cases) and told ZUBAYR not only to irrigate his land first but also to store it to the extent to fill the tank that he has provided for it and then leave the water for others; the man from ANSAR might have been a hypocrite as his response to the judgment implies yet he might have been a decent person as ANSAR generally were, making a grave mistake by responding adversely in anger realizing that afterwards and Allah knows better.
TOPIC 27-About one who at the point of death frees his slaves
(1369)-Sayyidina Imran lbn Husayn (RA) narrated that a man of the Ansar set free his six slaves when he was about to die and he had no other property besides them. This news was conveyed to the Prophet (PBUH) and he spoke sternly about him. He summoned the slaves and divided them into groups. Thereafter, he cast lots among them, and emancipated two of them and retained four. [M 1668]
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TOPIC 28-About a relative coming into someone’s slavery
(1370)-Sayyidina Samurah reported that Allah’s Messenger (PBUH) said, “If anyone becomes owner of one of his dhu-mahram relatives then he is free.” [Abu Dawud 3949, Ibn e Majah 2524, Ahmed 20187]
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The practice of slavery that was prevalent in those ancient days is out of our lives now; Al-Hamdu Lillah; and so rulings about them are not much relevant now yet Ahadith at study here are interesting in respect to giving a very high value (caring about them in all ways possible) to close relatives (DHU-MAHRAM means very near ones in relation); they also guide where lots (paper of lottery slips with names of all parties involved in a matter) is valid to apply. The Prophet (PBUH) spoke sternly about the man near to death because slaves had high value then that the heirs got after a man’s death so that was huge wrong done to his heirs by him when he freed all of them near to death depriving them of an ease in this worldly life; with that ease they became more capable to care for AKHIRAT, the true life. As for his action of allotting freedom to all six of his slaves, the Prophet (PBUH) took it as his will and he had allowed expressing in the will for one-third of the assets a person had; so the Prophet decided to release two of the six slaves according to his will. ULAMA allow deciding by lots when the detail of some rights is in question (when all parties of the deal have equal rights) and lots would not cast any adverse effect to the right of any one. An example for this is that if four persons purchase a house for their residence jointly that has been divided into four specific portions clearly then it is allowed that names of all four are put into some bag in slips resembling each other in features for the lots to be drawn. Now the specific portion is mentioned clearly and a slip is drawn randomly so that portion would go to the person whose name turns-out as a result then; in this way every-one would get his share rightfully without affecting shares of others adversely. The right to freedom was only for couple of slaves here according to the ruling but which ones was the question when they all had equal rights to freedom; so lots were drawn and two were released. That certainly was justice so as not to disgust anyone of the slaves yet as feelings of human-beings were involved here (and freedom is precious) so many of ULAMA have pointed out that in this case it is the asking of EHSAAN to ask the ones who do not get their freedom, for SA’AYAH (payment of some specific amount of money to get freedom); as they pay the amount for their freedom getting it by their hard work, they would get their freedom too.
TOPIC 29-One who cultivates another’s land without permission
(1371) Sayyidina Rafi ibn Khadij (RA) reported that Allah’s Messenger (PBUH) said, “If anyone sows in another’s field without his permission then there is nothing in the field for him. Of-course, he can claim his expenses (on sowing, but the field and cultivation belong to the owner of the land).” [Abu Dawud 3403, Ibn e Majah 2466, Ahmed 19270]
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TOPIC 30-To make Hibah and observe equality among children
(1372)-Sayyidina Nu’man ibn Bashir (RA) reported that his father made a gift of a slave to one of his sons. He came to the Prophet (PBUH) to request him to witness the gift. The Prophet (PBUH) asked him, “Have you made a like gift to all your children as you have given him?” He said, ‘No’. Then the Prophet (PBUH) said, “In that case, take him back (from him).” [Bukhari 2586, Muslim 1623]
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Injustice needs to be avoided everytime and everywhere; both these Ahadith point out this fact well. A person must not sow at some land that is not his property; if he cultivates it without the permission of the owner but by force or by some other means then he would not get its produce or any possession of that land as that would be injustice though a leniency is shown to him that he might claim his expenses that he has made there; this is how the Hadith at the topic guides. As for making gifts to children, note that it is not right to show preference to some of children over others except when one of them seems highly worthy due to his care for parents. Without any such valid reason that shows his worthiness clearly, preference in presenting of any gift to a son or a daughter is injustice; note that when some gift is to be presented to any of the off-spring in life, it is not needed to see that the daughter gets half of what the son gets as is the rule at the inheritance; note also that a person is not allowed to will for more than one-third of his property and his will would not relate to any of his heirs.
TOPIC 31-About Shufah
(1373)-Sayyidina Samurah (RA) reported that Allah’s Messenger said, “The neighbour of the house has a greater right over the house.” [Abu Dawud 3517]
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TOPIC 32-About one who is absent at the time of Shuf’ah
(1374)-Sayyidina Jabir (RA) reported that Allah’s Messenger (PBUH) said, “The neighbour has a greater right of Shuf’ah. Wait for him if he is absent provided their path is the same.” [Abu Dawud 3518, Ibn e Majah 2494, Ahmed 14257]
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TOPIC 33-When roads are separate, Shuf’ah is not applicable
(1375)-Sayyidina Jabir ibn Abdullah (RA) reported that Allah’s Messenger (PBUH) said, “When limits are defined and roads are separated then there is no option (that is, Shuf’ah is not applicable).” [Bukhari 2213, Abu Dawud 3514, Ibn e Majah 2499, Ahmed 14159]
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When someone intends to sell his house, he would present the matter first to his neighbor. SHUFA is the pre-emptive right of the neighbor that he is asked first (except when the house is owned in partnership then the one intending to sell his share would have to ask for its purchase to his partners first); his neighbor would buy it if he intends for it but this right is relaxed if the paths of both the houses are different that is there is some notable space between the houses or if their respective entrances face different paths. Three of IMAMS except ABU-HANIFAH give the right of SHUFA to the neighbor only when the homes are located at the same path and they are attached to each other without any space in between. ABU-HANIFA takes the neighbor with his house attached as preferable for the purchase of the house without care whether the paths to them are similar or not; the right of SHUFA is only in the transaction for the house and for no other property.
TOPIC 34-About the partner being a Shafi’
(1376)-Sayyidina Ibn Abbas (RA) reported that Allah’s Messenger (PBUH) said, “Every partner is a Shafi (meaning, he has a right and option) and Shuf’ah covers everything.”
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TOPIC 35-About Luqatah and lost camel or goat
(1377)-Sayyidina Zayd ibn Khalid Juhanni (RA) reported that a man asked Allah’s Messenger (PBUH) about Luqatah (something found fallen in the way). He said, “Make announcement about it for a year. Thereafter, bear in mind the item, its string, etc. And then spend (use) it. If its owner comes later then give it to him.” He submitted, “O Messenger of Allah, what about a lost sheep?” He said, “Take it. It is yours, or your brother’s, or for the wolf.” He asked, “O Messenger of Allah, and a lost camel?” This angered the Prophet (PBUH) till his cheeks turned red or his face turned red and he said, “What is it to you? It has its feet and its water till its owner finds it.” [Bukhari 2429, Muslim 1722]
(1378)-Sayyidina Zayd ibn Khalid Juhanni reported that Allah’s Messenger (PBUH) was asked about Luqatah. He said, “Make an announcement for it for a year and if it is claimed then hand it over otherwise bear in mind the quantity, the kind and the string, etc. and put it to use. If the owner comes after that, give it to him.” [Bukhari 2427, Muslim 1722]
(1379)-Suwayd ibn Ghafalah narrated that he went out with Zayd ibn Suhan and Salman ibn Rabi’ah. He found a whip. Ibn Numayr said in his Hadith that he found a whip lying down. So he picked it up. His companions said, “Leave it alone”, but he said, “No, I will not leave it that beasts eat it. I will take it and benefit from it.” Afterwards, he went to Ubayy ibn Kab and asked him about it, narrating what had happened. He said, “You did well. In the times of the Prophet I had found a purse containing hundred dinars. I took it to him and he said to me, ‘Publicise it for a year’. I announced about it through one year but did not find anyone knowing about it, so I went back to him, and he said, “Publicise it one more year.” I did it for a year and went to him and he asked me to publicise another year, saying “Count them and remember the purse and the string with which it is tied.” He said that I should hand it over to the claimant when he identifies it, otherwise I should retain it and use it.” [Bukhari 2426, Muslim 1723, Abu Dawud 1701, Ibn e Majah 2506, Ahmed 21225]
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LUQATA means something that is found lying idle somewhere and it is necessary to announce about it so that its owner could be found; Islam does not appreciate the idea that the finder is the keeper. There are some questions that have to be answered in this matter; first is that what lying thing might be taken into custody; second is that for how much time it must be announced, third is that when is it allowed to use it if the owner does not turn-up; fourth is that if the finder does use it and then the owner turns-up so then what should he do and the last but not the least, if he has used it and the owner never turns up, would he be a sinner. I, MSD, would omit minor differences among schools of FIQH here as they are near to none practically in the matter. By Ahadith presented by respectable TIRMIDHI here, the respective answers to questions are as follows. For the first question the better answer is that when a man that fears Allah so he avoids wrongs sees something that is of some good value lying idle, he must pick it up if he has an idea that if he does not do so, it might fall in wrong hands; anything that is not much valuable or it is most expected that the owner would certainly come at this site very soon searching for it, then he must leave it alone. Answer to the second question is that the finder must announce LUQATA for at least one year as the requirement of ADL (law and justice) though he might continue to announce it for even more on basis of EHSAAN. Answer to the third question is that if the finder is needy he might use it after one year of announcement but he would have to return its compensation if the owner turns-up even after a year when the finder has used it; if the finder is extremely needy at the time when he got LUQATA and that could do fine to fulfill his extreme need, he would use it then and there with the intention to return its compensation as its owner turns-up; the finder must not use it even after a year if he is well-off keeping it aside at safety but its usage is allowed even for the prosperous finder after that time if he so intends. Answer to the fourth question is that if the finder has used it and its owner turns up, the finder would pay the compensation and consideration would be given neither to the length of owner’s absence nor to the prosperity or to the poverty of the finder; the owner has the right to designate it as SADAQAH if he intends seeing the status of the finder. Answer to the last question is that the finder if he uses the LUQATA after a year, insha-Allah he would not be a sinner as the Prophet (PBUH) clearly mentioned this period of a year as the limit to wait with the intention that he would return it if that is needed; the thing of use would come in use when the period to wait for the owner expires without any intention to defy his right and Allah knows better.
TOPIC 36-About Waqf
(1380)-Sayyidina Ibn Umar (RA) narrated that Sayyidina Umar (RA) got a piece of land in Khaybar. He said, “O Messenger of Allah, I have acquired property in Khaybar dearer than I have ever received, so what do you command me to do with it?” He said, “If you wish, retain the original with yourself and make Sadaqah of its profit.” So Umar made a Sadaqah of that. Thus, the land could never be sold, gifted or inherited. Its produce was a Sadaqah for the poor, relatives, setting slaves free, the path of Allah, the travelers and the guests. There was no sin on its trustee if he ate something from it in a reasonable manner, or fed a friend, other than hoarding it. The narrator said that when he narrated the Hadith to Muhammad ibn Sirin, he said instead of --other than hoarding it-- it had ‘May not amass wealth for himself’. Ibn Awf said, still another man narrated the Hadith to me and he had read the document of endowment inscribed on a red hide and it had the words ‘other than amassing wealth’. [Muslim 1632]
(1381)-Sayyidina Abu Hurayrah reported that Allah’s Messenger (PBUH) said, “When a person dies, his deeds are cut off from him except three, perpetual Sadaqah, knowledge from which benefit is derived and righteous children who pray for him.” [Muslim 1631, Abu Dawud 2880, Nasai 3651, Ahmed 8853]
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WAQF is the profits of the property given in the way of Allah. All the schools of FIQH take the matter as such that the owner would have no claim once he has given a property in WAQF that is Trust established for the needy though he might specify those who would benefit from its profits including his relatives too even if they are not much needy. Although ABU-HANIFA has some reservation whether the ownership would be surrendered here yet even his school follows the general trend in the matter. The board of directors of such trust must comprise of practicing Muslims who care about the needy and who use its profits mostly at FARDH-KIFAYAH like TABLIGH (spreading the word of Islam) and JIHAD (efforts especially war taken-up in the way of Allah). The other Hadith at the topic tells us that three things do continue benefiting a Muslim who always cared about Islam at his worldly life even after his death; those are the wealth he spent as SADAQAH that continues to benefit the needy even after his death and the knowledge, that he spread by his good words and his good works that continue to benefit the seekers of the Truth (i.e. Islam) and the well-mannered children that he left behind who pray Allah for him to give him mercy and give him JANNAH (Paradise).
TOPIC 37-There is no Qisas if an animal injures anybody
(1382)-Sayyidina Abu Hurayrah reported that Allah’s Messenger (PBUH) said, “There is no retaliation for a wound caused by an animal, accident in a well or in a mine. Zakah is payable at one-fifth on buried treasure.” [Bukhari 6912, Muslim 1710]
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TOPIC 38-Cultivating barren land
(1383)-Sayyidina Sa’eed ibn Zayd (RA) reported that the Prophet (PBUH) said, “If anyone cultivates barren land then it belongs to him and if anyone plants a tree wrongfully (on someone else’s land) then that does not give him a right.” [Abu Dawud 3073]
(1384)-Sayyidina Jabir ibn Abdullah (RA) reported that the Prophet (PBUH) said, “He who makes barren land fertile owns it.” [Ah 14270]
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TOPIC 39-About handing over property
(1385)-Sayyidina Abyad ibn Hammal reported that he went to Allah’s Messenger (PBUH) and requested that a salt mine be assigned to him. So, he gave him the mine. When he turned to go, someone in the assembly asked, “Do you know what you have given him. It is a perpetual source of ready water,” (meaning that it would produce plenty of salt). The narrator said that the Prophet (PBUH) took it back from him. He then asked about the land of thorny trees that could be surrounded. The Prophet (PBUH) said, “The land where the camels cannot go” (meaning that place which is away from grazing ground). [Abu Dawud 3064, Ibn e Majah 2475]
(1386)-Sayyidina Wail ibn Hujr reported that the Prophet (PBUH) assigned to him a piece of land in Hadramawt. [Abu Dawud 3058, Ahmed 27308]
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If an animal belonging to someone damages some property or wounds someone, there is no compensation to be asked from him if it is obvious that he had taken all measures that such incidents do not occur; it must be totally obvious that the adverse incident if it takes place has not happened by any of his negligence. Similarly, wounds or even death that might be caused by a well at the land of a person, or a mine there, does not make the man answerable for the damage done unless it is totally obvious that his criminal negligence is involved in the matter; this negligence includes even asking a person that is not skillful for the job to do some work at the well or the mine. As for the buried treasure that a man gets from his land, he is liable to keep it when he pays the fifth part of it to the state treasury. When a man cultivates land seeing it idle, it does not make him the owner there; rather he would not receive even the produce from it if he does not have the consent of the owner to work upon it though he might receive his expenses upon it (see H-1371). However if someone cultivates a barren land open to proprietorship then he is liable to its possession with three conditions; it must be far from population (and words of Hadith imply that such land must be at such place where camels are unable to reach) and secondly there must be nothing in his act of taking it that would cause any wrong to Muslims in general and thirdly he must work there physically to get benefits, then that land belongs to him; this is the ruling of three IMAMS other than ABU-HANIFA who says that the permission of state authorities is also necessary (and in the present times this ruling is better so it is feasible for the man to register that land who gets it with the three conditions mentioned with the Government). Note that even the Government needs to see these three conditions at the Islamic environment to allot lands under its control; the Prophet (PBUH) took the salt-mine back as it did not fulfill two of the three conditions that the mine did not need much work upon it as it was already prepared to ask benefits from it and due to that prepared commodity there of general utility to Muslims available at hand, it would have caused harm to Muslims in general. The Prophet (PBUH) realized it when he was told that this is a prepared source of getting salt as provisions of it are already at hand there; he was unaware of this fact before; so he revised his decision. Note that if someone feels that he knows something in a matter that if not disclosed would cause harm to Muslims in general, he has the liability to say it in open in as appropriate words as possible and Allah knows better.
TOPIC 40-Excellence of planting trees
(1387)-Sayyidina Anas (RA) reported that the Prophet (PBUH) said, “If a Muslim plants a tree or cultivates land and a man, a bird or an animal eats from it then that is a Sadaqah on his behalf. [Bukhari 2320, Muslim 1553, Ahmed 12497]
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TOPIC 41-About crop-sharing
(1388)-Sayyidina lbn Umar reported that the Prophet (PBUH) gave land to the people of Khaybar on condition that they give to him half share of the produce, whether fruit or other cultivation. [Bukhari 2329, Muslim 1551]
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TOPIC 42-About cultivation
(1389)-Sayyidina Rafi’ ibn Khadij (RA) reported that Allah’s Messenger (PBUH) forbade them from something that was profitable to them. When one of them had a piece of land he would let it out against part of its Kharaj or some dirhams. He said, “When one of you has a piece of land then he must either give it to his brother to cultivate without asking for a return or he must cultivate it himself.” [Bukhari 2339, Muslim 1548]
(1390)-Sayyidina Ibn Abbas (RA) reported that Allah’s Messenger (PBUH) did not disallow crop sharing, but commanded them to be mild to each other. [Bukhari 2342, Muslim 1550]
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Note here for MUKHABARAH that it means to share the crops of a land by the owner giving that to someone to cultivate in some specific ratio but it is taken as MAKRUH-TANZIHI though such transactions have been tolerated by the Prophet (PBUH); it is also named as MUZARI’AH. It is narrated here that in the land of KHAYBER, he made this deal with Jews in his land that whatever produce is got from the cultivation of the land, it would be shared half & half, both sides sharing equally. However, specification of a particular piece of the land by the owner, that the produce here would be his share, is not allowed. Also, if he fixes an amount of produce and not the ratio of the total then that also is not allowed; example for this prohibited transaction would be that the owner of the land asks the cultivator to give 10000 kg of the produce to him and the rest the cultivator could keep for him-self; note that this is not taken as rent here but a case in MUKHABARAH so this would clearly be a transaction that relates to GHARAR and as such, it is disallowed. The last topic of the booklet clarifies that though by ADL, MUKHABARAH is allowed yet by EHSAAN, it is better to give the land to cultivate without asking for any returns to someone needy especially among relatives or those that are known well as this is highly commendable act; Al-Hamdu Lillah.
(CONTINUED at TIRMIDHI-7)
Presentation by MUHAMMAD SALEEM DADA
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Al-Hamdu Lillah