Mishkat al-Masabih

Chapter 11: Making a Marriage publicly known, asking Woman in Marriage, and the Condition laid down - Section 2

Abu Huraira reported God's Messenger as saying, "Every sermon which does not contain a tashahhud is like a hand cut off.” Tirmidhi transmitted it, saying this is a hasan gharib tradition.

He reported God's Messenger as saying, "Every important matter which is not begun by an expression of praise to God is maimed.” Ibn Majah transmitted it.

‘A’isha reported God's Messenger as saying, “Make this marriage publicly known, solemnise it in the mosques, and play tambourines in honour of it.” Tirmidhi transmitted it, saying this is a gharib tradition.

Muhammad b. Hatib al-Jumahi reported the Prophet as saying, “The distinction between what is lawful and what is unlawful is the song and the tambourine at a wedding.” Ahmad, Tirmidhi, Nasa’i and Ibn Majah transmitted it.

‘A’isha said

I had a girl of the Ansar whom I gave in marriage, and God's Messenger said, "Why do you not sing, ‘A’isha, for this clan of the Ansar like singing?” Ibn Hibban transmitted it in his Sahih.

Ibn ‘Abbas said

‘A’isha gave a woman relative of hers among the Ansar in marriage and God’s Messenger came and said, “Have you escorted the girl to her husband?” On being told that they had, he asked whether they had sent someone along with her to sing, and when she replied that they had not, he said, “The Ansar are a people who give a place to love songs. I wish you had sent with her someone to say, ‘We have come to you, we have come to you; so may God preserve us and preserve you’.”Ibn Majah transmitted it.

Samura reported God’s Messenger as saying, “If two guardians have given any woman in marriage she marries the man for whom the first arranged, and if anyone sells anything to two men it goes to the first of them.” Tirmidhi, Abu Dawud, Nasa’i and Darimi transmitted it.

Chapter 12: Making a Marriage publicly known, asking Woman in Marriage, and the Condition laid down - Section 3

Ibn Mas'ud said

When we were on an expedition along with God’s Messenger and had no women with us we asked whether we should not have ourselves castrated, but he forbade us to do that. Then he granted us licence to contract temporary marriages, and one would marry a woman giving a garment as dower up to a fixed date. Then ‘Abdallah recited, “You who believe, do not make unlawful the good things which God has made lawful for you” (Al-Qur’an 5:87).(Bukhari and Muslim.)

Ibn ‘Abbas said

The temporary marriage applied only in the early days of Islam. A man would come to a settlement where he had no acquaintance and marry a woman for the period it was thought he would stay there, and she would look after his belongings and cook for him. But Ibn ‘Abbas said that when the verse came down, “Except their wives or the captives their right hands possess,” (Al-Qur’an 23:6) intercourse with anyone else became unlawful. Tirmidhi transmitted it.

A‘mir b. Sa'd said

Going in and finding Qaraza b. Ka‘b and Abu Mas'ud al-Ansari at a wedding where girls were singing I said, “Is this being done in the presence of you two who are companions of God’s Messenger and were present at Badr ?” They replied, “Sit down if you wish and listen along with us, or go away if you wish, for we have been given licence for amusement at a wedding.” Nasa’i transmitted it.

Chapter 13: Women with whom Marriage is Prohibited - Section 1

Abu Huraira reported God's Messenger as saying, “A man may not marry a woman and her paternal aunt, or a woman and her maternal aunt.” (Bukhari and Muslim.)

‘A’isha reported God’s Messenger as saying, “What is unlawful by reason of consanguinity is unlawful by reason of fosterage.” Bukhari transmitted it.

She said

My paternal uncle through fosterage came and asked permission to enter, but I refused to allow him till I asked God’s Messenger. When he came I asked him and he said, “He is your paternal uncle, so give him permission.” I replied, “Messenger of God, it was only the woman who suckled me and not the man” whereupon he said, “He is your paternal uncle, so let him come in where you are.” That was after seclusion was instituted for us. (Bukhari and Muslim.)

‘Ali said, “Messenger of God, would you like the daughter of your paternal uncle Hamza, for she is the most beautiful girl in Quraish?” He replied, “Do you not know that Hamza is my foster-brother, and that God has prohibited by reason of fosterage what He has prohibited by reason of genealogy?” Muslim transmitted it.

Umm al-Fadl stated that God’s Prophet said, “Being suckled once or twice does not make marriage unlawful.” In ‘A’isha’s version he said, “One or two sucks do not make marriage unlawful.” In another by Umm al-Fadl he said, “One suckling or two does not make marriage unlawful.” These are versions by Muslim.

‘A’isha said that in what was sent down in the Qur’an ten known sucklings made marriage unlawful, but they were abrogated by five known ones, and when God’s Messenger died these words were among what was recited in the Qur’an. Muslim transmitted it.

She said that the Prophet visited her when a man was with her and he seemed to disapprove of that. She told him that he was her brother and he replied, “Consider* who your brothers are, for fosterage is that consequent on hunger” (Fosterage applies only to infants and not to children who are able to take solid food).* The verb is in the plural, indicating that this is a general instruction and not simply a reply to A’isha.(Bukhari and Muslim.)

‘Uqba b. al-Harith said he married a daughter of Ihab b. 'Aziz and a woman came and said she had suckled 'Uqba and the woman whom he had married, to which he replied, “I am not aware that you suckled me, and you did not inform me.” So he sent to the family of Abu Ihab and asked them, and when they told him that they did not know whether she had suckled their daughter he rode to the Prophet in Medina and asked him. God’s Messenger said, “How can you hesitate when you have been told?” ‘Uqba therefore separated from her and she married another husband. Bukhari transmitted it.

Abu Sa'id al-Khudri said

At the battle of Hunain God’s Messenger sent an army to Autas, and they met an enemy and fought with them. . Having prevailed over them and taken captives the Prophet’s companions seemed to hold back from having intercourse with them because of their husbands among the polytheists. Then God most high sent down regarding that, “And women already married, except those whom your right hands possess” (Al-Qur’an 4:24). That means that they were lawful for them when their ‘idda* period came to an end. * The period which a widow or divorced woman must observe before remarriage. See Ch. 26.Muslim transmitted it.

Chapter 14: Women with whom Marriage is Prohibited - Section 2

Abu Huraira said that God’s Messenger forbade that a woman should be married to one who had married her paternal aunt, or a paternal aunt to one who had married her brother’s daughter, or a woman to one who had married her maternal aunt, or a maternal aunt to one who had married her sister's daughter. A younger sister must not be married to one who has married an elder sister, nor an elder sister to one who has married a younger sister. Tirmidhi, Abu Dawud, Darimi and Nasa’i transmitted it, Nasa’i’s version ending with “her sister’s daughter.”