Mishkat al-Masabih

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

Al-Bara’ b. ‘Azib said

My maternal uncle Abu Burda b. Niyar passed me carrying a standard, and I asked him where he was going. He replied, “The Prophet has sent me to bring him the head of a man who has married his father’s wife.” A version by Abu Dawud, Nasa’i, Ibn Majah and Darimi has, “He has ordered me to cut off his head and take his property.” This version has “my paternal uncle” instead of “my maternal uncle.”Tirmidhi and Abu Dawud transmitted it.

Umm Salama reported God’s Messenger as saying, “The only suckling which makes marriage unlawful is that which is taken from, the breast and enters the bowels, and is taken before the time of weaning.” Tirmidhi transmitted it.

Hajjaj b. Hajjaj al-Aslami quoted his father as saying, “Messenger of God, what will remove from me the obligation due for fostering a child.”* He replied, “A slave or a slave-girl of good quality.” *It is said that Arabs liked to give a woman who had fostered a child something over and above the hire. This tradition deals with the amount to be considered full compensation for services rendered. Tirmidhi, Abu Dawud, Nasa’i and Darimi transmitted it.

Abut Tufail al-Ghanawi said

When I was sitting with the Prophet a woman came forward and the Prophet spread out his cloak and she sat on it. Then when she went away someone said that this woman had suckled the Prophet. Abu Dawud transmitted it.

Ibn ‘Umar told that Ghailan b. Salama ath-Thaqafi accepted Islam and that he had had ten wives in the pre-Islamic period who accepted Islam along with him; so the Prophet told him to keep four and separate from the rest of them. Ahmad, Tirmidhi and Ibn Majah transmitted it.

Naufal b. Mu’awiya said

When I accepted Islam I had five wives, so I consulted the Prophet and he said, “Separate from one and keep four.” I therefore decided on the one who had been longest with me and had been barren for sixty years,* and separated from her. * This statement may seem strange when one considers that Naufal is said to have died in the Caliphate of Yazid b. Mu'awiya (60-64 A.H.). Some say he lived 60 years in the pre-Islamic period and 60 years in Islam. Others says he died aged 100. He is said to have accepted Islam at the Conquest of Mecca. The tradition cannot mean that he had been married to this woman for 60 years; it probably indicates that she was both barren and much older than he. She was possibly his first wife. Cf. Ibn Abu Hatim, al-Jarh wat-ta’dil, IV, i, 487 i.; Isti'ab, p. 293 ; Ibn Hajar, Tahdhib, x, 492; Isaba, iii, 1191.It is transmitted in Sharh as-sunna.

Ad-Dahhak b. Fairuz ad-Dailamli told on his father’s authority that he had said, "Messenger of God, I have accepted Islam and I am married to two sisters." He replied, “Choose whichever of them you wish.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

Ibn ‘Abbas told that a woman who had accepted Islam married, and her husband (i.e. the one she had left to marry another when she became a Muslim) went to the Prophet and said, "Messenger of God, I have accepted Islam and she knew that I had done so.” So God’s Messenger took her away from her second husband and restored her to her first. In a version he said, “She accepted Islam along with me,” so he restored her to him. Abu Dawud transmitted it.

In Sharh as-sunna it is related that the Prophet restored a number of women to their husbands by the first marriage when they had both accepted Islam after the change of religion and dwelling. Among them was the daughter of al-Walid b. Mughira, the wife of Safwan b. Umayya. She accepted Islam on the day of the Conquest, but her husband fled from Islam. Then his cousin Wahb b. ‘Umair was sent to him with God’s Messenger’s cloak as a guarantee of security to Safwan, and when he came God’s Messenger granted him a respite of four months before accepting Islam, so she stayed with him. Umm Hakim daughter of al-Harith b. Hisham, the wife of Ikrima b. Abu Jahl, accepted Islam in Mecca on the day of the Conquest, but her husband fled from Islam and went to the Yemen. Umm Hakim journeyed and came to him in the Yemen, and when she invited him to accept Islam he did so, and they remained married. Malik transmitted it in mursal form on the authority of Ibn Shihab.

Chapter 15: Women with whom Marriage is Prohibited - Section 3

Ibn ‘Abbas said

Seven classes of women are prohibited by reason of consanguinity and seven by reason of relationship by marriage. He then recited, "Prohibited to you are your mothers ...” (Al-Qur’an 4:23).Bukhari transmitted it.

‘Amr b. Shu’aib, on his father’s authority, said that his grandfather reported God’s Messenger as saying, “If any man marries a woman and cohabits with her it is not lawful for him to marry her daughter, but if he does not cohabit with her he may marry her daughter; and if any man marries a woman it is not lawful of him to marry her mother whether he has cohabited with her or not.” Tirmidhi transmitted it, saying this is a tradition which is not sound, with respect to its isnad. It is transmitted only by Ibn Lahi'a and al-Muthanna b. as-Sabbah on the authority of ‘Amr b. Shu’aib, and they are both declared to be weak in tradition.

Chapter 16: Sexual Intercourse - Section 1

Jabir declared that 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” (Al-Qur’an 2:223).(Bukhari and Muslim.)

He said that in the period when the Qur'an was coming down they used to withdraw the penis.* * i.e. before emission of semen, to avoid conception.(Bukhari and Muslim.) Muslim added that the Prophet heard of that and did not prohibit it.

He told of a man who went to God's Messenger and said, “I have a slave-girl who is our servant and I have intercourse with her, but do not want 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 and told him the girl had become pregnant, and he said, “I told you that what was decreed for her would come to her.” Muslim transmitted it.

Abu Sa'id al-Khudri said

We went out with God’s Messenger on the expedition to the B. al-Mustaliq (an expedition in 6 A.H) and took some Arab women captive, and we desired the women, for we were suffering from the absence of our wives. We liked withdrawing the penis and wanted to do so, but we asked ourselves whether we could do it when God’s Messenger was among us before asking him. So we asked him about that and he replied, “It does not matter if you do not do it, for every soul that is to be born up to the day of resurrection will be born.” (Bukhari and Muslim.)

He said that when God’s Messenger was asked about withdrawing the penis he replied, “The child does not come from all the liquid, and when God intends to create anything nothing can prevent Him.” Muslim transmitted it.

Sa'd b. Abu Waqqas told of a man who came to God's Messenger and said that he withdrew his penis from his wife. He asked him why he did that and the man replied that he feared for her child, so God’s Messenger said, “If that were injurious it would injure the Persians and the Greeks.”** This is explained as referring to a woman who is suckling a child, and the fear that the child, would be injured if she became pregnant.Muslim transmitted it.

Judama daughter of Wahb said

I was with God’s Messenger along with some people when he was saying, “I intended to prohibit suckling during pregnancy* but I considered the Greeks and the Persians and saw that they suckled their children during pregnancy without any injury being caused to their children thereby.” Then they asked him about withdrawing the penis and God’s Messenger replied, “That is the secret burying alive” and reference is made to it in the words, “When the girl buried alive will be asked (Al-Qur’an 81:8).”*(Ghila. It means either suckling during pregnancy, or intercourse with a woman while she is suckling a child. Muslim transmitted it.

Abu Sa'id al-Khudri reported God's Messenger as saying, “The most serious breach of trust in God’s sight on the day of resurrection ...” A version has, “Among those who will have the worst position in God’s sight on the day of resurrection is the man who has intercourse with his wife, and she with him, and then spreads her secret.”** i.e. talks about the subject to others, or tells people about defects or beauties he has found in her.Muslim transmitted it.

Chapter 17: Sexual Intercourse - Section 2

Ibn ‘Abbas said

God’s Messenger received the revelation, “Your wives are a tilth to you, so come to your tilth . . .” (Al-Qur’an 2:223) that means from in front or behind, but avoid the anus and intercourse during menstruation. Tirmidhi and Ibn Majah transmitted it.