Marriage (Kitab Al-Nikah)

كتاب النكاح

Chapter 47: Regarding Menstruating Women And Embracing Them

Anas bin Malik said Among the Jews when a woman menstruated, they did not eat with her and drink with her and did not associate with her in their houses, so the Apostle of Allaah(ﷺ) was questioned about it. Hence, Allah the Exalted revealed “And they ask you about menstruation,. Say “It is harmful, so keep aloof from women during menstruation till the end of the verse. The Apostle of Allaah(ﷺ) said “Associate with them in the houses and do everything except sexual intercourse. The Jews thereupon said “This man does not leave anything we do without opposing us in it. Usaid bin Hudair and Abbad bin Bishr came to the Apostle of Allaah(ﷺ) and said, Apostle of Allaah(ﷺ) the Jews are saying such and such. Shall we not have intercourse with them during their menstruation? The face of the Apostle of Allaah(ﷺ) underwent such a change that we thought he was angry with them, so they went out. They were met by a gift of milk which was being brought to the Apostle of Allaah(ﷺ) and he sent after them, whereby we felt that he was not angry with them.

Narrated Aisha, Ummul Mu'minin

I and the Messenger of Allah (ﷺ) used to lie in one cloth at night while I was menstruating. If anything from me smeared him, he washed the same place (that was smeared), and did not wash beyond it. If anything from him smeared his clothe, he washed the same place and did not wash beyond that, and prayed with it (i.e. the clothe).

Maimunah daughter of Al Harith said “When the Apostle of Allaah(ﷺ) intended to associate and lie with any of his wives who was menstruating, he ordered her to wrap up the lower garment(loin-cloth) and then he had association with her.

Chapter 48: Regarding The Penalty For The One Who Approaches His Wife While She Is Menstruating

Narrated Abdullah ibn Abbas

The Prophet (ﷺ) said about a man who has sexual intercourse with a menstruating woman: He should give one or half dinar as sadaqah.

Narrated Abdullah ibn Abbas

If a man has sexual intercourse (with menstruating woman) during her bleeding, he should give one dinar as sadaqah, and if he does so when bleeding has stopped, he should give half a dinar as sadaqah.

Chapter 49: Regarding 'Azl (Withdrawing Before Ejaculation)

Abu Sa’id reported “The people mentioned about withdrawing the penis before the Prophet (ﷺ). He said “Why one of you does so? He did not say “One of you should not do so”. Every soul that is to be born, Allaah will create it. Abu Dawud said “Qaza’ah is a client of Ziyad”

Narrated AbuSa'id al-Khudri

A man said: Messenger of Allah, I have a slave-girl and I withdraw the penis from her (while having intercourse), and I dislike that she becomes pregnant. I intend (by intercourse) what the men intend by it.

The Jews say that withdrawing the penis (azl) is burying the living girls on a small scale. He (the Prophet) said: The Jews told a lie. If Allah intends to create it, you cannot turn it away.

Muhairiz said “I entered the mosque and saw Abu Sa’id Al Khudri. I sat with him and asked about withdrawing the penis (while having intercourse). Abu Sa’id said We went out with the Apostle of Allaah(ﷺ) on the expedition to Banu Al Mustaliq and took some Arab women captive and we desired the women for we were suffering from the absence of our wives and we wanted ransom, so we intended to withdraw the penis (while having intercourse with the slave women). But we asked ourselves “can we draw the penis when the Apostle of Allaah(ﷺ) is among us before asking him about it? So we asked him about it. He said “it does not matter if you do not do it, for very soul that is to be born up to the Day of Resurrection will be born.”

Jabir said “A man from the Ansar came to the Apostle of Allaah(ﷺ) and said “I have a slave girl and I have intercourse with her. But I dislike her to conceive. He replied “Withdraw your penis from her if you wish for what is decreed for her will come to her.” After a time the man came to him and said “The girl has become pregnant”. He said “I told you that what was decreed for her would come to her.”

Chapter 50: What Is Disliked Of A Man Mentioning What He Experienced With His Wife

Narrated AbuHurayrah

AbuNadrah reported: An old man of Tufawah said to me: I was a guest of AbuHurayrah at Medina. I did not find any one of the companions of the Prophet (ﷺ) more devoted to worship and more hospitable than AbuHurayrah.

One day I was with him when he was sitting on his bed. He had a purse which contained pebbles or kernels. A black slave-girl of his was sitting below. Counting them he was glorifying Allah. When the pebbles or the kernels in the purse were finished, she gathered them and put them again in the purse, and gave it to him. He said: Should I not tell you about me and about the Messenger of Allah (ﷺ)?

I said: Yes. He said: Once when I was laid up with fever in the mosque, the Messenger of Allah (ﷺ) came and entered the mosque, and said: Who saw the youth of ad-Daws. He said this three times.

A man said: Messenger of Allah, there he is, laid up with fever on one side of the mosque. He moved, walking forward till he reached me. He placed his hand on me. He had a kind talk with me, and I rose. He then began to walk till he reached the place where he used to offer his prayer. He paid his attention to the people. There were two rows of men and one row of women, or two rows of women and one row of men (the narrator is doubtful).

He then said: If Satan makes me forget anything during the prayer, the men should glorify Allah, and the women should clap their hands. The Messenger of Allah (ﷺ) then prayed and he did not forget anything during the prayer.

He said: Be seated in your places, be seated in your places. The narrator, Musa, added the word "here". He then praised Allah and exalted Him, and said: Now to our topic.

The agreed version begins: He then said: Is there any man among you who approaches his wife, closes the door, covers himself with a curtain, and he is concealed with the curtain of Allah?

They replied: Yes. He said: later he sits and says: I did so-and-so; I did so-and-so. The people kept silence. He then turned to the women and said (to them): Is there any woman among you who narrates it? They kept silence. Then a girl fell on one of her knees. The narrator, Mu'ammil, said in his version: a buxom girl. She raised her head before the Messenger of Allah (ﷺ) so that he could see her and listen to her.

She said: Messenger of Allah, they (the men) describe the secrets (of intercourse) and they (the women) also describe the secrets (of intercourse) to the people.

He said: Do you know what the similitude is? He said: The likeness of this act is the likeness of a female Satan who meets the male Satan on the roadside; he fulfils his desire with her while the people are looking at him. Beware! The perfume of men is that whose smell becomes visible and its colour does not appear. Beware! The perfume of women is that whose colour becomes visible and whose smell is not obvious.

AbuDawud said: From here I remembered this tradition from Mu'ammil and Musa: Beware! No man should lie with another man, no woman should lie with another woman except with one's child or father. He also mentioned a third which I have forgotten. This has been mentioned in the version of Musaddad, but I do not remember it as precisely as I like.

The narrator, Musa, said: Hammad narrated this tradition from al-Jarir from AbuNadrah from at-Tufawi.