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the night anywhere other than her house.
A female slave is allowed to go out of the house to attend to her master's work.
The woman who observes the iddah (waiting period) must spend the days of her iddah
(waiting period) in the same house where she was residing at the time of annulment (of
marriage) , divorce or death of her husband. However, if she is forced to vaccate the house
or there is fear losing her property in that house or the house is likely to collapse, or she is
unable to pay the rent of the house - then, in these cases, it is allowed to spend the iddal
(waiting period) in another house.
There is no harm if husband and wife stay in he same house even of she is observing iddal
(waiting period) after talaq ba'in (irrevocable divorce), provided they are separated by a
screen. If the husband is a sinner and an unreliable man or the house is small, then the
woman may shift from the house, though it is preferable for the husband to move to
another house. If the two of them, when staying in the same house, keep a reliable woman
with them who is capable of keeping them apart then it is very good.
If husband and wife are travelling together and he divorces her during the journey (a talaq
ba'in or with three pronouncements of divorce) or he dies and her home town is at a
distance of less than three days journey which is called a Shari'ah (divine law) journey) ,
then she may return to her home town. However, if her place is at a distance of three day s
journey or more than that, but her destination (where they had intended to go when they
began their journey) is at a shorter distance then she must go to the destination instead of
going to her home town. In both these options, her guardian may or may not be with her.
The better course, in any case, would be for the woman, if she is in a city at the time of
divorce or widowhood, not to depart from it without spending her iddah (waiting period)
there. If she departs then it is imperative that she has a mahram with her.
However, the sahibayn, meaning Imam Abu Yusuf and Imam Muhammad als, contend
that if she has a mahram with her, then she may depart from there even before her iddal
(waiting period).
SECTION II
الفَضل الثَّانِى
NOT ALLOWED TO MOVE UNNECESSARILY DURING IDDAH (WAITING PERIOD)
(٣٣٣٢) وَعَنْ زَيْنَبَ بِنْتِ كَعْبٍ أَكَّ الْفُرَّيْعَةَ بِئْتِ مَالِكِ بْنِ سِنَانٍ وَهِىَ أُخْتُ أَبِيُ سَعِيْدِنِ الْخُدْرِيّ
أَجْهَ لُهَا أَّمَا جَاءَتُ إِلَى رَسُوْلِ اللّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ تَسْأَلُهُ أَنْ تَرْجِعَّ إِلَى أَهْلِهَا فِي بَنِى خُدُرَةً فَإِّ
زَّوْجَهَا خَرَبَ نِيْ طَلَبٍ أَعْبُدٍ لَهُ أَبْقُوْا فَقَتَلُوْهُ قَالَتْ فَسَأَلْتُ رَسُوْلَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنْ أَرْجِعَ إِلى
آَهْلِى فَإَِّ زَوْجِئْ لَمْ يَتْرُ كُنِ فِىْ مَنْزِلٍ يَمْلِكُهُ وَلَا نَفَقَّةٍ فَقَالَتْ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَّعَمْ
فَانْصَرَفْتُ حَتَّى إِذَا كُنْكُ فِى الْحُجُرَةِ أَوْ فِي الْمَسْجِدِ دَعَانِيْ فَقَالَ أُمْكِّشِئْ فِيْ بَيْتِكَ حَتَّى يَبْلُغَ الْكِتَّابُ اَجَلَهُ
قَالَتْ فَاعْتَدَدُتُّ فِيْهِ أَرْبَعَةَ أَشْهٍُ وَعَشْرًا- (رواه مالك والترمذى وابوداود والنسائي وابن ماجة والدارمى)
3332. Sayyidah Zaynab bint 4% à >, Ka'b reported that Sayyidah Fari'ah bint
Maalik ibn Sinan رضى الله عنها the sister of Abu Sa'eed Khudri رضى الله عنه informed her: I
went to Allah's Messenger صلى الله عليه وسلم to ask him whether I could return to my
family, the Banu Khudrah (to spend my iddah (waiting period) with them)
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because my husband had gone to search for his runaway slaves but they had
killed him. So, I asked Allah's Messenger صلى الله عليه وسلم if I may return to my folk,
for, my husband had not left me in a house belonging to him and he had not left
any sustenance. Allah's Messenger صلى الله عليه وسلم said, "Yes," So, I went back but
while I was yet in the courtyard of the room or the mosque, he called me back and
said, "Stay in your home till the prescribed period (iddah (waiting period)) is
over." So, I (obey his command and) observed the iddah (waiting period) in it for
four month and ten days.1
COMMENTARY: This hadith emphasizes that a woman observing the iddah (waiting period)
must not move from one house to another.
Shaykh us Sunnah (Prophet's صلى الله عليه وسلم practice) has it that the ulama (Scholars) differ on
whether it is necessary iddah (waiting period) after her husband's death to stay in the house
of her husband, or not.
Imam Shafi'I alu>, gave two verdicts, the more correct of which says that it is necessary for
her to stay in her husband's house.
Sayyiduna Umar رضى الله عنه Uthman رضى الله عنه ,Abdullah ibn Mas'ud رضى الله عنه and Abdullah ibn
Umar رضى الله عنه also held this opinion. They cite this very hadith. The Prophet صلى اللهعليه وسلم first
permitted Sayyidah Fari'ah y a+, to move to another house, but then he forbade her to
do so and commanded her to spend the iddah (waiting period) in her husband's house. In
other words, he abrogated his first approval.
The second verdict of Imam Shafi amdas, is that a woman who observes iddah (waiting period)
for the death of her husband need stay in the same house. Rather, she may spend the iddah
(waiting period) wherever she likes. This is also the opinion of Sayyiduna Ali us ant +). Ibn
Abbas رضى الله عنه and Sayyidah Ayshah رضى الله عنها. They rely on the permission that the prophet
The second revised command that.رضى الله عنها had first granted to Sayyidah Fari'ah صلى الله عليه وسلم
he gave was of the kind of recommendation.
The ruling of Imam Abu Hanifah ales, will be presented, insha Allah in the chapter on an-
Nafaqat in its Introduction (Chapter XVIII).
NO ADORNMENT DURING IDDAH (WAITING PERIOD)
(٣٣٣٣) وَعَنْ أُمِّ سَلَمَةً قَالَتْ دَخَلَ عَلَىَّ رَسُولُ اللهِ صَلَى اللهُ عَلَيْهِ وَسَلَّمَ حِيْنَ تُوُنَّى أَبُوْسَلَمَةَ وَقَّدُ جَعَلْتُ
عَلَّىَّ صَبِرًّا فَقَالَ مَا هَذَا يَا أُمَّ سَلَمَةَّ قُلْتُ إِنَّمَا هُوَ صَبِرْ لَيْسَ فِيْهِ طِيْبُ فَقَالَ إِنَّهُ يَشُبُّ الْوَجْهَ فَلَا تَّجْعَلِيْهِ إِلَّا.
بِاللَّيْلِ وَتَنْزَعِيْهِ بِالتَّهَارِ وَلَّا تَمْتَشِِ بِالطِيُبٍ وَلَا بِالْحِنَاءِ فَإِنَّهِ خِضَّابْ قُلْتُ بِآَيِّ شَىءٍ أَمْتَشِظُ يَا رَسُؤُلَ
اللهِ؟ قَالَ بِالسِّدْرِ تُغَلِّفِيْنَ پەرَاسَكِ-(رواه ابوداود والنسائى)
3333. Sayyidah Umm Salamah رضى الله عنها narrated: Allah's Messenger صلى الله عليه وسلم paid
me a visit when Abu Salamah can>> (my first husband) died. (I was observing the
iddah (waiting period).) I had applied on my ace (the juice of) aloes. He asked, "O
Umm Salamah, what is it?" I submitted, "It is only (juice of) aloes and it has no
1 Tirmidhi # 1204, Abu Dawud # 2300, Nasa'i # 3532 (or 3537) , Ibn Majah # 2031, Maalik Muwatta #
87 (Talaq) , Darimi # 2287.

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scent in it." He said, "But, it brightens the face, so (if you must, then) apply it at
night only and wipe it off at day time (because it gives an impression of adornment.
Do not comb yourself with scent or with henna, for it is a dye (of red colour)." I
submitted, "With what may I comb myself, O Messenger of Allah?" (How may I
clean my hair?" He said, "With lote-tree leaves and smear your head with them
generously (encasing them as though with a cover)."1
COMMENTARY: While the ulama (Scholars) are u nanimous that a woman observing
iddah (waiting period) is not allowed to use scented hair oil, they differ on the use of plain,
un perfumed oil, like olive oil and sesame seed.
Imam Abu Hanifah ales, and Imam Shafi'I als, disallow oil of all kinds, perfumed or not
perfumed. However, they relax the prohibition when it becomes absolutely necessary.
Imam Maalik ale, Imam Ahmad ales, and the Zawahir (or Zuhiris) hold that a woman
observing iddah (waiting period) is allowed to use un perfumed oil.
(٣٣٣٤) وَعَنْهَا عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ الْمُتَوَّنَى عَنْهَا زَوْجُهَا لَا تَلْبَسُ الْمُعَصْفَرَ مِنَ الثَّابِ وَلَّا
المُمَشَّقَةِ وَلَّا الْحُلِىَّ وَلَا تَخْتَضِبُ وَلَا تَكْتَحِلُ-(رواه ابوداود والنسائى)
3334. Sayyidah Umm Salamah رضى الله عنها narrated that the Prophet صلى الله عليه وسلم said,
"She whose husband has died must not wear garments dyed with saffron or red
ochre, nor may she wear jewellery, nor may she apply henna (on hand, feet and
hair) , and collyrium (in the eyes)."2
COMMENTARY: If a woman wears dark black or ash coloured clothing the there is no
harm in it. It is also allowed to wear garments dyed with saffron over a long period which
leaves no perfume. According to the HIdayah, if this woman (observing the iddah (waiting
period)) has some problem, like itches, lice, etc. then she is allowed to wear silk too.
SECTION III
الفَصلُ الثَّالِثُ
MORE ABOUT THE IDDAH (WAITING PERIOD) OF THE DIVORCED
(٣٣٣٥) عَنُ سُلَيْمَاكَ ابْنِ يَسَارٍ آْ الْأَخْوَصَ هَلَكَ بِالشَّامِ حِيْنَ دَخَلْتِ امْرَأْتُهُ فِي الدَّمِ مِنَ الْمُضَةِ
القَّالِئَةِ وَقَدْ كَانَ طَلَّقَهَا فَكْتَبَ مُعَاوِيَةُ بُنُّ الٍ سُفْيَاتَ إِلى زَيْدِ بْنِ ثَابِتٍ يَسْأَلُّهُ عَنْ ذَلِكَ فَكَتَبَ إِلَيْهِ
زَّيْدْ أَنَّهَا إِذَا دَخَلَتْ فِي الدَّمِ مِنَ الْخَيْصَّةِ الثَّالِئَةِ فَقَدْ بَرِئَتُ مِنْهُ وَبَرِئٍّ مِنْهَا لَا يَرِثُهَا وَلَّا تَرِثُّه- (رواه مالك)
3335. Sayyiduna Sulayman ibn Yasar رضى الله عنه narrated that Al-Ahwas رضى الله عنه died in
Syria and at (about) that time, his wife had begun her third menstrual discharge
after he had divorced her. So, Mu'awiyah ibn Abu Sufyan As a +, wrote and asked
Zayd ibn Thabit رضى الله عنه about that. Zayd رضى الله عنه wrote to him, "When she began her
third menstrual bleeding, she became free from him and he became free from her.
He will not inherit from her and she will not inherit from him."3
COMMENTARY: Sayyiduna Ahwas 4c àn», had divorced his wife who was observing her
1 Abu Dawud # 2305, Nasa'i # 3537, Muwatta Maalik # 108 (Talaq).
2 Abu Dawud # 2304, Nasa'i # 3535, Musnad Ahmad 6-302.
3 Muwatta Maalik # 56 (Talaq) - 29. 21-56.

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iddah (waiting period) after that. When her third menstrual period began, Ahwas ue an (+)
died and otherwise she ought to have observed the iddah (waiting period) for four months
and ten days on his death. So, Mu'awiyah san >> sought counsel from Zayd ibn Thabit (+)
wca on whether she would inherit from her husband or not.
Zayd As an, replied that when the third menstruation began, her relationship with him
terminated the moment the observed blood of her third period and she was liberated from
the restrictions of marriage. She was not liable to observe iddah (waiting period) on his death
because either her iddah (waiting period) on her divorce had been observed for most of its
period or the third (and final) menstruation had begun, and so her iddah (waiting period)
was presumed to be over. Hence, if the man alive, he would not have been her heir when
the iddah (waiting period) was over, so too when he has died, she cannot inherit him.
Mu'awiyah's رضى الله عنه intention was
(i)
either to know if the woman would inherit from Ahwas usd+, or not,
(ii)
or, to know if the woman should finish her iddah (waiting period) when her third
menses commenced or she was bound to begin her iddah (waiting period) for the
man's death
Mulla Ali Qari ales, cites Teebi ales, as saying that this hadith establishes the meaning of
(+)}) (Quru) in the verses (2: 228).
وَالْبُطَلَّقْتُ يَتَرَ بَصْنَ بِأَنْفُسِهِنَّ ثَلقَةً قُرُوءٍ-(البقرة ٢٢٨:٢٠)
{Divorced woman shall keep themselves waiting for three periods .... } (2: 228)
Teebi al war, says that Quru means 'purity' (In other words, he claims that the Shafi'l
interpretation is correct that the iddah (waiting period) of a divorced woman is not three
menstrual periods, but three purifications after menses.
However, the ruling given was by a sahabi, Zayd ibn Thabitual +). Moreover, his opinion
differs at another place when he says that the iddah (waiting period) of a female slave is two
menstruations.
Besides, it is also not known definitely whether Mu'awiyah wa+, abides by Zayd's ang+)
4º verdict, or not
The Hanafis say that the ruling (as per the verse) (os out) is three periods of menstruations).
The righteous caliphs and most of the sahabah (Prophet's Companions), an >, had the
same opinion. Thirteenof the sahabah (Prophet's Companions) , do, used to say that
unless a woman is not purified from the third menses, the man (her husband) has more
right over her. (Hence, the iddah (waiting period) is completed only after she purifies from
her third menses since she was divorced, and the relationship of the man with her snaps
completely.)
This establishes that (2),5) (quru) means menstruation.
Mulla Ali Qari has written about it in detail in his book (Mirqat). He has presented many
argument of the Hanafis.
THE IDDAH (WAITING PERIOD) OF THE DIVORCED
(٣٣٣٦) وَعَنْ سَعِيْدِ بْنِ الْمُسَيِّبٍ قَالَ قَالَ عُمَّرَ بُنُّ الْخُطَّابٍ أَيُّمَا امْرَأَةٍ طُلِّقَتْ فَحَاضَتْ حَيْضَةٌ اَوْحَضَتَيْنِ ثُمَّ
رُفِعَتُهَا حَيْضَّتُهَا فَإِنَّمَا تَنْتَظِرُ تِسْعَةٌ أَشْهٍُ فَإِنْ بَاتَ بِهَا حَمُلْ فَذَلِكَ وَإِلَّ اعْتَدَّتْ بَعْدَ التِّسْعَةِ الْأَشْهُرِ

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تَُّ حَلَّكُ - (رواه مالك)
3336. Sayyiduna Sa'eed ibn al-Musayyib Ac &n +, narrated that Sayyiduna Umar ibn al-
Khattab ucan+, said, "If a woman who is divorced experiences one or two menstrual
periods and after that stops menstruating then she must wait nine months. If it is
clear that she is pregnant, then the command is obvious (that iddah (waiting period)
would end with the birth of child). If not, she must observe an iddah (waiting period)
of three months after the nine months. Thereafter, she is free to marry."1
CHAPTER - XVII
ISTIBRA : LETTING A NEW ACQUIRED SLAVE WOMAN
PURIFY FROM ONE MENSTRUATION, OR BEAR A CHILD
بَابُ الْإِسْتِجْرَاءِ
In Shari'ah (divine law) istibra is 'the purification of the womb.' When a man receives a
female slave by purchasing her or through inheritance or gift, then he is forbidden to have
sexual intercourse with her, touch her, kiss her or do any such thing to her. This is
observed till her womb is known to be void of pregnancy. And, this is ascertained when
she gets one menstruation. Experiencing this menstruation is called istibra of the womb.
This definition will apply only when the woman gets menstruation.
If the woman does not experience menses then istibra is to let one month pass, or, if one is
pregnant then istibra is when she bears a child.
Istibra is necessary in all conditions. She may be a virgin, on may have bought her from a
woman or a man, or he may have received her as an inheritance from minor but intibra is
necessary in all these cases. ON the face of it an analogical analysis suggests that istibra
should not be necessary in these cases, because the wisdom behind it is that the womb
should be free of any one else's sperm so that it may not combine with the other man's
sperm and make the parentage doubtful. In all the foregoing cases, there is no possibility of
the sperm of any one else being in the womb.
However, analogy must be ignored against text (of hadith). This is done here.
The Prophet صلى الله عليه وسلم had said about the female slave taken captive in the Battle of
Awtas. "Beware! Do not have sexual intercourse with a pregnant slave woman till she
gives birth to her child. And, do not indulge in a sexual relationship with one who is not
pregnant till she gets one menstruation." Clearly, there will have been among the slave
women virgins and those like them, not liable to be carrying someone's sperm. This is why
analogy is ignored and in there (safe) case too istibra is made wajib (obligatory).
SECTION I
اَلَفَضْلُ الْأَوَّلُ
ACCURSED IS HE WHO FORGOES ISTIBRA & COHABITS WITH SLAVE GIRL
(٣٣٣٧) عَنْ أَبيِ الذَّرُدَاء قَالَ مَرَّ النَِّيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بِامْرَأَةٍ مُجِعٍ فَسَأَلَ عَنْهَا فَقَالُوا آَمَةٌ لِقُلَانٍ قَالَ
أَيْلِقُ بِهَا قَالُوْا نَعَمْ قَالَ لَقَدْ هَمَمْتُ أَنْ الْعَنَّهُ لَعَنَّا يَدْ خُلُ مَعَهُ فِيْ قَبْرِهِ كَيْفَ يَسْتَخْدِمُهُ وَهُوَ لَا يَحِلُّ لَهُ آَمُ
1 Muwatta Maalik # 70 (Talaq)

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گیُفَ يُوَرُِّهُ وَهُوَ لَا نُحِلُّلە(رواهمسلم)
3337. Sayyiduna Abu Ad-Darda رضى الله عنه narrated that the Prophet صلى اللهعليه وسلم passed
.
by a woman who was in a very advanced state of pregnancy. He asked about her
and they said to him that she was the female slave of a certain man. He asked,
"Does he have sexual intercourse with her?" They said, "Yes!" He said, "Indeed, I
had resolved to invoke on him a curse that would go with him inside his grave.
How will he get the child to serve him when it is not lawful to get him to serve him
(or make him a slave) ? Or, how will he make him on their when it is not lawful for
him (to make another's son an heir)?"1
COMMENTARY: The Prophet صلى الله عليه وسلم had intended to invoke a curse on that man
because he had sexual intercourse with a female slave whom he had acquired while she
was pregnant. He had dropped istibra though it is fard (compulsory).
When the female slave bears a child, there could be two possibilities.
(i)
The child would belong to the previous owner who had cohabited with her
and sold her. So he would make another's child his heir if he acknowledge his
parenthood. Or
(ii)
The child would belong to him and he might not accept him as his own and
make his own child his slave.
Making another's child one's heir is unlawful and deserves curse.
So, too, making one's own child a slave deserves curse.
Hence, istibra is very essential.
SECTION II
الفضلُ الغَانِى
ISTIBRA' SHOULD NOT BE IGNORED BEFORE APPROACHING SLAVEGIRL
(٣٣٣٨) عَنْ آَبٍ سَعِيْدِنِ الْخُدُرِيِّ رَفَعَهُ إِلَى النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ فِي سَبَايَا أَوْطَاسِ لَا تُوْطَأُحَامِلْ
حَتَّى تَضِمَ وَلَّا غَيْرُذَاتِ حَمْلٍ حَتَّى ◌َمُضَ حَيْضاً-(رواهاحمدوابوداؤد والدارمى)
3338. Sayyiduna Abu Sa'eed al-Khudri 4c +, narrated in a marfu manner that the
Prophet صلى الله عليه وسلم said about the (female) captives of (the battle of) Awtas, "Sexual
intercourse may not be had with a pregnant woman till she gives birth to a child and
not with one who is not pregnant till she has experienced one menstrual period."2
COMMENTARY: If a woman is not pregnant and also does not get menstruation, then
istibra in her case is to abstain from approaching her for one month.
If a female slave is acquired while she gets menstruation then this discharge will not be'
counted but the next complete menstruation will be reckoned.
According to this hadith, if a female slave goes to new owners then it makes istibra Wajib
(obligatory). All the four imams hold this contention.
Also, if a female captive is brought from enemy land and she is a disbeliever then her
previous marriage is annulled. This is an absolute ruling and applies even if their husbands
are not with them. This is to what Imam Shafi'I als, and Imam Maalik ales, subscribe, but
1. Muslim # 139-1441, Abu DAwud # 2156, Darimi # 2478, Musnad Ahmad 6-446.
2 Abu Dawud # 21`57, Musnad Ahmad 3-62.

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Imam Abu Hanifah ales, says that if both husband and wife are taken captives then their
marriage remains intact.
(٣٣٣٩) وَعَنُ رُوَيُفِعْ بُنِ ثَابِتٍ بِ الْأَنْصَارِيِّ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَوْمَ حُتَيْنٍ لَا يَحِلُّ
لِامْرِيٍ يُؤْمِنُ بِاللّهِ وَالْيَوْمِ الْآخِرِ آَ يَسْقِ مَاءَهُ زَرْءَ غَيْرِهِ يَعْنِى إِثْيَاتَ الحُبَالِى وَلَّا يَحِلُّ لِمْرِيٍ يُؤْمِنُ
بِاللّهِ وَالْيُؤْمِ الْآخِرِ أَنْ يَقََّّ عَلَى امْرَأَةٍ مِنَ التَّنِي حَتَّى يَسْتَبْرِ هَا وَلَا يَحِلُّ لِأَهْرِيٍ يُؤْمِنُ بِاللّهِ وَالْيُؤْمِ
الْآخِرِ آَنْ يَبِيُّعِ مَغْنَهَا حَتَّى يُقْسَمَ - رَوَاءُ أَبُوُدَا ودَ وَرَوَاهُ الِّرُمِذِىُّ إِلَى قَوْلِهِ زَرْءٌ غَيْرِه۔
صلى الله narrated that Allah's Messenger رضى الله عنه Sayyiduna Ruwayfi ibn Thabit .3339
Ale said on the day of Hunayn, "It is not lawful for a man who believes in
Allah and the Last Day to water another's form (meaning to have sexual
intercourse with a woman, who is pregnant with another man's sperm). It is not
lawful for a man who believes in Allah and the Last Day to have a sexual
intercourse with a captive woman (taken captive in battle with the disbelievers)
till she has had one menstruation (or till one month has passed and he has
observed the istibra). It is not lawful for a man who believes in Allah and the Last
Day to sell the booty till it is divided."1,
(Tirmidhi has it till 'to water another's form.')
SECTION III
الفَصلُ الثَّالِثُ
ISTIBRA' FOR FEMALE SLAVE WHO IS PREGNANT
(٣٣٤٠) عَنْ مَالِكٍ قَالَ بَلَغَنِى أَكَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ كَانَ يَأْمُرُ بِاسْتِبْرَاءِ الْإِمَاءِ مِيْفَةٍ
إِنْ كَانَتْ مِمَّنْ تَحِيُضُ وَثَلَاثَةٍ أَشْهُرٍ إِنْ كَانَتُ مِمَّنُ لَا تَحِيْضُ وَيَنْهَى عَنْ سَفيِ مَآءِ الْغَيْرِ-
صلى الله عليه وسلم reported that he learnt that Allah's Messenger رحمه الله Imam Maalik .3340
often commanded that istibra should be observed for female slaves (refraining from
sexual intercourse with them) till they had had a menstrual discharge if they were
among those who experienced menstruation, or till three months had passed if they
were among those who did not get menses. And, he often forbade that one should
water another's water (by mixing with it).2
COMMENTARY: The last words imply that istibra should be observed with a pregnant
female slave too. If one acquired a female slave who is pregnant, then sexual intercourse
should not be had with her till she gives birth to her child so that one's sperm does not
adulterate another man's that lies in her womb.
The ulama (Scholars) agree about a female slave who does not get menstruation, her istibra
is that sexual intercourse must be had with her not before she had been in one's possession
for one month or more. However, some people go by this hadith and say that her istibra is
to wait for three months or more before having sexual intercourse with her.
1 Tirmidhi # 1131, Abu Dawud # 2158, Musnad Ahmad 4-108.
2 Razin.

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IS ISTIBRA WAJIB (OBLIGATORY) FOR A VIRGIN
(٣٣٤١) وَعَنِ ابْنِ عُمَرَ أَنَّهُ قَالَ إِذَا وُهِبَتِ الْوَلِيْدَةُ الَّتِى تُوْطَأُ أَوْ بِيْعَتْ أَوْ أُعْتِقَتْ فَلْتَسْتَبْرِأُ رَحْمَهَا بِيْفَةٍ
وَلَّا تَسْتَبْرَءُ الْعَذْرَ اءُرَوَاهُمَا رَزِئُنْ۔
3341. Sayyiduna Ibn Umar we a +, said that when a slave girl with whom sexual
intercourse was possible, was given as a gift, or sold, or set free, she must observe
istibra (by waiting till she experiences one menstruation and clear her womb
thereby). However, a virgin need not observe an istibra (to cleanse her womb).1
COMMENTARY: Ibn Shurayh als, goes by this hadith and maintains that istibra is not
wajib (obligatory) with a virgin female slave. However, the majority of the ulama (Scholars)
say that istibra must be observe with her too, as a wajib (obligatory). The command that the
Prophet Ja,le ando had given at the Battle of Awtas about observing istibra with female
captives was absolute. The virgins were not excluded from that command.
IDDAH (WAITING PERIOD) OF UMM WALAD: The compiler of the Hidayah has
written that the umm Walad whose master has died or has set her free must observe an
iddah (waiting period) till she gets three menstruations. If she does not experience
menstruation then she must wait for three months.
Ibn Hamman als, said that this ruling applies if that umm walad is not pregnant, or
married to another man, or observes the iddah (waiting period) because of some other man. If
she is pregnant then her iddah (waiting period) is till she gives birth to a child. If she is
married to someone else or observes iddah (waiting period) because of another man then, in
these cases, no question arises of her sexual relationship with her master. So when he sets
her free or dies, iddah (waiting period) will not be wajib (obligatory) for her.
The Hanafis follow this ruling. Imam Shafi'I av, and Imam Maalik alus, contend that
in these cases (when her master sets her free or dies) , the iddah (waiting period) of the
Umm walad is till she gets one menstrual discharge. Of the Hanafis Imam Muhammad
agrees with them.
1 Razin.

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CHAPTER - XVIII
MAINTENANCE & RIGHTS OF THE
SLAVES (MALE OR FEMALE)
◌َابُ النَّفَقَاتِ وَحَقُّالْمَمْلُؤي
The word nafaqat (oua) is the plural of nafqah (wa) Nafqah is that which is spent. In the
terminology of Shari'ah (divine law), nafqah includes food, clothing, residence.
The plural form has been used in the caption because there are many kinds of nafqah, like
wife's nafqah, children's nafqah, parent's nafqah, and nafqah of r elatives Besides, it cover
its general senses, wajib (obligatory) or non-wajib (obligatory).
(The second portion of the caption: ) 'Rights of the slaves include food and clothing, and
not compelling them to do what is beyond their power and courage.
CONCERNING NAFQAH OF WIFE: The nafqah of the wife is wajib (obligatory) on the
husband. He must provide her food, clothing and residence. It is irrespective of whether he
is younger than her or older, whether she is a Muslim or an infidel. Whether she is an adult
or a minor with whom sexual intercourse is not possible.
However, nafqah is wajib (obligatory) on the husband provided the wife has submitted
herself to him in his house, or, though she has not given herself to his charge, yet there is
either a right of hers (that he refuses to give) or he himself does not ask her to submit
herself (to his charge) to him.
AS FRIENDS: It is proper that the husband must make his wife his intimate e friend. They
must live together in close intimacy and content themselves with whatever is easily
available to them. They must follow the custom of noble families whereby the husband
must work for a living and the wife must take care of the house. The husband must
provide the necessities according to his means. Then the wife must employ her skill to put
these things to optimum benefit for the family and associated people.
UNFRIENDLY: If the couple do not see eye to eye, the wife may approach the judge or
ruler to compel her husband to give her a regular allowance. He will order the husband to
provide her maintenance every month, clothing twice a year. These things will be handed
over to her respectively every month and every six months.
In the judge fixes a monthly allowance and the husband fails to pay every month and she
demands a daily allowance, then she may demand it every evening.
STATUS: As for the standard, it depends on their status. If they are well-off then a high
standard of maintenance is wajib (obligatory). If they are hard pressed then the maintenance
will be in keeping with their status. If one of them is well off and the other is hard-pressed
then an average kind of maintenance is payable - such as lesser than that for the well off
but more than that for the hard-pressed. However, some authorities maintain that in every
case, the husband's status will be the determining factor. Maintenance allowance will be
paid according to this status, irrespective of the position of the wife.
If the spouses disagree on the question of the husband's status then the wife may take the
case to the judge and present her wit nesses. . If he is convinced then he will judge the
husband's status as claimed by the wife. If she does not present witnesses, her petition will
be rejected.
SERVANT: If the wife has a servant for her and the husband is well-off, then he will

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provide maintenance to his wife and to her servant too. But, if he is not well off, then he is
not bound to give allowance to the servant too.
PROSPERS: If, after the judge fixes a maintenance allowance for the wife, the status of the
husband improves or worsens, then the judge will review that on a petition filed by either
of the spouses, and revise the allowance accordingly.
IDDAH (WAITING PERIOD): If a woman observes iddah (waiting period) after her
husband's death then she is not entitled to a maintenance.
DISOBEYS: So, too, if a woman disobeys her husband and goes away from his house
without his permission and for no reason whatsoever, then her maintenance is not wajib
(obligatory) on the husband.
OTHER REASONS: Maintenance is not wajib (obligatory) on the husband for his wife
if she is in prison for non-payment of a debt, or
if she is so sick after marriage that she has not been sent to her husband's house, or
if she is such a minor that sexual intercourse cannot be had with her, or
if she departs to perform Hajj (pilgrimage) without her husband.
HAJJ (PILGRIMAGE): If a wife is accompanied by her husband for the pilgrimage then
her maintenance at home is wajib (obligatory) on him. But the expenses of the journey and
passage are not wajib (obligatory) on him.
ILLNESS: If a man's wife was taken ill at her parent's house and was sent to his home in
that (ill) condition after their marriage, then her maintenance is not wajib (obligatory) on the
husband. However, if a wife falls ill at her husband's house then her maintenance is wajib
(obligatory) on him.
HOUSE: The husband must provide his wife a house suitable to live in keeping in view the
demands of Shari'ah (divine law) and his own means. The house must be for her alone and
his own folk or his wife's folk should not live there. If she herself wishes to live alongwith
then then he is not bound to get her a separate home.
If a husband house has many rooms and he gives his wife a separate room with its own
door and lock then that is enough. She has no right to ask for another room.
WIFE'S RELATIVES VISITING HER: The husband is within his rights to disallow his
wife's relatives from visiting her (even her son from a previous marriage). But, he has no
right to prevent her mahram relative to meet her and converse with her. He also has no
right to disallow her to visit her parents once in a month and to stop them from visiting her
once a month. (He may forbid mutual visits beyond once a week). He also has no right to
disallow her to visit her paternal relatives or them to visit her. Once a year. (He can prevent
their mutual visit beyond once a year.)
DIVORCEE: A divorced woman, in her iddah (waiting period) is entitled to claim from her
husband maintenance and residence whet ever the kind of divorce (raji, ba'in or
mughallazah) whether she is pregnant or not.
SEPARATIONS: Similarly, the husband is responsible for maintenance and lodging of a
woman who observes an iddal (waiting period) for separation (apart from divorce) brought
about because of a right of Shari'ah (divine law), but not because of disobedience, for
example, an umm walad or a mudabbarah who was married to a man and was set free, and
exercised her option to separate from her husband, or a minor who has been married to
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husband. In such cases, the woman is entitled to receive maintenance and lodging.
DISOBEDIENT:
If a woman observes an iddah (waiting period) after separation
brought about because of sin or disobedience, then her husband is not responsible for
her maintenance and lodging. For example, (we seek refuge in Allah) a woman
apostates, or commit indecency with her husband's son because of which she stands
forbidden to him by law, like having intercourse with him, touching him with lustful
desire or kissing him; - these things bring about a separation between husband and
.wife and she has to seclude herself in iddah (waiting period), and she is not entitled to
ask him for maintenance and lodging.
SIN DURING IDDAH (WAITING PERIOD): If a divorced woman who observes iddah
. (waiting period) and duly receives maintenance and lodging appostates while she is in iddah
(waiting period) then her right to maintenance and lodging ceases. And, if during her iddal
(waiting period), she commit indecency with her husband's son or father then she continues
to be eligible for maintenance and residence provided she was not divorced with a talaq
raj'I (revocable divorce) but with ba'in mughallazah (irrevocable).
MAINTENANCE OF CHILDREN: The expenses of minor children who have no personal
property are to be borne by their father even if he is poor. No one else will be liable to share
this responsibility with him.
SUCKLING: If a new born who has not been weaned and its mother is married to its father
but does not wish to suckle it and it does suckle another woman then its mother should not
be compelled to suckle her child. But, if the infant will not take another woman's milk, or
there is no other wet nurse, then the mother will be compelled to suckle her child.
MOTHER WILL NOT SUCKLE: If the mother declines to suckle her child and there is a
wet nurse willing to suckle the child then the father must hire her to suckle the child in the
presence of its mother. The wages of the wet nurse will be paid from the child's property, if
any, but if it has nothing of its own then the father will pay the wet nurse her wages
HIRING THE MOTHER: If the father hires the child's mother to suckle it and she is his
wife or undergoes iddah (waiting period) for a revocable divorce, then this is not allowed. If
she has been divorced irrevocably or absolutely then authorities differ on whether she may
be hired or not during her iddah (waiting period). However, on expiry of her iddah (waiting
period), it is allowed to hire the child's mother to suckle her. Rather, in this case, if she does
not demand higher wages than other woman, then she would be stupid.
HIRING WIFE: If a man hires his wife or (divorced wife) who is in her iddah (waiting
period) to suckle his child from his another wife then this hiring is allowed.
HELPLESS OFFSPRING: If a man' adult daughter is extremely poor and needy or an
adult son handicapped and invalid, then their father is responsible for the expenses on
them. "The edict is given in this way. However, some people say that the father is
responsible for two-thirds of their expenses and the mother for one-third of the expenses.
MAINTENANCE OF PARENTS: If one's ancestors (like, father, mother, grandfather,
grandmother, so on up the ladder) are poor than the children are responsible to maintain
them and bear their expenses provided they are affluent. Affluence stands for children
being sufficiently well-off so that they are not eligible to receive sadaqah (charity) and
zakah (Annual due charity). If both male and female offspring are well-off then the
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NEARNESS NOT INHERITANCE:
In regard to the maintenance of needy being wajib
(obligatory), the determining factor is nearness and wholeness but not line of inheritance.
For example, if the daughter and grandson (meaning, son's son) of a poor, needy man are
both rich, then maintaining him is wajib (obligatory) on his daughter though both of them
are entitled to inheritance. Or, if the granddaughter (meaning, daughter's daughter) and
brother of a needy man are rich, then his grand daughter (on his daughter's side) is bound
to maintain him though only his brother is deserving of his inheritance.
MAINTENANCE OF DHAWIL ARHAM:1 It is wajib (obligatory) on every rich man to
provide maintenance to all his mahram relatives on his mother's side provided this relative
is needy, or a minor, or a poor woman, or handicapped and helpless, or blind, or a student.
Or unable to make a living because of ignorance of stupidity. If the rich man does not
spend on these relatives then he must be forced to spend on these relatives then he must be
forced to spend on them.
The maintenance of these relatives on the mother's side is wajib (obligatory) according to the
amount of inheritance.
The meaning of these words 'according of amount of inheritance' is explained in this
example. If a man deserves to receive maintenance because of his need and poverty from
his relatives on his mother's side then he may be presumed to be dead, and his
inheritance be thought to have been distributed to these heirs (relatives on mother's side)
Now, whatever share of inheritance an heir is eligible to receive, he will contribute that
share towards his maintenance as wajib (obligatory) on him. For example, Zayd is a hard
passed, poor man. He has only three close relatives: one real sister, one stop sister and
one half sister. It is wajib (obligatory) on the three sisters to provide maintenance to Zayd.
They will contribute to it by dividing Zayd's total maintenance into five equal portions.
Then three fifths will be the responsibility of the real sister. One fifth will be due from the
step sister and one fifth from the half sister. This ratio of distribution of their
responsibilities is exactly how Zayd's inheritance would go to each one of them when he
dies (and if he leaves a legacy).
However, it is not necessary always to know the amount of inheritance receivable or
payable, What is necessary is to be eligible and deserving to receive or pay the inheritance.
Suppose that Zayd is poor and needy. He has a maternal uncle and a paternal uncle's son
(cousin) both of whom are rich. It will be wajib (obligatory) on his maternal uncle to provide
him his maintenance, not his cousin.
The maintenance of father's wife is wajib (obligatory) on his son. And the maintenance of the
daughter in law (son's wife) is wajib (obligatory) on her father in law, provided his son is a
minor or handicapped.
NOT RESPONSIBLE: A poor and incapacitated man is not responsible for anyone's
maintenance, whether parents or uterine relatives. However, it is always wajib (obligatory)
on him to provide maintenance to his wife and children.
DIFFERENT RELIGIONS: Maintenance is not wajib (obligatory) on each other if they are of
different religion. However, one's wife, parents ancestors and offspring down the line,
male or female, are excepted from this ruling and it is wajib (obligatory) to provide them
maintenance in spite of different of religion.
1 Cognate. Relatives on the mother's side.

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SON'S PROPERTY MAY BE SOLD: A handicapped or needy father may sell his son's
property to get his maintenance from him, but he is not allowed to sell his immovable
property, like land, gardens etc. However, he is not allowed to sell his son's movable
property too if the son is in debt.
A mother I not allowed to sell any kind of her son's property, movable or immovable.
Imam Abu Yusuf als, and Imam Muhammad alus, hold that even a father is not allowed
to sell his son's movable property.
MAINTENANCE OF MALE & FEMALE SLAVES: The master is bound to guarantee
complete expenses of his slaves. This is so whether his ownership is complete, as over a
slave completely subservient, or over a mudabbarah or an Umm walad, whether minor or
adults, whether handicapped or sound and healthy.
If a master refuses to bear the maintenance of his slaves then they are at liberty to work and
toil for their living. If they do not find a living. If they do not firfd a living then the judge
will order their maser to sell them to others.
If anyone buy some animals but does not feed them, then he cannot be compelled by law,to
sell them. However, a moral pressure can be built on him to either sell the animals or feed,
and look after, them.
SECTION I
اَلْفَضْلُ الْأَوَّلُ
MAINTENANCE OF WIFE & CHILDREN
(٣٣٤٢) عَنْ عَائِشَةَ قَالَتْ إِثَّ مِنْدًا بِنْتَ مُنْبَةَ قَالَتْ يَا رَسُولَ اللّهِثَّ أَبَّاسُفْيَانَ رَجُلْ شَحِمٌ وَلَيْسَ
يُعْطِيْنِ مَا يَكُفِيْنِيِّ وَوَلَدِئْ إِلَّ مَا آخَذُتُ مِنْهُ وَهُوَ لَا يَعْلَمُ فَقَالَ خُذِىٌ مَا يَكُفِيْكٍ وَوَلَدَكِ بِالْمَعْرُوفِ.
(متفق عليه)
رضى الله عنها narrated that (Sayyidah) Hind bint Utbah رضى الله عنها Sayyidah Ayshah .3342
said, "O Messenger of Allah, (my husband) Abu Sufyan is a miser. He does not give
me and my son enough (towards our needs) , except what I take from him .without
his knowing." (She meant to ask whether she could do that) He said, "You may take
from his money) what suffices you and your son and (as much as) is approved by
Shari'ah (divine law)."1
COMMENTARY: This hadith is evidence that it is wajib (obligatory) to provide maintenance
to the extent that it necessary.
Imam Nawawi ales, said that this hadith establishes that:
(i).
It is wajib (obligatory) on man to provide maintenance to his wife and (such)
minor children (who have no personal property).
(ii)
Maintenance should be to the extent of what is necessary.
(iii)
It is allowed to listen to a stranger woman while issuing an edict and enforcing
a command of Shari'ah (divine law).
(iv)
It is permitted to say something about another person which he may not be
pleased to hear, provided it is done to find out a solution or an edict.
(v)
If anyone has a monetary demand on another and he does not pay it, then the
1 Bukhari # 5364, Muslim # 7-1714, Abu Dawud # 2259, Ibn Majah # 2293.

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claimant is allowed to take from that person's property as much as equals his
demand without his permission.
(vi)
A wife is also responsible to spend on her children and support them from her
husband's property.
(vii)
A wife is allowed to go out of her house for her needs whether her husband
has given her express permission or she is aware of his willingness.
(viii)
A judge and a ruler may decide a case on the basis of their knowledge or
information, as we see that the prophet صلى الله عليه وسلم did not call for witnesses
but gave instructions on the basis his information.
SPEND ALLAH'S BOUNTY ON YOURSELF & YOUR FAMILY
(٣٣٤٣) وَعَنْ جَابِرٍ بُنِ سَمُرَةَ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِذَا أَعْلَى اللَّهُ أَحَدَكُمْ خَيْرًا فَلْيَبْدَأْ
بِنَفْسِه وَاهْلٍ بَيتِه۔(رواه مسلم)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Jabir ibn Samurah .3343
, said, "When Allah grants any of you the good things (wealthy and property or
prosperity), then he should spend it first on himself and his family" (before
spending on others according to their standing).1
OWNER IS RESPONSIBLE FOR SLAVE'S MAINTENANCE
(٣٣٤٤) وَعَنْ آنِيْ هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لِلْمَمْلُوْكِ طَعَامُهُ وَكِسُوَتُهُ وَلَّا يُكَلَّفُ مِنَ
الْعَمَلِ إِلَّ مَا يُطِيْقُ- (رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3344
said about the slave, 'for him is his food and his clothing. And he should be given
only such work as is within his capability."2
COMMENTARY: This hadith gives two instructions about slaves to their masters:
(i)
. They should be given food and clothing as per their requirement and custom.
(ii)
They should not be burdened with any task that is beyond them and liable to
harm them.
It is just as the True Master, Allah, has not burdened His creatures with anything that is
beyond their capabilities, so too the worldly master must care for their slave. They are
human beings like them.
Sayyiduna Ibn Abbas wein», has narrated in a marfu form that the master is responsible for
three things concerning his slaves.
(i)
When a slave is offering salah (prayer), he should not ask him to hurry up.
(ii)
When he is having his meal, he should not assign him any task.
(iii)
He should give him enough food to satiate him.
BE KIND TO SLAVES
(٣٣٤٥) وَعَنْ آَبِيُ ذَرٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِخْوَانُكُمْ جَعَلَهُمُ اللَّهُ تَحْتَ أَيْدِيْكُمْ فَمَنْ
1 Muslim # 10-1822.
2 Muslim # 41-1662, Musnad Ahmad 2-247, Muwatta Maalik # 40 (Isti'dhan)

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جَعَلَ اللَّهُ آَخَاهُ تَحْتَ يَدَيْهِ فَلْيُطْحِمُهُ مِمَّا يَأْكُلُ وَلْيُلْبِْهُ مِمَّا يَلْبَسُ وَلَا يُكَلِّفْهُ مِنَ الْعَمَلِ مَا يَغُلِبُهُ فَإِرْ كَّفَه
مَا يَغْلِبُهُ ذَلْيُعِنْهُ عَلَيْهِ۔ (متفق عليه)
3345. Sayyiduna Abu Dharr رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"They (the slaves) are your brothers. Allah has put them under your authority (to
try you). So, he whose brother Allah has placed under his authority must feed him
from what he himself eats and clothe him from what he wears. And he must not
·charge him with a work that is beyond his strength, but If he assigns to him a
(heavy) task that is out of his capability, then he must help him do it."1
COMMENTARY: Imam Nawawi als, said that the command to the master to feed and
clothe his slave as he eats and wears is of the nature of mustahab (desirable) not wajib
(obligatory). However, it is wajib (obligatory) on him to provide these things to him according
to custom and usage, whether it matches his own standard, is better than it or is of a lesser
degree. If the owner acts miserly himself, he should not cut on his slave's feeding and
clothing compared to usage.
As regards tasks that are not within a slave's ability, the master must help him out himself
or engage someone else to help him, pious, saintly men are known to have helped out their
slave girls or waids with the hand mill.
SIN TO WITHHOLD FOOD OF SLAVES
(٣٣٤٦) وَعَنْ عَبْدِ اللّهِ بْنِ عَمْرٍ و جَاءَهُ فَهْرَ مَانٌ لَه فَقَالَ لَهُ أَعْطَيْتَ الرَّقِيْقَ قُوْتَهُمُ قَالَ لَّا قَالَ فَانْطَلِقُ
فَأَعْطِهِمْ فَإِنَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ كَفَى بِالرَّجُلِ إِنَّمَّا أَنْ يَخْبِسَ عَمَّنُ يَمْلِكُ قُؤْتَهُ وَفِى
رِوَايَةٍ كَفَى بِالْمَرْءِ إِثْمًّا اَنْ يُفِيِّهَ مَنْ يَقُوتُ-(رواه مسلم)
3346. Sayyiduna Abdullah ibn Amr us &.+, narrated that when an overseer of his
(property) came to him, he asked him, "Have you given the slaves their food?" He
said, "No!" So, he instructed him to go and give it to them, for, Allah' Messenger
had emphasized, "Enough sin it is on a man to hold back from his صلى الله عليه وسلم
slave his food."
According to another version (he said: ) Enough sin it is for a man to destroy the
sustenance of those under his care (his family and slaves)."2
INVITE YOUR SERVANT TO JOIN YOU
(٣٣٤٧) وَعَنْ آبٍ هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِذَا صَنَّةٌ لِأَحَدِكُمْ خَادِمُهُ طَعَامَهُ ثَُّ جَاءَة
بِهِ وَقَدْ وَلِىّ حَرَّهُ وَدُخَانَهُ فَلْيُقْجِدُهُ مَعَدُ قَلْيَأْكُلُ فَإِنْ كَانَ الطَّعَامُ مَشْفُوْمًا قَلِيْلًا فَلْتَضَعُ فِ يَدِهِ مِنْهُ اُكْلَهُ
آوْ اُكْلَیْنٍ- (رواه مسلم)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3347
, said, "When the servant of one of you prepares food for him and brings it
1 Bukhari # 6050, Muslim # 38-1661, Tirmidhi # 1945, Abu Dawud # 5158, Musnad Ahmad 5-161.
2 Muslim # 40. 996, Abu Dawud # 1692, Musnad Ahmad 2-193.

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him, enduring its heat and smoke, he must make him sit with him and eat. If the
food is little and partakers are many, then he must put one or two mouthfuls of
it in his hand."1
COMMENTARY: No one must feel shy of eating with his servants. They too are human
being like him. There is wisdom in it too. The more the people together at meal, the more
the blessing in it, It is what one tradition suggests: "The best meal is one which many hands
partake."
The command in the hadith to invite the servant to the meal is of the mustahab. (desirable) kind.
DUAL REWARD FOR SLAVE
(٣٣٤٨) وَعَنُ عَبْدِ اللّهِ بْنِ عُمَرَ آَّ رَسُولَ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ إِّ الْعَبْدَ إِذَا نَصَحَ لِسَيِّدِهِ
وَأَحْسَنَ عِبَادَةَ اللّهِ فَلَهُ أَجْرُهُ مَرَّتَيْنٍ - (متفق عليه)
صلى الله عليه narrated that Allah's Messenger رضى اللهعنه Sayyiduna Abdullah ibn Umar .3348
said, "Surely the slave when he work whole heartedly for his master and
worships Allah devotedly, for him is a dual reward."2
COMMENTARY: The slave gets two reward because he is well-wishing to his master and
he worships Allah sincerely.
To work sincerely for ones master is also a form of worship of Allah, because it is being
obedient to Allah who has commanded that one must serve one's master.
It is like being obedient to one's parents is a form of worship. This is because Allah has
commanded us to obey and serve our parents.
Some authority interpret the hadith to mean that a slave gets a two-fold reward for all his deeds.
THE BEST THING FOR A SLAVE
(٣٣٤٩) وَعَنْ أَبِيْ هُرَيْرَةً قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ نِهِمَّا لِلْمَمْلُوْكِ أَنْ يَتَوَفَّاهُ اللهُ يُحُسْنِ
عِبَادَةِ رَبّه وَطَاعَةٍ سَێِّدٍونِحِمَّالَه۔ (متفقعليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3349
said, "What can be better for a slave than to be taken away by Allah (in death) while
worshipping his Lord well and obeying his master! It is excellent for him!"3
SALAH (PRAYER) OF RUNAWAY SLAVE IS NOT APPROVED
(٣٣٥٠) وَعَنُّ جَرِيْرٍ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِذَا أَبَقَ الْعَبْدُ لَمْ تُقْبَلُ لَهُ صَلَاةٌ وَفِي رِوَايَةٍ
عَنْهُ قَالَ أَيُّمَا عَبْدٍ آَبَقَّ فَقَّدُ بَرِئَتُ مِنْهُ الذِّمَّةُ وَفِي رِوَايَةٍ عَنْهُ قَالَ أَيُّمَا عَبْدٍ آبَقَّ مِنْ مَوَالِيْهِ فَقَدْ كَفَّرَ حَتَّى يَرُچَِ
إِلَيْهِمْ- (رواه مسلم)
1 Bukhari # 5460, Muslim # 42-1663 6Tirmidhi # 1860, Abu Dawud # 3846, Darimi # 2074, Musnad
Ahmad 2-409.
·2 Bukhari # 2546, Muslim # 43-1664, Abu Dawud # 5169, Muwatta Maalik # 43 (Ishidhan) Musnad
Ahmad 2-102.
3 Bukhari # 2549, Muslim # 46. 667, Musnad Ahmad 2-270.

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3350. Sayyiduna Jarir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"When a slave absconds, his salah (prayer) is not accepted from him."
According to another version from him: He said, "Responsibility is absolved in
regard to a run away slave."
Another version from him has; He said, "any slave who escapes from his masters
has indeed, disbelieved till he comes back to them."1
COMMENTARY: If the slave flees to enemy territory and apostates then he loses the
protection of Islam. It is permitted to kill him. But, if he stays in one of the Muslim localities
after running away from his masters and does not apostate then it is not allowed to kill
him. In this case, Islamic law will not protect him against punishment for fleeing.
As for the final version, he is said to have disbelieved, if he regards that running away is
lawful and is not sinful in the real sense. If he does not regard running away lawful, then it
means that he has approached do, or he has been ungrateful to his masters.
ACCUSING SLAVE FALSELY OF FORNICATION
(٣٣٥١) وَعَنْ آتِيْ هُرَيُرَةَ قَالَ سَمِعْتُ آبَا الْقَاسِمِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ يَقُوْلُ مَنْ قَذَفَ مَمْلُؤُكَّهُ وَهُوَ بَرِئُّ مِمَّا
قَالَ جُلِدَ يَوْمَ الْقِيَامَةِ إِلَّ آْ يَكُوْنَ كَمَا قَالَ- (متفق عليه)
صلى الله عليه narrated that he heard Abu Al-Qasim رضى الله عنه Sayyiduna Abu Hurayrah .3351
(the prophet) say, "If anyone accuses his slave of adultery while he is innocent
of what he says, them he will be awarded stripes on the day of resurrection, unless
he is as he said (in which case he will not be striped)."2
COMMENTARY: A slave also deserves as much respect as a free man .. Those people are very
foolish who unleash abuses on their subordinates and fear not the chastisement of the hereafter.
ATONEMENT FOR BEATING SLAVE UNNECESSARILY
(٣٣٥٢) وَعَنِ ابْنِ عُمَرَ قَالَ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَقُوْلُ مَنُ ضَرَبَ غُلَامَا لَهُ حَذَّا لَمْ يَأْتِهِ
أَوْ لَطَّمَهُ فَإِّ كَفَّارَتَهُ اَبُ يُعْتِقَّه (رواه مسلم)
صلى الله عليه narrated that he heard Allah's Messenger رضى الله عنه Sayyiduna Ibn Umar .3352
, say, "If anyone beats a slave for something that he had not done, or slaps him,
then the atonement for it is that he should set him free."3
COMMENTARY: As it is, to slap any one for no reason is forbidden. This hadith mentions
a slave particularly. If he is beaten unnecessarily then he must be set free as an expiation.
(٣٣٥٣) وَعَنْ آتِيْ مَسْمُؤْدِنِ الْآَنْصَارِيِّ قَالَ كُنْتُ أَضْرِبُ غُلَامًا لِيْ فَسَمِعْتُ مِنْ خَلْفِىْ صَوْتًّا إِعْلَمْ آبَا مَسْعُودٍ
لَلْهُ أَقْدَرُ عَلَيْكَ مِنْتَ عَلَيْهِ فَأْلتَّقَتُّ فَإِذَا هُوَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقُلْتُ يَا رَسُوْلَ اللَّهِ هُوَ حُرُّ
لِوَجْهِ اللَّهِ فَقَالَ أَمَا لَوْ لَمْ تَفْعَلُ لَلَفَحَتُكَ النَّارُ أَوْلَمَسَّتُكَ الثَّارُ - (رواه مسلم)
1 Muslim # 70. 124, Nasa'i # 4049, Musnad Ahmad 4-365.
2 Bukhari # 6858, Muslim # 37-1660, Abu Dawud # 3165, Tirmidhi # 1947, Musnad Ahmad 2-500.
3 Muslim # 30. 1657, Musnad Ahmad 2-61.

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3353. Sayyiduna Abu Mas'ud Al-Ansari us a+, narrated: (One day) I was beating
one of my slaves when I heard a voice behind me alerting me, "know, O Abu
Mas'ud! Allah has more power over you than you have over him." So, I turned
round, and behold! He was Allah's Messenger صلى الله عليه وسلم. I submitted, "0)
Messenger of Allah, he is free for Allah's sake." He said, "Had you not done it, the
fire (of hell) would have burned you." Or, (he said,) "the fire (of hell) would have
touched you."1
COMMENTARY: The implication is that he was committing a grave sin by beating his
slave. If he had not forgiven him (Abu Mas'ud) sano, and he had not set him free, then he
would have been consigned to hell.
Imam Nawawi رحمه الله said that by his words the Prophet صلى الله عليه وسلم teaches us to be kind to
our servants. The ruling is that if a slave is beaten it is not wajib (obligatory) to set him free.
Rather, it is mustahab (desirable) and that too with an expectation that the sin for beating the
slave unnecessarily should be atoned.
SECTION II
الفضلُ القَّانِى
FATHER HAS RIGHT OVER SON'S EARNINGS
(٣٣٥٤) وَعَنْ عَمْرٍو بْنِ شُعَيْبٍ عَنْ أَبِهِ عَنْ جَدِّهِ أَثَ رَجُلًا آَتَى النَّبِىَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَ إِثّ لِيُ
مَالَّا وَإِّ وَالِدِىٌ يَخْتَاجُ إِلى مَالِيْ قَالَ أَنْتَ وَمَا لُكَ لِوَ الِدِكَ إِنَّ أَوْلَادَكُمْ مِنْ أَظْيَبٍ كَسْبِكُمْ كُلُوْا مِنْ
گسپ اولادِ گؤُ۔(رواهابوداود وابن ماجة)
3354. Sayyiduna Amr ibn Shu'ayb a >, reported from his father who from his
grandfather that a man came to the Prophet صلى الله عليه وسلم and submitted, "I have
wealth and my father needs (from) my property." He said, "You and your property
are for your father. Your offspring are the best of your earnings. So, consume from
the earning of your offspring."2
COMMENTARY: It is wajib (obligatory) on the son to serve and obey his father. So, too,
it is wajib (obligatory) on him to spend his wealth on his father. A father is allowed to
spend his son's wealth.
It is wajib (obligatory) for a son to provide maintenance to his father.
It is also deduced from these ruling that if a father steals something from his son's
property, or has sexual intercourse with his slave woman, then he will not be awarded the
prescribed punishment.
Children are the most lawful earning of their father.
ORPHAN'S PROPERTY FOR GUARDIAN
(٣٣٥٥) وَ عَنْهُ عَنْ آَيِّهِ عَنْ جَدِّهٍ أَكَّ رَجُلًا آَتَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ إٍِّ فَقِيْرٌ لَّيْسَ لِيْ شَىْءٌ وَلَِ
يَتِيْ فَقَالَ كُلُ مِنْ مَالٍ يَتِيْمِتَ غَيْرَ مُسْرِفٍ وَلَّا مُبَادِرٍ وَلَّا متَأْتِلٍ-(رواه ابوداود والنسائى وابن ماجة)
3355. Sayyiduna Amr ibn Shu'ayb & , reported from his father from his
1 Muslim # 35-1659, Tirmidhi # 1948, Abu Dawud # 5159.
.2 Abu Dawud # 3530, Ibn Majah # 2292, Musnad Ahmad 2-214.

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grandfather that a man came to the Prophet صلى الله عليه وسلم and submitted, "I am poor
and have nothing of my own. I have under my care an orphan." (May I use his
wealth?) He said, "Eat from the property of your orphan, but do not be a profligate,
and do not be hasty in spending (before the need arises) , and do not hoard for
yourself (from it)."1
COMMENTARY: The prophet , il à o gave the man permission to consume an
orphan's property on three conditions as outlined in the hadith.
The hadith allows an orphan's guardian, if he is poor, to take from the orphan's property
what he needs. But, if he is well-off then he is not allowed to take anything from it.
This subject is also established from the Quran.
EMPHASIS ON RIGHTS OF SLAVES
(٠٣٣٥٦ ٣٣٥٧) وَعَنْ أُمِّ سَلَّمَةً عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَنَّهِ كَانَ يَقُولُ فِى مَرَضِهِ الصَّلاَةَ وَمَا مَلَّكَّتُ
آَيْمَانُكُمْ - رَوَاهُ الْبَيْمَقِىُّ فِى شُعَبِ الْإِيْمَانٍ وَرَوَى أَحْمَدُ وَأَبُوْدَاوُدَ عَنْ عَلِيٍّ ◌َخْوَه.
3356. Sayyidah Umm Salamah رضى الله عنها narrated that the prophet صلى اللهعليه وسلم used to
say during his illness (that led to his death), "The salah (prayer)!" (stick to it,) "And
your slaves!" (Give them their rights.)2
3357. Sayyiduna Ali رضى اللهعنه narrated that the like of it.3
COMMENTARY: The prophet ,lào placed stress on salah (prayer). It should not be
neglected or missed without a valid reason recognized by Shari'ah (divine law). It should
be offered correctly observing every little detail.
The slave should be given their rights. These include feeding and clothing them and being
kind to them.
Similarly, animals also must be given their rights.
The ulama (Scholars) say that, on the day of resurrection, the contention of the dhimmis
and animals will be more severe than the contention of the Muslims.
WARNING AGAINST MISTREATMENT OF SLAVES
(٣٣٥٨) وَعَنْ آَبِ بَكْرِنِ السَّدِّيْقِ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا يَدْخُلُ الْجَنََّ سَمِئُ الْمَلگّةِ.
(رواه الترمذى وابن ماجة)
صلی الله عليه وسلم narrated that the prophet رضى الله عنه Sayyiduna Abu Bakr As Siddiq .3358
said, "He who is wicked and unjust to his slaves will not enter paradise." (in the
beginning with those who are admitted directly).4
KIND TREATMENT TO SLAVES SPELLS PROSPERITY
(٣٣٥٩) وَعَنْ رَافِعِ بْنِ مَكِيْثٍ أَّ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ حُسْنُ الْمَلَكَّةِ يُمِنْ وَسُوْءِ الْخُلُقِ شُوْمٌــ
رَوَاءُ أَبُوُدَا ؤدَ وَلَمُ آرَفِيْ غَيْرِ الْمَصَابِيْحِ مَا زَادَ عَلَيْهِ فِيْهِ مِنْ قَوْلِهِ وَالشَّدَقَّةُ تَمْنَهُ مَيْتَةَ الشُّوْءِ وَالْبِرُّزِيَادَةٌ فِى الْعُمُرِ۔
1 Abu Dawud # 2872, Nasa'i # 3668, Ibn Majah # 2718.
2 Bayhaqi in Shu'ab ul Eeman # 8553, Ibn Majah # 1625.
3 Ibn Majah # 1625, Musnad Ahmad 6-290.
4 Tirmidhi # 1946, Ibn Majah # 3691, Musnad Ahmad 1-4.

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Translation & Commentary of MISHKATUL MASAABIH
Vol.3
3359. Sayyiduna Rafi ibn Makith رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said,
'kindness to slave spells prosperity. And, (conversely) a wicked nature spells disaster."1
(The compiler of Mishkat says: ) 'I have not seen the additional words to his saying
anywhere other than al-Masabih uiz. "And Sadaqah (charity) prevents an evil death
and piety lengthens life."
COMMENTARY: When a master is kind and good-natured to his slaves (and
subordinates) , mostly they reciprocate the gesture and are very loyal to him. This results in
prosperity and blessings.
If it is the other way about and the master is rude and harsh to them, they detest him and,
in the end, they do not hesitate to kill him and destroy his property.
An evil death could be a sudden death or a death when the dying person is not aware of
monotheism and the true One. He does not get a chance to give the rights of fellow
creatures and make amends for violation of rights of the creator by making a repentance.
Anyone's lifespan may be prolonged. Allah may have decreed a person's age to be a certain
number of years, but if he is pious then 'so many more years.'
But, apart from the literal meaning, 'lengthens life' could mean that it would bring
prosperity and blessing in life. Or, people would continue to remember him after his death.
As for the concluding remarks of the compiler of the Mishkat, Mirak als, has pointed out
that shaykh Jazri we an >, has also reproduced the hadith as in the Masabih and Imam
Ahmad al, too has transmitted the complete hadith.
SLAVE ADJURING BY ALLAH TO BE SPARED
(٣٣٦٠) وَعَنُّ أَبٍ سَعِيْدٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِذَا ضَرَبَ أَحَدُكُمْ خَادِمَة فَذَكَرَ اللَّهَفَارُفَهُوْا
أَيْدِيَّكُمُ - رَوَاهُ الرِّزْمِذِيُّ وَالْبَيْهَقِيُ فِى شُعَبِ الْإِئْمَانٍ لَكِنْ عِنْدَهُفَلْيُمْسِكُ بَدَلَ فَائِفَهُوا آَيْدِيَكُمُ۔
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Sa'eed .3360
said, "When any of you beats his servant and he remembers Allah, then take away.
your hand (from him, and stop beating him)."
But, Bayhaqi has : Yamasik instead of farfa'u aydikum (he must hold) instead of
(take away your hand) , the sense is identical.2
COMMENTARY: Teebi als, said that 'hold or take away your hand' applies when the
master beats him to discipline him. It does not apply when a prescribed punishment is
award ed as for consuming wine etc.
DO NOT SEPARATE CHILD FROM MOTHER
(٣٣٦١) وَعَنْ آَنٍ أَيُّوُبَ قَالَ سَمِعْتُ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَقُوُلُ مَنْ فَرَّقَ بَيْنَ وَالِدَةٍ وَوَلَدِهَا
فَرَّقَ اللَّهُ بَيْنَهُ وَبَيْنَ احِبَّتِهِ يَوْمَ الْقِيَامَةٍ- (رواه الترمذى والدارمى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Ayyub .3361
said, "If any separates a mother from her child then Allah will separate him from
his dear ones on the day of resurrection."3
1 Abu Dawud # 5162.
2 Tirmidhi # 1950, Bayhaqi in Shawbul Eeman.
3 Tirmidhi # 1253, Ibn Majah # 2479, Musnad Ahmad 5-413.