The Chapters on Marriage

كتاب النكاح

Chapter 36: Breastfeeding an adult

It was narrated that 'Aishah said

1: These verses were abrogated in recitation but not ruling. Other ahadith establish the number for fosterage to be 5.

Chapter 37: There is no breastfeeding after weaning

It was narrated from 'Aishah

that the Prophet entered upon her and there was a man with her. He said: “Who is this? She said: “This is my brother.” He said: “Look at whom you allow to enter upon you, because the breastfeeding (that makes a person Mahram) is that which satisfies hunger.”

It was narrated from 'Abdullah bin Zubair

that the Messenger of Allah said: “There is no breastfeeding except that which fills the stomach.”

It was narrated from Zainab bint Abi Salamah

that the wives of the Prophet all differed with 'Aishah and refused to allow anyone with ties of breastfeeding like Salim, the freed salve of Abu Hudhaifah, to enter upon them. They said: “How do we know? That may be a concession granted only to Salim.”

Chapter 38: The breast milk belongs to the sire

It was narrated that 'Aishah said

“My paternal uncle through breastfeeding, Aflah bin Abu Qu'ais, came and asked permission to visit me, after the ruling on veiling had been enjoined, and I refused to let him in, until the Prophet came in and said: 'He is your paternal uncle; let him in.' I said: 'But it is the woman who breastfed me; the man did not breastfeed me.' He said: 'May your hands be rubbed with dust', or: 'May your right hand be rubbed with dust!”

It was narrated that 'Aishah said

X“My paternal uncle through breastfeeding came to visit me and I refused to let him in. The Messenger of Allah said: 'Let your paternal uncle visit you.' I said: 'But it is the woman who breastfed me; the man did not breastfeed me.' He said: 'He is your paternal uncle; let him visit you.”

Chapter 39: The man became Muslim and he has (i.e., is married to) two sisters

It was narrated that Dailami said

“I came to the Messenger of Allah, and I was married to two sisters whom I had married during the Ignorance period. He said: 'When you go back, divorce one of them.' ”

Dahhak bin Fairuz Dailami narrated that his father said

'I came to the Prophet and said: 'O Messenger of Allah! I have become Muslim and I am married to two sisters.' The Messenger of Allah said: 'Divorce whichever of them you want.' ”

Chapter 40: A man became Muslim and he has more than four wives

It was narrated that Qais bin Harith said

“I became Muslim and I had eight wives. I went to the Prophet and told him about that. He said: 'Choose four of them.' ”

It was narrated that Ibn 'Umar said

“Ghailan bin Salamah became Muslim and he had ten wives. The Prophet said to him: 'Choose four of them.' ”

Chapter 41: Conditions in marriage

It was narrated from 'Uqbah bin 'Amir

that the Prophet said: “The conditions most deserving to be fulfilled are those by means of which the private parts become permissible for you.”

It was narrated from 'Amr bin Shu'aib, from his father, that his grandfather said

“The Messenger of Allah said: “Whatever is given as a dowry or gift before the marriage, it belongs to her. Whatever is given after the marriage belongs to the one to whom it was given. And the most deserving matter for which a man is honored is (the marriage of) his daughter or sister.”

Chapter 42: A man setting free his slave woman then marrying her

It was narrated from Abu Musa that the Messenger of Allah said

'Whoever has a slave woman and teaches her good manners and educates her, then sets her free and marries her, will have two rewards. Any man from among the People of the Book who believed in his Prophet and believed in Muhammad will have two rewards. Any slave who does his duty towards Allah and towards his masters will have two rewards.” (Sahih)(one of the narrators) Salih said: “Sha'bi said: 'I have given this (Hadith) to you for little effort on your part. A rider would travel to Al-Madinah for less than this.' ”

It was narrated that Anas said

“Safiyyah was given to Dihyah Al-Kalbi (as his share of the war booty), then she was given to the Messenger of Allah after that. He married her, and made her ransom (i.e., freedom from slavery) her dowry.” (Sahih)Hammad said: “Abdul-'Aziz said to Thabit: 'O Abu Muhammad! Did you ask Anas what her bridal-money was?' He said: 'Her bridal-money was her freedom.' ”

It was narrated from 'Aishah

that the Messenger of Allah (ﷺ) set Safiyyah free, and made her ransom her dowry, and he married her.

Chapter 43: A slave marrying without his master’s persmission

It was narrated from Ibn 'Umar

that the Messenger of Allah said : "If a slave gets married without his master's permission, he is a fornicator."

It was narrated from Ibn 'Umar

that the Messenger of Allah said : "Any slave who gets married without his master's permission, is a fornicator."

Chapter 44: Prohibition of temporary marriage (Mut`ah)

It was narrated from 'Ali bin Abu Talib that

The Messenger of Allah forbade on the Day of Khaibar, the temporary marriage of women and (he forbade) the flesh of domestic donkeys.

It was narrated from Rabi'bin Sabrah that his father said

"We went out with the Messenger of Allah on the Farewell pilgrimage, and they said : 'O Messenger of Allah, (ﷺ) celibacy has become too difficult for us'. He said : 'Then make temporary marriages with these women'. So we went to them, but they insisted on setting a fixed time between us and them. They mentioned that to the Prophet and he said : 'Set a fixed time between you and them.' So I went out with a cousin of mine. He had a cloak and I had a cloak, but his cloak was finer than mine, and I was younger than him. We came to a women and she said: 'One cloak is like another.' So I married her and stayed with her that night. Then the next day I saw the Messenger of Allah standing between the Rukn (corner) and the door (of the Ka'bah), saying : 'O people, I had permitted temporary marriage for you, but Allah has forbidden it until the Day of Resurrection. however had any temporary wives, he should let them go, and do not take back anything that you had given to them.' "

It was narrated that Ibn 'Umar said

"When 'Umar bin Khattab was appointed caliph, he addressed the people and said: 'The Messenger of Allah permitted temporary marriage for us three times, then he forbade it. By Allah, If I hear of any married person entering a temporary marriage, I will stone him to death, unless he can bring me four witnesses who will testify that the Messenger of Allah, allowed it after he forbade it'."