Marriage (Kitab Al-Nikah)

كتاب النكاح

Chapter 43: Regarding Hitting Women

Abu Harrah Al Ruqashi reported on the authority of his uncle” The Prophet (ﷺ) said “If you fear the recalcitrance abandon them in their beds.” The narrator Hammad said “By abandonment he meant abandonment of intercourse.”

Iyas ibn Abdullah ibn Abu Dhubab reported the Messenger of Allah (ﷺ) as saying

Do not beat Allah's handmaidens, but when Umar came to the Messenger of Allah (ﷺ) and said: Women have become emboldened towards their husbands, he (the Prophet) gave permission to beat them. Then many women came round the family of the Messenger of Allah (ﷺ) complaining against their husbands. So the Messenger of Allah (ﷺ) said: Many women have gone round Muhammad's family complaining against their husbands. They are not the best among you.

Narrated Umar ibn al-Khattab

The Prophet (ﷺ) said: A man will not be asked as to why he beat his wife.

Chapter 44: Regarding The Command To Lower The Gaze

Jarir said I asked the Apostle of Allaah(ﷺ) about an accidental glance (on a woman). He (ﷺ) said “Turn your eyes away.”

Narrated Buraydah ibn al-Hasib

The Prophet (ﷺ) said: to Ali: Do not give a second look, Ali, (because) while you are not to blame for the first, you have no right to the second.

Ibn Masu’d reported the Apostle of Allaah(ﷺ) as saying “ A woman should not rub her body directly with the body of another woman so that she describes it to her husband as if he were looking at her.”

Jabir said “The Prophet (ﷺ) saw a woman so he entered upon Zainab daughter of Jahsh and had intercourse with her. He (ﷺ) then came out and said to his companions and said to them “A woman advances in the form of a devil. When one of you finds that he should go to his wife (and have intercourse with her) for that will repel what he is feeling.

Ibn ‘Abbas said “I did not see anything more resembling to minor sins than what Abu Hurairah reported from the Prophet (ﷺ) who said “Allaah has decreed for the children of Adam a share in adultery, he will get it by all means, the adultery of eyes is looking; the adultery of tongue is speaking; the soul desires and has a passion; the private parts confirms or falsifies it.”

Abu Hurairah reported the Prophet (ﷺ) as saying “ Every child of Adam has his share in adultery. He then narrated the rest of the tradition. This version goes “And the hands commit adultery; their adultery is catching; and the legs commit adultery; their adultery is walking; and the mouth commits adultery – its adultery is kissing.”

The aforesaid tradition has also been transmitted by Abu Hurairah through a different chain of narrators. This version adds “The fornication of ear is hearing.”

Chapter 45: Regarding Intercourse With Captives

Abu Sa’id Al Khudri said “The Apostle of Allaah(ﷺ) sent a military expedition to Awtas on the occasion of the battle of Hunain. They met their enemy and fought with them. They defeated them and took them captives. Some of the Companions of Apostle of Allaah (ﷺ) were reluctant to have relations with the female captives because of their pagan husbands. So, Allaah the exalted sent down the Qur’anic verse “And all married women (are forbidden) unto you save those (captives) whom your right hand posses.” This is to say that they are lawful for them when they complete their waiting period.

Abu Al Darda said “The Apostle of Allaah(ﷺ) was in a battle. He saw a woman who was nearing the time when she was to deliver a child. “He said “Perhaps the master has intercourse with her.”. They(the people) said “Yes”. He said “I am inclined to invoke a curse on him which will enter his grave with him. How can he make it (the child) an heir when it is not lawful for him? How can he take it into his service when that is not lawful for him?”

Abu Sa’id Al Khudri traced to Prophet (ﷺ) the following statement regarding the captives taken at Atwas. There must be no intercourse with pregnant woman till she gives birth to her child or with the one who is not pregnant till she has had one menstrual period.

Narrated Ruwayfi' ibn Thabit al-Ansari

Should I tell you what I heard the Messenger of Allah (ﷺ) say on the day of Hunayn: It is not lawful for a man who believes in Allah and the last day to water what another has sown with his water (meaning intercourse with women who are pregnant); it is not lawful for a man who believes in Allah and the Last Day to have intercourse with a captive woman till she is free from a menstrual course; and it is not lawful for a man who believes in Allah and the Last Day to sell spoil till it is divided.

The aforesaid tradition has also been transmitted by Ibn Ishaq through a different chain of narrators. This version has the traditional word “a menstrual course” in the phrase “till she is free from a menstrual course”. This is a misunderstanding on the part of the narrator Abu Mu’awiyah. This is correct in the tradition of Abu Sa’id Al Khudri. This version has the additional words “he who believes in Allaah and the Last Day should not ride on a mount belonging to the spoil of Muslims and when he makes it emaciated returns it; he who believes in Allaah and the Last Day should not put on cloth belonging to the spoils of Muslims and when makes it old (shabby) returns it. Abu Dawud said “The word “menstrual course” is not guarded. This is a misunderstanding on the part of Abu Mu’awiyah”

Chapter 46: Regarding Intercourse

'Amr b. Shu'aib on his father's authority said that his grandfather (Abdullah ibn Amr ibn al-'As) reported the Prophet (ﷺ) said

Abu Dawud said: Abu Sa'id added the following words in his version: He should then tale hold of her forelock and pray for blessing in the case of a woman or a slave.

Ibn ‘Abbas reported the Prophet (ﷺ) as saying “If anyone who means to have intercourse with his wife says “In the name of Allaah, O Allaah, keep us away from the devil and keep the devil away from what You hast provided us.” It will be ordained that no devil will ever harm the child born to them.

Narrated AbuHurayrah

The Prophet (ﷺ) said: He who has intercourse with his wife through her anus is accursed.

Muhammad bin Al Munkadir said I heard Jabir say The Jews used to say “When a man has intercourse with his wife through the vagina, but being on her back the child will have a squint, so the verse came down. Your wives are a tilth to you, so come to your tilth however you will.”

Narrated Abdullah Ibn Abbas

Ibn Umar misunderstood (the Qur'anic verse, "So come to your tilth however you will")--may Allah forgive him. The fact is that this clan of the Ansar, who were idolaters, lived in the company of the Jews who were the people of the Book. They (the Ansar) accepted their superiority over themselves in respect of knowledge, and they followed most of their actions. The people of the Book (i.e. the Jews) used to have intercourse with their women on one side alone (i.e. lying on their backs). This was the most concealing position for (the vagina of) the women. This clan of the Ansar adopted this practice from them. But this tribe of the Quraysh used to uncover their women completely, and seek pleasure with them from in front and behind and laying them on their backs.

When the muhajirun (the immigrants) came to Medina, a man married a woman of the Ansar. He began to do the same kind of action with her, but she disliked it, and said to him: We were approached on one side (i.e. lying on the back); do it so, otherwise keep away from me. This matter of theirs spread widely, and it reached the Messenger of Allah (ﷺ).

So Allah, the Exalted, sent down the Qur'anic verse: "Your wives are a tilth to you, so come to your tilth however you will," i.e. from in front, from behind or lying on the back. But this verse meant the place of the delivery of the child, i.e. the vagina.