Marriage
كتاب النكاح
Chapter 49: Maintenance, and a Slave’s Rights - Section 1
‘A’isha told that Hind daughter of ‘Utba said, “Messenger of God, Abu Sufyan is a niggardly man who does not give me and my son enough; except what I take from him without his knowledge.” He replied, “Take what is enough for you and your son to the extent recognised by the law.”* * Bil ma’roof.This is what is generally recognised as reasonable. The amount would vary according to the circumstances of the people.(Bukhari and Muslim.)
Abu Huraira reported God's Messenger as saying, “How excellent it is for a slave to be taken in death by God when worshipping his Lord well and obeying his master! How excellent it is for him!” (Bukhari and Muslim.)
Ibn ‘Umar told that he heard God’s Messenger say, “If anyone beats a servant for an offence he did not commit, or slaps him, the atonement due from him is to set him free.” Muslim transmitted it.
Chapter 50: Maintenance, and a Slave’s Rights - Section 2
On his father’s authority he said his grandfather told of a man coming to the Prophet and saying, “I am poor with no possessions and I have an orphan to care for.” He replied, “Eat from your orphan’s property, provided you are not extravagant, or take anything before you need it, or store up any of it.” Abu Dawud, Nasa’i and Ibn Majah transmitted it.
Rafi‘ b. Makith reported the Prophet as saying, “Treating those under one’s authority well produces prosperity, but an evil nature produces evil fortune.” Abu Dawud transmitted it, but only in al-Masabih have I seen the additional words, “Sadaqa guards against an evil type of death and kindness lengthens life.”
Chapter 51: Maintenance, and a Slave’s Rights - Section 3
Abu Musa said that God's Messenger cursed those who separated a parent from his child and a brother from his brother. Ibn Majah and Daraqutni transmitted it.
Chapter 52: Young People Attaining Puberty and their Guardianship in Childhood - Section 1
that if any of the polytheists came to him he should send them back to them; that if any of the Muslims went to them they should not send them back; and that he should be allowed to enter [Mecca] the following year and stay in it for three days. When he entered it and the period had passed he went out, and Hamza’s daughter followed him calling, “Uncle, uncle.” ‘Ali took her and held her by the hand, and ‘Ali, Zaid and Ja'far disputed about her. ‘Ali said, “I have taken her, and she is the daughter of my paternal uncle.” Ja'far said, “She is the daughter of my paternal uncle and her maternal aunt is my wife.” Zaid said, “She is my brother’s daughter.” The Prophet then gave decision about her in favour of her maternal aunt, saying, “The maternal aunt is in the position of the mother.” To ‘Ali he said, “You pertain to me and I pertain to you;” to Ja'far, “You resemble my form and nature;” and to Zaid, “You are our brother and client.” (Bukhari and Muslim.)
Chapter 8: The Guardian in Marriage, and asking the Woman’s consent - Section 2
Ibn ‘Abbas reported the Prophet as saying, ‘Adulteresses are those women who marry themselves without evidence.” The soundest view is that it does not go back farther than Ibn ‘Abbas. Tirmidhi transmitted it.
Jabir reported the Prophet as saying, “Any slave who marries without his master's permission is a fornicator.” Tirmidhi, Abu Dawud and Darimi transmitted it.
Chapter 10: Making a Marriage publicly known, asking Woman in Marriage, and the Condition laid down - Section 1
‘A’isha told that when a bride was conducted to one of the Ansar, God’s Prophet said, “Have you no amusement? The Ansar are delighted by amusement." Bukhari transmitted it.
“God’s Messenger married me in Shawwal and cohabited with me in Shawwal, so which of the wives of God’s Messenger was more beloved by him than I?" Muslim transmitted it.
Abu Huraira reported God’s Messenger as saying, “A man must 'not ask a woman in marriage when his brother has done so already, until he marries or gives her up." (Bukhari and Muslim.)
Ibn ‘Umar said God’s Messenger prohibited shighar, which means that a man gives his daughter in marriage on condition that the other gives his daughter to him in marriage without any dower being paid by either. In a version by Muslim he said, “There is no shighar in Islam."(Bukhari and Muslim.)
Chapter 11: Making a Marriage publicly known, asking Woman in Marriage, and the Condition laid down - Section 2
God’s Messenger taught us the tashahhud in the prayer and in case of some need, saying that the tashahhud in the prayer is, “The adorations of the tongue, acts of worship and all good things belong to God. Peace, and God’s mercy and blessings be upon you, O Prophet. Peace be upon us and upon God’s upright servants. I testify that there is no god but God, and I testify that Muhammad is His servant and Messenger.” The tashahhud in case of some need is, “Praise be to God from whom we ask help and pardon. We seek refuge in God from the evils within ourselves. He whom God guides if has no one who can lead him astray, and he whom He leads astray has no one to guide him. I testify that there is no god but God, and that Muhammad is His servant and Messenger." And one should recite three verses: “You who believe, fear God as He should be feared, and die only as Muslims;” (Al-Qur’an 3:102). “You who believe . . . fear God by whom you ask your mutual rights, and reverence the wombs. God has been watching over you;” (Al-Qur’an 4:1 which has ‘O Mankind.’). “You who believe, if you fear God and say what is true He will make your deeds sound and forgive you your sins. He who obeys God and His Messenger has attained a mighty success” (Al-Qur’an 33:70).Ahmad, Tirmidhi, Abu Dawud, Nasa’i, Ibn Majah and Darimi transmitted it. In Tirmidhi’s Jami' Sufyan ath-Thauri gave a commentary on the three verses. Ibn Majah added “whom we praise” after “praise be to God”, and “from our evil actions” after “from the evils within ourselves.” After “mighty success” Darimi added that one should then express what he needs. In Sharh as-sunna it is transmitted on the authority of Ibn Mas’ud concerning the form of words for some need, whether marriage or something else.
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.
Chapter 12: Making a Marriage publicly known, asking Woman in Marriage, and the Condition laid down - Section 3
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.)
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.
Chapter 13: Women with whom Marriage is Prohibited - Section 1
‘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.
Chapter 14: Women with whom Marriage is Prohibited - Section 2
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 16: Sexual Intercourse - Section 1
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.)