Marriage

كتاب النكاح

Chapter 31: The Treatment of Wives, and the Rights of each - Section 2

‘A’isha reported God’s Messenger as saying, “Among the believers who show most perfect faith are those who have the best disposition, and are kindest to their families." Tirmidhi transmitted it.

Abu Huraira reported God’s Messenger as saying, “The believers who show the most perfect faith are those who have the best disposition and the best of you are those who are best to their wives.” Tirmidhi transmitted it, saying this is a hasan sahih tradition, and Abu Dawud transmitted it up to “disposition.”

'A’isha told that when God’s Messenger arrived after the expedition to Tabuk or Hunain the wind raised an end of a curtain which was placed before her storeroom, revealing some dolls which belonged to her. He asked her what this was and she replied that they were her dolls. Among them he saw a horse with wings made of rags and asked what that was that he saw among them. She told him that it was a horse, and when he asked what it was that it had on it and she replied that it had wings, he said, “A horse with wings!” She replied, “Have you not heard that Solomon had horses with wings?” She said that he laughed so heartily that she could see his back teeth. Abu Dawud transmitted it.

Chapter 32: The Treatment of Wives, and the Rights of each - Section 3

Qais b. Sa'd said

I went to al-Hira and saw them prostrating themselves before a satrap of theirs, so I said, “God’s Messenger has most right to have prostration made before him.” When I came to God’s Messenger I said, “I went to al-Hira and saw them prostrating themselves before a satrap of theirs, but you have most right to have people prostrating themselves before you.” He replied, “Tell me; if you were to pass my grave, would you prostrate yourself before it?” Then when I said that I would not, he replied, “None of you must do it. If I were to command anyone to make prostration before another I would command women to prostrate themselves before their husbands, because of the special right over them given to the husbands by God.” Abu Dawud transmitted it, and Ahmad transmitted it on the authority of Mu'adh b. Jabal.

‘Umar reported the Prophet as saying, “A man will not be asked about why he beat his wife.” Abu Dawud and Ibn Majah transmitted it.

Abu Sa'id told of a woman who came to God’s Messenger when he was with him and said, “My husband, Safwan b. al-Mu‘attal, beats me when I pray, makes me break my fast when I am observing it, and does not pray the dawn prayer till the sun rises.” Safwan was present, so he asked him about what she had said and he replied, “Messenger of God, as for her statement that I beat her when she prays, she recites two surahs and I have forbidden her to do so.” God’s Messenger said to him, “If it had been one surah it would be enough for people.” He continued

“As for her statement that I make her break her fast when she is observing it, she keeps on fasting, and I am a young man who cannot contain himself.” God’s Messenger said, “A woman may fast only with her husband’s permission.”* He continued: “As for her statement that I do not pray till the sun rises; I belong to a family which has such a reputation, hardly awakening till the sun rises.” He said, “Then when you awake, Safwan, you must pray.”* This refers to fasting which is not obligatory.Abu Dawud and Ibn Majah transmitted it.

'A’isha said that once when God’s Messenger was with a number of the Emigrants and Helpers a camel came and prostrated itself before him. Thereupon his companions said, “Messenger of God, beasts and trees prostrate themselves before you, but we have most right to do so.” He replied, “Worship your Lord and honour your brother. If I were to order any one to prostrate himself before another, I would order a woman to prostrate herself before her husband; and if he were to order her to convey stones from a yellow mountain to a black one, or from a black mountain to a white one, it would be incumbent on her to do so.”Ahmad transmitted it.

Jabir reported God’s Messenger as saying, “There are three whose prayer is not accepted and whose good deeds are not taken up to heaven

a runaway slave, till he returns to his patrons and puts his hand in theirs; a woman with whom her husband is displeased; and a drunkard, till he becomes sober.” Baihaqi transmitted it in Shu'ab al-iman.

Abu Huraira told that when God’s Messenger was asked which woman was best he replied, “The one who pleases [her husband] when he looks at her, obeys him when he gives a command, and does not go against his wishes regarding her person or property by doing anything of which he disapproves.” Nasa’i and Baihaqi, in Shu'ab al-iman, transmitted it.

Ibn ‘Abbas reported God’s Messenger as saying, "There are four characteristics which are of such a nature that one who has been given them has been endowed with what is best in this world and the next

a thankful heart, a tongue which makes mention of God, a body which shows endurance in trial, and a wife who does not seek to be unfaithful to [her husband] in her person or his property.” Baihaqi transmitted it in Shu'ab al-iman.

Chapter 33: Separating from a Wife for a Compensation ; and Divorce - Section 1

Ibn ‘Abbas told that the wife of Thabit b. Qais came to the Prophet and said, “Messenger of God, I do not reproach Thabit b. Qais in respect of character or religion, but I do not want to be guilty of infidelity* regarding Islam.” God’s Messenger asked her if she would give him back his garden, and when she replied that she would, he told him to accept the garden and make one declaration of divorce. * Meaning she did not like him and so was afraid she might not show him the respect due to a husband. Kufran, translated ‘infidelity’, can also mean ‘ingratitude’.Bukhari transmitted it.

'Abdallah b. ‘Umar said he divorced a wife of his while she was menstruating and that when ‘Umar mentioned the matter to God’s Messenger he became angry and said, “He must take her back and keep her till she is purified, then has another period and is purified. If it then seems good to him to divorce her he may do so when she is pure from the menstrual discharge before having intercourse with her, for that is the period of waiting which God has commanded for the divorce of women.” A version has, “Command him to take her back, then divorce her when she is pure from the menstrual discharge, or pregnant.” (Bukhari and Muslim.)

‘A’isha said that God’s Messenger gave them their choice and they chose God and His Messenger; so that was not reckoned as counting in any way to their divorce. (Bukhari and Muslim.)

Ibn ‘Abbas said

One makes atonement for something he has made unlawful for himself.* You have had a good example in God’s Messenger. * i.e. something not in itself unlawful. It is treated like an oath for breaking which atonement must be made. The Prophet’s example refers to his withdrawing from his wives for a period.(Bukhari and Muslim.)

'A'isha said

The Prophet used to spend time with Zainab daughter of Jahsh and that he once drank honey at her house, so Hafsa and she agreed that the one whom the Prophet visited first should say, “I notice that you have an odour of the gum of the mimosa.* Have you eaten some?” When he visited one of them and she said that to him he replied, “Don’t worry; I drank some honey at the house of Zainab daughter of Jahsh, but I swear that I shall not do it again. Do not tell anyone of that.” [He said this] desiring to please his wives, and then there came down, “O prophet, why do you hold to be forbidden what God has made lawful for you, desiring to please your wives? (Al-Qur’an 66:1).*Maghafir; plural of Mughfur, is here used. It is the gum of a kind of mimosa called ‘urfut, the odour of which is unpleasant.(Bukhari and Muslim.)

Chapter 34: Separating from a Wife for a Compensation ; and Divorce - Section 2

Thauban reported God's Messenger as saying, “If any woman asks her husband for divorce without some strong reason the odour of paradise will be forbidden to her.” Ahmad, Tirmidhi, Abu Dawud, Ibn Majah and Darimi transmitted it.

Ibn ‘Umar reported the Prophet as saying, “The lawful thing which God hates most is divorce.” Abu Dawud transmitted it.

‘Ali reported the Prophet as saying, “There is no divorce before marriage, no manumission till one has possession, no continuous fasting, no orphan hood after the age of puberty, no suckling after weaning, and no silence all day up to the night”.** Observing a complete day's silence as a religious practice is rejected.It is transmitted in Sharh as-sunna.

‘Amr b. Shu'aib, on his father’s authority, said his grandfather reported God’s Messenger as saying, “No descendant of Adam may make a vow about what he does not possess, or set free what he does not possess, or divorce what he does not possess.” Tirmidhi transmitted it, and Abu Dawud added, “or sell what he does not possess.”

Rukana b. 'Abd Yazid said he divorced his wife Suhaima absolutely and when the Prophet was informed of that he said, “I swear by God that I meant it to be only a single utterance of divorce.” God’s Messenger asked him if that was so, and when he assured him that it was, he restored her to him. Then he divorced her the second time in the time of ‘Umar and the third time in the time of ‘Uthman. Abu Dawud, Tirmidhi, Ibn Majah and Darimi transmitted it, but only Abu Dawud mentioned the second and third time (See Abu Dawud’s Sunan, Talaq, 14).