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would reduce the quantity of milk. So, this man wished to prevent his wife conceiving
another child during this period of suckling.
The Prophet صلى الله عليه وسلم pointed out to the man that the Persians and Greeks (Romans)1
Were used to do this thing. Their woman conceived during the period they were suckling
their infant. Hence, it is not harmful to have sexual intercourse during the period of
suckling or to conceive a child.
Hence, azl is of no purpose. In other words, the prophet ,,le ano disapproved resort to
coitus interruptus.
(٣١٨٩) وَعَنْ جُدَامَةً بِئْتٍ وَهْبٍ قَالَتْ حَفَّرْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي أُنَاسٍ وَهُوَ يَقُولُ لَقَدُ
هَمَمْتُ أَنْ أَّى عَنِ الْغِيْلَةِ فَتَظُرْتُ فى الزُّؤْمِ وَفَارِسَ فَإِذَاهُمْ يُخِيْلُوَ أَوْلَادَهُمْ فَلَا يَضُرُّ أَوْلَادَهُمْ
ذُلِكَ شَيْئًا ثُؤَّ سَأَلُوْهُ عَنِ الْعَزْلِ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ذُلِكَ الْوَأُّدُ الْحُفِيُ وَهِىَ وَإِذَا الْمُؤْدِدَةُ
سُئِلَتُ- (رواه مسلم)
3189. Sayyidah Judamah bint Wahb usd+, said that she went to Allah's Messenger
who had some people around him. He said to them, "I had intended to صلى الله عليه وسلم
forbid ghilah. Then I thought of the Greeks and the Persians. Behold! They practice
ghilah without it causing any harm to their children." Then, they asked him about
azl. So, Allah's Messenger ,,leano said, "That is a quiet burying alive (and a bad
habit) referred to in this verse: "
وَإِذَا الْمَوْءِدَةُ سُئِلَتْ - الآية
{And when the girl-child buried alive is questioned} (81: 8)2
COMMENTARY: Ghilah is to suckle a child at the same time as the woman is pregnant.
Nihayah says that it is to have sexual intercourse with one's wife during the days she is
suckling her infant The Arabs abstained from this because they imagined that it was
harmful to their suckling child. The Prophet ,la had also decided to prohibit it but
he did not because of the example of the Greeks and the Persians
During the jahiliyah (ignorance period), the Arabs used to bury their new born babies alive. The
verse cited in the hadith speaks of it. Parents of these girls would be subject to harsh reckoning.
The prophet , le à o described azl as a kind of burying a child alive. Thus it is better
and preferable to abstain from azl.
One day the prophet's صلى الله عليه وسلم sahabah were assembled. Among them were Sayyiduna
.رضى الله عنه besides the amir ul mumineen, Umar رضى الله عنه and Sa'd رضى الله عنه Zubayr. رضى الله عنه Ali
They discussed azl and the general view was that it was permitted. However, one of them
remarked that certain people compared it to burying alive one's own child, saying that it
was a minor form of it. Sayyiduna Ali us a +, said that it can be so called only if the child
begins to breath, meaning if an abortion is forced after the foetus stars living or a live child
is born and it is buried then that is like burying alive a child.
1 The Arabic (,,J) (Room) is rendered Greeks.
2 Muslim # 141-1442, Abu Dawud # 3682, Nasai'i # 3326, Ibn Majah # 2011, Darimi # 2217, Muwatta
Maalik # 16 (Rad'ah) Musnad Ahmad 6-434.

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Umar ucan», said, "May you live long Ali, you have spoken the truth. Accordingly, the juristic
ruling also is that abortion is permitted till the foetus is lifeless. It is one hundred and twenty
days after conception that soul is blown in the foetus after which abortion is disallowed.
Some people say that these words of the Prophet Ly, lean do do not point to prohibition of azl
but to its being makruh (disapproved). It is certainly a resemblance to burying a child alive
because it is a throwing away of the sperm, the essence of conception leading to child birth.
Ibn Hammam als, said that it is correctly reported of Ibn Mas'ud a >, that he compared
azl to a minor form of burying alive.
Abu Umamah «.cần+, said on being asked about azl that he had never known of a Muslim do it.
Ibn Umar رضى الله عنه reported that Umar رضى الله عنه beat some people for practicing azl.
Uthman us à +, also forbade people from practicing azl (coitus interruptus).
However, the ulama (Scholars) say of all these prohibitions that they amount to nahi
tanzihi (which is a prohibition nearer lawful).
WARNING TO ONE WHO DISCLOSES SECRETS OF HIS WIFE
(٣١٩٠) وَعَنُ آَبِئْ سَعِيْدِنِ الْخُذُرِيِّ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِنَّ أَعْظَمَ الْأَمَانَةِ عِنْدَ اللهِ
يَوْمَ الْقِيَامَةِ وَفِي رِوَايَةٍ إِثَّ مِنْ أَشَرِّ النَّاسِ عِنْدَ اللَّهِ مَنْزِلَةً يَوْمَ الْقِيَامَةِ الرَّجُلُ يُفْضِى إِلَى امْرَأْتِه وَتُفْضِى
إِلَيْهِ ثُؤَّ يُنْشِرُ سِرَّهَا- (رواه مسلم)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Sa'eed al Khudri .3190
, said, "The greatest trust in the sight of Allah on the day of resurrection ... " But
according to another version: "Surely, the most wicked of all men in the sight of Allah
on the day of resurrection .... is the men who has sexual intercourse with his wife and
she is locked in his arms, and afterwards, he goes around revealing her secrets."1
COMMENTARY: Allamah (The learned Scholar) Teebi alu, said about the greatest trust
that it is such that one who commits breach of it will be subjected to strict reckoning on the
day of resurrection. This trust is the private life of husband and wife and their secrets. It is
great responsibility of the husband to protect his wife from disclosure of her secrets. If a
man spreads the secrets of his wife then he will be questioned on the day of resurrection.
Ashraf ales, said that it means that treachery in the greatest of trust as measured on the
day of resurrection, in Allah's sight is to set people know about one's wife's secrets. It is
what shameless people do. They disclose the shortcomings of their wives or the good
qualities and characteristics of their wives which it is essential to conceal according to :
(divine law) and etiquette.
Ibn Maalik alder, said that it applies to both husband and wife. Neither must disclose such
things of the other as that partner would not like to be known. Such disclosure is treachery.
In short, this conduct is punishable in the hereafter.
It would not be incongruous and unprofitable to recount here a didactic event.
A learned and wise man intended to divorce his wife. The people asked him what
prompted him to think of that. He said, "How may I disclose her shortcoming?" (If I tell
you of the reasons, that would amount to revealing her secrets. I cannot do that.) After he
divorced her, they asked him again, "Why did you do that?" This time he excused himself,
1 Muslim # 124-1438, Abu Dawud # 4870, Musnad Ahmad 3-69.

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saying "How may I speak of the defects of a stranger woman?" (This is not proper.)
Some of the ulama (Scholars) say that this prohibition to the couple to disclose one
another's secrets is only when there is no benefit in it and no purpose served. If there is
some advantage then it is not disallowed. For instance, a husband may be impotent or hard
to please and uncaring. In such cases, his wife is allowed to complain of these things and
this is what Allah himself permits;
لَا يُحِبُّ اللَّهُ الْجُهْرَ بِالسُّوءِ مِنَ الْقَوْلِ إِلََّ مَنْ ظُلِمَ -
{And Allah likes not shoutting of evil words except by one who has been
wronged.} (4: 148)
(The Urdu translation has 'making known' instead of 'shoutting.')
SECTION II
الفصل الثانى
NO INTERCOURSE DURING MENSTRUATION & NO UNNATURAL ACT
(٣١٩١) عَنِ ابْنِ عَبَّاسٍ قَالَ أُوْجِىَ إِلَى رَسُوْلِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ نِسَانُكُمْ حَرْتْ لَّكُمْ فَأْتُوا حَرْئَكُمْ
الْآيَةُ أَقْبِلُ وَادْبِرٌ وَاتَّقِ الدُّبْرَ وَالْحِيفَة- (رواه الترمذى وابن ماجة والدارمى)
3191. Sayyiduna Ibn Abbas us à+, narrated that this verse was revealed to Allah's
: صلى الله عليه وسلم Messenger
نِسَآؤُكُمْ حَرُثْ لَّكُمْ فَأْتُوْا حَرْقَكُمْ- الآية
{You wives are a tillage for you, so come to your tillage as you will} (2: 223)
Hence, come to it from the front or from behind (to the vagina). But refrain from
(going into the) anus, and from sexual intercourse during (her) menstruation.1
COMMENTARY: The words 'come to it from the front' refer to coming to the vagina from
the front, and the words 'come to it from the behind' also refer to the vagina but coming
from the rear. They elaborate the text (pu) {So come to your tillage}. In any case
penetrate the front, meaning vagina.
It is absolutely forbidden to commit an unnatural act at the anus.
Also, it is forbidden to enter the vagina too when the woman experiences her menstruation.
(٣١٩٢) وَعَنْ خُزَيْمَةَ بْنِ ثَابِتٍ أَّ النَِّيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ إِكَّ اللَّهُ لَّا يَسْتَجُىْ مِنَ الْحُقِّ لَا تَاتُوا
النِّسَاء فی ادُبَارِ هِنَّ۔(رواه أحمد والترمذى وابن ماجة والدارمى)
صلى اللهعليه وسلم narrated that the Prophet رضى الله عنه Sayyiduna Khuzaymah ibn Thabit .3192
said "Surely, Allah is not ashamed of the truth. Do not commit an unnatural act
with woman through their anus."2
COMMENTARY: The word haya translated ahsmed is a kind of shyness depicted by a
change in a person on being blamed. Since any kind of change is not associated with Allah,
here haya is used figuratively to man 'to give up.' Thus: 'Allah does not give up speaking
the truth and disclosing it.'
1 Tirmidhi # 2991, Musnad Ahmad 1/297, Ibn Majah, Dararmi.
2 Ibn Majah # 1924, Darimi # 2213, Musnad Ahmad 5-213, Tirmidhi # 1167.

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This is spoken ahead of the subject of the hadith and a warning is sounded that approaching
a woman at her anus is a forbidden act. It is so bad that even speaking of it is shameful
though it be to prohibit it. But, it is a question of : (divine law), so must be spoken.
The prohibition is stronger when practiced between men.
Teebi رحمه الله said that the Prophet صلى الله عليه وسلم did not assert, "I am not ashamed of the
truth ... " but he attributed the words to Allah to emphasise the evil of the act. Those people
who permit it are misled badly.
Teebi & As, said that if anyone does it with a woman who is a stranger then he is an
adulterer. If he does it to his wife or female slave then he perpetrates a grave sin. But he
will not be stoned to death and will not be awarded the prescribed punishment. However,
he will be punished definitely.
Nawawi alu, said that if anyone commits it with his slave then he will come under the
purview of one doing it to a strange.
Imam Abu Hanifah al , said that both the active and the passive men involved in the
unnatural acct deserve discretionary punishment. However, if the passive one is young,
mad or compelled then he will not be punished.
PERPETRATOR OF UNNATURAL WITH WIFE IS ACCURSED
(٣١٩٣) وَعَنْ أَبِي هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ مَلْعُوْهُ مَنْ آَتَى إِمْرَأَتَهُ فِي دُبُرِهَا-(رواه
احمد و ابوداؤد)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3193
said, "Accursed is he who approaches his wife through her anus."1
(٣١٩٤) وَعَنْهُ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَإِّ الَّذِى يَأْتِ امْرَأَتَّةُ فِعْ دُبُرِهَا لَا يَتْخُلُرُ اللَّهُ إِلَيْهِ
(رواه فى شرح السنة)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3194
said, "Surely, Allah will not look (with mercy and kindness) at one who approaches
his wife at her anus."2
(٣١٩٥) وَعَنِ ابْنِ عَبَّاسِ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا يَنْظُرُ اللهُ إِلَى رَجُلٍ أَى رَجُلًا آَوِ المُرَأَةٌ
فی الُّبُرِ۔(رواه الترمذى)
3195. Sayyiduna Ibn Abbas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"Allah will not cast a look (of mercy and compassion) on a man who commits an
unnatural act with a man or a woman at the anus."3
GHILAH IS FORBIDDEN
(٣١٩٦) وَعَنْ أَسْمَاءَ بِنْتٍ يَزِيْدَ قَالَتُ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَقُولُ لَا تَقْتُلُوْا أَوْلَادَكُمْ
1 Abu Dawud # 2162, Musnad Ahmad 2-444.
2 Ibn Majah # 1923, Baghawi in Sharh us sunnah (Prophet's صلى الله عليه وسلم practice) # 2297.
3 Tirmidhi # 1168.

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سِرّا فَإِّ الْغَيْلَ يُدُرِكُ الْفَارِسَ فَيُدَ عُثِرُهُ عَنْ قَرَسِه- (رواه ابوداؤد)
3196. Sayyidah Asma bint Yazid sal+, narrated that she heard Allah's Messenger
duy ile an o say. "Do not kill your children quietly (in a secret way) because gill
overtakes the horseman and hurls him down from his horse."1
COMMENTARY: Do not harm your children through ghilah. It was explained previously
(hadith # 3189, commentary) that ghilah is to suckle an infant during pregnancy, or to have
sexual intercourse during the period of suckling.
The hadith says that ghilah creates an impairment in the temperament of the child. Its
energy saps, the effect remains upto his adulthood too so that he is weak in the battlefield
and falls down from his horse.
So do not observe ghilah lest you be the cause of your child's destruction.
However, previously it has been affirmed that ghilah has no adverse effect on a child (for
example, hadith # 3189). Teebi a >, explains that previously the action of the jahiliyah
(ignorance period) was rejected that ghilah was the true cause of injury. This hadith speaks
of ghilah as a general effective agent but the real cause lies in Allah's hands. Nothing
happens without his will. Or, we may say that this hadith gives a command of the kind of
nahi tanzihi, meaning it is nearer lawful then unlawful while the Prophet's , l &
previous saying:
لَقَدُ هُمَمُثُ الخ
"I had intended to forbid ghilah .... " is based on prohibition.
We may also say that both ahadith are based on the ijtihad (independent judgment) of the
Prophet ylod do. When he observed that when the Arabs practiced ghilah, their children
turned out to be weak, so he forbade this practice of ghilah. But, when he observed that the
Greeks and the Persians also practiced it without adverse effect on their children, he
reversed the decision. The hadith (# 3189) of Sayyiduna Judamah upholds this contention.
SECTION III
الفضلُ القَّالِثُ
CONDITIONAL PERMISSION FOR AZL
(٣١٩٧) عَنُ عُمَرَ بُنِ الْخُطَّابِ قَالَ تََّى رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ ا يُعْزَّلَ عَنِ الْحُرَّةِ إِلَّ بِإِذْنِهَا .
(رواه ابن ماجة)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Umar ibn Khattab .3197
duy forbade coitus interruptus with a free woman without her permission.
COMMENTARY: It is a night for one's wife, a free woman; that azl may not be practiced
with her without her permission. She might wish to have a child or to enjoy sexual
intercourse. Both these things are denied to her if the penis is withdrawn before emission.
As for sexual intercourse with a female slave, her permission is not required to perform azl.
1 Abu Dawud # 2881, Ibn Majah # 2012, Musnad Ahmad 6. 458.

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CHAPTER - VII
CONTINUATION OF PREVIOUS CHAPTER
الفَضلُ الْأَوَّلُ
SECTION I
FEMALE SLAVE MAY ANNUAL HER MARRIAGE ON EMANCIPATION
(٣١٩٨) عَنْ عُرُوَةَ عَنْ عَائِشَةً أَرَّ تَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَّهَا فِيْ بَرِيْرَةَ خُذِيُهَا فَأَعْتِقِيْهَا وَكَانَ
زَّوُجُهَا عَبْدًّا فَخَيَّرَهَا رَسُوْلُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمْ فَاخْتَارَتُ نَفْسَهَا وَلَوْكَانَ خُرَّا لَهُ يُخَيِّرُهَا- (متفق عليه)
رضى الله عنها narrated on the authority of Sayyidah Ayshah رضى الله عنه Sayyiduna Urwah .. 3198
, رضى الله عنه said to her concerning Sayyidah Barirah صلى الله عليه وسلم that Allah's Messenger
صلى الله عليه وسلم Buy her and set her free." Her husband was a slave, so Allah's Messenger"
gave her option (about herself) and she elected to separated herself (from her husband).
If he were a free man then the prophet Ly.lean . would not have given her option.1
COMMENTARY: The case of Sayyidah Barirah has been recorded in detail in the Kitab
Buyu. (see hadith # 2877, and commentary).
She was the female slave of a Jew. Sayyidah Ayshah quea +, bought her and set her free. Her
husband was a slave, so the Prophet ,le an Lo gave her choice to stay with him to revoke
their marriage and separate from him because she was a free woman. She opted to separate.
The last sentence of the hadith seems to be the opinion of Urwah us an+). This coincides
with the opinion of Shafi'I alas, Maalik als, and Ahmad antes, that after getting freedom a
female slave has the option to separated from her husband only if he is a slave, but not if he
is a free man.
However, Abu Hanifah att>, disagrees, He says that she has a choice in any case whether
her husband is a slave or a free man.
Arguments of the ulama (Scholars) of both sides may be seen in books of fiqh (Islamic
jurisprudence).
If both the spouses are set free together then the ulama (Scholars) say that the wife does not
have the option to revoke their marriage. Also, if only the husband gets freedom then he
does not have the choice to revoke his marriage, his wife may be a slave or a free woman.2
(٣١٩٩) وَعَنِ ابْنِ عَبَّاسِ قَالَ كَانَ زَوْجُ بَرِيْرَةَ عَبْدًا أَسْوَدَ يُقَالُ لَهُ مُخِيُتْ كَأَنِّى انْظُرُ إِلَيْهِ يَطُوْفُ خَلْفَهَا فِ
سِكِّكِ الْمَدِيْنَةِ يَبْكِىِ وَدُمُوْ عُهُ تَسِيْلُ عَلَى لِحْيَتِهِ فَقَالَ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لِلْعَبَّاسِ يَا عَبَّاسُ أَلَا تَهُجُبُ
مِنْ حُتٍّ مُغِيْثٍ بَرِيْرَةً وَمِنْ بُغْضِ بَرِيرَةً مُغِيْئًا فَقَالَ النَّبِىُّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ لَوْ رَاجَمْتِيْهِ فَقَالَ يَا
تَسُولَ اللهِ تَأْمُرُ نِيْ قَالَ إِأَّمَا أَشْفَهُ قَالَتْ لَا حَاجَةَ لِى فِيهِ (رواه البخارى)
رضى narrated that the husband of Sayidah Barirah رضى الله عنه Sayyiduna Ibn Abbas .3199
1 Bukhari # 2536, Muslim # 8-1504, Tirmidhi # 12157, Abu Dawud # 2233, Nasai'i # 3449, Ibn Majah #
2073, Muwatta Maalik # 25 (Talaq) , Musnad Ahmad 6-42, Darami # 2289.
2 See Siratun Nabi Shibli Nu'man (Mutual Dealings Behaviour) v7 p 44.
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we an was a black slave, named Sayyiduna Mughith usd+). "It is as though I see him
still going round following her though her streets of Madinah weeping. Tears.
rolled down to his beard." The prophet صلى الله عليه وسلم said to Abbas رضى الله عنه , "O Abbas,
does it not astonish you how much Mughith loves Barirah and how much Barirah
dislikes Mughith?" The prophet صلى الله عليه وسلم exclaimed, "Would that you take him
back!" She asked, "O Messenger of Allah, do you command me (to do this) ?" He
said, "I only make a recommendation." She said, "I have no need of him."1
(She meant that she was not willing to live with him.)
COMMENTARY: Some traditions say that Mugith was a free man. In this case it would imply
that he was an ugly black man like a black slave. Or he was a slave who had been emancipated.
This hadith speaks of a few things:
(i)
A leader or ruler may make a recommendation for one of his subjects.
(ii)
It is not wajib (obligatory) to accede to the ruler's recommendation.
(iii)
The ruler has no right to call for an explanation from one who does not accept
his recommendation.
(iv)
It is allowed to separate from a person because of his ugly looks.
SECTION II
الفضلُ الثَّانِى
HUSBAND SHOULD BE SET FREE BEFORE WIFE
(٣٢٠٠) عَنْ عَائِشَةَ أَنَّمَا أَرَادَتْ أَكْ تُعْتِقَ مَمْلُؤْكَيْنٍ لَّهَا زَوْْ فَسَأَلَتِ الَِّيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَأَمَرَهَا
اْ تَبْدَأَ بِالرَّجُلِ قَبْلَ الْمَرْأَةِ - (رواه أبوداود والنسائى)
3200. Sayyidah Ayshah (+a +, reported that she intended to set free her two slaves
who were husband and wife. So she asked the Prophet صلى الله عليه وسلم about it and he
instruct ed her that she should begin with the man before the woman.2
COMMENTARY: If the female slave were set free before the male then she would have
had an option to separate from her husband. This is as stated in the previous commentary.
Generally, a man tolerates a slave girl as his wife but a woman seems uncomfortable with a
husband who is a slave.
FEMALE SLAVE WHO CHOOSES HER HUSBAND CANNOT REPUDIATE
MARRIAGE AFTER HER FREEDOM
(٣٢٠١) وَعَنْ عَائِشَةَ آَّ بَرِيرَةً عَتَقَتْ وَهِىَ عِنْدَ مُغِيْثٍ فَخَيََّهَا رَسُولُ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ وَقَالَ لَهَا
إِكْ قَرِبَكِ فَلَاخِيَارَ لَك۔(رواهابوداود)
3201. Sayyidah Ayshah رضى الله عنها narrated that Sayyidah Barirah رضى الله عنها was set free
صلى as his wife). Allah's Messenger) رضى الله عنه when she was with Sayyiduna Mughith
dujųde un offered her an option (to let her marriage stay or revoke it). But, he also said
to her, "If he has sexual intercourse with you, then you will no longer have an
option" (because that will suggest that you are pleased with him).3
1 Bukhari # 5383, Tirmidhi # 1155, Abu Dawud # 2231, Darimi # 2292, Musnad Ahmad 1-215.
2 Abu Dawud # 2237, Nasai'i # 3446, Ibn Majah # 2532.
3 Abu Dawud # 2236.

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COMMENTARY: The Hidayah states that if a female slave marries with the consent of her
master, or he gives her in marriage with her permission or without her permission and she
gets freedom later on then the option to retain or revoke her marriage rests with her,
whether her husband is a free man or a slave.
If she marries someone without her master's consent and later he sets her free, then upon
gaining freedom her marriage remains valid. She retains no option to repudiate her
marriage. The three imams say that if she has married a free man then after gaining
freedom she has no right to decide on her marriage.
Ibn Hamman als, said that the difference of opinion between Abu Hanifah alu, and the
three imams stems from the varying traditions about the husband of Sayyidah Barirah al+,
w.c. Both Bukhari and Muslim have the hadith of Sayyidah Ayshah queal +, that the husband
was a slave. But they also reproduce the hadith that he was a free man.
Similar traditions are found also in the four sun an, Trimdhi, Abu Dawud Nasa'i and Ibn
Majah. Tirmidhi ale>, has described the hadith as hasan sahih.
The three imams als, go by the first tradition while Abu Hanifahas a +, goes by the
second.
Mulla Ali Qari atu, has cited this saying of Ibn Hamman aus, in MIrqat in detail. We have
reproduced only a summary of it.1
CHAPTER - VIII
THE DOWER
بَابُ الصَّدَاقِ
As Sadaq (Jeft) is the dower. It is the recompense paid to the woman by her husband
against the right of wifehood. If a man decides at the time of marriage that he shall not pay
the dower, then the marriage will not be valid. However, it is not necessary to mention the
dower at the time of marriage, for it is not a condition, and the husband will have to pay
mahr mithl (or the proper dower) in this case.
THE AMOUNT: (divine law) has not defined any amount of dower as wajik (obligatory)
not has it mentioned its maximum limit. Rather, it has left it to the means of the husband. A.
man must determine it according to his ability to pay, However, the minimum limit of the
dower is specified lest husbands begin to pay very low sums of money towards dower.
According to the Hanafis the minimum dower is ten dirhams (or 30. 62 gram of silver). If
any one suggests a dower less than this then it would not be correct.
Imam Maalik als, holds that the lowest possible dower is one fourth dinar.
Imam Shafi'I alas, and Imam Ahmad say that whatever is priced - or eligible to be priced -
may be fixed as a dower.
DOWER OF THE PROPHET'S صلى الله عليه وسلم RESPECTED WIVES رضى الله عنها AND
DAUGHTER رضى العنها: Apart from Sayyidah Umm Habibah رضى الله عنها among the wives of the
Prophet صلى الله عليه وسلم and Sayyidah Fatimah رضى الله عنها among his daughters, the dower of all
the rest of them was five hundred dirham's equivalent silver weighing 1 to 10 gram and
530 grams. The present value is about rupees nine hundred and eighteen only.
1 Hidayah (commentary on Islamic Laws) v1 pp 108-109 Dar ul Isha'at Karachi.

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The dower of Sayyidah Umm Habibah Que a +, was four thousand dirhams or four
hundred dinars. It is equivalent to 12 Kilograms and twenty grams of silver. Its current
value is Rs.7348.
The dower of Sayyidah Fatimah Que a +, was about one kilogram and seven hundred and
fifty grams silver. The current value of it is about Rs. 1050.
(This valuation is not correct in the current times The value keep fluctuating. So, current
value of silver must be calculated.) (Asghar - meem)
SECTION I
MINIMUM AMOUNT OF DOWER
الفضلالآۉَلْ
(٣٢٠٢) وَعَنْ سَهْلِ بْنِ سَعْدٍ آَكَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ جَاءَتْهُ إِمْرَأَةٌ فَقَالَتْ يَا رَسُولَ اللّهِاِنِّ
وَهَبْتُ نَفْسِيْ لَكَ فَقَامَتْ طَوِيْلًا فَقَامَ رَجُلْ فَقَالَ يَا رَسُولَ اللَّهِزَ وِّجْنِهَا إِ لَمْ تَكُنُّلَكَ فِيْهَا حَاجَةٌ
فَقَّلَ هَلْ عِنْدَكَ مِنْ شَىءٍ تُقْدِقُهَا قَالَ مَا عِنْدِىٌ إِلَّ إِزَارِئُ هُذَا قَالَ قَالْتَمِسُ وَلَوْ خَاتَّمًا مِنْ حَدِيدٍ
فَالْتَمَسَ فَلَمْ يَجِدُ شَيْئًا فَقَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ هَلْ مَعَكَ مِنَ الْقُرْآنِ شَبِئْ قَالَ نَعَمْ سُوْرَةُ
كَذَا وَسُوْرَةٌ كَذَا فَقَالَ قَدْزَوَجْتُكِهَا بِمَا مَعَكَ مِنَ الْقُرْآنٍ وَفِيْ رِوَايَةٍ قَالَ انْطَلِقْ فَقَدْزَ وَجْتُكَهَا فَعَلِّمُهَا
مِنَ الْقُرْآنِ - (متفق عليه)
3202. Sayyiduna Sahl ibn Sa'd رضى الله عنه narrated that a woman come to Allah's
Messenger صلى الله عليه وسلم (one day ) and said. "O Messenger of Allah, I present
myself as a gift to you." She stood there (after saying that) for a long time. But (He
did not give a response and while he was quit) a man stood up and submitted, "O
Messenger of Allah, marry her to me if you have no need for her." So, he asked,
"Have you anything to give for a dower?" He said, "I have this waist wrapper on
me and nothing else." He said, "(Go and) see if you can find something, even an
iron ring." He looked for something but could not find any thing. So, Allah's
Messenger صلى الله عليه وسلم asked him, "Have you any thing of the Quran with you (in
your memory) ?" He submitted, "Yes! Surah so and so and surah so and so." So, he
said "Indeed, I have given her to you in marriage for what is with you (in
memory) of the Quran.
According to another version: He said, "Gol Indeed, I have given her to you in
marriage, so teach her from the Quran."1
COMMENTARY: As long as he lived, whenever any woman offered herself to the
prophet صلى الله عليه وسلم and he accepted her gift, she became lawful to him. No dower was
wajib (obligatory) on him. This was neither permitted to any else not is it allowed now. It
was among the Prophet's صلى الله عليه وسلم peculiarities, being allowed to him exclusively. The
Quran confirms it:
وَأَهْرَ أَّ مُؤْمِنَةً إِنْ وَهَبَتْ نَّفْسَهَا لِلنَّبِيِّ إِنْ آَرَادَ النَّبِىُّ ◌َنْ يَسْتَنْكِحَهَا خَالِصَةٌ لَّكَ مِنْدُوْرِ
1 Bukhari # 5-135, Muslim # 76. 1425, Tirmidhi # 1116, Abu Dawud # 2111, Ibn Majah # 1889, Darimi
# 2201, Muwatta Maalik # 8 (Nikah (wedlock)) Musnad Ahmad 5-330.

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الْمُؤمِنينَ- (النساء ٣٣: ٥٠)
{and a believing woman, if she dedicates herself to the prophet provided the
prophet desires to wed her. This exclusively is for you only apart from the
believers} (33: 50)
According to Imam Shafi'I antes, a marriage without dower but only with the word (1,4)
(hibah, gift) was allowed only to the prophet ,, lean Lo. It is not permitted to anyone else.
The Hanafis contend that marriage with the word hibah is permitted to everyone, but it
was only for the Prophet Lylea do that dower was not wajib (obligatory). Thus, if a woman
offers herself to a man and he accepts her gift then their marriage will be correct but the
mahrmithl (proper dower) will be wajib (obligatory) on the man, though the woman does
not mention any dower or even offers herself without dosing a dower. So, the verse cited
(33: 50) means according to the Hanafis:
{This is exclusively for you without a dower being wajib (obligatory) on you}
AN IRON RING: This stipulation shows that any kind of property may be assigned as
dower, no matter how insignificant, provided both husband and wife agree to it. While
Imam Shafi'I al , and Imam Ahmad subscribe to t his edict, the ruling of Imam Abu
Hanifah als>, and Imam Maalik alto>, is mentioned at the beginning of this chapter. The
Hanafis rely on the hadith of Sayyiduna Jabir usdto, in Daraqutni:
قَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمُ لَا تَنْكِحُوا النِّسَاءَ إِلَّ الْإِكْفَاءَ وَلَّا يُزَوِجُهُنَّ إِلَّ الْآَوْلِيَاءَ وَلَّا مَهْرَ
دُوُنَّ عَشْرَةِ دَرَاهِمَـ
(Allah's Messenger صلى الله عليه وسلم said, "Woman be given away in marriage only to
their equals and their guardians must give them away in marriage, and a dower less
than ten dirhams is not reliable.")
This is further upheld by the hadith of Sayyiduna Ali aan +, in daraqutni and Bayhiqi:
لَا صَدَاقَ أَقَلُّ مِنْ عَشْرَةِ دَرَاهِمَ
(Dower less then ten dirhams is not valid).
The Hanafis say about this hadith of Sayyiduna Sahl we an>, that it is about mahr majjal
(prompt dower) because the Prophet , l & o used to give part of the dower
immediately before consummating his marriages to his respected wives Jus à +). This is
why he gave the same command to the man, "Bring whatever you find so that you may
give something at least to this woman after contracting the marriage, as a dower,
It is on this basis what some ulama (Scholars) have deduced that a husband must give to
his wife, after their marriage, but before having sexual intercourse, some of the dower.
Ibn Abbas رضى الله عنه Ibn Umar رضى الله عنه , Zuhri رحمه الله , and Qatadah رحمه الله , ruled on these lines
they pointed out that when Sayyiduna Ali رضى الله عنه married Sayyidah Fatimah رضى الله عنها , the
Prophet Lylea o did not let him go to her unless he had paid something to her out of the
dower. Sayyiduna Ali us », submitted, "O Messenger of Allah, I do not have anything
with me now." He said, "give her your armour." So he gave her his armour. Then, he went
to her and her dower was four hundred mithqal silver. The Prophet صلى الله عليه وسلم had
instructed him to give out of that an armour's worth. Hence, these people have ruled that,
·
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before consummating the marriage, it is wajib (obligatory) to pay the woman something out
of the specified dower. The Hanafis say that it is mustahab (desirable), not wajib (obligatory).
The concluding words of the hadith suggest that the prophet صلى الله عليه وسلم made 'teaching of
the Quran' as a dower. So, some imams regard it as permitted. But, Imam Abu Hanifah >,
à does not agree that it is allowed. He says about this kind of dower that the marriage will
be valid but mahr mithl (Proper dower) remains wajib (obligatory) on the husband (to pay to
his wife). He says about this hadith that the words 'for what is with you of the Quran do
not mean 'a dower' but their being Muslims - acceptance of Islam - was the reason of their
marriage. He did not specify that to serve as a dower.
"So teach her from the Quran." This command, too was not binding. Rather, it was a
recommendation. Hence, this cannot be cited as evidence that the prophet al , had
declared teaching the Quran to serve as a dower.
صلى الله عليه وسلم OF THE PROPHET رضى اله عنهن AMOUNT OF DOWERS OF THE WIVES
(٣٢٠٣) وَعَنْ آَبِيْ سَلَمَةَ قَالَ سَأَلْتُ عَائِشَةٌ كَمْ كَاتَ صَدّاقُ النَّبِيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَتْ كَانَ صَدَاقُه
لِأَ زْوَاجٍهُ ثِنَى عَشْرَةَ أَوْقِيَّةً وَتَشْ قَالَتْ آتَدْرِىٌ مَا لَنَّقُّ قُلْتُ لَّا قَالَتُ نِصْفُ أُوْقِيَّةٍ فَتِلْكَ خَمْسُمِائَةٍ
دِرُهٍَ - رَوَاهُ مُسْلِمْ وَنَشِّ بِالرَّفْعِ فِي شَرُحِ الكُنَّةِ وَفِي جَمِيْع الْأُصُولِ-
رضى الله narrated that he asked Sayyidah Ayshah رضى الله عنه Sayyiduna Abu Salamah .3203
(wives رضى الله عنه fixed (for his respected صلى الله عليه وسلم What dower had the Prophet" , عنها!
?" She said, "His dower to his wives was twelve ooqiyas and one nashsh." Then she
asked, "Do you know what a nashsh is?" He (Abu Salamah) cas +, said, "No!" She
said, "Half an ooqiyah and that makes it five hundred dirhams."1
Sharh us sunnah (Prophet's صلى الله عليه وسلم practice) and other sources have nashsh in
the nominative case.
COMMENTARY: Earlier in the chapter, we have spoken on the current weight and usage
of five hundred dirhams.
The Shafi'i go by this hadith to say that a dower of five hundred dirhams is mustahab (desirable).
It must be clarified here that Sayyidah Ayshah "que a >, has mentioned the dower of all
those of the Prophet's صلى الله عليه وسلم wives whose dower he had himself determined. As for
Sayyidah Umm Salamah usa+,, her dower was fixed by the emperor of Ethiopia.
SECTION II
الفصل الثانى
HEAVY DOWER DISALLOWED
(٣٢٠٤) عَنْ عُمَرَ بُنِ الْخُطَّابٍ قَالَ أَلَّا لَا تُغَالُوا صَدُقَةَ النِّسَاءِ فَإِنَّمَا لَوْ كَانَتْ مَكْرُمَةً فِي الدُّنْيَا وَتَّقُوَّى عِنْدَ
اللَّهِ لَّكَاتَ أَوْلَاكُمْ بِهَا تَبِىُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَا عَلِمْتُ رَسُولَ اللهِ صَلَى اللّهُ عَلَيْهِ وَسَلَّمْ نَكِّحَ شَيْئًّا
مِنْ نِسَائِهِ وَلَّا انْگَِّ شَهْئًا مِنْ بَنَاتِهِ عَلَى أَكْفَرَ مِنْ اثِنُنىْ عَشْرَةً أُوْقِيَةً- (رواه احمد والترمذى و ابوداؤد و
النسائى وابن ماجة والدارمى)
1 Muslim # 78-1426, Abu Dawud # 2105, Ibn Majah # 1886, Darimi # 2199.

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3204. Sayyiduna Umar ibn at Khattab us à+, said, "Beware! Do not be extravagant
in fixing dower of the women, If it were more honorable in this world and more
pious in Allah's sight, then the most qualified (among you) to do it was Allah's
Prophet صلى الله عليه وسلم . I do not know of Allah's Messenger صلى الله عليه وسلم marrying any of
his wives, or giving away any of his daughters in marriage for more then twelve
ooqiyas (as dower)."1
COMMENTARY: the word taqwa (piety) (piety) implies a greater degree of taqwa (piety).
Allah says:
إِثَّ أَكْرَ مَكُمْ عِنْدَ اللهِ الْقُكُمْ
{Surely the noblest among you in the sight of Allah is the most pious of you.} (49: 13)
Taqwa (piety) entitles one to be distinguished in Allah's sight.
A heavy dower is not a means of raising one in honour in this world. Rather, it also does
not raise one in the sight of Allah. If that is so then why must one indulge in that which
bears no fruit? :
.صلى الله عليه وسلم of the Prophet رضى الله عنه There are three tradjtions about the dower of the wives
On the face of it, they contradict each other. We have seen the tradition of Sayyidah Ayshah
Que &n +) (# 3202) and part from this one under discussion we shall see Sayyidah Umm
Habibah's us & b, hadith (# 3208) which is an exception, for, the Negus of Ethiopia had
-صلی اللهعليه وسلم fixed her dower as high as four thousand dinars out of respect for the Prophet
As for the versions of Sayyidah Ayshah رضى الله عنها and Sayyiduna Umar رضى الله عنه , even they
are not contradictory Sayyidah Ayshah Que an ) was precise and mentioned the half
ooqiyah too while Umar we also, only gave a round figure. It may also be that Sayyiduna
Umar usan », was not aware of the half ooqiyah or one nashsh.
It must be borne in mind that Sayyiduna Umar we a >, did not mean to say that there
cannot be dower higher than that. It is allowed to raise the dower above it.
BETTER TO PAY PART OF DOWER PROMPTLY
(٣٢٠٥) وَعَنْ جَابِرٍ آَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ أَعْلَى فِى صَدَاقِ امْرَأَتِهِ مِلْأُ كَفَّيْهِ سَوِئْقًا
اوْتَمْرًّا فَقَدِ اسْتَحَلَّ- (رواهابوداؤد)
3205. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, "If a
man gives his wife (part of) the dower (as prompt payment) , say two handfuls of
flour or dates then he has made her lawful for himself."2
(٣٢٠٦) وَعَنْ عَامِرٍ بُنٍ رَبِيْعَةَ أَتَّ امْرَأَةً مِنْ بَنِى فَزَارَةً تَزَوَّجَتْ عَلَى تَعْلَيَّنِ فَقَالَ لَّهَا رَسُولُ اللَّهِ صَلَّى اللهُ
عَلَيْهِ وَسَلَّمَ أَرَضِيْتٍ مِنْ تَّفْسِكٍ وَمَالِكِ بِنَّعْلَيْنِ قَالَتْ نَعَمْ فَأَجَازَهـ (رواه الترمذى)
3206. . Sayyiduna Aamir ibn Rabi'ah narrated that a woman of Banu Fazarah
married against a dower of a pair of shoes. So, Allah's Messenger صلى الله عليه وسلم asked
1 Tirmidhi # 1100, Abu DAwud # 2106, Nasa'i # 3351, Ibn Majah # 1887, Darimi # 2200, Musnad
Ahmad 1-41.
2 Abu Dawud # 2110, Musnad Ahmad 3-355.

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her, "Are you leased, in spite of your wealth (and property) to give you person (in
marriage) against a pair of shoes?" She said, "Yes!" And, he gave her permission.1
COMMENTARY: This hadith may also be presumed to be about prompt dower. When the
woman agreed to marry against one pair of shoes, she become rightful to get the mahr
mithl (Or, proper dower). On being pleased with that she surrendered her right to get
more, So, the Prophet صلى الله عليه وسلم gave her permission.
This hadith is da'if (weak).
WHEN MAHR MITHL BECOMES WAJIB (OBLIGATORY) - ONE POSSIBILITY
(٣٢٠٧) وَعَنْ عَلْقَمَةً عَنِ بُنِ مَسْكُوُدٍ أَنَّهُ سُئِلَ عَنْ رَجُلٍ تَزَوََّ امْرَ أَنَّ وَلَمْ يَفْرِضُ لَّهَا شَيْئًا وَلَمْ يَدُخُلُ بِهَا حَتُّى
مَاتَ فَقَالَ ابْنُّ مَسْمُؤْدٍ لَهَا مِثْلُ صَدَاقِ نِسَائِهَا لَّا وَكُسَ وَلَا شَطَطَ وَعَلَيْهَا الْعِدَّةُ وَلَّهَا الْمِيْرَاتُ فَقَامَ مَعْقِلُ بُنُ
سِنَانٍ الْأَشْجَعِيُ فَقَالَ قَفِى رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فِى بِرُوَءَ بِئْتِ وَاشِقٍ امْرَأَةٍ مِنَّ بِمِثْلٍ مَا قَضَيْتَ
فَقَّرِءَ بِهَا ابْنُمَسْمُؤْدٍ- (رواه الترمذى و ابوداود والنسائى والدارمى)
3207. Sayyiduna Alqamah رحمهالله narrated from Sayyiduna Ibn Mas'ud رضى الله عنه that he
was asked about a man who married a woman but did not determine any dower for
her and died before consummating the marriage. (He took time to think over it and
decided through his personal deduction). He said, 'Her dower is like the dower of
the women of her family (meaning, her match) , neither less nor more. She will
observe the iddah (waiting period) as wajib (obligatory) and is entitled to (her share
of) inheritance." Thereupon, Maqil ibn Sinan al-Ashja'I got up and said, "Indeed,
Allah's Messenger , a Lo had decided the case of Birwa bint washiq a woman
among us, just as you have decided. So, Ibn Mas'ud wal +, was delighted with it.2
.
COMMENTARY: Allah has bestowed on Ibn Mas'ud aan +, wisdom, foresight and a vast
understanding of religion. He solved complex issues to be in agreement with the Quran
and hadith. He took one month to study this issue before giving his verdict which was in
conformity with what the Prophet ,le ane had decided in a similar case. So, İbn Mas'ud
u à », was deeply delighted on having given a correct judgement.
In this case, the opinion of Sayyiduna Ali us an >, and some other sahabah (Prophet's
Companions) ( à(+) was that because the marriage was not consummated, the woman
was not entitled to any dower but it was wajib (obligatory) on her to observe the iddah
(waiting period) and she deserved to get her share of inheritance, too.
Imam Shafi'I alu, gave verdicts. One of these concurred with that of Sayyiduna Ali sean+,
and the other with the decision of Sayyiduna Ibn Mas'ud as an >, with which Imam Abu
Hanifah alus, and Imam Ahmad alas, agreed.
WHAT IS MAHR MITHL: It is the same dower as of the women in her father's family
who are like her in age, beauty, wealth, time, intelligence, religion, virginity and woman
hood, knowledge, manner and habits.
1 Tirmidhi # 1115, Ibn Majah # 1888, Musnad Ahmad 3-455.
2 Tirmidhi # 1148, Abu Dawud # 2114, Nasa'i # 3521, Ibn Majah # 1891, Musnad Ahmad 4. 279,
Darimi # 2246.

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SECTION III
الْفَضْلُ الثَّالِثُ
PROPHET'S صلى الله عليه وسلم MARRIAGE WITH UMM HABIBAH رضى الله عنه & HER DOWER
(٣٢٠٨) عَنْ أُمِّ حَبِيْبَةً أَنَّمَا كَانَتْ تَحْتَ عَبْدِ اللَّهِ بُنِ جَحْشٍ فَمَاتَ بِأَرْضِ الْخُبْشَةِ فَزَوَّجَهَا النَّجَاشِىُّ النَِّيَّ
صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ وَأَمْهَرَهَا عَنْهُ أَرْبَعَةَ الَّافٍ وَفِيْ رَوَايَةٍ أَرْبَعَةَ الَّافِ دِرُهَرٍ وَبَعَثَ بِهَا إِلَى رَسُولِ اللُّهِ
صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَعَشَرُحُبِئْلِ ابْنِ حَسَنگ-(رواهابوداود والنسائى)
3208. Sayyidah Umm Habibah رضى الله عنها was married to Abdullah ibn Jahsh who died
صلى الله عليه وسلم in Ethiopia. So, the Negus gave her away in marriage to the Prophet
paying her a dower of four thousand on his behalf.
Another version has: four thousand dirhams.
Then he sent her to Allah's Messenger صلى الله عليهوسلم with Sayyiduna Shurhbil ibn Hasanah.
COMMENTARY: The first husband of Sayyidah Umm Habibah usan +, is given in all the
copies of Mishkat as Abdullah ibn Jahsh, but this is wrong. His name was Ubaydullah ibn
Jahsh. This is what is found in sunan Abu Dawud and other sources.
.رضى الله عنه was Ramlah رضى الله عنه The real name of Sayyidah Umm Habibah
She was the daughter of Abu Sufyan رضى الله عنه and sister of Mu'awiyah رضى الله عنه.She was
married first to Ubaydullah ibn Jahsh who had embraced Islam and had emigrated with
her to Ethiopia from Makkah. There, he apostated, giving up Islam for Christianity. He
died there. She remained a staunch Muslim.
The Prophet صلى الله عليه وسلم sent Amr ibn Umayyah Damri رضى الله عنه to the king of Ethiopia, the
Negus, whose name was Ashumah asking him to convey his proposal of marriage to
Sayyidah Umm Habibah & +). So, he sent his slave girl, Abrahah, to her with the proposal.
Sayyidah Umm Habibah رضى الله عنها accepted the proposal with great joy. She also sent
someone posthaste to Sayyiduna Khalid ibn Sa'eed, us à », her father's paternal cousin,
requesting him to act as her guardian for the marriage.
She also presented Abrahah a pair of clothing and a silver ring for bringing her the good,
auspicious news.
In the evening, the Negus invited Sayyiduan Ja'far ibn Abu Talib a +, and all the Muslims
who were in Ethiopia. When they were assembled, he deliverd the marriage sermon:
الْبُدُ لِلّهِ الْمَلِكِ الْقُدُّؤْسِ السَّلَامِ الْمُؤْمِنِ الْمُهَيْمِنِ الْعَزِيْزِ الْخِيَّارِ أَشْهَدُ أٌَ لَّا إِلهَ إِلَّ اللَّهُ وَ أَرَّ
مُحَتَّدًا عَبْدُهُ وَرَسُوُلُهُ أَرْسَلَهُ بِالْهُدَىُ وَدِيْنِ الْحُقِ لِيُظْهِرَ، عَلَى الذِيْنِ كُلِّه وَلَؤْ كُرِه الْمُشْرِكُونَ-
Then, he said:
"To proceed, Allah's Messenger صلى الله عليه وسلم has commanded me to conduct his marriage to
Umm Habibah bint Abu Sufyan. I have obeyed him and have fixed a dower of four
hundred dinars. I give the four hundred dinars, "placing them before these people."
After that Sayyiduna Khalid ibn Sa'eed رضى اله عنه delivered this sermon:
الْحُبْدُ لِلْهِ الْمَلِكِ الْقُدُّؤْسِِ السَّلَامِ الْمُؤْمِنِ الْمُهَيْمِنِ الْعَزِيْزِ الْجَبَّارِ أَشْهَدُ أَجْ لَّا إِلهَ إِلَّ اللّهُ وَ أَكّ
مُحَمَّدًا عَبْدُهُ وَرَسُولُهُ أَرْسَلَهُ بِالْهُدَى وَدِيْنِ الْحُقِّ لِيُظهِرَةِ عَلَى الدِّيْنِ كُلِّهِ وَلَوْكَرِه الْمُشْرِگُوْں۔

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Then he said:
"To proceed! I have obeyed Allah's Messenger , a . and I have married the
daughter of Abu Sufyan رضى الله عنه ,Umm Habibah رضى الله عنه , to the Prophet صلى الله عليه وسلم May
Allah bless it. (Ameen)
After this proposal and acceptance, the four hundred dinars of the dower were paid to
.رضى الله عنه Khalid ibn Sa'eed
The people prepared to depart as the marriage was contracted, but the Negus requested
عليه السلام practice) of the Prophet صلى الله عليه وسلم them to Stay on saying, "It is the sunnah (Prophet's
to serve a meal at a wedding." Then, he had food served to them after which they
dispersed to their homes.
This took place in 7AH. At this time the father of Sayyidah Umm Habiba Que a +) , Abu
.صلى اللهعليه وسلم Sufyan was (not a Muslim but) an idolater and a sworn enemy of the Prophet
Later he accepted Islam.1
EMBRACING ISLAM AFFIXES THE SEAL
(٣٢٠٩) وَعَنْ آَنَسٍ قَالَ تَزَوََّ أَبُوْ طَلْحَةً أُمَّ سُلَيٍْ فَكَانَ صَدَاقُ مَا بَيْنَهُمَا الْإِسْلَامُ أَسْلَمَتْ أُمُّـ
سُلَيٍْ قَبْلَ ابٍ طَلْحَةً فَخَطَبَهَا فَقَالَتْ إِنَّ قَدْ أَسْلَمْتُ فَإِنْ أَسْلَمْتَ تَكَّحْتُكَ فَأَسْلَمَ فَكَانَ
صَدَاقَ مَا بَيْنَهُمَا- (رواه نسائى)
3209. Sayyiduna Anas رضى اله عنه narrated that (Sayyiduna) Abu Talhah رضى الله عنه.married
(Sayyidah) Umm Sulaym Q al+). Islam was the dower between them. (Sayyidah)
Umm Sulaym رضى الله عنها embraced Islam before (Sayyiduna) Abu Talhah رضى الله عنه did.
Then he proposed to her and she said, "I have, indeed, embraced Islam. So, if you
submit to Islam. I shall marry you." Thus, he embraced Islam and submission to
Islam become the dower between them.2
COMMENTARY: Sayyidah Umm Sulaym we do, was the daughter of Milhan and mother
of Anas ibn Maalik رضى الله عنه .She had been married to Maalik ibn Nadr and Anas رضى الله عنه was
born to them, but Maalik did not embrace Islam and was killed as an idolater.
Afterwards Umm Sulaym embraced Islam. Abu Talhah was an idolater. He proposed
marriage and she was married to him.
The Hanafis says that they were married against a dower agreed between them but when she
married him in keeping with her promise when he embraced Islam, she waived her dower.
In other words, his submission to Islam was their reason to marry. It was not her dower.
However, other Imam take the hadith in its literal sense. They regard his Islam as the
dower arranged between them.
1 See also the Life of Prophet Muhammad صلى الله عليه وسلم , Ibn Kathir, pp 418-19 (Darul Isha'at Karachi).
2 Nasa'i # 3340.

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CHAPTER - IX
THE WALIMAH OR THE WEDDING FEAST
بَابُ الْوَلِيْمَةِ
Walimah is the food that is served at the wedding. The word comes from altiyam which
means 'getting together.' So, it is the banquet thrown when the spouses get together.
WALIMAH'S POSITION IN SHARI'AH (DIVINE LAW): Most ulama (Scholars) say
that wlimah is masnun, but some call it mustahab (desirable) and yet other regard it as
wajib (obligatory).
TIME: They differ also on the proper time of the Walimah. Some ulama (Scholars) say that
the correct time for it is after consummation of marriage. Some of them put it with the
contract of the marriage. Another opinion is that it is served at both times - at the marriage
" and after the consummation.
Some ulama (Scholars) say that it is makruh (disapproved) to serve it for up to two days. The
most according to them is two days after marriage. Imam Maalik alu, contends that it is
mustahab (desirable) to serve it for one week.
However, the very correct thing is that it depends on the husband's means. If he serves
only once or for many days and at many times, then he may do it.
KINDS OF FEAST: It is stated in Majma ul Bihar that there are eight kinds of feast.
(i)
Walimah.
(ii)
(خرس) .Khars
(iii)
(اعذار) .I'dhar
(iv)
(وكيره) Wakirah
(v)
(نقيمة) Nagi'ah
(vi)
(وضيمة) Wadimah
(vii)
(عقيقة) .Agigah
(viii)
Madbah. (LsL)
The Walimah is at someone's marriage, Khars is to celebrate a birth. I'dhar is at a child's
circumcision. Wakirah is when one's house is built and ready to occupy. Nagi'ah is when a
traveller arrives. Wadimah is when one is in distress, so that it might be removed. Agigah is
when a child is named. And Madbah is any feast that is hosted without any motive.
All these kinds are mustahab (desirable) with the exception of Walimah which some people
call wajib (obligatory).
SECTION I
الفضل الآول
COMMAND TO SERVE WALIMAH
(٣٢١٠) وَعَنْ أَنَّسٍ أَكَّ النَّبِيَّ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ رَأْى عَلَى عَبْدِ الرَّحْمُنِ بنِ عَوْفٍ أَثَرَ صُفْرَةٍ فَقَالَ مَاهَذَا
قَالَ إِنَّ تَزَ وَّجُتُ امْرَ أَةٌّ عَلَى وَزٍْ تَوَاةٍ مِنْ ذَهَبٍ قَالَ بَارَكَ اللَّهُ لَّكَ أَوْلِمُ وَلَوْ بِشَاةٍ - (متفق عليه)
3210. Sayyiduna Anas رضى الله عنه narrated that the Prophet صلى اللهعليه وسلم observed a trace
of yellow (saffron) on (the clothing) of Abdur Rahman ibn Awf wàl +). so, he asked
him, "What is this?" He submitted, "I have married a woman for one nawah of
gold." He said, "May Allah bless you! Throw a wedding feast though it be only

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with a sheep."1
(Nawah also means date seed, so gold equivalent to the seed.)
COMMENTARY: The Prophet صلى الله عليه وسلم may have simply asked Sayyiduna Abdur
Rahman ibn Awf « a», the reason for the colour on him, or he may have questioned him
why he had applied it while men are disallowed to apply perfume. He explained that he
had not applied in intentionally but it may have dropped on him from his new bride.
Qadi al , said that while a nashsh is twenty dirhams and an ooqiyah forty dirhams
weight, so nawah is five dirhams in weight. Thus, her dower was five dirhams some
· authorities say that nawah means nawah tamr or seed of date and this seems more correct.
In this case, he may have given gold equivalent to the seed as dower.
"Though it be only a sheep could describe the bare minimum, but here it means 'even if it
casts too much. In those days, sheep could not be said to represent a minimum amount
because Muslims were not well-off. They faced dire poverty and observed the sunnah
(Prophet's صلى الله عليه وسلم practice) with parched barley meal or such other inexpensive things.
Moreover, even Abdur Rahman ibn Awf as a +, was not so with at that time as to be
expected to regard sheep as a minimum.
رضى الله عنه G RAND WALIMAH WHEN HE MARRIED ZAYNAB صلى الله عليه وسلم THE PROPHET'S
(٣٢١١) وَعَنْهُ قَالَ مَا أَوْلَمَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ عَلى أَحَدٍ مِنْ نِّسَائِهِ مَا أَوْلَمَ عَلَى زَيْنَبَ اَوْلَمَ
بِشَاةٍ - (متفق عليه)
3211. Sayyiduna Anas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم did not
host a Walimah for any of his wives as he did for Sayyidah Zaynab que a +). He
hosted the Walimah (for her marriage) with a sheep.2
COMMENTARY: The previous contention is proved that when sheep is served in a
Walimah it is a sumptuous feast and very expensive.
(٣٢١٢) وَعَنْهُ قَالَ أَوْلَمَ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ حِيْنَ بَى بِزَيْتَبَ بِنْتٍ جَحْشٍ فَأَشْبَةَ النَّاسَ خُبُرًّا
وَلُمَّا-(رواه البخارى)
3212. Sayyiduna Anas رضى الله عنه said that Allah's Messenger صلى الله عليه وسلم hosted a
Walimah after consummating his marriage with Sayyidah Zaynab bint jahsh. He
served bread and meat to the people to satiation point.3
EMANCIPATION AS DOWER FOR WOMAN
(٣٢١٣) وَعَنْهُ قَالَ إِثَّ رَسُوْلَ اللَّهِ صَلَى اللَّهُ عَلَيْهِ وَسَلَّمَ اَعْتَقَ صَفِيَّةً وَتَزَوَّجَهَا وَجَعَلَ عِنْقَهَا صَدًا اقْهَا وَ
أَوْلَمَ عَلَيُّهَا حَيُسٍ۔ (متفق عليه)
3213. Sayyiduna Anas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم set
1 Bukhari # 5148, Musilm # 79-1427, Tirmidhi # 1034, Abu Dawud # 2109, Ibn Majah # 1907, Darimi #
2204, Muwatta Maalik # 47 (Nikah (wedlock)) , Musnad Ahmad 3-205.
2 Bukhari # 5168, Muslim # 80-1428, Abu Dawud # 3743, Ibn Majah # 1908, Musnad Ahmad 3. 227.
3 Bukhari # 4794.

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Sayyidah Safiyyah que a +, free and (after that) he married her. He made her
freedom her dower. He also host ed a Walimah for her with hays. 1
(Hays is a mixture of dates, clarified butter and dried curd.)
COMMENTARY: Sayyidah Safiyah que &l+, was the daughter of Huyyay ibn Akhtab who
was the chief of the tribes of Khaybar, Banu Qurayzah and Banu Qurayzah and Banu Nadir
when the Muslim defeated the Jews and conquered Khaybar, she too was among the
captives, and was given to the prophet ,4,le ano as a female slave. He set her free and
married her so that she earned the highest honour of the world and religion.
IS IT ALLOWED TO REGARD FREEDOM AS A DOWER: There are different views
about whether freedom of a woman may serve as her dower. Some sahabah (Prophet's
Companions) (ano, and some ulama (Scholars) abide by this hadith and hold that a slave
girl's emancipation may be regarded to be her dower. However, another section of the
sahabah (Prophet's Companions) ,så», and ulama (Scholars) hold that it is disallowed to
do so. The Hanafis are among the latter. They say about this hadith that this is an
exceptional case, exclusive for the prophet صلى اللهعليه وسلم but not allowed to anyone else.
It is stated in Sharh Hidayah that if a man sets his female slave free on condition that
against her freedom she should marry him and she agrees to it (no dower being payable )
then setting her free would be correct. However, as for as her marriage is concerned, she is
at liberty. If she marries the man t hen it will be wajib (obligatory) to pay her mahr mithl (the
proper dower).
Hays is a sweet dish prepared from dates, clarified butter, cheese etc.
THE WALIMAH OF SAYYIDAH SAFIYAH (ca)>>
(٣٢١٤) وَعَنْهُ قَالَ أَقَامَ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بَيْنَّ خَيْبَرَوَ الْمَدِيْنَةِ ثَلاَثَ لَيَالٍ يُبْنِى عَلَيْهِ بِصَفِيَّةً فَدَعَوْتُ
الْمُسْلِمِيْنَ إِلَى وَلِيْمَتِهِ وَمَا كَانَ فِيْهَا مِنْ خُبٍْ وَلَّا لَخَيرٍ وَمَا كَانَ فِيْهَا إِلَّ أَنْ آَمَرَ بِالْأَنْظَاءِ فَبُسِطَتُ
فَأُلْقِي عَلَيْهَا التَّمْرُ وَالْإِقِطْ وَالسَّمْنُ- (رواه البخارى)
3214. Sayyiduna Anas رضى الله عنه said that the Prophet صلى الله عليه وسلم halted for three
nights between Khaybar and Madinah after his marriage with Sayyidah Safiyah (+)
& Anas we al+, invited the Muslims to his Walimah which had no bread and no
meat. He had some table spreads placed. Then dates, dried curd and clarified butter
were laid on them.2
COMMENTARY: The previous hadith had a word hays. This hadith mentions its ingredients.
THE WALIMAH OF ONE OF THE WIVES
(٣٢١٥) وَعَنْ صَفِيَّةً بِئْتٍ شَيْبَةً قَالَ أَوْلَمَ النَِّيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَلى بَعْضٍ نِسَائِهُ بِهُدَّيْنٍ مِنْ
شَحِدْرٍ - (رواه البخارى)
3215. Sayyidah Safiyah bint Sahaybah رضى الله عنها said that the Prophet صلى اللهعليه وسلم host
1 Bukhari # 5169, Muslim # 84-1365, Tirmidhi # 1115, Abu Dawud # 2054, Nasa'i # 3342, Ibn Majah #
1958, Musnad Ahmad 3-99.
2 Bukhari # 4213, Nasa'i # 3382, Musnad Ahmad 3-264.

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ed a Walimah for one of his wives (probably, Umm Salamah) s &n +, with two
mudds of barley.1
ACCEPT INVITATION TO FEAST
(٣٢١٦) وَعَنْ عَبْدِ اللَّهِ ابْنِ عُمَرَ آربّ رَسُوْلَ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ إِذَا دُعِىَ أَحَدُكُمُ إِلَى الْوَلِيْمَةِ
:
فَلْيَّاتِهَا- مُتَّفَقْ عَلَيْهِ وَفِيْ رَوَايَةٍ لِمُسْلٍِ فَلْيُجِبُ عُرُسًا كَانَ أَوْتَخُوَهُ (متفق عليه)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Umar .3216
, said, "When one of you is invited, to a Walimah, he must go to it."
According to another version in Muslim: "He must accept (the invitation) be it a
Walimah or another (feast) like it." 2
COMMENTARY: Another feast could be one of these to celebrate circumcision, aqiqah, etc.
Thus Walimah stands only for wedding feast.
Some people say that it is wajib (obligatory) to accept the invitation to a Walimah. If anyone
does not attend it without any excuse then he commits a sin in the light of the words of the
:صلى اللهعليه وسلم prophet
مَنْ تَرَكَ الدَّعْوَةَ فَقَدْ عَصَى اللَّهُ وَرَسُوْلَه
"He who rejects an invitation has indeed disobeyed Allah and his Messenger."
Some ulama (Scholars) say that it is not wajib (obligatory) to accept it, but mustahab
(desirable). Moreover, to accept an invitation is to attend it. As for having the meal, if he is
not fasting then it is mustahab (desirable) to eat.
As for other invitations besides Walimah, it is mustahab (desirable) to accept.
Teebi a , and Ibn Maalik als, hold that whether it is wajib (obligatory) or mustahab
(desirable), some reasons are there to reject or not attend it. They are:
(i)
The food is likely to be unlawful.
(ii)
Only the rich are invited,
(iii)
One of the invitees is likely to be harmful or is a disagreeable person.
Thus, if anyone does not accept an invitation in such cases, then it does not mater.
Also, if a person is invited only to flatter him, or to word off any possible harm from him,
or to earn a worldly favour from him, then this invitation must not be accepted.
Similarly, the invitation need not be accepted if prohibited things like wine are served there,
or dance and singing or such tings as disallowed by Shari'ah (divine law) are organized.
The foregoing also covers an invitation where silk is spread on the ground.
We must remember that most of the invitations today are not without the foregoing evils, if
not all then most of them.
Therefore, the Sufis say that azlah (or staying aloof or separated) is now lawful. Rather,
now a days isolation or seclusion is wajib (obligatory).
Hence, if a person exercises caution and prefers to be secluded not attending any gathering
or invitation, then it is better for him to practice seclusion.
1 Bukhari # 5172, Musnad Ahmad 6-113.
2 Bukhari # 5173, Muslm # 16-1429, Darimi # 2205, Muwatta Maalik # 49 (Nikah (wedlock)) Abu
Dawud # 3736, Ibn Majah # 1914, Musnad Ahmad 2-22.
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Vol.3
Translation & Commentary of MISHKATUL MASAABIH
319
(٣٢١٧) وَعَنْ جَابِرٍ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِذَا دُعِىَ أَحَدُكُمْ إِلَى طَعَامٍ فَلْيُجِبُ فَإِجْ شَاء
طَحِمَ وَإِنْ شَاء تَرَكَ (رواه مسلم)
3217. Sayyiduna Jabir رضى اللهعنه narrated that Allah's Messenger صلى الله عليه وسلم said, When
any of you is invited to a meal (of a wedding or like it) , he must go it to it. There, If
he likes, he may eat or if he likes, he may abstain"1
COMMENTARY: While accepting an invitation may be wajib (obligatory) or mustahab
(desirable) eating food there is mustahab (desirable) only and that too if one is not fasting.
Ibn Maalik at , said that the command to accept an invitation is of the kind of wajib
(obligatory) provided the invitee has no excuse. If he has an excuse then he may not go.
VERY BAD TO INVITE ONLY THE RICH
(٣٢١٨) وَعَنْ آبٍ هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ شَرُّ الَّعَامِ طَعَامُ الْوَلِيْمَةٍ يُدُعى لَّهَا
الَّأَغْنِيَاءُ وَيُتْرِكُ الْفُقَرَاءُوَ مَنْ تَرَكَ الدَّعْوَةَ فَقَدْ عَقَى اللَّهُ وَرَسُوْلَة - (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3218
said, "The worst (kind) of food is the meal at the Walimah to which the wealthy are
invited while the poor are ignored. If anyone skips an invitation (without an
excuse) then he disobeys Allah and His Messenger."2
COMMENTARY: This hadith does not mean that this is the only food of the worst kind.
Indeed, some may be worse than this food. Thus the words
شَُّ النَّاسَ مَنْ آَكَلَ وَحَدَه
"The worst of men is he who eats by himself.'
imply that this class is the worst. There can be many of them.
This hadith does not condemn Walimah itself but questions the one that is exclusive for the rich.
Those authorities who say that it is wajib (obligatory) to accept an invitation cite this hadith.
But, a majority of u lama hold that this hadith emphasizes it as a mustahab (desirable).
SERVING FOOD THE GATE CRASHER
(٣٢١٩) وَعَنْ أَبِيْ مَسْمُؤْدِنِ الْأَنْصَارِيِّ قَالَ كَاتَ رَجُلْ مِنَ الْأَنْصَارِ يُكُنِى آبَا شُعَيْبٍ كَانَ لَّهِ غُلَّمْ لَامٌ
فَقَالَ إِصْنَهُ لِيْ طَعَامًا يَكُفِي خَمْسَةٌ لَعَلّى أَدْعُو النَِّيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ خَّامِسَ خَمْسَةٍ فَصَنَّةَ لَّهُ مُعَيمًا ثُمَّ
آتَاهُ فَدَعَاهُ فَتَبِعَهُمْ رَجُلْ فَقَالَ النَّبِىُّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ يَا أَبَا شُعَيْبٍ إِثّ رَجُلًا تَبِعَنَا فَإِْ شِئْتَ
اَذِنْتَ لَهُ وَإِنْ شِئْتَ تَرَكْتَهُ قَالَ لَا بَلُ آذنُتُ لَه۔ (متفق عليه)
3219. Sayyiduna Abu Mas'ud Al-Ansari narrated that a man of the ansar whose
kunyah was Abu Shuayb had a slave (or servant or a young boy) who sold meat.
(one day) he said to him, "Prepare for me food that will suffice five people that
1 Muslim # 105-1430, Abu Dawud # 3140.
2 Bukhari # 5177, Muslim # 107-1432, Abu Dawud # 3742, Ibn Majah # 1913, Darimi # 2066, Muwatta
# 50 (Nikah (wedlock)) , Musnad Ahmad 2-241.