النص المفهرس
صفحات 221-240
Vol.3
Translation & Commentary of MISHKATUL MASAABIH
:
220
VIRTUE OF PIOUS WOMEN OF THE QURAYSH
(٣٠٨٤) وَعَنْ أَبٍ مُرَيْرَةً قَالَ قَالَ تَسْؤُلُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ خَيْرُ نِسَاءٍ رَكِبْنَ الْإِبِلَ صَالِمُ نِسَاء قُرَيْشٍ
آحْتَاهُ عَلَى وَلَدٍ فِى صِغَرِه وَادْعَاهُ عَلى زۇچ فى ذات ید»۔ (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3084
said, "The best of women who ride on camels are the pious women of the Quraysh.
They are very kind and loving to the small children and are very mindful to their
husband's possessions (in their hands)."1
COMMENTARY: The women of the Arabs used to ride the camels. So the hadith means
that the best of woman of the Arabs are those of the Quraysh.
WORST OF TRIALS IS WOMEN
(٣٠٨٥) وَعَنْ أُسَامَةً بُنِ زَيْدٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَا تَرَكُتُ بَعْدِىٌ فِتْنَةً أَضَرَّ عَلَّى
الرِّجَالِ مِنَ النِّسَاءِ- (متفق عليه)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Usamah ibn zayd .3085
, said, "I do not leave behind me a trial more harmful to men then (the trial
through) women."2
COMMENTARY: The Prophet Lyled . described women's trial most harmful to men because:
(i)
Men are generally inclined to women, and
(ii)
Men generally are more careful of woman's wishes.
The result is that men succumb to forbidden things to please women. Men fight each other
for the sake of women.
The demands of women push men to worldly pursuits. Clearly, nothing is more harmful
than being involved in the world. The Prophet صلى الله عليه وسلم Lad said about it:
حُبُّ الدُّنْيَا رَأْسُ كُلِّ خَطِيْئَّةٍ
(Love of the world is the root of all evils).
The Prophet's صلى الله عليه وسلم words 'behind me' show that the trial through women was not as
accentuated in his time as after him. Piety was supreme then and evil was suppressed. After
the Prophet's صلى الله عليه وسلم death evil became stronger gradually and soon suppressed piety.
BEWARE OF TRIAL THROUGH WOMEN
(٣٠٨٦) وَعَنْ آَبٍ سَحِيْدِنِ الْخُدْرِيِّ قَالَ قَالَ رَسُولُ اللَّهِ صَلَى اللَّهُ عَلَيْهِ وَسَلَّمَ الدُّنْيًّا حُلْوَةٌ خَضِرَةٌ وَإِّ اللّهَ
مُسْتَخْلِفَكُمْ فِيْهَا فَيَنْظُرُ كَيْفَ تَعْمَلُونَ فَاتَّقُوا الدُّنْيَا وَاتَّقُوا النِّسَاءُ فَإِّ آوَّلَ فِتَنَةٍ بَنِى إِسْرَائِيُلَ
كَانَتُ فی النِّسَاء- (رواه مسلم)
صلى الله narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Sa'eed al-Khudri .3086
, the said, "The world is sweet and green. Allah has made you khalifah (caliph)
1 Bukhari # 5082, Muslim # 202-2527, Musnad Ahmad 2. 2690.
2 Bukhari # 5096, Muslim # 97-2740/1, Tirmidhi # 2789, Ibn Majah # 3998, Musnad Ahmad 5-200.
:
221
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
(vicegerent) in it. He watches (you) how you act. So (fear and) preserve yourselves
from the world and preserve yourselves from women, for, the first trial of Banu
Israil was through women."1
COMMENTARY: The world appeals to a man as a sweet thing does and delight the eyes as
greenery does.
The world belongs to Allah. He is its Master and Ruler. He has made you His vicegerent on
earth. You are His attorney in the earth to work on it. He watches you all the time how you
work as His vicergrent and how you discharge you duties.
The relative words in the hadith could also mean that Allah has made you deputy of those
people who have departed from this world before you (as their heirs). Whatever they had
belongs to you and He sees now how you conduct yourselves and take a lesson from their lives.
The next words are that you should guard yourselves from the intrigues of the world. You
must not let yourselves be trapped in its net because it is not everlasting. When you are
resurrected for the eternal world you will be called to reckon and to serve punishment.
So, too, guard yourselves against the deceit of women. The pious woman is a blessing of
Allah but an evil woman is a trial for all. So let not the conspiracies of evil women or the
deinands of your wives plunge you in the unlawful and forbidden things and so into ruin
and destruction.
WOMEN WAS THE FIRST TRIAL CF THE CHILDREN OF ISRA'IL LEADING THEM
TO DESTRUCTION
There was a man by the name al Bal'am ibn Ba'ur in the time of prophet Musa (>JIle. He
was one whose prayers were answered very often. Because he know the great name of
Allah (ism a'zam). At one juncture. Prophet Musa (Jule advanced with a large army to
fight the jabbarun and encamped at a place of Banu Kir'an in Shaam (Syria). The tribe of
Bal'am came to him and request him, "Musa has come here with a huge army to kill us and
drive us out of this place. So, do curse him so that he goes away from here." Bal'am said,
"You do not know what I know. How may I curse a Prophet of Allah and his followers. If I
do that, I will be rained in both the worlds." But, they persisted and pleaded with him
unceasingly to curse prophet Musa (>Je. Finally Bal'am conceded, 'I shall seek Allah's
guidance in this regard and wait for his command. Then I shall decide."
Bal'am never did anything without making istikharah (which is to seek Allah's guidance). So,
when he did that, he dreamt that he should never pray against the Prophet and the believers
with him. So, Bal'am informed his tribe that he was not prepared to oblige them. But, they.
did not give in. They brought to him precious gifts, pleaded with him and wept bitterly and;
. in the end, managed to compel him. He was trapped. He mounted his donkey and set out to
.
the mount Jistan to curse Prophet Musa (>.Jun,le whose army was pitched near to it.
His donkey stumbled many times on the way but he beat it to resume the journey. This things
prolonged and Bal'am too was exhausted picking up the donkey every time it fell down.
Then Allah enable the donkey to speak. It said, "O Bal'am, silly man! Do you not see where
you are going? You push me forward but the angels drive me back!" Bal'am heard the
donkey but instead of paying heed, he alighted from it and leaving it there walked ahead
on foot. He climbed the mountain and began to curse. However, whenever he intended to
name Prophet Musa (WJule and his tribe, his tongue uttered the name of his own tribe
1 Muslim # 99-2742, Tirmidhi # 2198, Ibn Majah # 4000, Musnad Ahmad 3-22.
Vol.3
Translation & Commentary of MISHKATUL MASAABIH
222
instead of Banu Isra'il
His people protested and he convinced them that he called the name of Banu Isra'il but his
tongue took their name. In spite of that Bal'am did not desist. He tried to curse till he faced
punishment and his tongue emerged to rest on his chest. Then he was nonplussed and
lamented that he was ruined in both the worlds, yet he persisted, "We must now think of
some way to eliminate the Banu 'Isra'il." Then he suggested to his people. "Adorn your
women superbly. Let them carry some things in their hands and pretend to sell them. They
should go to the army of Banu Isra'il as saleswomen. Advse them to lure the Banu Isra'il
and submit to anyone who invites them. Even if one of them commit fornication, then you
will gain success.
They did that, when the women went to the Banu Isra'il, one of them captivated one of
their chiefs zamzam ibn Shalum. He took her by her hands to prophet Musa (> Jule and
asked, "Do you say that she is forbidden to me?" He said, "Yes!" But, zamzam said, "I shall
not obey you concerning her" and he took her concerning her" and he took her to his tent
here he committed the evil deed.
That did it! Allah wrath descended on them. In no time, seventy thousand of their men
died. Fahas the grandson of Prophet Harun (). Jule and a giant of a man who was also the
guard of Prophet Musa (>Jinde took his weapon and rushed to the tent of zamzam and, in
the twinkling of an eye, he consigned both zamzam and his mistress to death, saying,
"Allah has destroyed us because of this man!"
As soon as they were killed, the punishment was withdrawn from them.1
THREE THINGS ARE INAUSPICIOUS
(٣٠٨٧) وَعَنِ ابْنِ عُمَرَ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ الشُّؤْمُ فِى الْمَرْأَّةِ وَالدَّارِ وَالْفَرَسِ - مُتَّفَقٌ
عَلَيْهِ وَفِىِ رِوَايَةٍ الشُّوْمُ فِي ثَلَاثَةٍ فِي الْمَرْأَةِ وَالْمَسْكِّنِ وَالدَّائَةِ.
3087. Sayyiduna Ibn Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"There is ill omen in a woman, a house and a horse."
According to another version: 'Ill omen is attached to three things: a woman a
residence and an animal."2
COMMENTARY: The Arabic word (j&J) (ash-Sha-um) is the opposite of yaman and it
means withdrawal of blessing or inauspiciousness. Let us now see what it implies.
The ominous nature of the house could mean its smallness and had neighbourhood. It is
uncomfortable and the neighbours are evil.
The woman is unfavourable when she is paid a high dower, is ill-tempered, bad mannered
and barren. She cannot give comfort but causes difficulties.
When a horse is said to have ill omen attached to it, it is naughty, slow paced and not used
for jihad. It is not an asset for its owner.
Some ulama (Scholars) say that the hadith means that if there was ever an ill omen in
anything then it would be in these three things. In other words, to attach ill omen to any
thing is meaningless. It is only a superstition and there is no truth about it. If there really
1 See 'Stories of the Prophets' Ibn Kathir. Pg 244, Darul Isha'at Karachi.
2 Bukhari # 5093, Muslim # 115-2225, Abu Dawud # 3922, Tirmidhi # 2833, Nasa'i # 3571, Musnad
Ahmad # 4544.
223
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
was an ill omen in anything, it would be found in these three things because they can
qualify for it. This saying of the Prophet Lle ano is like his words, "If any thing was
outside the shphere of destiny that would be an evil eye." In other words, everything in
this universe follows the set procedure of fate predetermined yet if anything could escape
that predestination, it would be the evil eye.
Hence, just as these words of the Prophet صلى الله عليه وسلم do no mean that the evil eye is not
governed by fate, so too the hadith mentioned here does not mean to say that ill omen is
attached to these three things.
Some other ulama (Scholars) say that if a person has a house in which he does not like to
reside, or a wife with whom he finds it disagreeable a have a sexual relationship, or a horse
that he does not like, then he must part from the thing that is incompatible.
Thus this hadith does not disagree with the hadith that disallows attaching an ill omen to
something. It does not say that there is an ill omen in anything.
PREFER A VIRGIN FOR A WIFE
(٣٠٨٨) وَعَنْ جَابِرٍ قَالَ كُنَّا مَعَ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِي غَزْوَةٍ فَلَنَّا قَفَلْنَا كُنَّا قَرِيْبًّا مِنَ الْمَدِيْنَةِ قُلْتُ يَا
رَسُؤُلَ اللّهِ إِنِّ حَدِيْثُ عَهُدٍ بِعُرْسٍ قَالَ تَزَوَّجُتَ قُلْتُ نَّعَمْ قَالَ آَبِّكُرْ آَمْ تَتِّبْ قُلْتُ بَلُ قَيِّبْ قَالَ فَهَلَّا
بِكْرًّا تُلَاعِبُهَا وَتُلَا عِبُكَ فَلَنَّا قَدِمْنَا ذَهَبْنَا لِنَدْخُلَ فَقَالَ آَمْهِلُوا حَتَّى تَدْخُلَ لَيْلَّ اى عِشَاء لِكَّنْ تَمْتَشِطَ
الشَّكْفَةُ وَتَسْتَحِدُّ الْمُغِيْبَةُ- (متفق عليه)
3088. Sayyiduna Jabir us à >, narrated that they were with the prophet on an
expedition and when they returned and were near Madinah, he said, "O Messenger
of Allah, I have married recently" (hoping to be allowed to go ahead of the others to
his wife). He asked, "So you have married?" He said, Yes!" He asked, "A virgin or a
window?" He said, "Rather, a widow." He asked, "why did you not marry a virgin?
You could have enjoyed her and she would have enjoyed you." When they were at
Maidnah and everyone intended to go to his home, he said, "Wait. We shall enter
by night, meaning in the evening, to allow the woman with disheveled hair to comb
it and the woman whose husband was away (with us participating in jihad) may
shave her pubes."1
COMMENTARY: When a man marries a virgin, they have more love for one another and
are more friendly, The widow, on the other hand, remembers her first husband and if she
does not adapt to living standard of the second, her outlook depicts it. So she is not as
much friendly as a virgin is.
On returning from a journey, do not make haste to return home. Allow your wife time to
prepare herself. In this way you will not find her in a disagreeable condition.
Other ahadith disallow travellers from returning home at night. But, this applies when
advance information is not given home about one's arrival. If the family is told beforehand
of the arrival then there is no harm.
1 Bukhari # 5247, Muslim # 57-1466, Abu Dawud # 2048, Nasa'i # 3226, Ibn Majah # 1860, Darimi #
2216.
.
:
Vol.3
Translation & Commentary of MISHKATUL MASAABIH
224
الفضلُ القَّانِى
SECTION II
THERE WHOM ALLAH HELPS ALWAYS
(٣٠٨٩) عَنْ آَبِي هُرَيْرَةَ آَكَّ رَسُولَ اللُّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ- قَالَ ثَلَاثَةٌ حَقِّ عَلَى اللُّهِعَوْنُمُ الْمُكَاتَبُ الَّذِى
يُرِيْدُ الَّادَاءَ وَالنَّاكِمُ الَّذِىُ يُرِيدُ الْعَفَافَ وَالْمُجَاهِدُ فِي سَبِئْلِ اللهِ- (رواه الترمذي والنسائي وابن ماجة)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3089
said, "Three there are who have a right to get Allah's help (as per His promise).
They are:
(i) . The mukatab who resolves to pay to his master to buy his freedom.
(ii) He who married to preserve his chastity.
(iii) The warrior in Allah's path."1
COMMENTARY: Mukatab is the slave whose master offers to set him free if he pays him
a certain sum of money. The sum of money that the master asks for his release is called
badal kitabah.
INSTRUCTIONS FOR GUARDIAN OF WOMAN
(٣٠٩٠) وَعَنْهُ قَالَ قَالَ تَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ إِذَا خَطَبَ إِلَيْكُمُ مَّنْ تَرْضَوْنَ دِيْنَهُ وَخُلُقَهُ
فَزَوِّجُوْهُ إِنْ لَا تَفْعَلُؤْ تَكُنْ فِتْنَةٌ فِي الْأَرْضِ وَفَسَالْ عَرِيُضْ-(رواه الترمذى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3090
said, "When a man proposes marriage and you are pleased with his religion and
character, marry (your daughter) to him, If you fail to do that then there would be
mischief on earth and much corruption."2
COMMENTARY: This is an important instruction to the parents, or guardians of women.
They should accept proposal marriage for their ward from a religious and well-mannered
man and marry their girl to him. If they reject him waiting for a rich worldly man's
proposal then the wait will be long. Most women will remain single and most men will
continue to live a bachelor's life. Most religious families are inclined to do it. This gives rise
to temptation and spreads evil. The elders will be blamed for the situation.
Teebi as ato, said that this hadith is evidence for Imam Maalik's alus, contention that
equality of the spouses is based only on religious standing. The two may suffice one
another only through religion. The other ulama (Scholars), however, say that four qualities
should be considered to become sufficient for (or partners of) one another. They are:
(i)
religion,
(ii)
freedom,
(iii)
descent, and
(iv)
profession.
Thus, a Muslim women should not be given in marriage to a disbeliever, to a man of unknown
ancestors and (if she is the daughter of a merchant or a man of good profession, she should not
be married) to a man of an unlawful profession or a makruh (disapproved) occupation.
1 Tirmidhi # 1661, Nasa'i # 3218 (or 3220) , Ibn Majah # 2518, Musnad Ahmad # 9637.
2 Tirmidhi # 1086, Ibn Majah # 1967.
.
Vol.3
Translation & Commentary of MISHKATUL MASAABIH
225
However, if a woman's guardian and the woman herself and pleased with the proposal of
an unequal man, then the marriage will be correct.
MARRY WOMAN WHO ARE LOVING.
(٣٠٩١) وَعَنْ مَعْقِلٍ بْنِ يَسَارٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ تَزَوَّجُوا الْوَدُوْدَ الْوَلُوُدَ فَإِنِّ مُكَاثِرٌ
بِكُمُ الْأُممَ- (رواه ابوداود والنسائى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Ma'qil ibn Yasar .3091
said, "Marry women who love (their husbands) and are very fecund because I shall
surpass the umahs by your numbers."1
COMMENTARY: The aim is to have large numbers of the ummah of Muhammad lealL.
. To achieve that a woman must possess both the qualities mentioned in the hadith.
A woman can be known to be prolific and loving by looking at her family background. If
her family is large, she is liable to be fecund because that is a trend in her family.
This hadith says that it is mustahab (desirable) to marry women who are loving and inclined
to give birth to many children. The prophet ,L,le dlo will take pride in large numbers of
his ummah.
The hadith could also mean that a man should keep regular sexual relationship with those
of his wives who are prolific.
BETTER TO MARRY A VIRGIN
(٣٠٩٢) وَعَنْ عَبْدِ الرَّحْمُنِ بْنِ سَالِمٍ بُنِ عُثْبَةَ بْنِ عُوَيُمِ بْنِ سَاعِدَةَ الْأَنْصَارِيِّ عَنْ آَيْهِ عَنْ جَدِّهٍ قَالَ قَالَ
رَسُوْلُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَلَيْكُمُ بِالْأَبْكَارِ فَإِنَّهُنَّ أَعْذَّبُ أَفْوَاهَا وَانْتَقُّ أَرْحَامًا وَأَرْطَى بِالْيَسِيْرِ-
رَوَاهُ ابْنُ مَاجَهَ مُرْسَلًا-
3092. Sayyiduna Abdur Rahman ibn Saalim ibn Utbah ibn Uwaym ibn Sa'idah Al-
Ansari ales, narrated that his father that his grandfather (Utbah) avus, reported the
saying of Allah's Messenger ,can Lo that they should marry virgins for they have
mouths (than others and possess sweet voices and good speech and they are not
indecent speakers). They possess fertile wombs and are more pleased with little.2
COMMENTARY: The virgin is more prolific but this is as per apparent cause and effect
conditions. It is meaningless without Allah's command. (See also the commentary to
hadith # 3088)
The virgin is also content with little.
SECTION III
اَلْفَضْلُ الثَّالِثُ
PECULIARITY OF MARRIAGE
(٣٠٩٣) عَنِ ابْنِ عَبَّاسٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَمْ تَرَ لِلْمُتَحَابَّيْنِ مِثْلَ النِّكَاحِ
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Ibn Abbas .3093
said, "You will not have seen anything like marriage that increases love
1 Abu Dawud # 2050, Nasa'i # 3227.
2 Ibn Majah # 1861
V51.3
Translation & Commentary of MISHKATUL MASAABIH
226
between two lovers."1
COMMENTARY: Husband and wife who were unrelated and were strangers begin to love
one another after marriage as no two people may be expected to love one another.
MARRYING WOMEN WHO ARE FREE
(٣٠٩٤) وَعَنْ آَنَسٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنْ آَرَادَ أَنْ يَلْقَى اللَّهَ ظَاهِرًا مُطَهِّرًا
فَلْيَتَزَوَجِ الْخَرَائِرَ-
3094. Sayyiduna Anas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, "He
who resolves to meet Allah while he is pure and purified (of the evil of fornication)
must marry free women."2
COMMENTARY: The free woman are more pure then female slaves. They teach their
children manners such are female slave cannot teach.
QUALITY OF A PIOUS WIFE
(٣٠٩٥) وَعَنْ آَبِ أُمَامَةَّ عَنِ النَّبِيِّ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ أَنَّهُ يَقُوْلُ مَا اسْتَفَادَ الْمُؤْمِنُ بَعْدَ تَقْوَى اللَّهِ خَيْرًا لَهُ
مِنْ زَوْجَةٍ صَالِحَةٍ إِنْ أَمَرَهَا أَطَاعَتُهُ وَإِنْ نَظَرَ إِلَيْهَا سَرَّتُهُ وَإِنْ أَقْسَمَ عَلَيْهَا أَبَرَّتُهُ وَإِنْ غَابَ عَنْهَا
نَصَحَتُهُ فِي نَفْسِهَا وَمَالِهٍ رَوَى ابْنُ مَاجَةَ الْأَحَادِيْثَ الثَّلَائَةَ۔
3095. Sayyiduna Abu Umamah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said
often, "The believer earns for himself nothing better, after fear of Allah, than a
righteous wife. If he commands her, she obeys him. If he looks at her, she delights
him (with her beauty, purify and cheerful countenance). If he adjures her, she
makes it true. And, if he is absent from her, she is sincere to him concerning her
person (not being unfaithful to him, and concerning) his property (not being
careless and treacherous)."3
COMMENTARY: Taqwa (piety) (fear of Allah) is to obey Allah's commands and to abstain
from what He has disallowed.
The wife obeys her husband what is not sinful and in that which complies with : (divine
law) and she does not displease Allah. It is a command of : (divine law) that one should
not obey the command of the creatures that calls for disobedience of the creator.
This woman prefers her husband's wishes to her own. She does not what he likes and
abstains from that which he does not like.
MARRIAGE IS HALF OF RELIGION
(٣٠٩٦) وَعَنْ آَنَسٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِذَا تَزَوََّ الْعَبْدُ فَقَدِ اسْتَكُمَلَ نِصْفَ الدِّيْنِ
فَلْيَتَّقِ اللهَ فِي النِّصْفِ الْبَاقِ-
3096. Sayyiduna Anas رحمه الله narrated that Allah's Messenger صلى الله عليه وسلم said, "When
1 Ibn Majah # 1847.
2 Ibn Majah # 1862.
3 Ibn Majah # 1875.
1
227
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
a person married, he (or she) has perfected half of the religion. Now, let him (or her)
fear regarding the other half."1
COMMENTARY: Two things there are in a human body that the generally responsible for
corrupting religion. These two are the private parts and the belly.
The hadith says that when one marries, he preserves himself from the mischief of his
private parts. He must then concentrate on delivering himself from the mischief of the belly
by fearing Allah for which he must earn lawful sustenance to feed his own self and his
family. In the way, he shall perfect the entire religion.
THE MARRIED LIFE THAT IS AUSPICIOUS
(٣٠٩٧) وَعَنْ عَائِشَةَ قَالَتْ قَالَ النَّبِىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ اكَّ أَعْظَمَ النِّكَاحِ بَرَكَةً أَيْسَرُهُ مُؤْنَةً - رَوَاهُمَا
الْبَيْهَقِىُّ فِى شُعَبِ الإِيمَانِ.
3097. Sayyidah Ayshsh " - رصى narrated that the Prophet صلى الله عليه وسلم said, "The
marriage that has the greatest blessing is the one that calls for the easiest effort."2
COMMENTARY: The least effort is when the dower is small and the wife is not
demanding but is content with what she gets.
CHAPTER - II.
LOOKING AT THE WOMAN TO WHOM A
PROPOSAL FOR MARRIAGE IS SENT & THE
LIMBS THAT MUST BE KEPT COVERED
◌َابُ النَّظْرِ إِلَى الْمَخْطُقْبَةِوَيَتَانُ الْعَوْرَاتِ
The Arabic words in the heading are al-makhtubah and al-awrat. The former means 'the
woman to whom the marriage proposal is sent.' The latter means 'the limbs that one is
commanded to conceal (or cover).'
LOOKING AT THE MAKHTUBAH
According to Imam Abu Hanifah als,, Imam Shafi'I als,, Imam Ahmad alus, and most
of the ulama (Scholars), it is permitted to man to see the woman whom he sends proposal
for marriage even if she does not give permission for it. Imam Maalik alu>, holds that a
man is permitted to see her only if he has her permission for that. It is disallowed to see her
without her consent, and according to a report, Imam Maalik a >, holds that it is
absolutely disallowed to see her.
The juristic ruling in this connection is that, instead of looking at the woman a man
proposes to marry, he should ask an experienced woman to get him the necessary
information after looking at the woman he proposes to marry.
SECTION I
الفضل الآۇَلُ
MUSTAHAB (DESIRABLE) TO SEE WOMAN BEFORE PROPOSING
(٣٠٩٨) عَنْ آبٍ هُرَيْرَةً قَالَ جَاء رَجُلْ إِلَى النَِّيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَ إِّ تَزَوَّجُتُ امْرَأَةً مِنَّ الْآَنْصَارِ
1 Bayhaqi in Shu'ab ul Eeman # 5486.
2 Bayhaqi in Shu'ah ul Eeman # 6566.
*Vol.3
Translation & Commentary of MISHKATUL MASAABIH
228
قَالَ فَانْظُرْ إِلَيْهَا فَإِنَّ فِي أَعْيُنِ الْآَنْصَارِ شَيْئًا - (رواه مسلم)
3098. Sayyiduna Abu Hurayrah a+, narrated that a man came to the Prophet &n.
eljule and said, "I intend to marry a woman of the ansar." He said, "So, look at her,
for, there is something in the eyes of (some of the) ansars."1
COMMENTARY: The Prophet صلى الله عليه وسلم advised the man to look at the woman before
marrying her because there was some wrong in the eyes of some of the ansars, so that later
on it might not cause him dislike. Allamah (The learned Scholar) Nawawi al des, said
something like it.
It is allowed to disclose a defect to someone else with a good intention.
It would be understood that only the face and hands of the woman may be seen but only if it
would not create a sexual excitement because both these limbs are not part of satr (private
parts). (Satr is the portion of a person's body that must be covered in the presence of another.)
WIFE MUST NOT DESCRIBE ANOTHER WOMAN TO HER HUSBAND
(٣٠٩٩) وَعَنِ ابْنِ مَسْعُوْدٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا تُبَاشِرُ الْمَرْأَةُ الْمَرَاةَ فَتَنْعَتَهَا لِزَّوُجِهَا
كَانَّه يَنْظُرُ إِلْتَهَا - (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Ibn Mas'ud .3099
said, "No woman must touch her (naked) body to the (naked) body of another
woman. And (she must) not describe her to her husband (because describing her to
him is) as though he were looking at her."2
COMMENTARY: It is very shameful for a woman to undress before another naked woman
and for both of them to embrace one another. Again it is disgraceful for her to give a rundown
of the other's nudity to her husband. This could excite him and might lead to mischief.
GUIDELINES FOR MEN & WOMEN
(٣١٠٠) وَعَنْ أَبٍ سَعِيْدٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا يَنْظُرُ الرَّجُلُ إِلَى عَوْرَةِ الرَّجُلِ وَلَّا
الْمَرَأَةُ إِلَى عَوْرَةِ الْمَرْأَةِ وَلَا يُفْضِ الرَّجُلُ إِلَى الرَّجُلُ فِيْ ثَوْبٍ وَاحِدٍ وَلَّا تُقْضِى الْمَرْأُ إِلَى الْمَرْأَةِ فِى ثَوابٍ
وَاحِدٍ- (رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Sa'eed .3100
said, "No man must look at the awrah of another man and no woman at the
awrah of another woman. And no man must cover himself with another man in
a single garment and no woman must cover herself with another woman in a
single garment."3
COMMENTARY: The parts of the body of men and women that : (divine law) has
disallowed to be seen or touched by one another are called satr (private parts) or awrah.
The satr (private parts) for men is from the waist to the knee (or navel to knee). For women
1 Muslim # 74-1424, Musnad Ahmad 2-299.
2 Bukhari # 5240, 5241, Tirmidhi # 2801, Abu Dawud # 2150, Musnad Ahmad 1-387.
3 Muslim # 74-338, Tirmidhi # 2802, Ibn Majah # 661, Musnad Ahmad 3063.
229
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
it is from neck to feet (or entire body except face and hands). These parts ought to be
covered and concealed from the sight of others. The juristic directions are outlined here.
A man's satr (private parts) is between his navel and below his knees. It is not allowed to
any other man or woman to look at it unnecessarily. His wife or female slave may,
however, see that portion. As for the rest of his body, both man and women may see it.
However, if a woman is likely to be excited sexually then she is not allowed to see any
portion of his body at all.
In the same way, a woman's body from her navel down to her knees is satr (private
parts) for :"other woman. She may not see it unnecessarily. A woman's satr (private
parts) for a man is ner whole body which means that it is not allowed to a man to see
any part of a stranger woman's body. But, according to one version, a woman's face,
both hands and both feet are not part of her satr (private parts) which means that an
outsider man may see these limbs of a woman who is a stranger to him, provided he is
immune from sexual excitement. If he is liable to be excited sexually then he is not
permitted to look at even these limbs.
WHEN NECESSARY: At times when it becomes necessary, a man may look at a woman
whether he is immune from sexual excitement or not. Examples are of a witness when he
gives testimony, or a ruler at the time of giving a judgement, they may look at these limbs.
TOUCHING: It is not allowed to an unknown man to touch these limbs of a woman, face,
hands and feet even if he is not likely to be excited sexually. This applies when the woman
is young but if she is very old or the man is very old so that a desire is out of question and
the woman too is safe then it is allowed to touch these limbs.
WIFE'S BODY: A man is allowed to see the entire body of his wife and his female slave
with whom he is allowed to have sexual intercourse.
FOR THE MAHRAM: The woman's satr (private parts) for her mahram is her back,
stomach, and navel down to knees so, the mahram is not allowed to look at these limbs of
the woman whose mahram he is, even if he is not likely to be sexually excited. A mahram
may see her head, shins upper arms and chest because these parts of her body are not satr
(private parts) for him, provided, of course, he is safe from sexual excitement.
The satr (private parts) of a female slave of another person is like the satr (private parts) of
a woman whose mahram he is, meaning her back, stomach and from navel down to below
knees. For a man, the same command applies for these limbs of a female slave of someone
else as for these parts of the woman whose mahram he is as far as seeing and touching
them is concerned.
It is forbidden to look at a handsome man with an evil desire or to touch him.
It is allowed to touch and to look at a woman while intending to propose marriage with
her, or a female slave at the time of buying her in spite of likelihood of lustful desire.
As slave is like a stronger for his master's wife. She must use the veil in his presence as she
does before other men. The same applies in the presence of eunuchs and emasculate men.
The jurists say that it is forbidden to look at stranger women both for sexual pleasure
or otherwise.
It is forbidden and makruh (disapproved) for two men or two women to be together nude
in one garment even if it is out of habit without any evil idea. In any case, it is shameful.
:
Vol.3
Translation & Commentary of MISHKATUL MASAABIH
230
DISALLOWED TO BE ALONE WITH STRANGER WOMAN
(٣١٠١) وَعَنْ جَابِرٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ اَلَا لَا تَبِئْتَنَّ رَجُلْ عِنْدَ امْرَ أَةٍ تَتِبٍ إِلَّ أَكْ
◌ُّكُوْنَ نَاكِكًا آَوْذَامَحُرٍ- (رواه مسلم)
3101. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"No man must spend a night with a married woman unless he is married to her
or is her mahram."1
COMMENTARY: Here, 'to spend a night with her' is to meet her in solitude or be alone
with her, by night or by day at any place.
The words thayyib is a woman who is no longer a virgin. But, here it means a 'young
woman.' Married or unmarried.
Mahram is one with whom it is disallowed to marry at all times. He can be a son, brother,
son-in-law, etc. It may be because of fosterage or otherwise.
(٣١٠٢) وَعَنْ عُقْبَةَ بْنِ عَامِرٍ قَالَ قَالَ تَسْوُلُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِيَّاكُمْ وَالدُّخُوْلَ عَلَى النِّسَاءِ فَقَالَ
رَجُلْ يَا رَسُوْلَ اللهِ أَرَ أيْتَ الْمُوَ قَالَ الْحُمُوُ اَلْمَوْتُ - (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Uqba ibn Aamir .3102
said, "Beware of visiting women (who are not mahram)." A man asked, "O
Messenger of Allah, what do you say of hamu?" He said, "The hamu are death."2
COMMENTARY: Hamu are the near relatives of the husband, like his brother. The father
and son of the husband are not among the hamu.
Just as death ruins a person's life, so the hamu ruin a woman's life by visiting her in
solitude, both her religion and her manners.
These words are parts of Arabic idiom: hamu are death, lion is death, the king is fire. These
are idiomatic expressions implying 'play with death.'
PHYSICIAN MAY EXAMINE WOMAN
(٣١٠٣) وَعَنْ جَابِرٍ أَكّ أُمَّ سَلَمَةَّ اسْتَاذَنَتْ تَسُوْلَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِي الْحِجَامَةِ فَأَمَرَ أَبَا طَيْبَةً
أَنْ يَحْجَمَهَا قَالَ حَسِبْتُ أَنَّه كَانَ آَخَاهَا مِنَ الرَّضَاعَةِ أَوْ غُلاَمَا لَمُ يَخْتَلِمُ - (رواه مسلم)
3103. Sayyiduna Jabir رضى الله عنه narrated that Sayyidah Umm Salamah رضى الله عنه (the
mother of the believers) sought permission of Allah's Messenger صلى الله عليه وسلم to be
cupped. He instructed Sayyiduna Abu Taybah رضى الله عنه to cup her. Jabir رضى الله عنه said,
"I presume that he was her foster-brother, or (he was) a young boy who had not
attained the age of puberty."3
COMMENTARY: The presumption of Sayyiduna Jabir usato, implies that Sayyidah Umm
Salamah us ant +, did not need to be cupped because, if it was necessary, a stranger could
have done the cupping and opened the veins.
1 Muslim # 19. 2171.
2 Bukhari # 5232, Muslim # 20. 2172, Tirmidhi # 1174, Musnad Ahmad 4. 149, Da'imi # 2647.
3 Muslim # 72-2206.
Vol.3
Translation & Commentary of MISHKATUL MASAABIH
231
We knows, therefore, that a physician may examine a woman's entire body to treat her.
ABOUT A SUDDEN GLANCE AT A WOMAN
(٣١٠٤) وَعَنْ جَرِيُرِ بْنِ عَبْدِ اللهِ قَالَ سَأَلْتُ رَسُوْلَ اللَّهِ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ عَنْ نَظَرِ الْفُجَاءَةِ فَأَمَرَنِيْ
آ آصْرِفَ بَصَرِئُ۔(رواه مسلم)
صلى narrated, "I asked Allah's Messenger رضى الله عنه Sayyiduna Jarir ibn Abdullah .3104
, ale an about a sudden (unintentional) glance (on a woman stranger, not a
mahram). He instructed me that I should turn away my sight (immediately)."1
COMMENTARY: This means that if a man happens to look at a woman unintentionally
then he must not continue to ogle at her. The first sight is not deliberate, so is forgiven, but
it is wajib (obligatory) to turn away the glance. If anyone continues to look at her, then that is
a sin. The same thing is known from the Quran:
قُلُ لِّلْمُؤْمِنِيْنَ يَخُضُّوا مِنْ آَبْصَارِ هِمْ - (النور ٣٠:٢٣)
{Say to the believing men that they should lower their gaze.} (24: 30)
Of course, when it is necessary, like for marriage, etc, it is permitted to keep looking after
the first gaze. If a woman has to have an injury or other problem examined then she might
show to the physician only that portion. She must keep the rest of the body covered.2
WHEN TEMPTED GO TO WIFE
(٣١٠٥) وَعَنْ جَابِرٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِّ الْمَرْأَةَ تُقْبِلُ فِى صُوْرَةِ شَيْطَانٍ وَتُدُ
بِرُفِىِ صُوْرَةِ شَيْطَانٍ إِذَا أَحَدُكُمْ أَعْجَبَتْهُ الْمَرْأَةُ فَوَقَعَتْ فِي قَلْبِهِ فَلْيُعْمَدْ إِلَى امْرَأَتِهِ فَلْيُوَا قِمْهَا فَإِّ ثُلِكَ
يَرُدُّ مَافِى نَفْسِه-(رواه مسلم)
3105. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, 'A
woman comes in the form of a devil and returns in the form of a devil. When any of
you is attract ed by a (stranger) woman and she makes a home in his heart, he
should head (straight) to his wife and have a sexual intercourse with her. That will
put an end to the excitement in his heart (meaning the sexual urge)."3
COMMENTARY: The woman comes in the form of a devil. This is actually a comparison
because she brings indecent thoughts to the mind and evil temptations to lead astray.
These are what the devil does.
Hence, to look at a woman whose mahram a man is not is a means of mischief and evil. The
ulama (Scholars) deduce from it that a woman should not emerge from her house
unnecessarily. If she is compelled to come out, then she must not adorn herself.
As for man, he must not look at another woman, not even towards her garments.
This hadith is evidence that a man may call his wife for sexual intercourse even during the day
time though she may be busy with her household chores which it may not be possible for to
suspend. If she does not respond then man becomes rest less in mind and body and falls sick.
1 Muslim # 45-2159, Tirmidhi # 2785, Abu Dawud # 2148, Musnad Ahmad 4. 358.
2 See Tirmidhi # 2786 about persisting after first gaze. Darul Isha'at Karachi.
3 Muslim # 9-1403, Musnad Ahmad 3-341.
Vol.3
Translation & Commentary of MISHKATUL MASAABIH
232
الفضل الثَّانِى
SECTION II
MUSTAHAB (DESIRABLE) TO LOOK AT THE WOMAN BEFORE PROPOSING
(٣١٠٦) عَنْ جَابِرٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِذَا خَطَبَ أَحَدُكُمُ الْمَرْأَةُ فَإِنْ اسْتَظَاءَ آَنْ
يَنْظُرَ إِلى مَا يَدْعُوْهِ إِلَى نِكَاحِهَا فَلْيَفْعَلُ-(رواه ابوداؤد)
3106. Sayyiduna Jabir رضى اله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"When any of you proposes marriage to a woman and is able to look at (her hands
and face) that which attract him to marry her, he must do so."1
!
COMMENTARY: It has been stated earlier too (hadith # 3088) that it is mustahab (desirable)
to look at the woman one wishes to marry because if he likes that woman, he will marry
her and be protected from immodesty. This indeed, is the true objective of marriage.
It must be understood that a previous advice that a woman should not be married because
of her beauty does not imply that looks should be ignored altogether. Rather, the meaning
was that beauty should not be preferred to religion.
(٣١٠٧) وَعَنِ الْمُخِيُّرَةِ بْنِ شُعْبَةً قَالَ خَطَبْتُ امرأةٌ فَقَالَ لِيْ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ هَلْ نَظَرُتَ إِلَيْهَا
قُلْتُ لَا قَالَ فَانْظُرُ إِلَيْهَا فَإِنَّهُ أَحْرِى أَنْ يُؤْدَمَ بَيْنَكُمَا- (رواه أحمد والترمذي والنسائي وابن ماجة والدارمى)
3107. Sayyiduna Al-Mughirah ibn Shu'bah us », narrated that when he proposed
marriage to a woman, Allah's Messenger صلى الله عليه وسلم asked him, "Have you looked
at her?" He submitted that he had not, so he instructed, "Look at her for that is very
good and will grow love between both of you."2
COMMENTARY: It means: if you marry the woman you proposed to marry after look':
at her, the two of you will love one another very much. Generally, there are no regrets if
anyone marries a woman after looking at her. The man does not have to feel bad or
perturbed about his choice.
ON UNINTENTIONAL GLANCE AT A WOMAN, GO TO YOUR WIFE FOR SOLACE
(٣١٠٨) وَعَنِ ابْنِ مَسْعُوْدٍ قَالَ رَأَّى رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ امْرَأَةً فَأَعْجَبَتْهُ فَأَّ سَوْدَةً وَهِىَ تَقْنّغُ
◌ِيُبًّا وَعِنْدَهَا نِسَاءَ فَأَخْلَيْنَهُ فَقَضَى حَاجَتَهُ ثُمَّ قَالَ أَيُّمَا رَجُلٍ رَأى امْرَأَةً تُعْجِبُةُ فَلْيُقُمْ إِلَى أَهْلِهِ فَإِنَّ مَعَهَا
مِثْلَ الَّذِى مَعَهَا- (رواه الدارمى)
3108. Sayyiduna Ibn Mas'ud narrated that Allah's Messenger صلى الله عليه وسلم saw a
woman who he found attractive. So, he came to Sayyidah Sawdah usal+, who was
preparing perfume and there were some women with her. They left him (alone with
her) and he had his need satisfied (with her). Then, he said, 'Whichever man sees a
woman who looks good to him must come to his wife, for she has the like of what
she (the other) has."3
1 Abu Dawud # 2082
2 Tirmidhi # 1089, Nasa'i # 3235, Ibn Majah # 1865, Darimi # 2172, Musnad Ahmad 4-246.
3 Darimi # 2215.
233
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
COMMENTARY: The grace of the Prophet صلى الله عليه وسلم fell on the woman involuntarily. She
charmed him and that was human nature.
WOMEN SHOULD REMAIN CONCEALED
(٣١٠٩) وَعَنْهُ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ الْمَرْأَّهُ عَوْرَةٌ فَإِذَا خَرَ جَتُ إِسْتَشْرَ فَهَا الشَّيْطَانُ - (رواه الترمذى)
3109. Sayyiduna Ibn Mas'ud w a >, narrated that the Prophet said, "The woman
should remain in veil, for, when she emerges (out of it) the devil makes her look
good (in the eyes of men)."1
COMMENTARY: The literal meaning of the initial words is that a woman is satr (private
parts) (that which must be covered or concealed). Just as it is bad to uncover the satr
(private parts) in the presence of other people, so too it is bad for a woman to come out
before people.
SECOND GLANCE IS DISALLOWED
(٣١١٠) وَعَنْ بُرَيْدَةً قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لِعَلِيٍّ يَا عَلِىُّ لَا تُنُبِعِ النَّظُّرَةَ فَإِنَّ لَكَ الْأُولِى
وَلَيْسَتُ لَكَ الْآخِرَةُ- (رواه أحمد والترمذى وابوداود)
3110. Sayyiduna Baraydah رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said to
Sayyiduna Ali 4 às+), "O Ali, do not let a gaze follow the first gaze, for, the first is
forgiven (if it was not deliberate) , but the second is not allowed to you."2
FEMALE SLAVE IS FORBIDDEN AFTER HER MARRIAGE TO ANOTHER
(٣١١١) وَعَنُّ عَمْرِو بْنِ شُعَيْبٍ عَنْ آَبِهِ عَنْ جَدِّه عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ إِذَا زَوََّ أَحَدُكُمْ عَبْدَهُ
أَمَتَّهُ فَلَا يَنْظُرَرَ إِلَى عَوْرَ تِهَا وَفِي رِوَايَةٍ فَلَا يَنْظُرَنَّ إِلَى مَادُوْنَ الشُّرَّةِ وَفَوْقَ الرُّكْبَةِ- (رواه ابوداؤد)
3111. Sayyiduna Amr ibn Shu'ayb ws à , reported from his father that his
grandfather narrated that the Prophet صلى الله عليه وسلم said, "When any of you marries his
slave to his female slave, he must not look at her awrah" (parts of body that need to
be concealed, because she becomes forbidden to her master after her marriage).
According to another version "He must not look at (the portion of her body) that is
between below the navel and above the knees."3
COMMENTARY: This command is when a master marries off his female slave to his own
slave. This means that it will apply were forcefully when she is married to someone else's
slave and she will be absolutely forbidden to her master.
Imam Abu hanifah ales, contends that after her marriage, the female slave becomes like
another person's slave girl for her master. The command concerning the female slave of
another person has been mentioned in the hadith of Sayyiduna Abu Sa'eed (# 3100).
Imam Shafi'I ales, contends that after her marriage, the satr (private parts) of the female
slave is like the satr (private parts) of a man.
The arguments of both of them may be seen in the books of fiqh (Islamic jurisprudence).
1 Tirmidhi # 1176.
2 Tirmidhi # 2786, Abu Dawud # 2149, Darimi # 2709, Musnad Ahmad 5-353.
3 Abu Dawud # 4113, Musnad Ahmad 2-187.
Vol.3
Translation & Commentary of MISHKATUL MASAABIH
234
THIGH IS PART OF SATR (PRIVATE PARTS)
(٣١١٢) وَعَنُ جَرُهَدٍ أَكَّ النَّيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ أَمَا عَلِمْتَ أَثَّ الْفَخِذَ عَوْرَةٌ-
(رواه الترمذى وابوداؤد)
3112. Sayyiduna Jarhad رضى الله عنه said that the prophet صلى اللهعليه وسلم asked, "Do you not
know tht things are awrah?"1
COMMENTARY: It is mentioned in the book Asad ul ghabah that once the Prophet 4,le an.
in the mosque. His thigh was uncovered. So, he told him that he رضى الله عنه saw jarhad وسلم
should cover it. This hadith rejects the contention of these ulama (Scholars) who say that
ulama (Scholars) who say that the thigh is not part of the satr (private parts). Indeed, Imam
Maalik ales, and Imam Ahmad al-, are known to have held this view, according to a report.
(٣١١٣) وَعَنْ عَلِيٍّ أَثّ رَسُولَ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَهُ يَا عَلِيُّ لَا تُبْرِزُ فَخِذَكَ وَلَّا تَنْظُرُ إِلى فَخِذٍ تَيٍّ
وَلَّا مَِّتٍ- (رواه ابوداود وابن ماجة)
3113. Sayyiduna Ali رضى الله عنه said that Allah's Messenger صلى الله عليه وسلم said to him, "0
Ali, do not uncover you thigh (in the presence of other people) and do not look at
the thigh of anyone alive or dead.'2
COMMENTARY: It is clear from this hadith that the command for the satr (private parts) is
the same for the living and the dead.
(٣١١٤) وَعَنْ مُحَمَّدٍ بُنِ جَحْشٍ قَالَ مَرَّ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَلَى مَعْمَرٍ وَذَخِذَاهُ مَكُهُوُفَتَان
فَقَالَ يَا مَعْمَرُ غٍَ فَخِذَيْكَ فَإِّ الْفَخِذَيْنِ عَوْرَةٌ- (رواه فى شرح السنة)
صلى الله narrated that Allah's Messenger رضى الله عنه Sayyiduna Muhammad ibn Jahsh .3114
whose things were uncovered. So, he رضى الله عنه passed by Sayyiduna Ma'mar عليه وسلم
called, "O Ma'mar, cover your thighs for, the thighs are awrah."3
(Awrah and satr (private parts) have been defined previously. See against hadith # 3100).
SATR BE OBSERVED IN PRIVACY TOO
(٣١١٥) وَعَنِ ابْنِ عُمَرَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ايَّاكُمْ وَالثَّعَرِّىَ فَاَّ مَعَكُّمُ مَنْ
لَا يُفَارِ قُكُمْ إِلَّا عِنْدَ الْغَائِطِ وَحِيْنَ يَقْضِ الرَّجُلُ إِلى اَهْلِهِ فَاسْتَحُْوُهُمْ وَاَكْرِمُؤْهُمُ- (رواه الترمذى)
3115. Sayyiduan Ibn Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said.
"Do not be naked (even when alone) because there are with you they who never
separate from you (meaning) , the angels who record your deeds) , except when you
are in the toilet and while a man has sexual intercourse with his wife. So be decent
before them and honour them."4
1 Bukhari heading of chapter 12, Book of salah (# 8) , Tirmidhi # 2804 to 2806, Abu Dawud # 4014,
Musnad Ahmad 3-478.
2 Abu Dawud # 3140, Ibn Majah # 1460, Musnad Ahmad 3-501.
3 Musnad Ahmad 5-290, Sharh us sunnah (Prophet's صلى اللهعليه وسلم practice).
4 Tirmidhi # 2809.
Vol.3
Translation & Commentary of MISHKATUL MASAABIH
235
COMMENTARY: In other words, one must keep one's satr (private parts) covered at all
times whatever one does. Always do good deeds and refrain from evil and indecent deeds
so that shameful conduct is not observed in the presence of the angels and they are not
shown any kind of dishonour.
Ibn Maalik ate, said that it is not proper to uncover one's satr (private parts) unnecessarily.
WOMEN LOOKING AT MAN
(٣١١٦) وَعَنْ أُمِّ سَلَمَةَ أَّمَا كَانَتْ عِنْدَ رَسُؤْلِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَ مَيْمُوْنَةً إِذْ أَقْبُلَ ابْنُ أُوِّ مَكْتُؤْمِ
فَدَخَلَ عَلَيْهِ فَقَالَ رَسُولُ اللّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ احْتَجِبًا مِنْهُ فَقُلْكُ يَا رَسُولَ اللّهِ أَلَّيْسَ هُوَ آَخْفِى لَّا يُصِرُنَا
فَقَالَ تَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَفَعَمْيَا وَانٍ أَنْتُمَا الَسْتُّمَا تُبْصِرَانِه- (رواه أحمد والترمذى وابوداود)
3116. Sayyidah Umm Salamah &s & >, narrated that alongwith Sayyidah
Maymunah رضى الله عنه she was with Allah's Messenger صلى الله عليه وسلم when Sayyiduan Ibn
Umm Makhtum came to visit him. So, Allah's Messenger صلى الله عليه وسلم said (to them).
"Observe the veil!" She exclaimed, "O Messenger of Allah, is he not blind and
unable to see us?" He asked, "Are you (both) blind and cannot see him?"1
COMMENTARY: According to this hadith, like men, women too are forbidden to look at
stranger man. However, the ulama (Scholars) say that this saying of the Prophet y,leal.
is of the nature, of righteousness. Or, the Prophet ,le ano meant that a woman should
not look at a man exclusively, like in a company where two of them speak to one another
and she looks at him intently.
The correct ruling is that a woman may look at a man but is not allowed to look between his
navel and knees. This is according to the saying of Sayyidah Ayshah ( an) , "When the
Ethiopians demonstrated their skill with the spear, I was looking at them." This happened in
9 AH when she was sixteen years old and the command of the veil had been imposed.
This shows that it is allowed to a woman to see men, but not their satr (private parts).
However, it must be understood that this permission is subject to her being safe from
sexual desire. If she is not safe then she may not look at a man at all.
KEEP SATR (PRIVATE PARTS) COVERED AT ALL TIMES
(٣١١٧) وَعَنُ بَهُزِ بُنِ حَكِيُرٍ عَنْ أَبِيُّه عَنْ جَدِّهِ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ احْفَظْ عَوْرَتَّكَ إِلَّا
مِنْ زَوْجَتِّكَ أَوْمَا مَلَكِّتْ يَمِيْنُكَ قُلْتُ يَا رَسُولَ اللَّهِ أَفَرَأَيْتَ إِذَا كَاتَ الرَّجُلُ خَالِيًّا قَالَ فَاللّهُ أَحَقُّ
اَلْ یُسْتَحْنِى مِنْهُ۔ (رواه الترمذى وابوداود وابن ماجة)
3117. Sayyiduna Bahz ibn Hakim ano, reported from his father (Hakim) atte-, that his
صلى الله عليه narrated that Allah's Messenger رضى الله عنه (grandfather (Mu'awiyah ibn Haydah
, said. "cover your satr (private parts) except from your wife or your female slave."
So he asked, "O Messenger of Allah, what do you say when a man is alone by
himself." He said, "Allah has more right that you observe modesty before him."2
COMMENTARY: It is wajib (obligatory) even when one is alone to keep one's satr (private
1 Tirmidhi # 2787, Abu Dawud # 4112, Musnad Ahmad 6-296.
2 Tirmidhi # 2778 & 2803, Abu Dawud # 4017, Ibn Majah # 1920, Musnad Ahmad 5-3.
Vol.3
Translation & Commentary of MISHKATUL MASAABIH
236
parts) covered unless it becomes necessary to uncover it.
The exceptions mentioned in the hadith mean that ownership and marriage permit man
and woman (the pair) to look at one another's satr (private parts).
(See also hadith # 3115)
DO NOT BE ALONE WITH NON MAHRAM WOMAN
(٣١١٨) وَعَنْ عُمَّرَ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا يَخْلُوَكَّ رَجُلْ بِامْرَأَةٍ إِلَّ كَاَ ثَالِفُهُمَّا
الشَّيْطَا : - (رواه الترمذى)
3118. Sayyiduna Umar رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "When a
man remains alone with a stranger woman then the third among them is the devil."1
COMMENTARY: When a man and a woman who are not mahram are alone, the devil
tempts them.
(٣١١٩) وَعَنْ جَابِرٍ عَنِ الَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا تَلِجُوْا عَلَى الْمُحِيْبَاتِ فَإِنَّ الشَّيْطَانَ يَخْرِئٌ مِنْ
أَحَدِكُمُ مَجْرَى الدَّمِ قُلْنَا وَمِنُكَ يَا رَسُولَ اللَّهِ قَالَ وَمِّى وَلَكِنَّ اللّهَ آَمَانَنِى عَلَيْهِ فَأَسْلَمُ - (رواه الترمذى)
3119. Sayyiduna Jabir رضى الله عنه narrated that the prophet صلى اللهعليه وسلم said, "Do not pay
visit to woman whose husbands are not at home, for the devil circulates in each of
you as blood circulates." Some asked, "And in you too?" He said, "Also in me. But,
Allah helps me over him. So I am safe."2
COMMENTARY: As it is staying alone with a non mahram woman is disallowed but this
hadith mentions specifically one whose husband is not at home.
Shaykh Abdul Haq Dahlawi atus, says about where blood circulates, meaning vein. Mulla
Ali Qari ales, says that the devil circulate s in you and is not visible just as blood is not
visible and the devil overcomes you. The sense either way is the same.
The final words are in the present tense or continuous present tense but in some versions
the past tense is used to imply. "The devil has become Muslim (in my favour, meaning
obedient and subjugated).
SLAVE IS AS A STRANGER TO HIS MASTER'S WIFE
(٣١٢٠) وَعَنْ آَنَّسٍ أَثَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ آَتَى فَاطِمَةً بِعَبْدٍ فَدَوَهَبَّهُ لَّهَا وَعَلَى فَاطِمَةً ثَوُبُ إِذَا
فَتَّعَتْ بِهِ رَاسَهَا لَمْ يَبْلُغُ رِجُلَيْهَا وَإِذَا غَتََّتْ بِهِ رِجُلَيُّهَا لَمْ يَبْلُغُ رَأْسَهَا فَلَمَّا رَأى رَسُولُ :(أُهِ صَلَّى اللّهُ عَلَيْهِ
وَسَلَّمَ مَا تَلْقَى قَالَ إِنَّهِ لَيْسَ عَلَيْتِ بَأْسَ انَّمَا هُوَ ابُوْتٍ وَغُلَامُكِ-(رواه ابوداؤد)
3120. Sayyiduna Anas رضى الله عنه narrated that the Prophet صلى الله عليه وسلم came to Sayyidah
رضى الله عنه with a slave whom he had presented to her. Sayyidah Fatima رضى الله عنه Fatimah
was clothed in a garment such that when it was put on her head did not reach her
feet. And when she put it over her feet, it did not reach her head. When Allah's
Messenger صلى الله عليه وسلم saw this, he said, "Do not worry (so much) , for, here is only
1 Tirmidhi # 1174, supplement, Musnad Ahmad 1-26.
2 Tirmidhi # 1175, Musnad Ahmad 3-309.
·
237
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
your father and your salve."1
COMMENTARY: Imam Shafi'I als, cites this hadith to say that a slave is mahram of the
woman whose slave he is Imam Abu Hanifah as a+, said that the slave is a non-mahram
of the woman. He says that imam Shafi'I we apo, view is not established by this hadith
because the slave wit h Sayyidah Fatimah may have been a minor.
SECTION III
الفَصلُ الثَّالِثُ
EFFEMINATE NOT ALLOWED AMONG WOMEN
(٣١٢١) عَنْ أُقِ سَلَّمَةَ أَثّ النَِّيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ كَانَ عِنْدَهَا وَفِي البَيْتِ مُتَتَّتْ فَقَالَ لِعَبْدِ اللهِ ابْنِ
أَبِ أُمّيَّةَ أَخِى أُمِ سَلَمَةً يَا عَبْدَ اللّهِ فَتَمَّ اللَّهُ لَكُمْ غَدًّا التَّائِفَ فَإِنِى أَدُلُّتَ عَلَى ابْنَةٍ غَيْلَانَ فَإِنََّا تُقْبِلُ
بِأَرْبَعٍ وَتُدُبِرُ بِقَمَانٍ فَقَالَ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا يَدْخُلَنَّ هُؤْلَاء عَلَيْكُمُ - (متفق عليه)
صلى الله narrated that once while the Prophet رضى الله عنه Sayyidah Umm Salamah .3121
jule was with her, there was in the house an effeminate. This one boasted to
Sayyiduna Abdullah ibn Abu Umayyah. us an +, the brother of Sayyidah Umm
Salamah sun»,, "If Allah gives you victory over Ta'if tomorrow, O Abdullah, I
shall point out to you the daughter of Ghaylan who comes with four and goes
with eight." The Prophet صلى الله عليه وسلم said (on hearing him), "Let them not visit
you anymore)."2
COMMENTARY: The effeminate is a man who behaves like a woman Sometimes the
resembles is natural which is no sin because it is beyond the man's control sometimes it is
faked and the pretender lives and moves about as if a woman. This is bad and very sinful.
Those who fake it deserve to be cursed. According to a hadith. "May the curse of Allah be
on woman who adopt resemblance to man. And, may the curse of Allah be on men who
adopt resemblance to woman."
The effeminate mentioned in this hadith was Haya'at or Mati He used to visit the houses of
the Prophet's صلى الله عليه وسلم wives رضى الله عنها because they presumed that he was naturally
deprived of manly qualities and had no sexual urge. They look him to be among the (J)))
4)y) {having no sexual urge} (24: 31). The Quran says that it is not wajib (obligatory) to
observe veil before them.
However, the prophet ,4,le an. Heard him. He realized that the pretender was inclined to
sexual affairs and he was not among the (24"31) (غير اولى الاربه) but was one of (اولى الاربه) (having
sexual urge). So he forbade him to visit the houses of the mother of the believers ,loan to.
The jurists deduce from this command that not only are the effeminate disallowed to visit
homes and meet women but also the castrated and eunuchs are disallowed. The same
command applies to the veil before them being wajib (obligatory) as is wajib (obligatory)
before certain men.
The daughter of Ghaylan was Badiyah. The words allude to her corpulence. So many folds
1 Abu Dawud # 4106.
2 Bukhari # 4324, Muslim # 32. 2180, Abu Dawud # 4929, Ibn Majah # 1902, 1614, Musnad Ahmad 6-
290.
Vol.3
Translation & Commentary of MISHKATUL MASAABIH
238
are imagined on fat people. The point is that the Arabs generally prefer fat and bulky
women. So, the effeminate used those words.to refer to Ghaylan's daughter.
NUDITY IS DISALLOWED
(٣١٢٢) وَعَنِ الْمِسْوَرِ بُنِ مَخْرَمَةً قَالَ حَمَلْتُ حَجَرًا ثَقِيْلًا فَبَيْنَا أَنَا أَهْشِئْ سَقَطَ عَتِى ثَوْنِي فَلَمْ أَسْتَطِعْ آَخْذَه
فَرَانِي رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ لِ خُذْ عَلَيْكَ ثَوْبَكَ وَلَا تَمْشُوْا عُرَاةٌ- (رواه مسلم)
3122. Sayyiduna Miswar ibn Makhramah narrated that he carried a large stone
and as he was walking with it, his garment dropped down from him and he was
unable to retrieve it. Allah's Messenger صلى الله عليه وسلم saw him and said to him,
"Take your garment (and wear it)." Then he added (a general command) , "None
of you must walk naked."1
THE LIMIT OF MODESTY
(٣١٢٣) وَعَنُ عَائِشَةَ قَالَتْ مَا نَظَرْتُ أَوْ مَا رَأَيْتُ فَرْجَ رَسُوْلِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَتُط - (رواه ابن ماجة)
3123. Sayyiduna Ayshah usa)+, said, "I did not ever look at - or, I did not ever see
2". صلى الله عليه وسلم the satr (private parts) of Allah's Messenger-
COMMENTARY: The 'or' is the narrator's. He was not sure which of the two sentences
Sayyidah Ayshah رضى الله عنها had said.
According to another of her traditions, she said. "Neither did the prophet صلى الله عليه وسلم ever
saw my satr (private parts) nor did I ever see his satr (private parts)."
We must know what while it is allowed to husband and wife to see one another's satr
(private parts) the Prophet صلى الله عليه وسلم and Sayyidah Ayshah رضى الله عنها demonstrated the
limit of modesty any couple may be expected to achieve.
A SUDDEN GLANCE MUST BE CHECKED
(٣١٢٤) وَعَنْ أَبِ أُمَامَةَ عَنِ النَِّيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَا مِنْ مُسْلِمٍ يَنْظُرُ إِلى مَحَابٍِ اهْرَأَةٍ أَوَّلَ مَرَّةٍ نُّ
يَخُشُّ بَصَرّهِ إِلَّا أَحْدَثَ اللهُ لَّهُ عِبَادَةً يَجِدُّ حَلَاوَقَمَا - (رواه احمد)
3124. Sayyiduna Abu Umamah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said. "If
a Muslim happens to look at the beauty of a woman the first time (without
intention) and (immediately) puts down his gaze, then Allah will create a form of
worship for him in which he shall find delight."3
COMMENTARY: This man chose to obey his Lord and refrain from looking at a beautiful
woman. He ignored the desire of his soul to please Allah.
So, Allah will create for him a worship and he will find peace at heart. This will be a
recompense for the abstinence he practiced for Allah's sake.
WARNING TO ONE WHO LOOKS DELIBERATELY AT THE FORBIDDEN
(٣١٢٥) وَعَنِ الْحُسَنِ مُرْسَلًا قَالَ بَلَغَنِى أَثَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَعَنَّ اللَّهُ النَّاظِرَ
1 Muslim # 78-341, Abu Dawud # 4016.
2 Ibn Majah # 1922, Musnad Ahmad 6-63.
3 Musnad Ahmad 5-264.
239
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
وَالْمَنْتُوُرَ إِلَيْهِ رَوَاهُ الْبَيْهَقِىُّ فِى شُعَبِ الْإِمَاں۔
3125. Sayyiduna Hasan (Busri) a , narrated in a mursal form that Allah's
Messenger صلى الله عليه وسلم said, "May Allah curse the one who looks (without valid
reason and compulsion) and the one who is looked at.1
COMMENTARY: Curse is called on the person who looks deliberately at what he is
forbidden to look at, like a non mahram woman, someone's satr (private parts) etc.
Course is also called upon the person who deliberately lets himself or herself be seen. This
does not include anyone who does not make oneself be seen by intention (like a non
mahram man sees a woman who is unaware of it).
CHAPTER - III
THE WALI (OR GUARDIAN) IN NIKAH
(MARRIAGE) & GETTING THE WOMAN'S
CONSENT
بَابُ الْوَلِيِّ فِى النِّكَاحِ وَاسْتِيْذَانِ الْمَرْأَةِ
· In the literal sense wali is a guardian who oversees some task. Here, however, wali means
the man who acts as a guardian and responsible man for a woman's marriage in the sense
that he has authority to marry her.
The ahadith in this chapter will disclose that it is necessary to have the wali's permission
and the woman's consent in her marriage.
The people who may act as wali are the woman's relatives who are asabah
binafishi.Preference is given to those heirs among them who are closest (or the first in line) ,
or the sequence of asabat will be the same as in inheritance. If there is none of the asabah,
then the mother will become wali, followed by the grandmother. (The Qaniyah gives a
sequence with grandmother preceding mother.) Next is daughter, grand daughter (from
son) followed by grand daughter (from daughter) , and daughter of son's son. If there is
none of them, then the maternal grandfather, real sister, step sister, mother's children (male
or female) and their children in this sequence. If there is none of them then the dhawil
arham beginning with father's sisters, maternal uncles, mother's sisters, daughter of
paternal uncles followed by their children in the same sequence.
If there is none of them, then the right to guardianship goes to mawla al-mawalat (Jy
oyijJi) - who have been defined in the chapter on fara'id inheritance).
If they are not there, then the ruling king will act as wali if he is a Muslim. Next will be any
of his deputies like the qadi (judge) if he is authorized by the king, followed by his deputies
provided the qadi has the consent and authority to appoint deputes but if he does not have
it then none of his deputies can act wali.
The wilayah or guardianship is available only to a freeman, sensible, adult Muslim. If any
one lacks these qualities then he cannot act as a wali of any Muslim. Also, no Muslim may
act as a guardian in marriage of a disbeliever, unless there is an exceptional situation, like a
Muslim being the master of an infidel female slave, or he is a king or a king's deputy. In
such cases, a Muslim may act as wali of a disbeliever.
1 Bayhaqi in Shabul Eeman # 7788