Indexed OCR Text

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said, "If what has been prescribed in Allah's Books was not there (before صلى الله عليه وسلم
us) , there would have been something else between us and her."1
COMMENTARY: This hadith tells us that the first person to observe li'an in Islam was
Hilal. The foregoing verses of the Qur'an (24: 6-9) were revealed. A detailed commentary
has preceded against the hadith of Sahl ibn Sa'd (# 3304).
The Prophet صلى الله عليه وسلم told both of them that indeed, Allah knows the liar. Some scholars
say that he spoke these words after they were over with li'an to caution and encourage
them to repent and retract their falsehood. Some others say that he spoken these words
before they set to observe li'an to warn them of the punishment awaiting the liar.
This hadith instructs the ruler not to judge on his personal whims, but to go by evidences.
FOUR WITNESSES TO ESTABLISH ADULTERY
(٣٣٠٨) وَعَنْ آَنِيْ هُرَيْرَةً قَالَ قَالَ سَعْدُبْنُ عُبَادَةً لَوْ وَجَدْتُ مَعَ أَهْلِى رَجُلًا لَمْ آَمَتَهُ حَتَّى أََّ بِاَرُّبَعَةٍ
شُهَدَآء؟ قَالَ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَّعَمْ قَالَ كُلَّا وَالَّذِى بَعَقَكَ بِالْحُقِّ إِنْ كُنْتُ لَّأُعَاجِلُه
بِالسَّيْفِ قَبْلَ ذَالِكَ قَالَ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ اسْمَهُوْا إِلى مَا يَقُوْلُ سَيِّدُ كُمْ إِنَّه لَغَيُوُرْ وَآَنَا
آَغَيِّرُ مِنْهُ وَاللّهُ آَغَيْرٌ مِتِى - (رواه مسلم)
3308. Sayyiduna Abu Hurayrah 4. An», narrated that Sayyiduna Sa'd ibn Ubadah
Were I to find a stranger with my wife is it" , صلى الله عليه وسلم (asked (the Prophet رضى الله عنه
that I must not touch him till I bring four witnesses? (I should not kill him?) "
Allah's Messenger صلى الله عليه وسلم said, "Yes." He said, "Certainly not! By him who has
sent you with the truth, I shall first hasten to him with the sward, before that."
Allah's Messenger صلى الله عليه وسلم said, "Listen to what your chief says. He certainly is
very conscious of his honour. But, I am more conscious of my honour that he is (of
his) and Allah is more conscious of His Honour than I am (of mine)."2
صلی الله عليه وسلم did not mean to disobey the Prophet رضى الله عنه COMMENTARY: Sayyiduna Sa'd
when he insisted that he would rather make short work of the intruder than fetch four
witnesses. He expressed his sentiments and anger if such a thing were to happen in his house.
Shari'ah (divine law), however, commands that one must first fetch four witnesses before
tackling the intruder and one's wife.
The Prophet's Lys,le ino words, "Listen to what your chief says" actually command Sa'd's.
,sense of honour. Pious people must possess it رضى الله عنه says" actually commend Sa'd رضى الله عنه
though it is necessary to prefer obedience to the command of Shari'ah (divine law).
The Prophet صلى الله عليه وسلم did not praise Sa'd رضى اله عنه but pointed out that he could not help
but utter what he had in his mind.
Mazhar رحمه الله said that Sayyiduna Sa'd رضى الله عنه meant that a man with a sense of honour
thought that he should be permitted to slay a stranger when he is found with his in a
.disagreeable manner. But, the prophet صلى الله عليه وسلم denied such permission in a very
persuasive manner. Then, Sa'd a+, did not say anything.
1 Bukhari # 4747, Abu Dawud # 2254, Ibn Majah # 2067, Musnad Ahmad 1-238, 239.
2 Muslim # 16. 1498.

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The word in the Arabic is (.je) (ghayrah). It is a change coming over a person's
internal condition on seeing something objectionable in the family. But this meaning
cannot be applied to Allah's ghayrah (8). His ghayrah is that He prevents His
creatures from committing sin so that they do not distance themselves from His (mercy
and) nearness and acceptance.
NO ONE HAS MORE GHAYRAH THAN ALLAH
(٣٣٠٩) وَعَنِ الْمُخِيُّرَةِ قَالَ قَالَ سَعُدُ بْنُ عُبَّادَةً لَوْ رَأَيْتُ رَجُلًا مَعَّ امْرَأَتِ لَضَرَبْتُه بِالتَّيْفِ غَيْرَ مُصْفِحٍ فَبَّغَ
ذُلِكَ رَسُوْلَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَ أَتَمْجُبُوْنَ مِنْ غَيْرَةِ سَعْدٍ وَاللَّهِ لَاَنَا آخَيْرًا مِنْهُ وَاللَّهُ أَغَيْرُ مِتِى
وَمِنْ أَجُلٍ غَيْرَةِ اللَّهِ حَرَّمَ اللَّهُ الْفَوَاحِشَ مَا ظَهَرَ مِنْهَا وَمَا بَطَنَ وَلَا آخَدْ أَحَبَّ إِلَيْهِ الْعُذْرُ مِنَ اللّهِ مِنْ آَجُلٍ
ذُلِكَ بَعَثَ الْمُنْذِرِيُنَّ وَالْمُبَشِّرِيْنَ وَلَّا أَحَدْ أَحَبَّ إِلَيْهِ الْمِدْحَةُ مِنَ اللهِ وَمِنُ أَجْلٍ ذلِكَ وَعَدَ اللَّهُ الْجِنَّةَ -
· (متفق عليه)
رضى الله عنه said that Sayyiduna Sa'd ibn Ubadah رضى الله عنه Sayyiduna Mughirah .3309
declared. "Where I to see a stranger with my wife, I would slay him with my sword,
not with the flat of it (but with its sharp edge)." This was conveyed to Allah's
Messenger صلى الله عليه وسلم and he asked (his sahabah) رضى الله عنه. "Are you surprised at the
jealously of Sa'd? By Allah, I am more jealous than he is and Allah is more jealous
.
than I am. It is because of His ghayrah that Allah has forbidden indecencies
whether open or secret. No one likes to be asked to be excused then Allah does
which is why He sent warners and givers of glad tidings. (They are the Messenger)
And, no one likes to be praised more than Allah does which is why Allah has
promised paradise."1
COMMENTARY: (The word ghayrah has been explained in he commentary on the
previous hadith # 3308) Allah prevents and has forbidden sin and indecency and has
prescribed punishment to any who perpetrates that.
The real meaning of ghayrah is that a person dislikes and gets angry when another person
encroaches on his property or intrudes into his affairs and domain.
The generally understood meaning of ghayrah is that a man gets provoked when another
man takes liberties with his wife or ogles at her. So. Allah's ghayrah is that he punishes one
who perpetrates sin.
Imam Nawawi al >, said about liking excuses, that it means 'liking to put an end to
excuses.' No one other than Allah likes to remove possibilities of excuses being presented.
So, He sent prophets and Messengers to the world. Thus, he may have provided every kind
of proof and evidence and people may have no plea against Him and no opportunity to
present excuses. This is as Allah says:
لِقَلَّا يَكُوْتَ عَلَى اللهِ حُبَجَّةٌ بَعْدَ الرُّسُلِ
{In order that mankind may have no excuse against Allah after (the coming of) the
Messengers} (4: 165)
1 Bukhari # 7416, Muslim # 17-1499, Darimi # 2227, Musnad Ahmad 4-248.

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No one likes praise to be made as Allah does. This is why Allah has praised himself and
also His dear creatures. And He has promised to admit to paradise those who praise Him
and obey Him.
ALLAH'S GHAYRAH DEMANDS THAT MANKIND COMMIT NO SIN
(٣٣١٠) وَعَنْ أَبٍ هُرَيْرَةَ قَالَ قَالَ رَسُوْلُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِّ اللهُ تَعَالى يُغَارُ وَإِّ الْمُؤْمِنَ
يُغَارُ وَغَيْرَةُ اللَّهِ أَنْ لَا يَاتِ الْمُؤْمِنُ مَا حَزَّمَ اللَّهُ- (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3310
said, "Surely, Allah, the Exalted, has ghayrah and the believers (too) possess
ghayrah. (It is Allah's attribute that is also found in the believers.) And, Allah's
ghayrah demands that a believer should not do what Allah has forbidden."1
DO NOT DISOWN CHILD ON SUPERFICIAL VARIATIONS
(٣٣١١) وَعَنْهُ أَثَّ أَعْرَابِيًّا أَتَى رَسُولَ اللّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ إِكَّ امْرَأَقِ وَلَّدَتْ غُلَامًا أَسْوَدَ وَانِى
أَنْكُرْتُ فَقَالَ لَه رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ هَلْ لَكَ مِنْ إِبِلٍ قَالَ نَعَمْ قَالَ فَمَا الْوَاقُهَا قَالَ حُمْرٌ قَالَ
هَلْ فِيْهَا مِنْ أَوْرَقٍ قَالَ إِّ فِيْهَا لَوُرُقًّا قَالَ فَأَتَّى تَزِى ذَلِكَ جَاءَ هَا قَالَ عِرْقُ نَزَعَهَا قَالَ فَلَعَلَّ هُذَا عِرْقٌ
نَزَعَهُ وَلَمْ يُرَخِّصُ لَهُ فِى الْإِنْتِفَاءِ مِنْهُ- (متفق عليه)
3311. Sayyiduna Abu Hurayrah ws à+, narrated that a villager came to Allah's
Messenger صلى الله عليه وسلم and said, "My wife has given birth to a son with a black
complexion. I disown him." So, Allah's Messenger صلى الله عليه وسلم asked him, "Do you
have camels?" He said, "Yes." He asked, "What colour are they?". He said, "Red!"
He asked, "Is there among them a leaf coloured one?" He confirmed, "There are
indeed among them some leaf coloured." He asked, "What do you say from where
have they come?" He explained. "Perhaps a vein resembled (or a strain, that had
come down)." He said, "Then, here too, there is a resemblance to an ancestor (Or, a
strain that had come down)." And, he did not permit him to disown the child.2
COMMENTARY: Teebi and, said that this hadith disallows any father to disown his child
on flimsy grounds. To do any such thing, one must have strong evidences, like a man may
not have had sexual intercourse wit h his wife, yet she conceived a child, or she delivered
child within six months of their having had a sexual intercourse. It is allowed to disown the
child in such cases.
CHILD IS NOT ATTRIBUTED TO FORNICATOR
(٣٣١٢) وَعَنْ عَائِشَةً قَالَتْ كَانَ عُتْبَةُ بْنُّ ابٍ وَقَّاصٍ عَهِدَ إِلَى آَخِيْهِ سَعْدِ بْنِ آَيْ وَقَّاصِ آَتَّ ابْنُ وَلِيْدَةٍ زَمُعَةً
مِنِّيَّ فَاقُبِضُهُ إِلَيْكَ فَلَمَّا كَانَ عَامُ الْفَتْحِ آَخَذَهُ سَعْدْ فَقَالَ إِنَّهُ ابْنُ آَخِى وَقَالَ عَبْدُ بُنُ زَمْعَةً آخِئْ فَتَسَاوَقًا إِلى
1 Bukhari # 5223, Muslim # 36-2761, Tirmidhi # 1168, Musnad Ahmad 2-343.
2 Bukhari # 7314, Muslim # 18-1500, Tirmidhi # 2135, Abu Dawud # 2260, Nasa'i # 3478, Ibn Majah #
2002, Musnad Ahmad 2-233.

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تَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَ سَعُدْيَا رَسُولَ اللَّهِإِّ أَخِيْ كَانَ عَهِدَ إِلَىَّ فِيْهِ وَقَّالَ عَبْدُ ابْنُ زَهُعَدَّ
اخِى وَابْنُ وَلِيْدَةَ آَبٍ وُرِدَ عَلَى فِرَاشِهِ فَقَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ هُوَ لَكَ يَا عَبْدَ ابْنَ زَمْعَةًّ اَلْوَلَّدُ "
لِلْفِرَاشِ وَ لِلْعَاهِرِ الْحُجَرُ ثُمَّ قَالَ بِسَوْدَةً بِئْتٍ زَّمْعَةً إِحْتَجِبِئٌ مِنْهُ لِمَا رَأْى مِنْ شِبْهِهِ بِمُتْبَةً فَهَا تَأُمَا حَتى لَقی
اللَّهُ وَفِيْ رِوَايَةٍ قَالَ هُوَ آَخُوْكَ يَا عَبْدُ ابْنُ زَمْعَةً مِنْ أَجْلِ أَنَّهُ وُلِدَ عَلَى فِرَاشِ آَبِهِ- (متفق عليه)
3312. Sayyidah Ayshah رضى الله عنها narrated that Utbah ibn Abu Waqas (a disbeliever)
instructed his brother Sayyiduna Sa'd ibn Abu Waqas As an +, that the son of the
slave girl of zamah was his, so he must take care of him. Sa'd « as », accordingly
took him in the year of conquest, saying that he was his brother's son, but Abd ibn
Zamah sàng+, claimed him as his brother. Both of them took their case to Allah's
Messenger صلى الله عليه وسلم .Sa'd رضى الله عنه pleaded, "O Messenger of Allah, my brother had
instructed me concerning him." And, Abd ibn Zamah رضى الله عنه pleaded, "He is my
brother and son of my father's female slave. He was born on his bed." So, Allah's
Messenger صلى الله عليه وسلم said, "He belongs to you, O Abd ibn Zam'ah The child is
attributed to the (owner of the) bed (on which it is born). And for the fornicator is
deprival (or stoning to death)." Then, he said to Sayyidah Sawdah bint Zam'ah,
"Veil yourself before him." Because of the resemblance to Utbah that he saw in
him. So, he never saw her till he met Allah (meaning till he died).
According to another version, the Prophet صلى الله عليه وسلم said, 'He is your brother, O
Abd ibn Zamah," because he was born on his father's bed.1
COMMENTARY: We must first introduce some people named in this hadith.
Utbah was the real brother of Sa'd ibn Abu Waqqas we d+). While Allah had guided Sa'd
Utbah could not find himself out of رضى الله عنه to Islam and he was a glorious sahabi، رضى الله عنه
labyrinth of disbelief and died an infidel. He was the wretched who had broken the teeth of
the Prophet صلى الله عليه وسلم during the battle of Uhud.
Zam'ah رضى الله عنه was the father of Sayyidah Sawdah رضى الله عنها and Abd رضى الله عنه was Zam'ah's
صلى الله عليه She was the wife of the Prophet . رضى الله عنها son, and real brother of Sayyidah Sawdah
.صلى اللهعليه وسلم She was the wife of the Prophet . وسلم
During the pre-Islamic days, the adulterer could claim that a child born through adultery
should be attributed to him. Accordingly, Utbah claimed percentage of the child, and
instructed his brother Sa'd to raise his son. However, the Prophet صلى اللهعليه وسلم ruled that the
child was Abd's brother who may raise him up. The fornicator gets nothing but stones. (A
.رضى الله عنه (comprehensive commentary precedes against hadith # 3073 of Abu Umamah
The Prophet صلى الله عليه وسلم instructed Sayyidah Sawdah رضى الله عنها the mother of the believers, to
observe the veil before the child of the female slave. Though according to Shari'ah (divine
law), he was her brother because his lineage is attributed to her father Zam'ah and Shariah
does not recognize resemblance, physiognomy and analogy, yet the boy had a similarity to
Utbah who had claimed to have sired him, so it was better to be on the safe side that she
should not meet him.
1 Bukhari # 2745, Muslim # 36-1457.

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The words of the second version at the conclusion: "because he was born on his father's
bed' are a narrator's words to explain the reason of the prophet's صلى الله عليه وسلم decision. It
:" means that he was conceived on his father's bed and when he was born the female slave
had belonged to Zam'ah. Also the child was born in his house.
IN PHYSIOGNOMY ACCEPTABLE
(٣٣١٣) وَعَنْهَا قَالَتْ دَخَلَ عَلَّ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ذَاتَ يَوْمٍ وَهُوَ مَسْرُ وُرْ فَقَالَ أَىْ عَائِشَةُ أَلَهُ
تَرَ أَّ مُجَزِّزَا الْبُدْلِقَّ دَخَلَ فَلَمَّا رَأى أُسَامَةً وَزَيْدًا وَعَلَيْهِمَا قَطِيْفَةٌ قَدْ غَقَلَيَا رُؤُؤْسَهُمَا وَبَدَتُ
أَقَدَامُهُمَا فَقَالَ إِثَّ هُذِهِ الْأَقْدَامَ بَعْضُهَا مِنْ بَعْضٍ۔ (متفق عليه)
صلى الله عليه وسلم narrated that one day Allah's Messenger رضى الله عنها Sayyidah Ayshah .3313
came home. He looked very pleased and asked. "O Ayshah do you not know that
Mujazziz al Mudliyi came (to the Masjid Nabawi). When he saw Usamah and Zayd,
who had a rug over them covering their heads but leaving their feet open, he
remarked, "These feet are like one another (of related men)."1
صلى الله عليه who was the prophet's رضى الله عنه COMMENTARY: Sayyiduna Zayd ibn Harithan
adopted son was very fair and handsome. His son, Sayyiduna Usamah, us à (+)
however, was black like his mother, Sayyidah Umm Ayman Que a ++, she was a female
slave, black complexioned. The hypocrites used to pick fault with Usmah's s algo,
lineage. The prophet yle à was very grieved with this attitude of the hypocrites.
Suddenly, this thing happened.
Mujazziz alMudliji was a noted physiognomist. He could tell about a person from his
creatures and trace his relationship. The Arabs relied on the readings of physionomists,
so that prophet was very pleased when he spoke of Zayd and Usamah giving a lie to
the hypocrites. He knew that they would no more dare to question relationship of
father and son.
However, it does not follow that Shari'ah (divine law) recognizes physiognomy nor is
lineage necessarily confirmed and verified through this art. Imam Abu Hanifah às das
contends according to this but Imam Shafi'I als, , Imam Maalik ales, and Imam Ahmad
antes, place reliance on the judgment and deduction of a physiognomist. They go so for as
to say that if a female slave is owned by two men together and bears a child whose
parentage both man claim then both of them should consult a physiognomist. They are
bound to accept his deduction.
According to Imam Abu Hanifah ale>,, the child will belong to both men eyes of Shari' ah
(divine law) though practically the child may belong to one of them, and the female slave
will be the Umm walad of both of them.
DISOWNING PARENTAGE
(٣٣١٤) وَعَنْ سَعْدٍ بُنِ آَبٍ وَقَّاصٍ وَآَبٍ بَكْرَةَ قَالَا قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنِ الذَّعِى إِلِى غَيْرِ آَيِئُهِ
وَهُوَ يَعْلَمُ فَالْجَنَّهُ عَلَيْهِ حَرَام - (متفق عليه)
1 Bukhari # 6771, Muslim # 38-1459.

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رضى الله عنه and Sayyiduna Abu Bakrah رضى الله عنه Sayyiduna Sa'd ibn Abu Waqqas .3314
narrated that Allah's Messenger صلى الله عليه وسلم said, "If anyone ascribes his parentage
to one other than his father, knowing that he is not his father, then paradise is
forbidden to him."1
COMMENTARY: If anyone intentionally relates his parentage to a man other than his
father to a man other than his father and does not regard it as wrong but believes that such
false description of lineage is lawful then he falls in the ambit of disbelief because he makes
lawful what is unlawful. If he lies in the limits of disbelief and dies as such then the gates of
paradise are shut on him for ever. But, if he does not regard what he is doing as lawful act
and knows it to be unlawful, then the gates of paradise will be shut on him till he has gone
through the punishment for his sin.
Or these words of the Prophet صلى الله عليه وسلم that paradise is forbidden to him are a reproof
meant to keep people away from this wrong.
(٣٣١٥) وَعَنُّ أَنِيْ هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا تَرْغَبُوْا عَنْ أَبَائِكُمْ فَمَنْ رَغِبَ عَنْ
اَيِّهِ فَقَّدُ كَفَرَ- (متفق عليه)
3315. Sayyiduna Abu Hurayrah narrated that Allah's Messenger narrated that
Allah's Messenger said, "Do not turn against your father's (by ascribing you
parentage to other man) , for, he who turns against his father, shows ingratitude
for blessings."2
COMMENTARY: It was a common ill during the jihiliyah (ignorance period) for people to
reject their own fathers and to call other men as their parents.
It is forbidden to do such a thing knowingly and if anyone does it and regards it as lawful
then he becomes a disbelievers. In this case concluding words of the hadith will be
translated litrally: 'he disbelieves.' If he does not regard what he does as permitted, then
the words would mean 'he does what resembles disbelief.' or 'he shows ingratitude ... '
وَقَدُ ذُكِرَ حَدِيْثُ عَائِشَةً مَا مِنْ آحَدٍ آغيرٌ مِنَ اللّهفى بابٍ صلوة الخُطُوْفِ
Indeed the hadith of Sayyidah Ayshah "No one is more displeased than Allah ... " has been
mentioned in the chapter on solar eclipse Hadith # 1483.
SECTION II
الفضل الآّانِی
HE WHO DISOWNS HIS CHILD WILL BE DEPRIVED OF ALLAH'S SIGHT
(٣٣١٦) وَعَنْ أَبٍ هُرَيُرَةَ أَنَّهِ سَمِعَ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُوْلُ لَمَا نَزَّلَتْ أَيَّةُّ الْمُلَّاعَنَةِ أَيُّمَا اهْرَأَةٍ أَدْخَلَتْ
عَلَى قَوْمٍ مَنْ لَيْسَ مِنْهُمْ فَلَيْسَتُ مِنَّ اللَّهِ فِي شَىْء وَلَنْ يُدْخِلَهَا اللّهُ جَنَّتَهُ وَ آتُّمَا رَجُلٍ جَحَدَ وَلَدَهُ وَهُوَ يَنْظُرُ إِلَّيْهِ
احْتَجَبَ اللهُ مِنْهُ وَفَضَحَدٍ عَلَى رُءُوسِ الْخُلَائِقِ فِي الْأَقَلِيْنَ وَالْآخِرِيْنِ - (رواه ابوداؤد والنسائى والدارمى)
صلى الله عليه narrated that he heard the Prophet رضى الله عنه Sayyiduna Abu Hurayrah .3316
say when trhe verse about li'an (or invoking curses) was revealed, "If a woman
brings to a people one who does not belong to them (by committing adultery and
1 Bukhari # 6756, Muslim # 63-1154, Ibn Majah # 2610, Musnad Ahmad 5-46.
2 Muslim # 13-62, Abu Dawud # 6768, Musnad Ahmad 2-526.

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attributing the child conceived to her husband) then she stands nowhere in Allah's
sight and Allah will not admit her to paradise. And, if any man disowns his child
(whom his wife bears) while it looks at him (and he knows that it belongs to him) ,
then Allah's will veil Himself from him and disgrace him in the presence of all
creatures, the first and the last (exposing his evil deeds to them)."1
COMMENTARY: The hadith says clearly that neither should a woman attribute an illicit
child to her husband nor should a man accuse her falsely of adultery.
PREFERABLE TO DIVORCE AN INDECENT WOMAN
(٣٣١٧) وَعَنِ ابْنِ عَبَّاسٍ قَالَ جَاء رَجُلْ إِلَى النَّبِيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ إِكّ لِيْ إِمْرَأَّةً لَا تَرُؤُ يَدَّ لَامٍِ
فَقَالَ النَّبِىُّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ طَلِقْهَا قَالَ إِّ أُحِبُّهَا قَالَ فَأَهْسِكُهَا إِذَّا - رَوَاءُ أَبُوْدَاؤدَ وَالنََّائِىُّ وَقَالَ
النَّسَائِىُّ رَفَعَهُ أَحَدُ الرَّوَاةِ إِلَى ابْنِ عَبَّاسِ وَأَحَدُ هُمْ لَمْ يَرْفَعُهُ قَالَ وَهذَا الْحُدِيْثُ لَيْسَ بِئَاپِتٍ-
صلى الله عليه narrated that a man come to the Prophet رضى الله عنه Sayyiduna Ibn Abbas .3317
submitted that he had a wife who never rejected a touch (meaning, advances by
men to comit evil). So, the Prophet صلى الله عليه وسلم said to him, "Divorce her," but he
submitted, "(How can I because) I love her." "Then", he said, "keep her." (And
restrain her.") Nasai said: one narrator traced it up to Ibn Abbas s & +, while
another did not, and that this his hadith is not well established.2
COMMENTARY: This hadith is evidence that a woman of bad character must be divorce.
However, if it is not easy to do that then it is allowed to keep her but she must be
restrained from committing evil. If she does not desist, and the husband is unwilling to
divorce her then he will be committing a sin.
CONFIRMING SOMEONE AS A FAMILY MEMBER
(٣٣١٨) وَعَنْ عَمْرِوبْنِ شُعَيْبٍ عَنْ آَيْءٍ عَنْ جَدِّمٍ أَرَّ النَّبِىَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَفَى أَّ كُلّ مُسْتَلْحَقٍ
اسْتُلُحِقَ بَعْدَ آَيْهِ الَّذِىُ يُدُغِى لَهُ إِذَّعَاهُ وَرَثَتُهُ فَقَضَى آَكَّ كُلَّ مَنْ كَانَ مِنْ آَمَةٍ يَمْلِكُهَا يَوْمَ أَصَابَهَا فَقَدْ لَحِقَ
بِمَنِ اسْتَلْحَقَهُ وَلَيْسَ لَهُ مِمَّا قُسِمَ قَبْلَهُ مِنَ الْمِيْرَاثِ شَىْ﴿ وَمَا آدُرَكَ مِنْ مِيْرَاتٍ لَمْ يُقْسَمُ فَلَهُ نَصِيْبُهُ وَلَا يُلْحِقُ
إِذَا كَاتَ أَبُوُهُ الَّذِىُ يُدُغِى لَهُ أَنْكَرَهُ فَإِْ كَانَ مِنْ آَمَةٍ لَمْ يَمْلِكُهَا أَوْ مِنْ حُرَّةٍ عَاهَرَ بِهَا فَإِنَّهُ لَا يَلْحَقُ وَلَا
يَرِثُ وَإِْ كَانَ الَّذِى يُدْغِى لَهُ هُوَ الَّذِى إِذَّعَاهُ فَهُوَ وَلَدُ زِنْيَةٍ مِنْ حُزَّةٍ كَانَ آۇامٍ-(رواه ابوداود)
3318. Sayyiduna Amr ibn Shu'ayb &w, narrated on the authority of his father from
his grandfather that the Prophet صلى الله عليه وسلم said about one whose lineage is
confirmed to a family after the death of his (her) father to whom he is attributed
and the (father's) heirs confirm him to be one of them, that if he is the child of a
female slave who was owned by the father on the day he had had intercourse with
her, then he is joined with those who call for his inclusion (and will have right of
1 Abu Dawud # 2263, Nasa'i # 3481, Ibn Majah # 2743, Darimi # 2238.
2 Abu Dawud # 2049, Nasa'i # 3464.

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inheritance with those only who include him).1
But he will get no share of the inheritance that has been divided beforehand. He
will, nevertheless, get his portion of inheritance that has not been divided till then.
However, if the father to whom he is attributed had disowned him (in his lifetime)
then he is not joined to the heirs (even if they seek to join him and he will not be
his heir). Again, if he is the child of a female slave whom the father had not owned
(but had committed adultery with someone else's female slave) , or (the child) of a
free woman with whom he had committed adultery, then he is not joined to the
heirs and will not inherit even if the man (meaning the father) to whom he is
attributed had claimed (paternity of) him, because he is a child of adultery whether
his mother was a free woman or a slave.2
COMMENTARY: Khattabi رحمه الله said that the Prophet صلى الله عليه وسلم had imposed these
command in early Islam. The female slave in those days were lewd and salacious. They had
illicit sexual relationship with different men and also their master, When they bore a child
there were many claimants to it. The prophet ,lean imposed these commands to put
an end to these bickerings.
The hadith may be explained by a example. Suppose that Zayd died. His heirs joined a boy
with him. Their claim would be accepted and the boy would be attributed to Zayd and he
will regarded as eligible to his portion of inheritance. However, this will be done only
(i)
if the boy was born to a female slave who has been owned by Zayd who must
have had a sexual intercourse in a legal manner. Or,
(ii)
if the boy was born to a free woman who was Zayd's wife, and,
(iii)
Zayd, too, may have confirmed during his life time, "This is my son."
Moreover, as stated in the hadith, the boy will have right of inheritance only with those
heirs who have made the claim to include him. If all of them have made this claim then he
-
will have the right of inheritance from all of the heirs. If only some had made the claim
then he will have the right from these some heirs.
Furthermore, the boy will have a share of inheritance only in what which has not been
distributed. He will have no share in that which has been divided before the claim to
include him.
On the contrary, if Zayd had disowned this boy during his life time and had said, "He is
not my son." Then even if the heirs agree to include him with them then too he will not be
eligible to join them and he will get no share of inheritance.
In the same way, if the boy was born to a female slave whom Zayd did not own (as in the
hadith # 3312 of Sayyidah Ayshash que a +, about the son of Zam'ah), or to a free woman
who was not Zayd's wife - meaning, he was born out wedlock because of Zayd's adultery
- then too he will not be included with Zayd's heirs and he will not be eligible to get any
part of Zayd's inheritance.
In fact, even if Zayd had, in his life, included him among his heirs as his son, then too he
will not be regarded as an heir because a child born out of wedlock is not recognized as a
fornicator's relative or included in his lineage and he cannot be a fornicator's heirs.
1 See commentary on this hadith for this portion.
2 Abu Dawud # 2265, Ibn Majah # 2746, Musnad Ahmad 2-219, Darimi # 3112.

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JEALOUSY & PRIDE
(٣٣١٩) وَعَنْ جَابِرِ بُنِ عَتِيْكٍ أََّ نَبِىَّ اللّهِ صَلَى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ مِنَّ الْغَيْرَةِ مَا يُحِبُّ اللّهُ وَمِنْهَا مَا
يُبْغِضُ اللّهُ فَمَّا الَِّ مُحِبُّهَا اللَّهُ قَالْغَيْرَةُ فِي الرِّيْبَةِ وَأَمَا الَّتِى يُبْغِضُّهَا اللّهُ قَالْغَيْرَةُ فِيْ غَيْرِ رِيْبَةٍ وَإِثَّ مِنَّ
الْخُلَاءِ مَا يُغِضُّ اللَّهُ وَمِنْهَا مَا يُحِبُّ اللّهُ قَمَّا الْخُلَاءِ الَّتِى يُحِبُ اللَّهُ فَاخْتِيَالُ الرَّجُلِ عِنْدَ الْقِتَالِ وَاخْتِيَالُهُ
عِنْدَ السَّدَقَةِ وَآَمَا الَّتِى يُبْخِضُ اللهُ فَاخْتِيَالُهُ فِي الْفَخْرِ وَفِي رِوَايَةٍ فِي الْبَغِي- (رواه احمد وابوداود والنسائى)
3319. Sayyiduna Jabir ibn Atik رضى الله عنه narrated that the Prophet صلى اللهعليه وسلم of Allah
said, "Of jealously (concerning one's wife and one's female slave) there is what
Allah loves and there is what Allah detests. As for the kind that He loves, it rises
about a matter of doubt. And, as for the one that Allah detests, it rises without a
cause of doubt. (The former is like when a husband sees his wife or female slave
with a stranger and the latter is when he does not see such a thing, but lets his
imagination run wild.)
Also, there is pride that Allah loves and pride that Ailah detests. As for the pride
that Allah loves it is a man's pride when he fights (in jihad against the infidel to
demonstrate his strength and courage) and man's pride when giving sadaqah
(charity) (for Allah's sake happily). And, as for the pride that Allah detests, it is
boasting (on one's lineage)."
According to another version:
(instead of 'boasting) 'it is oppression (and cruelty to others).'1
COMMENTARY: If a man goes on boasting on his high pedigree, Allah does not like it.
Allah likes excellence and superiority in only religion. He says:
إِّ أَكْرَ مَكُمُ عِنْدَ اللَّهِ آَتْقَاكُمْ
{Surely, the most honourable of you in the sight of Allah is the most reverential
(pious) of you) (49: 13)
.(فى الفخر) instead of (فى الفقر) PROUD POOR: In one copy of the Mishkat the words are
The pride that Allah does not like is the arrogance of the poor. He detests that a poor
man should be proud over his contentment, patience and trust in Allah. The ulama
(Scholars) say that this kind of pride is worse than the arrogance of the rich on his
wealth. However, a poor man's pride is disliked by Allah when it is displayed against
the poor people. But if it is shown to the rich, or the arrogant, then it is desirable
because this kind of pride is called sadaqh.
SECTION III
الفصلُ الثَّالِثُ
FORNICATOR HAS NO RIGHT TO THE CHILD
(٣٣٢٠) وَعَنْ عَمْرِوبْنِ شُعَيْبٍ عَنْ آَيْهِ عَنْ جَدِّهِ قَالَ قَامَ رَجُلْ فَقَالَ يَا رَسُولَ اللّهِإِثَ فُلَانًا ابْنِ عَاهَرْتُ
بِأُقِّهِ فِىِ الْجَاهِلِيَّةِ فِقَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا دِعُوَةً فِي الْإِسْلَامِ ذَهَبَ آَمْرُ الْجَاهِلِيَّةِ الْوَلَدُ
لِلْفِرَاشِ وَ لِلْعَاهِرِ الْحُجَرُ-(رواه ابوداؤد)
1 Abu Dawud # 2659, Nasa'i # 2558, Darimi # 2226, Musnad Ahmad 5-445.

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3320. Sayyiduna Amr ibn Shu'ayb reported from his father (Shu'ayb) ales, from his
grandfather (Abdullah ibn Amr) صلى الله عليه وسلم that a man stood up and said, '0
Messenger of Allah, so and so is my son. I did have illicit intercourse with his
mother during the jahiliyan." Allah's Messenger صلى الله عليه وسلم said, "There is no claim
in Islam for what has passed during the jahliyah. (That may have been a valid claim
in the pre-Islamic period but it is not recognised in Islam.) The child belongs to him
on whose bad it is born (or was conceived). And, for the fornicator is deprival or
stoning to death."1
COMMENTARY: The Sahib ul firash (A,ilw) owner of the bed refers to the husband or
master of the mother of the illicit child. When she bears a child, it is attributed to her
husband or master. If she is not married to anyone and is not anyone's slave, then the child
will be attributed to herself. The fornicator has no relation at all with the child.
LI'AN IS NOT OBSERVED WITH FOUR WOMEN
(٣٣٢١) وَعَنْهُ أَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ أَرْبَهُ مِنَ النِّسَاءِ لَا مُلَاعَنَةً بَيْتَهُنَّ النَّصْرَانِيَّةُ تَحُتَّ
الْمُسْلِمِ وَالْتَّهُوْدِيَّةُ تَحْتَ الْمُسْلِمِ وَالُرَّةُ تَحْتَ الْمَمْلُؤْتِ وَالْمَمْلُوْكَةُ تَحْتَ الْحُرِّ - (رواه ابن ماجة)
3321. Sayyiduna Amr ibn Shu'ayb aus, reported from his father from his grand
father (Abdullah ibn Amr) رضى الله عنه that the prophet صلى الله عليه وسلم said that there are
four kinds of women between whom (and their husbands) li'an is not observed.
(They are: ) a Christian woman who is married to a Muslim, a Jewess who is
married to a Muslim, a freewoman who is married to a slave and a slave woman
who is married to a freeman."2
COMMENTARY: If a husband accuses his wife of having had illicit sexual relationship
with another man and she is a Christian woman, a Jewess or a slave woman then li'an
cannot be observed between them. Similarly, if he is a slave and his wife is a freewoman,
li'an cannot be observed between them. The reason is that li'an is a testimony. So both
partners must be such that their testimony is recognized in Shari'ah (divine law). However
a male or female slave and a disbeliever are not of this category. Their testimony is not
reliable in Shari'ah (divine law).
PROPHET صلى الله عليه وسلم TRIED TO PUT OFF LI'AN
(٣٣٢٢) وَعَنِ ابْنِ عَبَّاسِ آَثَّ النَّبِىَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ آَمَرَ رَجُلًا حِيْنَ أَمَرَ الْمُتَلَا عِنَيْنِ أَنْ يَتَلَا عَنَا
أَكْ يَّضَغَ يَدَهُ عِنْدَ الْخَامِسَةٍ عَلَى فِيْهِ وَقَالَ إِنَّمَا مُوْجِبَةٌ - (رواه النسائى)
3322. Sayyiduna Ibn Abbas رضى الله عنه narrated that the Prophet صلى اللهعليه وسلم ordered two
people (husband and wife) to invoke curses on one another. Then he instructed a
man to put his hand on the mouth of the husband observing the li'an when he
would make the fifth testimony. He said, "It is what makes it wajib (obligatory)."
(He mean that the fifth testimony decides the case.)3
1 Abu Dawud # 2274.
2 Ibn Majah # 2076.
3 Abu Dawud # 2255, Nasa'i # 3472.

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COMMENTARY: The aim was to caution the man by placing a hand on his mouth of
serious consequences, so the truth might came out. In this way, li'an would not be
observed. This, shows that the Prophet ,,le ao wished to keep off from the extreme
course of li'an and he wished that husband and wife should come out with the truth and
settle for the worldly punishment which is wilder than the severe chastisement of the
hereafter. The worldly punishment is the hadd.
DEVIL IS WITH EVERYONE
(٣٣٢٣) وَعَنْ عَائِشَةَ آَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ خَرَجَ مِنْ عِنْدِهَا لَيْلًا قَالَتُ فَخِرُتُ عَلَيْهِ فَجَاءَ
فَرَأَى مَا أَصْنَهُ فَقَالَ مَا لَكِ يَا عَائِشَةُ أَغِرْتٍ فَقُلْتُ وَمَالِىَ لَا يَغَارُ مِثْلِىٌ عَلَى مِثْلِكَ فَقَالَ رَسُولُ اللَّهِصَلَّى
اللهُ عَلَيْهِ وَسَلَّمَ لَقَدْ جَاءَّتِ شَيْطَانُكِ قَالَتْ يَارَسُولَ اللَّهِ أَمَعِى شَيْطَالْ قَالَ نَّعَمْ قُلْتُ وَمَعَكَ يَا رَسُوْلَ
اللَّهِ قَالَ تَعَمْ وَلَكِنْ أَعَانَنِىِ اللَّهُ عَلَيْهِ حَتّى أَسْلَمَ - (رواه مسلم)
3323. Sayyidah Ayshah \'s &+, narrated that once during the night of (Sha'ban).
Allah's Messenger صلى الله عليه وسلم went out from her. She felt jealous concerning him.
So, when he returned and observed her condition, he asked, "What is wrong with
you, O Ayshah? Are you jealous?" She said "Shall not one like me be jealous about
one like you?" He said, "your devil has come to you (and pushed you in doubt)."
She asked, "O Messenger of Allah, do I have a devil?" He said, "Yes!" She asked. O
Messenger of Allah, is there a devil with you too? He said, "Yes, but Allah helps me
against him so that I am safe from him (or, so that he has become a Muslim
subservient to me)."
COMMENTARY: On the night of the fifteenth Sha'ban the prophet صلى الله عليه وسلم went out
from the house of Sayyidah Ayshah que a >, to the Jannatul Baqi, the graveyard in
Madinah, to consign reward to the dead and pray for their forgiveness.
However, Sayyidah Ayshah Quan >, thought that he had gone to another of his wives. The
devil had put this idea into her mind. She turned jealous, got up and followed him till she
realized where he was headed. She hurried back home and was panting when the Prophet
tle à o returned find her gasping for breath. Then he exchange of conversation, as in
the hadith, followed.
CHAPTER - XVI
IDDAH
بَابُ الْعِدَّةِ
(Iddah is a period after divorce or the death of her husband for which a woman must wait
before re-marrying (to ensure that there is no confusion about the paternity of children).] -
Muwatta Imam Maalik.
The dictionary meaning of iddah is 'to count.' In the terminology of Shariah, iddah is a
specified period (which will be explained in the following lines) for which a widow or a
divorcee must stay in her home. Till such time as this period is over, she must not get any
where not meet any (stranger) man, but after the period expires, she may go wherever she
likes and remarry at will. This period begins when her husband divorces her or their
:

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marriage breaks because of Khula, eela or otherwise, or any thing like marriage (e.g. nikkah
fasid) breaks, provided the husband and wife must have had sexual intercourse or been
alone in the true sense. Or, the period begins when the husband dies.
THE PERIOD OF IDDAH: The period of waiting of a freewoman whom her husband has
divorced, or whose marriage is annulled (nikah (wedlock) fasid) , and she experiences
menstruation, is till she gets three menses. She will reside in her husband house where she
was divorced, and she will not go out of it nor marry any other man. Similarly, if sexual
intercourse is had with a woman in doubt (by mistake) , then her iddah too is till she
experiences three menstruations. It means that if a man mistakes a woman for his wife and
has sexual intercourse with her, then she too will have to observe iddah till she experiences
three menstruations and will not let her husband have sexual intercourse with her till her
iddah is over.
The iddah of the woman whose invalid marriage is terminated, like a time-defined
marriage, and they are separated, or her husband dies before they are separated, is also till
she experiences three menstruations. The iddah is the same - till three menses are
experienced - of an umm walad when she is set free or her master expires.
If a woman does not get menses because she is undergo, or barren, or old, then her iddah is
three months.
If the husband of a free woman dies, then her iddah is four months and ten days. This is
irrespective of:
whether they have had sexual intercourse or not,
-
whether she is a Muslim or a Jewess or a Christian woman married to a
Muslim,
-
whether she is adult or minor,
1
or she is in menopause,
-
whether her husband is a freeman or a slave,
1
or, she experiences menses during her waiting period or not.
The iddah of a pregnant woman is till she bears the child, whether her husband has
divorced her or has died, whether she is a free woman or a female slave. Her iddah expires
the moment a child is born to her, even if it is immediately after her husband divorces her
or dies. In fact, it is stated in kitab Mabsut that if the husband of a pregnant woman dies
and is being given a bath or is being shrouded, and she delivers a child, then her iddah is
deemed to be over.
A SLAVE WOMAN: If a woman is not a free woman but someone's female slave and her
husband divorces her then her iddah if she gets her menses is till she get them twice, but if
she does not menstruate, then her iddah is a month and a half. If her husband dies, then her
iddah is for two months and five days whether she gets the menses or not.
THE COMMENCEMENT OF IDDAH: When a woman is divorced, her iddah begins after
the divorce. The three menstruations after that will be counted. If any one divorces his wife
while she is menstruating, then that menstruation will not be counted, but the three
menstruations after that will be reckoned.
When a woman's husband dies, then iddah will be reckoned from the death of the husband.
If a woman does not learn of her divorce or her husband's death and the period of iddah is
over then her iddah will be deemed' to have been observed. Books of figh may be consulted
for further information.

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SECTION I
اَلْفَضْلُ الْآوَّلُ
MAINTENANCE DURING IDDAH
(٣٣٢٤) عَنْ آَنٍ سَلَمَةَ عَنْ فَاطِمَةَ بِئْتِ قَيْسٍ آَّ آبَا عَمْرٍ وبْنَ حَقْصٍ طَلَّقَهَا الْبَثَّةَّ وَهُوَ غَائِبٌ فَأَرْسَلَ إِلَيْهَا
وَكِيْلُهُ الشَّعِيُرَ فَسَخَطَتْهُ فَقَالَ وَاللّهِ مَالَكِ عَلَيْنَا مِنْ شَىْءٍ فَجَاءَتُ رَسُوْلَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَذَكَّرَتْ
ذُلِكَ لَهُ فَقَالَ لَيْسَ لَكِ نَفْقَةٌ فَأَمَرَهَا أَنْ تَعْتَدَّ فِي بَيْتِ أُمِ شَرِيْكٍ ثُمَّ قَالَ تِلْكَ امْرَأَةٌ يَغْشَاهَا آَصْحَابٍ
إِعْتَدْىُ عِنْدَ ابْنِ أُمِّ مَكْتُوْمٍ فَإِنَّهُ رَجُلْ أَعْنِى تَضَحِيُنَّ ثِيَّابَكِ فَإِذَا أَحْلَلْتٍ فَاذِنِيْنِيْ قَالَتْ فَلَمَّأَ حَلَلْتُ ذَكَّرُتُ
لَه ◌َكَّ مُعَاوِيَةَ ابْنَ آَبٍ سُفْيَّاتَ وَأَبَاجَهٍ خَطَبَّانِيْ فَقَّالَ آَمَّا أَبُوالُجُهْمِ فَلَا يَضَعُ عَضَاهُ عَنْ عَاتِقِهٍ وَآَمَا مُعَاوِيَةٌ
فَصُعُلُؤُكُ لَا مَالَهُ إِنْكِجِ أُسَامَةَ بْنَ زَيْدٍ فَكَّرِهْتُّهُ ثُمَّ قَالَ إِنْكِحِى أُسَامَةً فَتَكَّحْتُهُ فَجَعَلَ اللَّهُ فِيْهِ خَيْرًا
وَاغْتُّبِطَتُ، وَفِيْ رِوَايَةٍ عَنْهَا فَأَمَّا أَبُوُجَهٍُ فَرَجُلْ ضَرَّابٌ لِلنِّسَاءِ رَوَاهُ مُسْلِمْ وَفِي رِوَايَةٍ آَّ زَّوْجَهَا طَلَّقَهَا
ثَلَاثًا فَأَتَتِ النَّبِىِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَ لَا نَفَقَّةَ لَكِ إِلَّاجْ تَكُوُنِى حَامِلًا-
3324. Sayyiduna Abu Salamah &s &>, narrated that (Sayyidah) Fatimah bint Qayss
-divorced her al رضى الله عنه informed him that (Sayyiduna) Abu Amr ibn Hafs رضى الله عنها
Battah (which is an absolute divorce with three pronouncement) while he himself
was not present (being away and having conveyed the message at the hands of
someone else). Then his agent (or representative) sent her some barley. She was
angry at him (because she regarded it as not enough) , but he swore by Allah that
she had no right on them (and whatever she was given an act of kindness). She
came to Allah's Messenger صلى الله عليه وسلم and related to him all that. He said, "You
have no claim to maintenance," and he instructed her to spend her iddah at the
house of Umm Sharik usan +). But, again, he said, "That is a woman at whose house
my companions meet (being her relatives and children). So, spend the iddah at the
house of Ibn Umm Maktum. He is a blind man and you can keep your garments
there. When it becomes lawful for you to remarry (on completion of your iddah) ,
inform me."
She added, "when I was out of the iddah, I mentioned it to him that Mu'awiyah ibn
Abu Sufyan رضى الله عنهما and Abu Jahm رضى الله عنه had proposed marriage to me. And, he
said, 'Abu Jahm never puts his stick aside from his shoulder and Mu'awiyah is a
poor man without any property. So, marry Usmah ibn Zayd. 'But, I expressed my
dislike, and he persisted, 'Marry Usamah.' So, I married him." Allah caused
blessing in it and she was envied. (The two of them loved one another and were an
'ideal couple, so people envied them).
According to another version she reported: (The Prophet صلى الله عليه وسلم said:) "Abu
Jahm is a man who beats woman."
According to another version: Her husband divorced her with three
pronouncements of divorce. When she came to the Prophet صلى الله عليه وسلم he said,
"There is no maintenance for you unless you are pregnant." (In that case

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maintenance will be wajib (obligatory))1
COMMENTARY: The Prophet صلى الله عليه وسلم said to her that she might be able to keep her
garments at the house of Sayyiduna Ibn Umm Maktum As du +) , because he was a blind
man. This because he was a blind man. This means that she would not have to be careful
about observing the veil. Or, "as long as you observe the iddah there, do not don garments
of adornment." Or, it is a figurative way of saying. "Do not go out of the house during your
iddah, for, it is not allowed to do so."
Allamah (The learned Scholar) Imam Nawawi als, said that some scholars have deduced
from this hadith that a woman is permitted to look at strangers (men), provided they do
not see her, but, this deduction is weak and the correct thing is what most ulama (Scholars)
say, 'it is forbidden both t o men and to women to look at the strangers among each other.'
Allah has given the same command to both men and woman:
قُلُ لِّلْمُؤْمِنِينَ يَغْضُّوْا مِنْ أَبْصَارِ هِمْ (الاية)
{Say to the believing men that they should lower their gaze .... } (24: 30)
وَقُلُ لِّلْمُؤْ مِنْتِ يَغْفُّضُنَ مِنْ آَبْصَارِ هِنَّ
(And say to the believing woman that they should lower their gaze ... } (28: 31)
Moreover, the hadith of Sayyidah Umm Salamah Que an +, concerning Sayyiduna Ibn Umm
Maktum us ino, relative to this subject is a very strong evidence. She narrated that she and
Sayyiduan Maymunah رضى الله عنه were both seated with the Prophet صلى الله عليه وسلم when Ibn
Umm Maktum as ås +, came towards him. So, he said to both of them, his wives, "veil
yourselves." Sayyidah Umm Salamah que a +, submitted, "He is blind!" She meant that he
would not be able to see them. The Prophet صلى اللهعليه وسلم asked them:
اَفَعَمْيَا وَانٍ أَنْتُمَا اَلَسْتُمَا تُصِرَانِهِ
"Are the two of you blind? Do you not see him?"
Given these evidences, certainly, the prophet , at . had never made it lawful for
Sayyidah Fatimah رضى الله عنها to look at Ibn Umm Maktum رضى الله عنه. His only aim was that she
would be safe there because no one would look at her there. At for her, she knew the
command of Allah that a woman must not look at strangers (men). Hence, she would not
.رضى الله عنه look at Ibn Umm Maktum
Anyway, as for the contention of some ulama (Scholars) on the basis of the hadith about
Sayyidah Fatimah As alt +) that a woman may see unknown men, most of the ulama
(Scholars) have given this rejoinder (as in the foregoing lines).
Imam Abu Hanifah ale>, holds that a woman may look at a stranger but not at the portion
from his navel to his knees, provided she is safe from being t empted sexually. If she is not
sae from her sexual desires being aroused then it is forbidden to her to look at the entire
body of a stranger man.
The reference to Abu Jahm we an , never putting aside his stick means that he was very
strict and severe and short tempered. He beat women and it was not possible for Sayyidah
1 Muslim # 36-1480, Abu Dawud # 2784, Nasa'i # 3245, Musnad Ahmad 6-413, Muwatta Maalik # 67
(Tallaq).

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Fatimah Quea+, to adjust and adopt herself to his temperament. We learn from this that if
anyone is aware of a shortcoming or defect in someone then it is proper for him to disclose
it to the man or woman who contemplates marriage with him or her so that none of them
goes through an ordeal after their marriage.
Sayyidah Fatimah رضى الله عنها first declined to marry Sayyiduna Usamah رضى الله عنه because he
was the son of the Prophet's صلى الله عليه وسلم slave and he was black while she was a beautiful
Quraysh woman. But, Sayyiduna Usamah we an, was dear to the Prophet and was very
near to him, so he asked her again to marry him. Thus, she did not think it proper to
decline a second time. She obeyed the Prophet ,le ano and married him. Allah caused
their marriage to prosper and she found peace and comfort in their married life.
The ulama (Scholars) differ on whether a woman who has been divorced absolutely (with
three pronouncements) is entitled to maintenance and lodging from her husband if she is
not pregnant.
Imam Abu Hanifah alta>, and some other ulama (Scholars) hold that it is wajib (obligatory) for
the husband to provide her provision and lodging. Lodging is established from this verse:
آسْكِنُوْ هُنَّ مِنْ حَيْثُ سَكِنْهُؤْ مِنْ وُجُدِ كُمْ
{House them where you house yourselves according to your means) (65: 6)
It is wjib to do so, in the sight of fiqh (Islamic jurisprudence), because that woman sits
through the iddah enduring all restrictions for the sake of her husband.
Sayyiduna Umar as an+) also held this contention. In fact he said of this hadith, "We cannot
صلى الله عليه وسلم sunnah (Prophet's صلى الله عليه وسلم neglect the Book of Allah and the Prophet's
practice) (which assert that maintenance and lodging are wajib (obligatory), on the man
divorces, for the divorcee) simply because a woman (Fatimah bint Qays) says so (that the
Prophet صلى الله عليه وسلم said to her that her husband was not liable to provide her the
maintenance and residence). Perhaps, she may have misunderstood his words or may have
forgotten what he had said, Indeed, I have myself heard the Prophet yedi Lo say that the
maintenance and lodging of this woman is the responsibility of the husband."
However, Ibn Maalik & os, said this had happened in the knowledge of the sahabah
(Prophet's Companions) sản+, (none of whom renounced her statement). So, it amounts
to consensus.
Imam Ahmad As an , says that neither is maintenance nor lodging for the woman wajib
(obligatory) on the husband. He cites this hadith.
Imam Maalik alds, Imam Shafi'I ales, and some ulama (Scholars) rule that on the basis of
this verse (65: 6) ... (s) {House them ..... }, it is wajib (obligatory) to provide residence to
the woman, but not wajib (obligatory) to provide maintenance.
If the woman is divorced while she was pregnant, then maintenance for her will be wajib
(obligatory) in the light of this hadith.
(٣٣٢٥) وَعَنْ عَائِشَةَ قَالَتْ إِّ فَاطِمَةً كَانَتْ فِى مَكَانٍ وَحْشٍ فَخِيْفَ عَلَى نَاحِيَتِهَا فَلِذَالِكَ رَخَّصَ لَهَا
النَِّىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ تَعْنِى فِ النُّقْلَةِ وَفِيْ رَوَايَةٍ قَالَتْ مَالِفَاطِمَةَ آَلَّا تَتَّقِ اللُهُ تَغْنِى فِى قَوْلِهَا لَا سُكُنِى
وَلَا نَفَقَةً۔(رواه البخارى)

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3325. Sayyidah Ayshash رضى الله عنها narrated that (Sayyidah) Fatimah رضى الله عنها was
(lodged) in a desolate place. There always was fear concerning the neighbourhood
of her. For that reason the Prophet صلى الله عليه وسلم gave her permission, meaning to
.رضى الله عنه (move (during her iddah to the house of Ibn Umm Maktum
According to another version: She wondered, "what is wrong with Fatimah? Does
she not fear Allah?" neither was lodging wajib (obligatory) nor maintenance.1
COMMENTARY: Sayyidah Fatimah bint Qays رضى الله عنها lodged after her divorce in the
house that was situated in a very lonely place. Since there was a constant fear or prowlers,
.رضى الله عنه allowed her to shift to the house of Ibn Umm Maktum صلى الله عليه وسلم so the Prophet
Sayyidah Ayshah que a +, said about it, "Let no one presume by this that there is no
residence for a divorced woman (who is divorced with three pronouncements) and she
might spend her iddah at any place she liked. Rather, Fatimah had a reason to do so."
The second version quotes Sayyidah, Ayshah رضى الله عنها as saying that Fatimah رضى الله عنه was
mistaken in ascribing the words to the Prophet صلى الله عليه وسلم that there is no maintenance and
no lodging for a divorced woman.
In other words, Sayyidah Ayshah رضى اللهعنها had the same view as Sayyiduna Umar رضى اللهعنه had.
Imam Abu Hanifah ale>, abides by their opinion that a woman who is divorced with talaq
ba'in is entitled to residence and maintenance.
(٣٣٢٦) وَعَنْ سَعِيْدِ بْنِ الْمُسَيِّبِ قَالَ إِنَّمَا نُقِنَتُ فَاطِمَةُ لِطُوْلِ لِسَانِهَا عَلَى أَحْمَائِهَا - (رواه فى شرح السنة)
3326. Sayyiduna Sa'eed ibn Al-Musayyib &+, said, "Fatimah was moved (from
her husband's home during her iddal:) only because she was sharp tongued against
. her husband's relatives."2
COMMENTARY: This there were two reasons for Sayyidah Fatimah Quan +, to be moved
out from from her husband's residence. These are outlined in the hadith (# 3325 and 3226)
WHAT IF THERE IS A PRESSING NEED TO GO OUT DURING IDDAH
(٣٣٢٧) وَعَنْ جَابِرٍ قَالَ طُلِّقَتُ خَالَتِيْ ثَلَاثًا فَأَرَادَتْ آٌَ تَجُدَّ تَخْلَهَا فَزَجَرَهَا رَجُلٌ آٌَ تَخْرُجُ فَأَتَتِ
النَِّيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ بَلَى فَجُدِّئْ تَخْلَكِ فَإِنَّهُ عَلى أَنْ تَصَدَّقِ أَوْ تَفْعَلِى مَعْرُؤُقًّا- (رواه مسلم)
3327. Sayyiduna Jabir as an , narrated that his maternal aunt was divorced with
three pronouncements (so she restrained herself in the iddah). She intended (one
day) to cut down dates from her palm trees. But, one man forbade her to go out. So,
she came to the Prophet صلى الله عليه وسلم (and told him about it). He said, "Of course, cut
down dates from your palm trees because you may perhaps make a sadaqah
(charity) (and give them in charity) , or perform a kind deed."3
COMMENTARY: The prophetصلى الله عليه وسلم meant to say that if the dates were enough to
attract zakah (Annual due charity), then 'you will pay their zakah (Annual due charity). If
1 Bukhari # 5323, 5324, 5325 Muslim # 54-1471, Abu Dawud # 2292.
2 Baghawi in Sharh in Sunnah (Prophet's صلى الله عليه وسلم practice) # 2384.
3 Muslim # 55-1483, Abu Dawud # 2297, Nasa'i # 3550, Ibn Majah # 2034, Darimi # 2288.

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they are below the nisab, then 'you will show kindness to your neighbour and the poor by
given them optional sadaqah (charity),' or 'you will present them as gifts to them.'
In other words, if she were not to give the sadaqah (charity), then it was not allowed to her
to go out of the house.
Imam Nawawi als, said that a woman who observes iddal after being divorced wit h
three pronouncements is allowed to go out of the house to attend to any need.
The ruling of the Hanafis in this regard will be mentioned against the hadith of Sayyidah
Umm Atiyah رضى اله عنها (hadith # 3331).
PREGNANT WOMAN'S IDDAH
(٣٣٢٨) وَعَنِ الْمِسْوَرِ بْنِ مَخْرَمَةَ آَّ سُبَيْعَةَ الْأَسْلَمِيَّةَ نُفِسَتُ بَعْدَ وَفَاةِ زَوْجِهَا بِلَيَالٍ فَجَاءَتِ النَّبِيِّ صَلَّى
اللَّهُ عَلَيْهِ وَسَلَّمَ فَاسْتَأْذَنَتْهُ أَنْ تَنْكِحَ فَأَذِنَّ لَهَا فَتَكَحَتُ- (رواه البخارى)
3328. Sayyiduna Al-Miswar ibn Makhramah «så+, narrated that some nights after
the death of her husband, Sayyidah Sabi'ah Al-Aslamiyan e àn+, gave birth to a
child. After that, she went to the Prophet ,Ale ano and sought his permission to
marry. He gave her permission and she married.1
COMMENTARY: Sayyidah Sabi'ah Al-Aslamiyah was pregnant when her husband died.
However, a few days thereafter, she gave birth to a child.
The Prophet Ly,lean Lo gave her permission to marry again when she sought his permission.
The ulama (Scholars) say that when a woman is pregnant and her husband dies or divorces
her, then the iddah is over the moment she gives birth to a child. She is then at liberty to
marry, if she so desires. In fact, this may happen shortly after her husband's death or his
divorcing her.
COLLYRIUM MUST NOT BE APPLIED DURING IDDAH
(٣٣٢٩) وَعَنْ أُمِّ سَلَمَةً قَالَتْ جَاءَتِ امْرَأَةٌ إِلَى النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَتْ يَا رَسُوْلَ اللُّهِإِثَّ بِئْتِيْ
تُوَّلِى عَنْهَا زَوُجُهَا وَقَّدِ اشْتَكَتْ عَيْنُهَا أَقَتَكُحُلُّهَا فَقَالَ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَّا مَرَّتَيْنِ أَوْثَلَاًّا
كُلُّ ذُلِكَ يَقُوُلُ لَا تُؤَّ قَالَ إِنَّمَا هِىَ أَرْبَعَةُ أَشْهُرٍ وَعَشْرٌ وَقَدْ كَانَتُ إِحْدَا كُنَّ فِي الْجَاهِلِيَّةِ تَرُوِى بِالْبَعْرَةِ عَلَى
رَأْسِ الْخُوْلِ - (متفق عليه)
3329. Sayyidah Umm Salamah que al+, narrated that a woman came to the Prophet
and said, "O Messenger of Allah, my daughter! Her husband has died صلى الله عليه وسلم
(so that she is observing the iddah) and her eyes ache. May we apply collyrium to
it?" He said, "No!" - twice or thrice (on her repeated asking) , "No" each time. Then
he exclaimed, "That is merely for four months and ten days while, indeed, during
the jahiliyah (ignorance period). One of you could throw away the piece of dung
only after one year had passed."2
1 Bukhari # 5320, Nasa'i # 3506, Ibn Majah # 2029, Musnad Ahmad 4. 327.
2 Bukhari # 5336, Muslim # 1488, Abu Dawud # 2299, Nasa'i # 3138, Ibn Majah # 2084, (The Arabic
copy of Mishkat has the words at the end (,joy4) (After the death of her husband).
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COMMENTARY: Imam Ahmad al-, hold that a woman who observes the iddah may not
apply collyrium, if the iddah is after her husband's death - not even if her eyes ache and not
for adornment.
Imam Abu Hanifah al, and Imam Maalik aw>, hold that if there is a compulsion, like an
ailment, then it is allowed to apply collyrium.
Imam Shafi'I als, holds that when there is some trouble in the eyes, a woman may apply
collyrium in her eyes at night but clean it off during the day.
The Hanafis say about this hadith that this woman had pretended that her eyes pained.
Actually, she wished to grace herself with collyrium and the Prophet صلى اللهعليه وسلم know the
facts, so he disallowed her.
In pre-Islamic days, when a man died, his wife was consigned to a narrow and dark cell.
She wore very rough, coarse clothing and could use no kind of make up, not even perfume.
When, after one year, the day of her release arrived, a donkey, a goat or any other animal
or a bird was brought to her and she scratched her vagina with one of these animals or
birds. Then she was brought out of the cell and she was handed over some dung which she
had to throw away that marked the end of her iddah.
So, considering that, the iddah in Islam is meager.
MOURNING DURING IDDAH
(٣٣٣٠) وَعَنْ أُمِّ حَبِيْبَةَ وَزَيْتَبَ بِئْتِ جَحْشٍ عَنْ رَسُوْلِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا يَحِلُّ لِمْرَأَةٍ تُؤْمِنُ
بِاللهِ وَالْيُؤْمِ الْآخِرِ آَنْ تُحِدَّ عَلَى مَيِّتٍ قَوْقَ ثَلَاثِ لَيَالٍ إِلَّا عَلَى زَوْجِ أَرْبَعَةَّ أَشْهُرٍ وَعَشْرًا- (متفق عليه)
رضى الله عنها and Sayyidah Zaynab bint Jahsh رضى الله عنها Sayyiduna Umm Habibah .3330
narrated that Allah's Messenger .,,led . said, "It is not lawful for the woman who
believes in Allah and the Last Day that she should mourn for more than three nights
over any one who has died, except over husband for four months and ten days."1
COMMENTARY: To mourn is to abstain from adorning oneself, applying perfume,
collyrium, etc. It is not allowed to mourn for anyone, other than a husband, for more than
three days. A woman must, however, mourn for her husband for four months and ten
days, that is, during the iddah (waiting period), it being wajib (obligatory) on her.
Most scholars say that a woman's iddah (waiting period) begins with her husband's death.
Sayyiduna Ali us às >, however, said that iddah (waiting period) will commerce when a
woman learns of her husband's death.
Accordingly, if a woman's husband dies and she does not know of it so that four months
and ten day s go by too, then the majority of the ulama (Scholars) hold that her iddah
(waiting period) is over. However, according to what Sayyiduna Ali Aan +, says, her iddah
(waiting period) will not have been observed at all. Rather, when she learns of his death, it
will commence and last for four months and ten days from that time.
(٣٣٣١)، وَعَنْ أُمِّ عَِيَّةً أَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا تُحِدُّ امْرَأَةٌ عَلَى مَيٍِّ فَوْقَ ثَلَاثٍ إِلَّا عَلى
زَوْجِ آَرْبَعَةَ آَشْهُرٍ وَعَشْرًا وَلَا تَلْبَسُ ثَوْبًّا مَصْبُوْنًا إِلَّ ثَوْبَ عَصْبٍ وَلَا تَكْتَحِلُ وَلَا تَمَسُّ ◌ِيْبًّا إِلَّ إِذَا
1 Bukhari # 5334, Muslim # 58-486, Abu Dawud # 2999, Tirmidhi # 1196, Nasa'i # 3537, Darimi #
2284, Muwatta Maalik # 101 (Talaq).
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طَهُرَتْ نُبْذَّةً مِنْ قُسْطٍ أَوْ أَظْفَارٍ - متفق عليه وزاد ابوداؤد وَلَا تُخْتَضِبُ-
3331. Sayyidah Umm Atiyah Que al +) narrated that Allah's Messenger said, "A
woman must not observe mourning for a dead person more than three days, except
for a husband for (whom she must mourn for) four months and ten days. And, she
must not wear (during these day s of iddah (waiting period)) any dyed garment
other than 'asb nor apply collyrium not touch perfume, except, when she is purified
(from menses). Some qust or azfar." Abu Dawud adds: "And not apply henna."1
COMMENTARY: Dyed garments are those that are dyed in bright colours and are very
showy - of Saffron, Safflower, r ed-dyed, etc. Those are generally worn to adorn oneself.
But, if a woman does not have any other garment then she may wear these colours because
she has to over her body anyway At any rate she must not use them to adorn herself 'Asb
was a particular kind of clock during those days. It was from Yemen. The cloth was dyed
before being woven. It was dyed in Safflower so that it turned red and had white stripes
because the portion that was fastened at an end before being dyed turned white. So, this
kind of dyed garment is allowed to the woman in her iddal (waiting period).
If a cloth is dyed after being woven then it turns into bright red safflower and it is
disallowed by Shari'ah (divine law).
Ibn Hammam al , says that our (Hanafi) Ulama (Scholars) say that for a woman
observing the iddah (waiting period), it is not proper to wear the asb too.
Imam Shafi'I ala>, says that she is allowed to wear it (asb) whether it is thick or fine.
Imam Maalik ales, permits thick asb but not fine asb.
The different opinions of the scholars about applying collyrium have been presented in a
commentary against the hadith of Sayyidah Umm Salamah .ed+, (# 3329)
Ibn Hammam als, that (according to the Hanafis) a woman observing idah may apply
collyrium when it is absolutely unavoidable but not otherwise.
Qut, and azfar are perfumes of a kind. Qust is costus or an aromatic wood - awd or aloes
wood. Generally, woman and children use it as incense. Kirmani said that qust is awd hindi.
Azfar is a perfume.
In those days, women used both these perfumes after purifying themselves from
menstruation, to remove the bad odour. Thus, the Prophet صلى الله عليه وسلم allowed such a
woman to use it on purifying herself but apart from that a woman observing iddah (waiting
period) is disallowed to use these perfumes.
MOURNING: This hadith says that it is wajib (obligatory) for the woman observing the
iddah (waiting period) on the death of her husband to keep in. mourning. The ulama
(Scholars) are unanimous about it, but their opinion differ on the nature of the mourning.
Imam Shafi'I ates, and the majority of the ulama (Scholar's) say that it is wajib (obligatory) on
every woman who is in iddah (waiting period) to mourn her husband after his death. This
applies to every woman with whom he did have sexual intercourse or did not have it
whether she is minor or major, virgin or not, freewoman or slave girl, Muslim or infidel.
Imam Abu Hanifah alus, said that mourning is not wajib (obligatory) on seven kinds of
women. According to Durr ul Mukhtar, they are:
(i)
a disbelieving woman,
1 Bukhari # 5341, Muslim # 66-938, Abu Dawud # 2302, Nasa'i # 3536, Musnad Ahmad 5. 85

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(ii)
an insane woman,
(iii)
a minor,
(iv)
an umm walad who is in iddah (waiting period) because her master has set her
free, or he has died,
(v)
a woman whose marriage was invalid (so observes the iddah (waiting period)) ,
(vi)
a woman with whom a stranger had sexual intercourse out of doubt (or by
mistake) taking her to be his wife.
(vii)
a woman who observes talq raj'I (revocable divorce).
OTHER THAN HUSBAND: As mentioned in the hadith, a woman is not permitted to
mourn any man other than her husband more than three days, Besides, even these many
days, it is merely permitted but not wajib (obligatory) to mourn him for three days.
Moreover, if her husband does not permit her in mourn any man even the three days, then
he has a right to do so because a wife's adornment is for her husband only. If she does not
abandon mourning and does not adorn herself when he asks her to do that, hen he is
allowed to beat her because if she mourns, the husband's right is ignored.
COMMANDS & RULINGS FOR MOURNING: As for a woman who is divorced with a
talaq raj'I (revocable divorce) , her iddah (waiting period) is merely to confine herself at home
for the specified period and not marry any other man. She may adorn and beautify herself.
The woman who is adult and sane and a Muslim must confine herself in her. house all
through her iddah (waiting period), not contract another marriage and not beautify herself, if
she has been divorced by three pronouncements, or one talaq ba'in (irrevocable and final
divorce) , or their marriage breaks in some way or other, or her husband dies. All the
things mentioned here (for her not to do) are forbidden to her.
Mourning is to not beauty and to don dirty clothing.
These things are forbidden to a woman during her iddah (waiting period) till it lasts: applying
perfume, wearing jewelery and ornaments and flowers, applying collyrium, eating betel
leaves to redden the lips, rubbing red lead to darken the lips, applying oil to hair, combing
hair, applying henna, donning nice garment and dyed, silken and bright clothing.
However, when there is a dire need, or it is unavoidable, then there is no harm if any of
these things is done. If she has a headache and it is necessary to apply hair oil then she may
do so but should not use perfumed hair oil. In the same way, she may apply collyrium
when her eyes ache.
If any woman's marriage was not valid and was annulled, or her husband dies, then it is
not wajib (obligatory) for this woman to go into mourning.
If ·a woman observed iddah (waiting period) on being set free, like an umm walad whose
master sets her free so she confines herself in an iddah (waiting period), then it is not wajib
(obligatory) on her to mourn.
If an woman observes iddah (waiting period), then it is not allowed to send her proposal of
marriage. But, it is allowed to make a reference to it, like saying. "I wish to marry her,"
provided the woman is observing the iddah (waiting period) for death of her husband. But, if
have iddah (waiting period) follows a divorce then it is not allowed to even make a hint of
one's desire to marry her.
A woman who observes an iddah (waiting period) following a divorce is never permitted to
go out of her house, at all. But, she whose iddah (waiting period) follows her husband's death
may go out of the house during the day and up to same of the night, she must not spend