The Book of Marriage

كتاب النكاح

Chapter 52: The Breast Milk Belongs To The Husband

It was narrated from 'Aishah that the brother of Abu Al-Qu'ais asked permission to enter upon 'Aishah after the Verse of Hijab had been revealed, and she refused to let him in. Mention of that was made to the Prophet and he said

"Let him in, for he is your paternal uncle." She said: "The woman breast-fed me, not the man." He said: "He is your paternal uncle, so let him visit you."

It was narrated that 'Aishah said

"Aflah, the brother of Abu Al-Qu'ais, who was my paternal uncle through breast-feeding, used to ask permission to enter upon me, and I refused to let him in until the Messenger of Allah came, and I told him about that. He said: 'Let him in, for he is your paternal uncle.'" 'Aishah said: "That was after the (Verse of) Hijab had been revealed."

It was narrated that 'Aishah said

"My paternal uncle Aflah asked permission to enter upon me after the (Verse of) Hijab had been revealed, but I did not let him in. The Prophet came to me and I asked him (about that) and he said: 'Let him in, for he is your paternal uncle.' I said: 'O Messenger of Allah, the woman breast-fed me, not the man.' He said: 'Let him in, may your hands be rubbed with dust, for he is your uncle.'"

Chapter 53: Breast-feeding An Adult

It was narrated that 'Aishah said

"Sahlah came to the Messenger of Allah and said: 'O Messenger of Allah, Salim enters upon us and he understands what men understand, and knows what men know.' He said: 'Breast-feed him, and you will become unlawful to him thereby.' (Ibn Abi Mulaikah, one of the narrators said:) For a year I did not narrate this, then I met Al-Qasim and he said: 'Narrate it and do not worry about it.'"

It was narrated from 'Aishah that Salim, the freed slave of Abu Hudhaifah, was with Abu Hudhaifah and his family in their house. The daughter of Suhail came to the Prophet and said

"Salim has reached the age of manhood, and understands what men understand. He enters upon us, and I think that Abu Hudhaifah is not happy about that." The Prophet said: "Breast-feed him, and you will become unlawful to him." So she breast-fed him, and the displeasure of Abu Hudhaifah disappeared. She came back to him and said: "I breast-fed him and the displeasure of Abu Hudhaifah has disappeared."

Chapter 56: Rights And Status Of The Breast-feeding Mother

It was narrated from Hajjaj bin Hajjaj that his father said

"I said: 'O Messenger of Allah, how can I pay back the dues of the one who breast-fed me?' He said: 'By giving a male or female slave.'"

Chapter 65: A Man Manumitting His Slave Woman, Then Marrying Her

It was narrated that Abu Musa said

"The Messenger of Allah said: 'Whoever manumits his female slave, then marries her, he will have two rewards.'"

Chapter 66: Fairness In Giving Dowries

'Urwah bin Az-Zubair narrated that he asked 'Aishah about the saying of Allah, the Mighty and Sublime

"And if you fear that you shall not be able to deal justly with the orphan girls then marry (other) women of your choice." She said: "O son of my sister, this refers to a female orphan who is in the care of her guardian, and her wealth is joined to his, and he is attracted to her wealth and her beauty. So her guardian wants to marry her without being fair with regard to her dowry, and without giving her what someone else would give her. So they were forbidden to marry them unless they were fair to them and gave them the highest possible dowry that is customarily given, and they were commanded to marry other women of their choice." 'Urwah said: "'Aishah said: 'Then later on, Allah, the Mighty and Sublime, revealed concerning them: 'They ask your legal instruction concerning women, say: Allah instructs you about them, and about what is recited unto you in the Book concerning the orphan girls whom you give not the prescribed portions and yet whom you desire to marry.' 'Aishah said: 'What Allah, Most High, mentioned here that is recited in the Book is the first Verse in which it says: And if you fear that you shall not be able to deal justly with orphan girls then marry (other) women of your choice.' 'Aishah said: 'What is referred to in the other Verse -and yet whom you desire to marry- is the desire of one of you not to marry orphan girl who is under his care if she is lacking in wealth and beauty. So they were forbidden to marry those orphan women to whose wealth they were attracted unless they were fair, because of their desire not to marry (those who were lacking in wealth and beauty.)'"

It was narrated that Abu Al-'Ajfa' said

"Umar bin Al-Khattab said: 'Do not go to extremes with regard to the dowries of women, for if that were a sign of honor and dignity in this world, or a sign of piety before Allah, the Mighty and Sublime, then Muhammad would have done that before you. But he did not give any of his wives, and none of his daughters were given, more than twelve Uqiyyah. A man may increase the dowry until he feels resentment against her and says: You cost me everything I own ('Alaqul-Qirbah)'" "And I was a man born among the 'Arabs, but I did not know the meaning of 'Alaqul-Qirbah' and others of you are saying -about those killed in this or that battle of yours, or who died: 'So-and-so was martyred' or 'so and so died as a martyr.' While perhaps he merely overloaded the backside of his beast, or lined his saddle with gold or silver seeking trade. So do not say that, rather say as the Prophet said: 'Whoever is killed in the cause of Allah, or dies, then he is in Paradise.'"

Chapter 67: Marriage For A Nawah Of Gold (Five Dirhams)

It was narrated from Anas bin Malik that 'Abdur-Rahman bin 'Awf came to the Prophet with traces of yellow perfume on him. The Messenger of Allah asked him (about that) and he told him that he had married a woman from among the Ansar. The Messenger of Allah said

"How much did you give her?" He said: "A Nawah (five Dirhams) of gold." The Messenger of Allah said: "Give a Walimah (wedding feast) even if it is with one sheep."

It was narrated from 'Abdur-Rahman bin 'Amr

"The Messenger of Allah said: 'Whatever is given as a dowry, or gift or is promised her before the marriage belongs to her. Whatever is given after the marriage belongs to the one to whom it was given. And the most deserving for which a (man) is to be honored is (when marrying off) his daughter or sister.'" This is the wording of 'Abdullah (one of the narrators).

Chapter 69: A Woman Giving Herself In Marriage To A Man With No Dowry

It was narrated from Sahl bin Sa'd that a woman came to the Messenger of Allah and said

"O Messenger of Allah, I give myself in marriage to you." She stood for a long time, then a man stood up and said: "Marry her to me if you do not want to marry her." The Messenger of Allah said: "Do you have anything?" He said: "I cannot find anything." He said: "Look (for something), even if it is only an iron ring." So he looked but he could not find anything. The Messenger of Allah said to him: "Have you (memorized) anything of the Qur'an?" He said: "Yes, Surah such and such and Surah such and such," naming them. The Messenger of Allah said: "I marry her to you for what you know of the Qur'an."

Chapter 70: Allowing Intimacy

It was narrated from An-Nu'man bin Bashir that the Prophet said, concerning a man who had intercourse with his wife's slave woman

"If she let him do that, I will flog him with one hundred stripes , and if she did not let him, I will stone him (to death)."

It was narrated that Salamah bin Al-Muhabbaq said

"The Prophet passed judgment concerning a man who had intercourse with his wife's slave woman: 'If he forced her, then she is free, and he has to give her mistress a similar slave as a replacement; if she obeyed him in that, then she belongs to him, and he has to give her mistress a similar slave as a replacement.'"

Chapter 71: The Prohibition of Mut'ah (Temporary Marriage)

Malik bin Anas narrated that Ibn Shihab told him that 'Abdullah and Al-Hasan, the sons of Muhammad bin 'Ali, told him, that their father Muhammad bin 'Ali told them, that 'Ali bin Abi Talib, may Allah be pleased with him, said

"The Messenger of Allah on the Day of Khaibar forbade temporary marriage to women." (One of the narrators) Ibn Al-Muthanna said: "The Day of Hunain." He said: "This is what 'Abdul-Wahhab narrated to us from his book."

It was narrated from Ar-Rabi' bin Sabrah Al-Juhani that his father said

"The Messenger of Allah gave permission for Mut'ah, so I and another man went to a woman from Bani 'Amir and offered ourselves to her (for Mut'ah). She said: 'What will you give me?' I said: 'My Rida' (upper garment).' My companion also said: 'My Rida'.' My companion's Rida' was finer than mine, but I was younger than him. When she looked at my companion's Rida' she liked it, but when she looked at me, she liked me. Then she said: 'You and your Rida' are sufficient for me.' I stayed with her for three (days), then the Messenger of Allah said: 'Whoever has any of these women whom he married temporarily should let them go.'"

Chapter 72: Announcing The Wedding By Singing And Beating The Duff

It was narrated that Abu Balj said

"I heard Muhammad bin Hatib say: 'What differentiates between the lawful and the unlawful is the voice (singing).'"

Chapter 76: A Gift Given Before Consummation Of The Marriage

It was narrated that Ibn 'Abbas said

"When Ali, may Allah be pleased with him, married Fatimah, may Allah be pleased with her, the Messenger of Allah said to him: 'Give her something.' He said: 'I do not have anything.' He said: 'Where is your Hutami armor?'"

Chapter 63: Marriage For Islam

It was narrated that Anas said

"Abu Talhah proposed marriage to Umm Sulaim and she said: 'By Allah, a man like you is not to be rejected, O Abu Talhah, but you are a disbeliever and I am a Muslim, and it is not permissible for me to marry you. If you become Muslim, that will be my dowry, and I will not ask you for anything else.' So he became Muslim and that was her dowry." (one of the narrators) Thabit said: "I have never heard of a woman whose dowry was more precious than Umm Sulaim (whose dowry was) Islam. And he consummated the marriage with her, and she bore him a child."

Chapter 68: Permission To Get Married Without A Dowry

It was narrated from 'Abdullah that some people came to him and said

"A man among us married a woman, but he did not name a dowry for her, and he did not have intercourse with her before he died." 'Abdullah said: 'Since I left the Messenger of Allah I have never been asked a more difficult question than this. Go to someone else.' They kept coming to him for a month, then at the end of that they said: 'Who shall we ask if we do not ask you? You are one of the most prominent Companions of Muhammad in this land and we cannot find anyone else.' He said: 'I will say what I think, and if it is correct then it is from Allah alone, with no partner, and if it is wrong then it is from me and from the Shaitan, and Allah and His Messenger have nothing to do with it. I think she should be given a dowry like that of her peers and no less, with no injustice, and she may inherit from him, and she has to observe the 'Iddah, four months and ten days.'" He said: "And that was heard by some people from Ashja', who stood up and said: 'We bear witness that you have passed the same judgment as the Messenger of Allah did concerning a woman from among us who was called Birwa' bint Washiq.'" He said: "Abdullah was never seen looking so happy as he did on that day, except with having accepted Islam."