النص المفهرس

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ler, but Imam Abu Yusuf at, and Imam Muhammad ales, hold that it is wajib (obligatory)
n her to observe the iddah (waiting period) during which no one may marry her. There is
to difference of opinion, however, that it is not allowed to have sexual intercourse with her
ill she experiences one menstruation.
'. DIFFERENCE RELIGION: These are the woman whom it is forbidden to marry because
of their being polytheists or idolaters.
t is not allowed to marry woman who are fire worshippers or idol worshippers
rrespective of whether they are free woman or slave girls.
The idol-worshippers include woman who worship the sun and stars and their preferred
pictures and they who subscribe to the Greek Philosophy of a powerless God. Others
among them are the zindiq (atheists), the batinis and the abahiyahs. (They are respectively
who attribute hidden meaning to the Quran and who regard every deed in the work as
permissible whether good or bad) In the same say, every woman is included in this
prohibition who follows a false religion.
. Therefore, it is not allowed also to have sexual relationship with a female slave who is a
fire worshipper.
· A Muslim is permitted to marry a kitabiyah (who believes in a heavenly Book , meaning
a Jewess or a Christian woman) , who resides in enemy territory, and a dhimmi
disbelieving woman (who pays the kharaj (homage revenue) to the Islamic state and
resides in it). This woman may be free or slave. But, it is better not to marry any of them.
Their slaughtered animal, too, should not be eaten unless necessary.
. If a Muslim marries a Jewess or a Christian woman, then he is authorized to forbid her
from going to her house of worship (a synagogue or a church) and to prepare wine in his
home. However, he has no authority to compel her to have purifying bath after
menstruation, child birth bleeding and sexual intercourse.
. If a Muslim marries an enemy's woman, who follows one of the books, ir enemy
territory, then his marriage is lawful. But, it is makruh (disapproved). La ... when the
spouses come to the Islamic territory, their marriage will be retained. However, of the
husband comes to the Islamic territory leaving his wife there, then there will be separation
of both of them because of change of their countries of residence.
. Those people who follow a heavenly religion and they also have their heavenly Book are
counted among the people of the Book. Examples are the scriptures of prophet Ibrahim 4le
Zubur, and so on. Muslim عليه السلام and Prophet Dawud's , عليه السلام and Prophet Shith السلام
men are allowed to marry their woman. Their slaughtered animal is also permitted to
Muslim to eat.
. If one parent of a person is a follower of a heavenly book and the other a fire-worshiper,
then he is regarded as one of the people of the Book.
. A Muslim man married a woman from the people of the Book. Then she converted to a fire
worshipper, so she becomes forbidden to her Muslim husband, Their marriage will be revoked.
. If he had married a Jewess or a Christian woman and she converted to Christianity or
Jewism, then the marriage will remain intact.
. The criterion in such cases is to see that if one of the spouses converts to another religion
then is it one which would have barred them from marriage at the initial stage when they
contemplated marriage? For example, a Muslim can never marry a fire-worshipper. Thus,
if one of the spouses converts from Islam to one of the spouses converts from Islam to one

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. of such religions then the marriage will be null and void.
WHAT AFTER THAT?
If a woman is the cause of marriage being broken - say, she convert to a Magian, then the
spouses will separate. The woman will not be paid her dower and she will get no
maintenance, provided she had converted to another religion before having the sexual
intercourse.
. If she converts to another religion (say, Margian) after her husband had sexual
intercourse with her, then she will be paid her dower in full.
. If man is the cause of the marriage being broken - suppose, he converts to Magian - and
the spouse separate, then he will have to pay his wife half of the agreed dower provided
this situation transpired before they could have a sexual intercourse. If a dower was not
determined before hand then he should give her a pair of garments. If this happened after
they had a sexual intercourse then it is wajib (obligatory) to pay her the full dower.
· When a Muslim man apostates, his marriage is not lawful:
with an apostate woman
with a disbelieving woman, or
1
with a Muslim woman
· When a Muslim woman apostates, her marriage too is not lawful with any man.
. A Muslim woman's marriage is not lawful with
-
a polytheist or
a Jew or
- a Christian
. The marriage of an idolatress is proper with any polytheist or disbeliever, but not with
an apostate.
· The disbelieving dhimmis may marry each other though their creeds differ.
. It is allowed to a Muslim man who had a Muslim wife to marry a kitabiyah (Jew or
Christian) also, and to
· a Muslim man who has a wife from the kitabiyah (Jew or Christian) to marry also a
Muslim woman.
-- in each of these cases the rights of both wives should be equal (as for as allotting nights
to them is concerned).
8. WOMAN OWNERS: They are the woman who are forbidden to their slaves because
they are their owners.
. No woman is permitted to marry her slave.
. She is also disallowed to wed a slave who is common property of hers and of another person.
. If after a marriage, either of the spouses becomes owner of the entire or part of the other
then the marriage becomes void.
· If a man marries his female slave, or a female slave of whom he is a part owner then this
marriage is not correct.
However, it must be borne in mind that, in the current times, the buying and selling of
slaves, male or female, is not practiced at all. Moreover, those rules and conditions
governing the sexual intercourse with female slaves no more exist today.
Therefore, some ulama (Scholars) maintain that if the custom of having female slave exists
any where, then (sexual intercourse must not be had with them, but) they should be
married so that if they really are not the female slave but a free woman then marriage

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would legalize sexual intercourse with them.
. If a freeman buys his wife (who is someone's female slave) on terms of the condition of
khiyar then his marriage will not void. This is decision of Imam Abu Hanifah &m.
a.
DIVORCE
These are woman who are forbidden by divorce.
. If a man pronounces three divorces to his wife who is a free woman then it is not
allowed to him to marry her after that. However, if she completes her iddah (waiting
period) and marries another man who consummates their marriage and divorces her, then
after completing her iddah (waiting period) on this divorce, the two may remarry.
· If a man marries a female slave and, later, divorces, her with two pronouncement, then it
is not allowed to him to marry her.
. Also, it is also not allowed to him to have her as his slave girl and have sexual
intercourse with her.
. A man marries someone else's female slave. Later, he divorces her with two
pronouncements. Then he buys her and sets her free. Now. If he wishes to marry her then
she must first marry someone else who consummates his marriage with her and divorces
her. When her days of iddah (waiting period) are over, the man, her first husband (who
had set her free) may marry her.
RELATED RULINGS
The subject of the muharrimat having been discussed, some essential rulings concerning
this chapter are reproduced.
Nikah (wedlock) mut'ah is unlawful. Since it is not allowed to marry a woman in this way
(mut'ah), clearly it is also forbidden to have sexual intercourse with her. Neither will
divorce be pronounced on her nor will be commands of eela and zihar apply to her.
(Eala is to abandon. A husband swears not to approach his wife for a certain period of time.
Zihar is a husband's telling his wife that she is to him like his mother and so unlawful to him.)
MUT'AH: The nikah (wedlock) mut'ah is a usufructuary marriage. 1
(It is contracted for a certain period of time to make use of the woman against a specified
amount of money paid to her).
It is that a man offers a woman who is not hindered or forbidden to him in any way (like
being someone's wife or observing an iddah (waiting period)): 'I shall pay so much money
to you and there against derive benefit from you for so much time or he says "Against so
much money give me enjoyment for so many days."
MUWAQQAT: In the same way as nikah (wedlock) mut'ah, nikah (wedlock) muwaqqat is also
unlawful. It may be contracted for a short time or a long time, or a defined nature or an
undefined nature. Be that as it may, it is unlawful.
PERPETUAL: If both the spouses define such a long time as a beyond their life expectancy,
then the command of nikah (wedlock) muwaqqat will not be applied. It will be regarded as a
correct marriage in which the stipulation of time would be disregarded.
. Similarly, when the period of marriage is defined to be till the last Hour or till the
day of resurrection, or till when the dajjal (Antichrist) appears, or till the descent of
Prophet Easa (>JI Ale - in all these cases, the marriage will be considered to be
correct and the time limit would be ignored.
1 The Hidaya, English Translation, Dar ul Isha'at Karachi (v1 p 62)

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. Similarly, if the period for which the marriage is contracted is not defined but the
husband did think mentally that he would keep her for one year then divorce her,
then the marriage would be correct.
. If a man marries a woman on condition that he would divorce her after one mouth,
then the marriage is correct.
. If a man stipulates at the time of the marriage, saying to his wife, "I shall stay with
you by day but not at night." Then the marriage will be correct.
. A man and a woman who both have assumed the ihram are allowed to contract
their marriage in this condition.
· So, too, a guardian who is in the state of ihram is permitted to give in marriage the
woman whose guardian he is.
· A woman claimed (before a judge) that a man, say Zayd, had married him. She
also cited two witnesses to support her petition. The judge upheld her plea and
ruled that Zayd was indeed her husband but, in truth, he had not married her.
However, it is allowed to them to live together and Zayd is permitted to have
sexual intercourse wither if she wishes to have it.
This is the ruling of Imam Abu Hanifah e as+). The first opinion of Imam Abu Yusuf ales,
was in agreement with him but his second verdict contradicts it and agrees with that of Imam
Muhammad alus, who said that the man is not allowed to have a sexual intercourse with the
woman in this case. The judgement of the judge is about the marriage contract. (It will be
presumed that he performed the marriage at the time. So, the woman could live with the
man, auf Imam Abu Hanifah at , opined that, if she wished, they could have a sexual
intercourse.) However, there is the condition that the woman is eligible to marry (meaning,
there is no obstruction to her living as Zayd's wife). For instance, at the time of judgement:
She was someone else's wife or, was observing an iddah (waiting period) of
divorce by her first husband, or, Zayd himself may have pronounced three
divorces to her.
In such cases, the judge's judgement will not be enforced. She will not Zayd's wife. Also,
must ulama (Scholars) say that another condition is that witnesses should be present when
the judge pronounces the judgement.
. If, on the other hand, the man, Zayd, makes a claim about a woman that he had
married her and presents witnesses in support of his claim, then the same
command will apply as in the previous case.
. If a woman pleads before a judge that her husband had divorced her and she
brings false witnesses too then the judge will pass a judgement of divorce. Of
course, the woman knowingly lies. She will be divorced and she will observed the
iddah (waiting period) and after that she might marry any man. Any of the
witnesses too will be eligible to marry her. She will not be lawful for her first
husband and he cannot marry her.
DISSENT: Imam Abu Yusuf als,, however, ruled that in this case neither will be woman
be lawful for her first husband who cannot marry her nor will it be allowed to her to marry
any other man.
Imam Muhammad ruled that as long as her second husband does not have sexual intercourse
with her, she is lawful for her first husband. If another man has sexual intercourse with her,
then till she completes her iddah (waiting period), she will be forbidden to her first husband

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because the iddah (waiting period) is wajib (obligatory) on her.
In other words, Imam Muhammad alus, says that her marriage with anyone else is simply
not allowed.
· Suppose a man Zayd claims that a woman Khalidah had married him, but she
denies that she had married him. Then, Zayd offered to make peace with her and
to pay her some money if she conceded that they were married.
. If she accepts his statement, then it becomes wajib (obligatory) on Zayd to pay her
the money and her acceptance would be deemed to be the contract of marriage and
if she accepts it in the presence of witnesses then the marriage will be deemed to
have been performed correctly and her residence with Zayd will be correct in the
sight of Allah. (Not only will they be husband and wife accordingly to worldly
standards but also no sin will be attached to them because of this.
· If Khalidah did not present witnesses when she accepted Zayd's statement, the
marriage will not be deemed to have been performed and it would not be proper
for her to live with him.
SECTION I
الفضل الآولُ
AUNTS, PATERNAL & MATERNAL WITH NIECE
(٣١٦٠) عَنْ آَبٍ مُرَيْرَةً قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا يُجُمَّهُ بَيْنَ الْمَرْأَةِ وَعَمَّتِهَا وَلَّا بَيْنَ الْمَرْآَةِ
وَخَالَتِهَا - (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3160
said, "A woman must not be taken in marriage with her paternal aunt. And no
woman may be taken in marriage with her maternal aunt."1
COMMENTARY: The aunts cover both sisters of father and of mother as well as the
ancestors, aunts of parents, etc. This hadith speaks only of aunts because perhaps the
Prophet صلى الله عليه وسلم might have been asked about them.
As we know and have seen previously, there are other women who may not be married
when another of the forbidden degree is already a man's wife.
(٣١٦١) وَعَنُ عَائِشَةً قَالَتْ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَحْرُمُ مِنَ الرِّضَاعَةِ مَا يَحْرُمُ مِنَ الْوَلَّادَةِ.
(رواه البخارى)
3161. Sayyiduna Ayshah !رضى الله عنها narrated that Allah's Messenger صلى الله عليه وسلم said, "That
which is unlawful because of consanguinity is unlawful (also) because of fosterage."2
COMMENTARY: What is forbidden by reason of birth (or blood relationship) is also
forbidden by reason of suckling.
For instance, just as a real sister is forbidden to her brother so too a foster sister is
forbidden. There are however, some cases of exception to this rule. Sometimes a difference
arises between them and this has been discussed previously.
Allamah (The learned Scholar) Nawawi alus, said that marriage is forbidden by reason of
1 Bukhari # 5109, Muslim # 33-1408, Abu Dawud # 2066.
2 Bukhari # 5099, Muslim # 2-2444, Darimi # 2249, Muwatta Maalik # 1 (Rada'ah)

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fosterage and looking at one another, travelling in company and being alone become
permitted by the same taken. However, all commands and prerogatives of consanguinity
are not available to fosterage. In the letter, relatives do not inherit from one another and
they are not responsible for mutual maintenance. Also, if any of them becomes a slave of
another, he does not earn an automatic emancipation. Furthermore, if a foster mother kills
one whom she suckles, she gets no remittance from retaliation (or qisas).
In such cases, those foster relatives are exactly like strangers.
(٣١٦٢) وَعَنُهَا قَالَتُ جَاء عَيِّى مِنَ الرَّضَاعَةِ فَاسْتَأْذَنَ عَلَّىَّ فَأَتَيْتُ أَكْ أَذََّ لَهُ حَتَّى أَسْأَّلَ تَسُولَ اللهِ
صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَجَاءَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَسَأَلْتُّهُ فَقَالَ إِنَّهُ عَتُّتٍ فَأُذَنِ لَهِ قَالَتْ فَقُلْتُ يَا
رَسُولَ اللَّهِ إِنَّمَا أَرْضَعَتْنِىِ الْمَرْأَةُ وَلَمْ يُرُصِغْنِىِ الرَّجُلُ فَقَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِنَّهُ عَنُكِ
فَلْيَلِمُ عَلَيْتٍ وَذْلِكَ بَعْدَ مَا ضُرِبَ عَلَيْنَا الْحِجَابُ - (متفق عليه)
3162. Sayyidah Ayshah 4+ +, narrated that her paternal uncle through fosterage
came and sought permission to meet her. She declined to permit him (admittance to
her house) till she had first asked Allah's Messenger صلى الله عليه وسلم (about it). So, when
he came she asked him and he said,'"He is your paternal uncle. So, let him in." She
said (to him) , "O Messenger of Allah, only the woman had suckled me, not the man."
Allah's Messenger ,,deano said, "He is your paternal uncle and may visit you."
(She added: ) "That was after the veil had been made wajib (obligatory) for us."1
COMMENTARY: The foster uncle of Sayyidah Ayshah que a+, was Aflah. The woman
who had suckled her was the wife of Abu Al-Qays. He and Aflah were brothers.
Sayyidah Ayshah que a+, wondered how fosterage could be traced to the brother of the
husband of the woman who had suckled her. So, she was told that the relationship through
fosterage passed on to the male relatives too of both of woman and her husband.
The prohibition through fosterage applies to all these relatives on both sides, the woman's
and her husband's
FOSTER NIECE IS OF FORBIDDEN DEGREE
(٣١٦٣) وَعَنْ عَلِيٍّ أَنَّهُ قَالَ يَا رَسُولَ اللَّهِ هَلُ لَكَ فِي بِئْتِ عَيِّتَ حَمْزَةً فَإِنََّا أَجْمَلُ فَتَاءٍ فِى قُرَيِشٍ فَقَالَ لَه آما
عَلِمُتَ أَثّ حَمْزَةً أَخٍِ مِنَ الرَّضَاعَةِ وَأَشَّ اللَّهَ حَزَّمَ مِنَ الرَّضَاعَةِ مَا حَرَّمَ مِنَ النَّسَبِ- (رواه مسلم)
1
$163. Sayyiduna Ali «ca+, narrated that he asked, "O Messenger of Allah, why do
you not like (for yourself) the daughter of your paternal uncle, Hamzah? She is the
most beautiful girl of the Quraysh." He said to him, "Do you not know that
Hamzah is my foster brother and Allah has forbidden through fosterage what he
has forbidden through genealogy?"2
COMMENTARY: Sayyiduna Hamzah رضى الله عنه was the uncle of the Prophet صلى الله عليه وسلم like
Abu Lahab. He also was the Prophet's صلى اللهعليهوسلم foster brother.
1 Bukhari # 2644, 5239, Muslim # 7-1445, Tirmidhi # 1151, Abu Dawud # 2057, Ibn Majah # 1949,
Musnad Ahmad 6-794, Muwatta 2 (Nikah (wedlock)).
2 Muslim # 11-1446.
.

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Abu Lahab had a female slave named Thawbiyah. She had suckled Sayyiduna Hamzah (+)
صلی اللهعليه وسلم and four years later she suckled the Prophet الله عنه
Thawbiyah is the one who had conveyed the news of the birth of the Prophet صلى اللهعليه وسلم to
Abu Lahab who was delighted at the birth of his nephew and set her free. It is reported that
because of his expression of delight, punishment is softened on him on every Monday by
Allah because the Prophet صلى اللهعليهوسلم was born on this day.
Four woman had suckled the prophet صلى اللهعليه وسلم . They were:
his respected mother Sayyidah Amna, Sayyidah Halimah que& »,, Thawbiyah and
Umm Ayman and female slave of his father the respected Abdullah.
LIMIT OF SUCKLING
(٣١٦٤ -٣١٦٥ -٣١٦٦) وَعَنْ أُمِّ الْفَضْلِ قَالَتْ إِّ نَبِئَّ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَّا تُخْرِّمُ الرَّضْعَةُ
اوِ الرَّضْعَتَانٍ وَفِيْ رِوَايَةٍ عَائِشَةً قَالَ لَا تُحَرِّمُ الْمَقَّةُّ وَالْمَشَّتَانٍ وَفِيْ أُخْرِى لِأُمِ الْفَضْلِ قَالَ لَا تُحَدِّمُ
الْإِمْلَاجَةُ آوِ الْإِمْلَاجَتَان هذهڕِوَايَاتٌلِمُسْلٍِ-
3164. Sayyidah Umm al-Fadl رضى الله عنها narrated that Allah's Prophet صلى الله عليه وسلم said,
"A suck or two will not cause (marriage) unlawful."1
3165. According to Sayyidah Ayshah's Que a +, version, he said, "One or two sips
will not make (marriage) unlawful."2
3166. According to another version of Sayyidah Umm al-Fadl رضى الله عنها, he said,
"Drawing from the breast once or twice will not render (marriage) unlawful."3
COMMENTARY: According to the hadith, prohibition by reason of fosterage occurs on
three sucklings or more. However, the Hanafis and most ulama (Scholars) hold that
prohibition occurs on suckling milk even if once whether little or more provide the child
swallows the milk into its belly and is taken during the age period of suckling. The period
of suckling is two years according to most scholars including the two disciples Imam Abu
Yusuf رضى الله عنه and Imam Muhammad رضى الله عنه , but two years and a half according to Imam
Abu Hanifah als>), though the Hanafis observe the verdict of the two disciples.
The ulama (Scholars) who say that prohibition by reason of fosterage occurs on suckling
any number of times without distinction cite the verse of the Quran:
وَأُمَّهِتُكُمُ اللَّتِيِ أَرْضَّعْنَكُمُ - (النساء ): ٢٣)
{ .... and your mother who have suckled you) (4: 23)
He cannot say that fosterage occurs when a child suckles three or more sips. They cite the
hadith of Sayyidah Ayshah 14 an>> (# 3162) that prohibition by reason of fosterage occurs
as prohibition by reason of genealogy.
Imam Shafi'I al >, cites the next hadith (# 3167) to say that prohibition by fosterage is
established when a child has five sucklings.
1 Muslim # 21-1451, Ibn Majah # 1940.
2 Muslim # 17-1450, Tirmidhi # 1152, Abu Dawud # 2063, Nasai'i # 3312, Ibn Majah # 1941.
3 Muslim # 18-1451, Nasai'i # 3310, Musnad Ahmad # 4-16.

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(٣١٦٧) وَعَنْ عَائِشَةَ قَالَ كَانَ فِيْمَا أُنْزِلَ مِنَ الْقُرْآنٍ عَشْرُ رَضَّعَاتٍ مَعْلُومَاتٍ يُحُرِّ مُنَ ثُمَّ نُسِخْنَ مَخَمٍُ
مَعْلُومَاتٍ فَتُوَنِّى رَسُولُ اللهِ صَلَى اللهُ عَلَيْهِ وَسَلَّمَ وَهِىَ فِيْمَا يُقْرَأُ مِنَ الْقُرَّانِ - (رواه مسلم)
3167. Sayyidah Ayshah " >, narrated that among that was revealed in the Quran
was (the command) that ten sucklings known (to have been swallowed) made
marriage unlawful. Then the command was abrogated by five (sucklings) known
(to have been swallowed). Then Allah's Messenger صلى الله عليه وسلم died and it continued
to be recited from the Quran.1
COMMENTARY: The command about fosterage occurring on ten sucklings was
withdrawn and the Quranic verse about five sucklings was revealed. Then the recital of
this verse too was abrogated according to all the sahabah (Prophet's Companions) (sản+)
but not according to Sayyidah Ayshah رضى الله عنهاا Imam Shafi'T رحمه الله maintains that the
command is still valid, though recital is abrogated.
However, Imam Abu Hanifah ales, and other ulama (Scholars) say that both recital and
command of this verse are abrogated.
SUCKLING AFTER PERIOD OF SUCKLING DOES NOT BRING PROHIBITION
(٣١٦٨) وَعَنْ عَائِشَةَ آَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ دَخَلَ عَلَيْهَا وَعِنْدَهَا رَجُلٌ فَكَنَّهُ كَرِهَ ذَلِكَ فَقَّا لَكُ إِنَّه
آخِرْ فَقَالَ انْظُرُنَ مَنْ اِخْوَانُكُنَّ فَإِنَّمَا الرَّضَاعَةُ مِنَ الْمَجَاعَةِ ۔ (متفق عليه)
3168. Sayyidah Ayshah !رضى الله عنها narrated that the Prophet صلى الله عليه وسلم came to her
while a man was with her. He seemed not to like it, so, she said, "He is my brother."
He said, "You (woman) must be careful who your brothers are for fosterage results
from hunger."2
COMMENTARY: The Prophet's صلى الله عليه وسلم words mean that the commands of fosterage
apply only when milk is suckled as nutrition to remove hunger. Hence this thing is
possible only during the period of suckling which is up to two years although Imam Abu
Hanifah al, regards it as upto two and a half years. The infant's food is provided through
mother's milk.
If anyone suckles after that age that does not qualify him for fosterage relationship. The
man sitting with Sayyidah Ayshash Que a +, was one such. He had suckled after the age of
suckling had passed.
This is why the Prophet صلى الله عليه وسلم did not approved of it. (He gave a general edict
concerning foster relationship.)
WOMAN'S TESTIMONY ABOUT FOSTERAGE
(٣١٦٩) وَعَنُ عُقْبَةَ بْنِ الْحَارِثِ أَنَّهُ تَزَقَّ جَ ابْنَةً لِلَى إِهَابٍ بْنِ عَزِيْزٍ فَاتَّتِ امْرَأَةٌ فَقَالَتْ قَدْ أَرْضَعْتُ عُقْبَةً
وَالَّتِيْ تَزَوَّبَ بِهَا فَقَالَ لَهَا حُقْبَةُ مَا أَعْلَمُ أَنَّكٍ قَدْ أَرْضَّعْتِيْ وَلَّا أَخْبَرَّتِيْ فَأَرْسَلَ إِلَى الِ آَنِ إِهَاپٍ فَسَأَّهُمْ
فَقَالُوا مَا عَلِمُنَا أَرْضَّعَتُ صَاحِبَتَنَا فَرَكِبَ إِلَى النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بِالْمَدِيثِنَّةِ فَسَأَلَّهُ فِقَالَ رَسُولُ اللهِ
1 Muslim # 24-1452, Abu Dawud # 2062, Nasai'i # 3309, Darimi # 2253.
2 Bukhari # 5102, Muslim # 32-1455, Abu Dawud # 2058, Nasai'i # 3312, Darimi # 2256.

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صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ كَيْفَ وَقَدْ قِيْلَ فَفَارَقَهَا ◌ُقْبَةُ وَنَگحَتْ زوجًا غيرە۔(رواه البخارى)
3169. Sayyiduna Uqbah ibn Al-Harith us à +, narrated (about himself) that he
married the daughter of Abu Ihab ibn Aziz. Then a woman came and claimed that
she had suckled him as well as the woman he had married. (Thus, they were foster
siblings) He exclaimed, "I do not know that you had done so. Besides you did not
inform me (earlier)." And, he sent (someone) to the family of Abu Ihab and asked
them but they responded that they did not know about the woman having suckled
their daughter. So, he rode to the prophet صلى الله عليه وسلم in Madinah and asked him
(about what should he do). Allah's Messenger صلى الله عليه وسلم said, "How can (you keep
her as your wife when) indeed it has been disclosed (to you) ?" So, Sayyiduna
Uqbah we àn +, separated (from) her and she married (another) man.1
COMMENTARY: Imam Ahmad a , deduced from this hadith that one woman's
testimony is enough to establish a fosterage relationship.
However, Imam Abu Hanifah and other scholars stated that proof of suckling is through
the testimony of two men, or one man and two women, all just people. This hadith
concerns taqwa (piety) and being on the safe side.
So, the Prophet صلى الله عليه وسلم did not consider it reasonable for uqbah رضى الله عنه to keep that
woman as his wife.
WOMAN CAPTIVE FROM ENEMY TERRITORY
(٣١٧٠) وَعَنْ أَبٍ سَعِيْدِنِ الْخُدْرِيِّ آثَّ رَسُولَ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ يَوْمَ حُنَيْنٍ بَعَثَ جَيْئًا إِلى أَوْ
طَاسٍ فَلَقُوا عَدُوًّا فَقَاتَلُؤُهُمْ فَظَهَرُوْا عَلَيْهِمْ وَأَصَابُوْا لَّهُمُ سَبَايَا فَكَاتَّ نَاسًا مِنْ أَصْحَابِ النَّبِيِّ صَلَّى اللهُ
عَلَيْهِ وَسَلَّمَ تَخَرَّجُوْا مِنْ غِشْيَاِنَّ مِنْ أَجُلٍ أَزْوَاجِهِنَّ مِنَ الْمُشِرِكِيْنَ فَأَنْزَلَ اللهُ تَعَالِى فِي ذَلِكَ وَالْمُحْصَنَاتُ
مِنَ النِّسَاءِ إِلَّ مَا مَلَكْتُ أَيْمَانُكُمُاى فَهُنَّ لَهُمْ حَلَالْ إِذَا انْقَضَتُ عِدَّتُهُنَّ رَوَاهُ مُسْلِهْ ـ
3170. Sayyiduna Abu Sa'eed Khudri us a>, narrated that on the day of (the battle
of) Hunayn, Allah's Messenger صلى الله عليه وسلم sent an army to Awtas (which is near
Ta'if). They encountered the enemy and fought against them and got the upper
hand. They took captives (woman among them, too). Some men from the
companions of the Prophet صلى الله عليه وسلم abstained from having sexual intercourse
with them because they had their spouses who were polytheists.
Then, Allah, the Exalted, revealed concerning that:
وَالْمُحْصَنَاتُ مِنَ النِّسَاء إِلَّ مَا مَلگِّثْ آَیْمَانُگُُ
{And (forbidden, too) are the married women except those whom your right hands
possess} (4: 24)
(Meaning: women whom you have taken captives in the battle whose husbands are
in enemy territory).
These women were lawful to them after they passed their iddah (waiting period).2
1 Bukhari # 2640.
2 Muslim # 33-1456, Tirmidhi # 1135, Abu Dawud # 2155, Nasai'i # 3335, Musnad Ahmad 3-72.

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COMMENTARY:
It is not allowed to marry another man's wife or to have sexual
intercourse with her. However, women captives of war whose disbelieving husbands are in
enemy territory may pass their iddah (waiting period) after which sexual intercourse may
be had with them. In this case iddah (waiting period) means 'when they have had their first
menstruation after capture, or, if they are pregnant, they have delivered their child, or, if
they do not get menses, then after one month.
Teebi als, has said that Ibn Abbas can », explained this verse (4: 24) to mean that when a
married slave girls is sold, her marriage breaks. The buyer may have sexual intercourse
with her after she has had a menstruation, delivered her child, or she has spent one month
in captivity.
Other ulama (Scholars) do not agree with him. The marriage of the captive woman does
not break and the verse does not concern every female slave having a husband. Rather, it
concerns only those female slaves taken into captivity in a battle.
SECTION II
الفضلُ الثَّانِی
WOMEN WHO MAY NOT BE KEPT AS CO-WIVES
(٣١٧١) عَنْ أَبِ هُرَيْرَةَ آَكَّ رَسُولَ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ ◌ََّى أَبْ تُنْكَ الْمَرْأَّهُ عَلى عَمَّتِهَا أَوِ الْعَمَّةُ
عَلَى بِئْتٍ أَخِيُّهَا وَالْمَرْأَّةُ عَلَى خَالَتِهَا أَوِ الْخَالَهُ عَلَى بِئْتٍ أُخْتِهَا لَا تُنْكَحُ القُّغْرِى عَلَى الْكُبْزِى وَلَا الْگُېزی
عَلَى الشُّغْرِى رَوَاهُ التِّزْ مِذِىُّ وَأَبُوْدَاوُدَ وَالدَّارِبِىُّ وَالنَّسَائِىُّ وَرِوَايَتُهُ إِلَى قَوْلِهِ بِنْتِ أُخْتِهَا.
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3171
forbade that a woman should be married to the same man to whom her paternal
aunt is married, or a paternal aunt to the same man to whom her brother's daughter
is married, or a woman to the same man to whom her maternal aunt is married, or a
maternal aunt to the same man to whom her sister's daughter is married."
(He also said,) "Neither must the younger (relative) be married to the same man to
whom the elder is married, not the elder (relative) be married to the same man to
.
whom the younger is married.1
.
COMMENTARY: The second portion of the hadith emphasizes the first portion. The elder
relatives are the two aunts and the younger relatives are the nieces.
If the aunt is already married to a man then he must not marry her niece while she is
alive. Or, if he divorces her and she has completed her iddah (waiting period) then he
may marry the niece.
If the niece is already married to a man then he can only marry her aunt when the niece
dies or he divorces her and she goes thorough her iddah (waiting period).
The version in Nasa'I ends at the first portion 'to whom her sister's daughter is married.'
(The translation of Tirmidhi2 of the second portion is:
'Neither must the younger sister be married to the man to whom her elder sister is married
to the m an to whom her elder sister is married nor must the elder be married to the man to
whom the younger is married already.'
1 Bukhari # 5108, Abu Dawud # 2065, Nasai'i # 3293, Tirmidhi # 1129.
2 Darul Isha'at Karachi.

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FATHER'S WIFE IS FORBIDDEN
(٣١٧٢) وَعَنِ البَرَاء بُنِ عَازِبٍ قَالَ مَرَّبٍ خَالِ آَبُوْ بُرْدَةَ بْنُّ نِيَّارٍ وَمَعَهُ لِوَالْ فَقُلْتُ أَيْنَ تَذْهَبُ فَقَالَ بَعَثَّنِى النَّبِىُّ
صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِلَى رَجُلٍ تَزَوََّ إِمْرَأَةَ أَبِهِ أَتِيْهِ بِرَأَسِبْ رَوَاهُ التِّزْمِذِىُّ وَآَبُوْدَاوُدَ وَفِيْ رِوَايَةٍ لَّهُ وَلِلنَّسَائِّ
وَابْنِ مَاجَةً وَالدَّارِمِيِّ فَأَمَرَنِي آْ أَضْرِبَ ◌ُنْقَةٍ وَاخُذَ مَا لَهُ وَفِيْ هَذِهِ الرِّوَايَةِ قَالَ عَمَىَّ بَدَلَ خَالِى۔
3172. Sayyiduna Bara ibn Aazib wca+, narrated that his maternal uncle Abu Bardah
ibn Niyar As an +, came by him carrying a standard in his hand. He asked him,
"where are you headed?" He said, "Allah's Messenger صلى الله عليه وسلم has sent me to a
man who has married his father's wife that I might bring him the man's head."1
According to a version: "He has commanded me to sever his head and seize his
property." And, instead of 'maternal uncle' it has 'paternal uncle.'2
COMMENTARY: The standard in the hand of Abu Burdah us a +, was a token from the
Prophet صلى الله عليه وسلم. It showed that he was on a mission.
Teebi alas, said that not only did he married his father's wife, he also believed that it was
lawful to do it. This was what the pre-Islamic people (of the days of ignorance did). His
belief was apposed to Islamic : (divine law) and anyone who believes the unlawful to be
lawful is a disbeliever. He should be eliminated and his property should be confiscated.
SUCKLING AFTER PRESCRIBED TIME
(٣١٧٣) وَعَنْ أُمِّ سَلَمَةً قَالَتُ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا يُحَرِّمُ مِنَّ الرَّضَاءِ إِلَّ مَا فَتَقَ الْأَنْعَاءِ
فِ القَّدُيِ وَكَانَ قَبْلَ الْفِطَامِ- (رواه الترمذى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyidah Umm Salamah .3173
said, "Suckling does not make (married) unlawful unless it (the milk) enters the
belly and is from the breasts and is done before weaning."3
COMMENTARY: The milk enter the belly and satiates the child just as a hungry stomach is
fed. The milk finds its place in the intestines of the child.
This is done during the age of suckling which is upto two years or thirty months. After this
age, prohibition by reason of fosterage is not effective.
· The words 'from the breasts' are redundant. They merely express a procedure, otherwise it
is not necessary that she should feed the infant directly from the breasts. She may spoon
feed the infant or use any other way. That is as good as suckling, if her milk is used.
This portion is emphasized by the words that it must be done before the time of weaning.
The jurists say that if a child's suckling is stopped before the time of weaning then that
does not mean that the prohibition will not be effective after that. For instance, if a mother
stops suckling a child but within the age of suckling another woman suckles it, prohibition
by reason of suckling will be effective from her nevertheless ..
It is also necessary to know that it is not allowed to suckle a child after the time of weaning.
It is unlawful to use a person's portion unnecessarily and clearly the use of milk as
1 Tirmidhi # 1367, Abu Dawud # 4457.
2 Nasai'i # 3331, Ibn Majah # 2607, Musnad Ahmad 4-292, Abu Dawud # 4456.
3 Tirmidhi # 1155.

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medicine after weaning is not allowed.
The physicians say that a daughter's milk is good for the eyes of parents. But, some ulama
(Scholars) say that it is not allowed to use it. Other say that if it is certain that a daughter's
milk is good for the eyes then it may be used and is allowed.
HOW MAY A WET NURSE BE PAID
(٣١٧٤) وَعَنُ حَجَّاجِ بْنِ حَجَّاجِ الْأَسْلَمِيِّ عَنْ آَيْهِ أَنَّهُ قَالَ يَا رَسُولَ اللَّهِ مَا يُذْهَبُ عَنِىْ مَذِمَةَ الرَّضَاءِ فَقَالَ
غُرَّةٌ عَبْدْ آَوْ آمٌ۔ (رواه الترمذى وابوداؤد والنسائى والدارمى)
رضى الله عنه Sayyiduna Hajj (pilgrimage)aj ibn Hajj (pilgrimage)aj Al-Aslami .3174 .
narrated from his father that he asked Allah's Messenger صلى الله عليه وسلم "O Allah's
Messenger صلى الله عليه وسلم how may I be relieved of the obligation due on me for
fostering (me as) a child?' He said, "A good slave or slave girl."1
COMMENTARY: The person who asked wished to know how he might reimburse the wet
nurse. She renders a great service and must be repaid well with a servant. So service is
repaid with service.
PROPHET صلى الله عليه وسلم RESPECTED HIS WET NURSE
(٣١٧٥) وَنُّ أَبِ الٌّفَيْلِ الْغَنَّوِيِّ قَالَ كُنْثُ جَالِمًا مَعَّ النَّبِيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ إِذْاَ قُبَلَتِ امْرَأَةٌ فَبَسَطَ
النَّيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ رِدَائَّهُ حَتّى قَعَدَتْ عَلَيْهِ فَلَنَّا ذَهَبَتْ قِيْلٌ لهذِهٍ أَرْضَعَتِ النَِّيِّ صَلَّى اللّهُ عَلَيْهِ
·
وَسَلَّمَ-(رواهابوداؤد)
3175. Sayyiduna Abu At-Tufayl Al-Ghanawi رضى الله عنه narrated that he was seated
with the prophet صلى الله عليه وسلم when a woman arrived. The Prophet صلى اللهعليه وسلم spread
out his cloak (for her) so that she sat on it. When she departed, the astonishment of
every one was quelled when) someone said "She had suckled the Prophet la.
2(.رضى اله عنه She was Sayyidah Halimah) ". وسلم
NOT MORE THAN FOUR MARRIAGES
(٣١٧٦) وَعْنِ ابْنِ عُمَّرَ آَبَّ غَيْلَانَ بُنَ سَلَمَةَ الشَّقَفِيَّ أَسْلَمَ وَلَهُ عَشْرُ نِسْوَةٍ فِى الْجَاهِلِيَّةِ وَأَسْلَمُنَّ مَعَهُ فَقَالَ
النَّبِىُّ صَلَى اللَّهُ عَلَيْهِ وَسَلَّمَ أَمْسِتْ أَرْبَهَا وَفَارِقُ سَائِرَ هُنَّ- (رواه أحمد والترمذى وابن ماجة)
رضى الله narrated that Ghaylan ibn Salamah Thaqafi رضى الله عنه Sayyiduna Ibn Umar .3176
embraced Islam. He had ten wives (whom he had married) in pre-Islamic days
صلى الله عليه وسلم and they too had embraced Islam alongwith him. So the Prophet
instructed him to retain four of them and separate from the rest of them.3
COMMENTARY: This hadith confirms the marriages contracted during the jahiliyah
(ignorance period) are valid. Hence, the Prophet صلى الله عليه وسلم did not ask him to remarry
them. If they were of the prohibited degrees who could not be married at the same time,
1 Tirmidhi # 1157, Abu Dawud # 2064, Nasai'i # 3329, Darimi # 2254, Musnad Ahmad 3. 45.
2 Abu Dawud # 5144.
3 Tirnidhi # 1131, Ibn Majah # 1953, Musnad Ahmad # 4609.

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they were separated. Besides, only four wives are allowed at a time in Islam.
(٣١٧٧) وَعَنْ نَوْفِلٍ بُنِ مُعَاوِيَةً قَالَ أَسْلَمْتُ وَتَحْتِىْ خَمْسُ نِسْوَةٍ فَسَأَلْتُ النَِّيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَ
فَارِقُ وَاحِدَةٌ وَأَمْسِكُ أَرْبًَّا فَعَمِدْتُ إِلى أَقْدَ مِهِنَّ صُحْبَةً عِنْدِىٌ عَاقِرٍ مُنْذُسِتِّيْنَ سَنَّةً فَفَارَقْتُهَا.
.
(رواه فى شرح السنة)
3177. Sayyiduna Nawfal ibn Mu'awiyah us à >, narrated that when he embraced
Islam he had five wives. So he asked the Prophet صلى الله عليه وسلم (about it). He said,
"Separate one and retain four." So, he decided to separate the one who had been
with him the longest (his first wife) and was barren since sixty years. He separated
from her.1
MARRYING TWO SISTERS AT ONE TIME
(٣١٧٨) وَعَنِ الشَّحَاكِ بْنِ فَيْرُؤُزَ الدَّيْلَمِيِّ عَنْ آَيْهِ قَالَ قُلْتُ يَا رَسُولَ اللَّهِ إِنْ أَسْلَمْتُ وَتَحْتِىْ أُخْتَارٍ
قَالَ اخْتَرْ آَيَّتَهُمَا شِئْتَ۔ (رواه الترمذى وابوداود وابن ماجة)
3178. Sayyiduna Ad-Dahhak Ibn Fayruz (or Firuz ad Daylami) aluz, reported that
his father (Sayyidua Fayruz) As an>, narrated that he said, "O Messenger of Allah, I
have embrace Islam and have two sisters as my wives." He said, "Choose whichever
of the two you like."2
COMMENTARY: Imam Shafi'I als, and Imam Maalik altas, contend that when a man
becomes a Muslim and he has among his wives two sisters who too have become Muslims,
then he is allowed to keep either of them as his wife, the first wife or the second of them.
Imam Abu Hanifah als, says that if he had married both sisters to get her then he is not
allowed to keep any of them. If he had married them one after the other then he is allowed
to retain the one he had married first as his wife. He cannot retain the one he had married
afterwards.
MARRIAGE OF INFIDELS WHEN ONE OF THEM BECOMES MUSLIM
(٠٣١٧٩-٣١٨٠) وَعَنِ ابْنِ عَبَّاسٍ قَالَ أَسْلَمْتِ امْرَأَنْ فَتَزَوََّتْ فَجَاءَ زَوُجُهَا إِلَى النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
فَقَّالَ يَا رَسُولَ اللَّهِ إِنِّى قَدْ أَسْلَمْتُ وَعَلِمَتْ بِاِسْلَاهِى فَانْتَزَّعَهَا رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مِنْ زَوْجِهَا
الْآخِرِ وَرَدَّهَا إلى زَّوْجِهَا الْأَوَلِ وَفِيْ رِوَايَةٍ أَنَّهُ قَالَ إِنَّمَا أَسْلَمَتْ مَعِيْ فَرَدَّهَا عَلَيْهِ رَوَاءُ أَبُودَاوُدَ وَرُوِىَ فِى
شَرُحِ السُّنَّةِ آَّ جَمَاعَةٌ مِنَ النِّسَاءِ رَدَّهُنَّ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بِالنِّكَاحِ الْأَوَلِ عَلَى أَزْوَاجِهِنَّ عِنْدَ
إِجْتَمَاءِ الْإِسْلَامَيْنِ بَعْدَ اخْتِلَافِ الَّذِيْنِ وَالذَّارِ مِنْهُنَّ بِنْتُ الْوَلِيْدِ بْنِ مُغِيْرَةً كَانَتُ تَحْتَ صَفْوَاتَ ابْنِ
أُمَيَّةً فَاسْلَمَتْ يَوْمّ الْفَتْحِ وَهَرَبَ زَوُجُهَا مِنَ الْإِسْلامِ فَبَعَثَ إِلَيْهِ ابْنَ عَمْهِ وَهُبَ بُنَّ عُمَيٍْ بِرِدَاء رَسُولِ
1 Bukhari in Sharh us Sunnah (Prophet's صلى الله عليه وسلم practice) # 2289.
2 Tirmidhi # 1133 (and 1132) , Abu Dawud # 2243, Ibn Majah # 1950, 1951, Musnad Ahmad 4-221.
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اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ آَمَانًا لِصَفْوَانَ فَلَمَّا قَدِمَ جَعَلَ لَهُ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ تَسْبِيُرًا أَرْبَعَةٍ
أَشْهُرٍ حَتَّى أَسْلَمَ فَاسْتَقَرَّتْ عِنْدَهُ وَأَسْلَمَتْ أُمّ حَكِيْمٍ بِنْتُ الْحَارِثِ بْنِ هِشَاهِ امْرَأَُّ عِكُمِمَةً بُنِ آٍ جَهْلٍ
يُؤْمِّ الْفَتْحِ بِمَكَّةً وَهَرَبَ زَوْجُهَا مِنَ الْإِسْلَامِ حَتَّى قَدِمَ الْيَمَنَ فَارْ تَحْلَتْ أُم حَكِيْمٍ حَتَّى قَدِمَتُ عَلَيْهِ
الْيَمَنَّ فَدَعَتْهُ إِلَى الْإِسْلَامِ فَأَسْلَمَ فَقَبَتَا عَلَى ذِكَاحِهِمَا رَوَاهُ مَالِكْ عَنِ ابْنِ شِهَابٍ مُرْسَلًا۔
3179. Sayyiduna Ibn Abbas As às>, narrated that a woman embraced Islam and
married (a man). But her (first) husband met the Prophet صلى الله عليه وسلم and submitted
"O Messenger of Allah, I have embraced Islam and she had known about my Islam.
(She married another man in spite of that.) " So Allah's Messenger صلى الله عليه وسلم took
her away from her second husband and returned her to her first (husband).
According to another version: He said, "She had embraced Islam with me." So, he
returned her to him.1
3180. It is reported in Sharh us sunnah (Prophet's , , à o practice) about a
number of women (like them):
The prophet صلى الله عليه وسلم returned them because of their first marriage to their
husbands (respectively) who had embraced Islam alongwith them after their
differences of religion and native lands. (When one of the spouses embraced Islam
and moved to Islamic territory and the other resided in enemy territory, so there
was a difference of religion and residence. But when the other followed suit, the
Prophet صلى الله عليه وسلم let their previous marriage hold and joined the two again, there
being no need to renew their marriage contact: )
Among these women were:
The daughter of walid ibn Mughirah. She was the wife of Safwan ibn Umayyah.
She had embraced Islam (before her husband did) on the day of the conquest of
Makkah but her husband had kept away from Islam. His paternal cousin wahb ibn
Umayr رضى الله عنه was sent to him with the cloak of Allah's Messenger صلى الله عليه وسلم as a
token of security to Safwan (that he would not be harmed when he arrived Allah's
Messenger صلى الله عليه وسلم granted him four months' respite (to think over) before
embracing Islam. She stayed with him (he having embraced Islam two months after
his wife had done).
(Another woman was) Umm Hakim, daughter of Hirith ibn HIsham and wife of
Ikrimah ibn Jahl who embraced Islam in Makkah on the day of the conquest of
Makkah. Her husband, however, kept away from Islam and fled towards Yemen.
She (got the Prophet's صلى الله عليه وسلم permission and after a few days) went to Yemen
(herself). When she urged him to embrace Islam, he submitted. Their marriage, too,
was retained.
(Imam Maalik has transmitted this hadith mursal from Ibn Shihab.)2
COMMENTARY: The question is whether the marriage of couple would continue as it is if
one of them becomes a Muslim and the other persists on the religion they had been
1 Tirmidhi # 147, Abu Dawud # 2238, Ibn Majah # 1951, Musnad Ahmad 4-271.
2 Muwata Maalik # 44 (Nikah (wedlock)).

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following. Mazhar alu>, cites Imam Shafi'I als, and Imam Ahmad alda>, as saying that if
the non Muslim (partner) embraces Islam before the iddah (waiting period) or waiting
period of the woman finishes (whether husband or wife) , then their marriage will remain
undisturbed. It does not matter what religion they had been following (both the same or
different). One may have been an idol-worshipper and the other a Christian or a Jew. It also
does not matter whether they resided in Islamic territory or in enemy land, or both were
divided one here and the other there.
Imam Abu Hanifah au,, however, said that they would be separated for one of three reason.
(i)
The days of iddah (waiting period) are over.
(ii)
The Muslim among them urges the non-Muslim to accept Islam, but to no avail.
(iii)
One of them moves from Islamic territory to enemy land, or from enemy land
to Islamic land.
Furthermore, Imam Abu Hanifah a >, says that it is one and the same thing whether
either of them had embraced Islam before they had had a sexual intercourse or after that.
صلى الله عليه وسلم1 see the Life of Prophet Muhammad)
Ibn Kathir - English translation of seeratun Nabi (>Juale , p 518 - for Ikrimah's perdon and
p 525 - for protection to Safwan.)
(The following is an extract on this subject from siratun Nabi.,le auLo of Allama Shibli
Nu'mani and Sayid Sulayman Nadvi v2, Era of peace p 300)
Ikrimah was Islam's enemy and Abu Jahl's son. He himself was an arch enemy of the Prophet
yttedo in the same way as his father. He fled Makah at the time of its liberation and was
headed towards Yaman. His wife had become a Muslim. She travelled to Yaman, convinced
him, turned him into a Muslim and brought him back to Makkah and presented him before
the Holy Prophet صلى الله عليه وسلم . On seeing him, the Prophet صلى الله عليه وسلم stood up, extremely
pleased and walked towards him rapidly, his cloak falling down his body in the process.2
These words came to his lips:
مَرْحَبَا بِالرَّاكِبِ الْمُهَاجِرِ
"Welcome to you, O migrant rider!"3
Safwan ibn Umayyah was a chief of the pagan Quraysh and the staunchest enemy of Islam.
He was the one who had promised Umayr Ibn Wahb a reward if he killed the Prophet and
jule. When Makkah was liberated, he fled to jaddah having resolved to go to Yaman by
sea. Umayr ibn Wahb submitted to the Prophet صلى اللهعليه وسلم . "O Messenger of Allah! Safwan
ibn Umayyah is the Chief of his tribe. He has fled out of fear and will plunge himself into
the sea." He said, "He is guaranteed security." The man said, "O Messenger of Allah, is
there a token of the guarantee that he may trust me?" He gave him his turbgan which he
took Safwan who said, "I fear for my life over there." Umayr said, "Safwan you do not yet
realise how kind and forgiving Muhammad is." So, he came with Umayr to the Prophet
the à and his first question was. "Umayr says that you have given me protection?" He
said, "That is true!" Sufwan said, "Give me respite for two months." The Prophet at.
1 Darul Isha'at Karachi.
2 Muwatta Maalik (Nikah (wedlock)).
3 Tirmidhi.

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, said, "Not two, but four month." Thereafter, he became a Muslim of his own accord.
This account is found in detail in Ibn HIsham.1
SECTION III
الفَصلُ الثَّالِثُ
THE MUHARRIMAT RELATIVES
(٣١٨١) عَنِ ابْنِ عَبَّاسِ قَالَ حُرِّمَ مِنَ النَّسَبِ سَبٌْ وَمِنَ الصِّهْرِ سَبُهُ ثُمَّ فَرَأَ حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمُ
الْآيَةُ- (رواه البخارى)
3181. Sayyiduna Ibn.Abbas us à +, asserted that by reason of consanguinity seven
kinds of women are prohibited and by reason of relationship by virtue of marriage
seven kinds are forbidden. Then he recited:
حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمُ (النساء ): ٢٣)
{Forbidden to you are your mothers .... } (the verse 4: 23)
COMMENTARY: The seven women relatives through genealogy who are of the forbidden
degrees are:
mother, daughter, sister, paternal aunt, maternal aunt,' brother's daughter and
sister's daughter.
The relationship by virtue of marriage called (l) (Musahirat) or in - laws' are
established through marriage. The seven women who are forbidden because of it include
four who are prohibited for ever. It is never allowed to marry any of them at any time or in
any condition. They are:
.
(i)
Wife's mother or one's mother - in law.
(ii)
Wife of son and wife of grandson (son's son) meaning daughter-in-law and
grand daughter-in-law, down the family tree no matter how law.
(iii)
Wives of father and grandfather and so on up the tree (wives of great
grandfather .... )
(iv)
Daughter of one's own wife with whom one has had a sexual intercourse.
The other three relatives by marriage who are not forbidden perpetually ar e:
(i)
Wife's sister
(ii)
Wife's father's sister.
(iii)
Wife's mother's sister.
The verse of surah on Nisa that Sayyiduna Ibn Abbas san +, recited mentions all the seven
women relatives by consanguinity and most of those who are forbidden because of
marriage. The verse reads:
حُرِّمَتْ عَلَيْكُمْ أُمَّهِتُكُمْ وَبَنَّاتُكُمُ وَأَخَوَاتُكُمْ وَعَثَّاتُكُمْ وَخَالَاتُكُمْ وَبَنَاتُ الْآَخِ وَبَنَاتُ الْأُخُتِ
وَأُمَّهَاتُكُمُ اللَّقْ أَرْضَّمْنَكُمْ وَأَخَوَاتُكُمُ قِنَ الرَّضَاعَةِ وَأُمَّهَاتُ نِسَآئِكُمْ وَرَبَآئُكُمُ اللَاقِ فِي حُجُوْرِ كُمْ
مِنْ تِسَآئِكُمُ اللَّقِ دَخَلْتُمْ بِهِنَّ فَإِنْ لَّمْ تَكُوْنُوْا دَخَلْتُمُ بِهِنَّ فَلَا جُنَّاءَ عَلَيْكُمْ وَحَلَائِلُ ابْنَائِكُمُ الَّذِيْنَ
مِنْ أَصْلَابِكُمْ وَأَنْ تَجْمَهُوْا بَيْنَّ الْأخْتَيْنُ إِلَّ مَا قَدْ سَلَفَ إِنَّ اللّهَ كَانَ غَفُوْرً ا رَّحِيْهًا * - (النساء : ٢٣)
1 Darul Isha'at Karachi.
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(Forbidden to you (in marriage) are your mothers and your daughters and your
sisters and your paternal aunts and your maternal aunts and your brother's
daughter and your sister's daughters and your mothers who have suckled you and
your foster sisters and mothers of your wives and your step daughters, who are
under your ward ship, (born) of your wives to whom you have gone in - but if you
have gone in to them, there is no blame on you - and the wives of your sons who
are from your own loins; and that you should have two sisters together, except what
has already passed. Surely Allah is ever forgiving, Merciful}
WIFE'S DAUGHTER IS FORBIDDEN
(٣١٨٢) وَعَنْ عَمْرٍو بُنِ شُعَيْبٍ عَنْ أَبِيُّهُ عَنْ جَدِّمٍ آَكَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ آَيُّمَا رَجُلٍ نَگم
إِمْرَ أَنَّ فَدَخَلَ بِهَا قَلَا تَحِلُّ لَهُ نِكَاءُ ابْلَّتِهَا وَإِنْ لَمْ يَدُخُلُ بِهَا فَلْيَنْكِحِ ابْنَّتَهَا وَأَيُّمَا رَجُلٍ تَكّحَ اهْرَ أَنَّ فَلَا
يَجِلُّ لَهُ آْ يَنْكِحَ أُمَّهَا دَخَلَ بِهَا أَوْلَمْ يَدْخُلُ - رَوَاهُ الفِّرْمِذِىُّ وَقَالَ هُذَا حَدِيْثْ لَا يَصِغُّ مِنْ قِبَلٍ إِسْتَادِ؟
وَأَنَّمَا رَوَاهُ ابْنُ لَهِيُعَةً وَالْمُثَنَّى بُنُ الصَّبَّاحِ عَنْ عَمْرِو بْنِ شُعَيْبٍ وَهُمَّا يُضَقَّفَانٍ فِى الُدِيْثِ-
3182. Sayyiduna Amr ibn Shu'ayb aluz, reported on the authority of his father who
صلى الله عليه that Allah's Messenger رضى الله عنه (from his grandfather (Sayyiduna Abdullah
, said, "To a man who marries a woman and consummates the marriage, it is not
lawful to marry her daughter. But, if he did not have a sexual intercourse with her,
then he may marry her daughter. And, to a man who marries a woman, it is not
lawful to marry her mother irrespective of whether he has consummated the
marriage or not."1
COMMENTARY: The prohibition to marry the daughter of one's wife is in line with the
verse of the Quran:
وَرَبَآئِيُكُمُ الَّتِى فِ حُجُوْرِ كُمْ مِنْ تِسَآئِّكُمُ الَّتِيْ دَخَلْتُهُ بِهِنَّ فَإِنْ لَّمْ تَكُوْنُوْا دَخَلْتُمْ بِهِنَّ فَلَا جُنَاءَ
عَلَيْكُمُ- (النساء ): ٢٣)
(And your step daughters, who are being brought up under your care, from wives
with whom you had intercourse, but if you have not had intercourse with them,
then there is no harm for you) (4: 23) (that you marry them.)
The command not to marry the mother of one's wife, meaning his mother-in-law,
absolutely, in any case, is borne out from this verse:
وَأُقَهُكُ نِسَآئِكُمُ.
{and mothers of your wives (are forbidden to you).} (4: 23)
1 Tirmidhi # 1120.

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CHAPTER - VI
بَابُ الْمُبَاشَرَةِ
SEXUAL INTERCOURSE
SECTION I
الفضلالآژل
A WRONG NOTION OF THE JEWS
(٣١٨٣) عَنْ جَابٍ قَالَ كَانَتِ الْتَّهُوُدُ تَقُولُ إِذَا آتَى الرَّجُلُ امْرَأَتَهُ مِنْ دُبُرِهَا فِ قُبُلِهَا كَانَ الْوَلَدُ أَحْوَلَ
فَتَزَّلَتْ نِسَاؤُكُمْ حَرْتُ لَّكُمْ فَأْتُوْا حَرْتَكُمْ آَلّى شِئْتُمُ - (متفق عليه)
3183. Sayyiduna Jabir w à +, narrated that the Jews believed that if a man has
intercourse with his wife at the vagina but comes (to it) from her rear then the child
will be squint-eyed. So this verse was revealed:
نِسَاؤُكُمْ حَرْتْ لَّكُمْ فَأَتُوا حَرْتَكُمْ اَلّ ◌ِلْتُمُ
{Your wives are tillage for you, so come to your tillage as you will}1 (2: 223)
COMMENTARY: Wives are like tillage like their produce, children are born to wives. Men
are at liberty to enter from whichever side and in whatever position they like. However,
intercourse is only at the vagina, for, only then may it be compared to a tithe. Intercourse at
the rectum or anus is forbidden not only by Islam but by all religions. It is an unnatural act.
COITUS INTERRUPT US
(٣١٨٤) وَعَنْهُ قَالَ كُنَّا نَعْزِلُ وَالْقُرْاُ يَنْزِلُ - مُنَّفَقْ عَلَيْهٍ وَزَادَ مُسْلِمْ فَبَلَغَ ذلِكَ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ
فَلَمُ يَنْهَنَّا-
3184. Sayyiduna Jabir « à +) said, 'We used to practice azl (coitus interruptus).
Meanwhile, the Quran continued to be revealed (but this practice was not
forbidden)."
According to the version in Muslim: 'This was conveyed to the Prophet ,le ino
but he did not forbid us."2
COMMENTARY: Azl or coitus interruptus is to withdraw the penis before emission of
semen. In this way, the woman is prevented from conceiving.
Ibn Hammam. al , said that most of the ulama (Scholars) regard azl to be allowed.
However, some people including a few sahabah (Prophet's Companions) à +, consider
it as not permitted. In any case, the correct thing is that azl is permitted. It is stated in Durr
Mukhtar that azl is allowed in expediencies.
While it is allowed to observe it with one's female slave without her permission, it cannot
be practiced with one's free woman, meaning wife, without her consent.
If a man is married to someone else's female slave then he can practice azl with her only
with her master's permission.
Imam Shafi'i als>, also held that azl may be practiced with one's wife who is a free woman
1 Bukhari # 2158, Muslim # 117-1435, Tirmidhi # 2989, Abu Dawud # 2163, Nasai'i, Ibn Majah # 1925,
Darimi # 2213.
2 Bukhari # 5208, Muslim # 138-1440, Tirmidhi # 1140, Ibn Majah # 1927, Musnad Ahmad 3-309.

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only with her consent but no permission is necessary from a female slave whether owned
or married to oneself.
Imam Nawawi als, who was a follower of Shafi'I said that azl is makruh (disapproved)
because it halts procreation.
(٣١٨٥) وَعَنْهُ قَالَ إِّ رَجُلًا آَتّى رَسُولَ اللّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَقَّالَ إِّ ◌ِىْ جَارِيَةٌ هِيَ خَادِمَتُنَا وَأَنَا
أَطُوْفُ عَلَيْهَا وَأَكْرَهُ أَنْ تَحْمِلَ فَقَالَ إِعْزِلُ عَنْهَا إِنْ شِئْتَ فَإِنَّهُ سَيَأْتِيْهَا مَا قُدِّرَ لَهَا فَلَبِثَ الرَّجُلُ ثُقَّ آَتَاءُ
فَقَالَ إِّ الْجَارِيَّةَ قَدُحَبَلَتْ فَقَالَ قَدْ آَخْبَرْتُكَّ أَنَّهُ سَيَّاتِيْهَا مَا قُدِّرَ لَهَا - (رواه مسلم)
·
صلى الله عليه narrated that a man came to Allah's Messenger رحمه الله Sayyiduna Jabir .3185
, and submitted that he had a female slave who was their servant and with whom
he had sexual intercourse but he did not like that she should become pregnant. So,
he suggested, observe azal with her if you like. But that which is decreed for her
will come to pass." After some time the man come and submitted. "The female
slave has become pregnant. And, Allah's Messenger صلى الله عليه وسلم said. "I did tell you
that whatever is decreed for her would come her."1
COMMENTARY: Allamah (The learned Scholar) Nawawi al , said that if a woman
conceives even after observing coitus interrupt is then too the genealogy of the newborn is
established in the light of this hadith.
Allamah (The learned Scholar) Ibn Hammam atus, said that the question, whether the man
who has observed azl may reject the child conceived in spite of observing azl, is complex.
The scholars say that if a man, having observed azl, inserted his penis in the vagina once
again without having passed urine, then it is not proper to deny the child so conceived.
Some drops of semen may have remained on the penis and penetrated into the oval on his
second insertion.
It is why Imam Abu Hanifah ales, contends that if a man has a bath (after having sexual
intercourse but) before passing urine, and, after the bath, when he urinates he finds drops
of semen, then he must have a fresh bath.
(٣١٨٦) وَعَنْ آَبِيٍ سَعِيْدِنٍ الْخُدْرِيِّ قَالَ خَرَجُنَا مَعَ رَسُولِ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فِي غَزْوَةِ بَنِى الْمُصْطَلَقِ
فَأَصَبْنَا سَبْيًّا مِنْ سَمِيِ الْعَرَبِ فَاشْتَهَيْنَا النِّسَاءِ وَاشْتَدَّتْ عَلَيْنَا الْعُزْبَةُ وَاحْتَبْنَا الْعَزْلَ فَأَرَدْنَا أَكْ تَعْزِلَ
وَقُلْنَا تَعْزِلُ ورَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بَيْنَّ أَظْهُرِنَا قَبْلَ آَ نَسْأَلَهُ فَسَأَلْنَاهُ عَنْ ذُلِكَ فَقَالَ مَا
عَلَيْكُمْ آَنْ لَّا تَفْعَلُوا مَا مِنْ نَسَمَةٍ كَائِنَةٍ إِلَى يَوْمِ الْقِيَامَةِ إِلَّ وَهِىَ كَائِنَةٌ- (متفق عليه)
3186. Sayyiduna Abu Sa'eed al-Khudri us a>, narrated that they proceeded along
with Allah's Messenger صلى الله عليه وسلم on the expedition against the Banu Mustaliq.
They captured some Arab woman captives, and yearned for women because of
continued separation from their wives. So, they intended to observe azl (with these
captives to forestall conception) and decided on that finally, but wondered if they
could do it (or not particularly) when Allah's Messenger صلى الله عليه وسلم was among
1 Muslim # 134-1439, Abu Dawud # 2173, Musnad Ahmad 3-312.

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Translation & Commentary of MISHKATUL MASAABIH
Vol.3
them and not ask him? Thus they asked him about it and he said, "If you do not
observe azl, you will not suffer, because every soul that is (destined) to be born till
:
the day of resurrection will be born definitely)."1
COMMENTARY: Imam Nawawi als, said that even the Arabs may be taken captives in
battle. These people of Banu Mustaliq belonged to the tribe of Khuza'ah.
The Prophet's صلى الله عليه وسلم words have the word (ان) which could be read (ان) (in) or (أن) (an)
(meaning "you will not lose ... " or "that you observe it, will not harm you ... ")
It makes no difference whether you observe azl or not. In this sense, this hadith does
not approve azl.
But with the word (s) (in the second meaning), it approves azl.
(٣١٨٧) وَعَنْهُ قَالَ سُئِلَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنِ الْعَزْلِ فَقَالَ مَا مِنْ كُلِّ الْمَاءِ يَكُوُنُ الْوَلَدُ وَ
إِذَا أَرَادَ اللَّهُ خَلْقَ شَهِىءٌ لَمْ يَمْنَهُهُ شَىءٌ - (رواه مسلم)
صلى الله narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Sa'eed al-Khudri .3187
plug &he was asked about azl (coitus interrupt us). He said, "It is not from all the
semen that a child is born. When Allah decides to create something, nothing
prevents him (from doing it)."2
COMMENTARY: The question was intended to get permission for practicing coitus
interrupt us. The Prophet y,ledo explained that a woman does not conceive every time
a man's semen drops in her ovary or reproductive organ. It is only when Allah wills that
the semen and the ova combine to grow a child. So it is Allah's will that decides whether
she will conceive or not. If he decrees, then the reproductive process will begin and in spite
of azl an active drop of semen might find its way into the ovary.
Of course, Allah has power to create a child even without semen going into the woman's ovary.
On the face of it, this hadith does not approve azl. See also the commentary to a previous
hadith (# 3040 3185).
(٣١٨٨) وَعَنُّ سَعْدِ بْنِ آَبٍ وَقَّاصٍ أَكَّ رَجُلًّا جَاء إِلَى رَسُولِ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ إِى أَعْزِلُ عَنِ
امْرَأْقِ فَقَّالَ لَهُ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لِمَ تَفْعَلُ ذلِكَ فَقَالَ الرَّجُلُ أُشْفِقُ عَلَى وَلَدِهَا فَقَالَ تَسْوُلُ
اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَوْكَانَ ذُلِتَ ضَارَّ اضِّرَّ فَارِسَ وَالرُّؤُمَ - (رواه مسلم)
3188. Sayyiduna Sa'd ibn Abu Waqqas wal>, narrated that a man came to Allah's
Messenger صلى الله عليه وسلم and disclosed that he practiced coitus interruptus with his
wife. He asked him, "Why do you do it?" The man submitted, "I fear for her
infant." Allah's Messenger صلى الله عليه وسلم said, "If that was harmful then it would
surely have hurt the Persians and the Greeks!"3
COMMENTARY: It was presumed generally that if a man had sexual intercourse with his
wife and she conceived a child during the days she also suckled an earlier child then it
would render the milk poor and harm the infant. Moreover, they also imagined that it
1 Bukhari # 4138, Muslim # 125-1428, Abu Dawud # 2172, (Maalik) Muwatta # 95 (Talaq).
2 Muslim # 133-1438.
3 Muslim # 143-1443, Musnad Ahmad 5-203.