The Chapters on Marriage

كتاب النكاح

Chapter 59: The child is for the bed and the fornicator gets nothing

It was narrated that 'Aishah said

Ibn Zam'ah andSa'd (Ibn Abu Waqqas) referred a dispute to the Prophet concerning the son of Zam'ah's slave woman. Sa'd said : " O Messenger of Allah my brother (Utbah bin Abu Waqqas) left instructions in his will that when I come to Makkah, I should look for the son of the slave woman of Zam'ah and take him into my care." 'Abd bin Zam’ah said: "He is my brother and the son of the slave woman of my father; he was born on my father's bed." The Prophet ffi saw that he resembled 'Utbah, and said: "He belongs to you, O 'Abd bin Zam'ah. The child is for the bed. Observe Hijab before him, O Saudah." (sahih)

It was narrated from 'Umar that

the Messenger of Allah ruled that the child belonged to the bed.

It was narrated from Abu Hurairah that

the Prophet said: "The child is for the bed (i.e., belongs to the husband) and the fornicator gets nothing!'

Shurahbil bin Muslim said

"I heard Abu Um Amah Al-Bahili say: 'I heard the Messenger of Allah say: "The child is for the bed and the fornicator gets nothing."

Chapter 60: When one spouse becomes Muslim before the other

It was narrated from Ibn 'Abbas that

a woman came to the Prophet and became Muslim, and a man married her. Then her first husband came and said: "O Messenger of Allah, I became Muslim with her, and she knew that I was Muslim." So the Messenger of Allah took her away from her second husband and returned her to her first husband.

It was narrated from Ibn 'Abbas that

the Messenger of Allah returned his daughter to Abul-'As bin Rabi' after two years, on the basis of the first marriage contract.

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

the Messenger of Allah, returned his daughter Zainab to Abul-As bin Rabi', with a new marriage contract.

Chapter 61: Intercourse with a nursing mother

It was narrated that Judamah bint Wahb Al-Asadiyyah said

"I heard the Messenger of Allah say: 'I wanted to forbid intercourse with a nursing mother, but then (I saw that) the Persians and the Romans do this, and it does not kill their children.' And I heard him say/when he was asked about coitus interruptus: 'It is the disguised form of b.rryirg children alive."

It was narrated from Muhajir bin Abu Muslim, from Asma' bint Yazid bin Sakary who was his freed slave womary that

she heard the Messenger of Allah say: "Do not kill your children secretly, for by the One in Whose Hand is my soul, intercourse with a breastfeeding woman catches up with people when they are riding their horses (in battle) and wrestles them to the ground."

Chapter 62: A woman who annoys her husband

It was narrated that Abu Umamah said

"A woman came to the Prophet with two of her children, carrying one and leading the other. The Messenger of Allah said: 'They carry children and give birth to them and are compassionate. If they do not annoy their husbands, those among them who perform prayer will enter Paradise."'

It was narrated from Mu'adh bin Jabal that

the Messenger of Allah said: "No woman annoys her husband but his wife among houris (of Paradise) safs: 'Do not annoy him, may Allah destroy you, for he is just a temporary guest with you and soon he will leave you and join us."'

Chapter 63: What is Haram does not make what is Halal a Haram

It was narrated from Ibn 'Umar that

the Prophet, said: "What is Haram does not make what is Halal into what is Haram.”