The Inconsistency of Bassam Zawadi Part 2

Also (prohibited are) women already married, except those whom your right hands possess: Thus hath God ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property, - desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and God is All-knowing, All-wise. S. 4:24 Y. Ali

Abu Sirma said to Abu Sa'id al Khadri: O Abu Sa'id, did you hear Allah's Messenger mentioning al-'azl? He said: Yes, and added: We went out with Allah's Messenger on the expedition to the Bi'l-Mustaliq and took captive some excellent Arab women; and we desired them, for we were suffering from the absence of our wives, (but at the same time) we also desired ransom for them. So we decided to have sexual intercourse with them but by observing 'azl (Withdrawing the male sexual organ before emission of semen to avoid conception). But we said: We are doing an act whereas Allah's Messenger is amongst us; why not ask him? So we asked Allah's Messenger, and he said: It does not matter if you do not do it, for every soul that is to be born up to the Day of Resurrection will be born. (Sahih Muslim, Book 008, Number 3371)

Abu Said al-Khudri said: The apostle of Allah sent a military expedition to Awtas on the occasion of the battle of Hunain. They met their enemy and fought with them. They defeated them and took them captives. Some of the Companions of the Apostle of Allah were reluctant to have intercourse with the female captives in the presence of their husbands who were unbelievers. So Allah, the Exalted, sent down the Quranic verse, ‘And all married women (are forbidden) unto you save those (captives) whom your right hands possess’. That is to say, they are lawful for them when they complete their waiting period. (Sunan Abu Dawud, Volume 2, Number 2150)

Chapter 36. What Has Been Related (About A Man) Who Captures A Slave Woman That Has A Husband, Is It Lawful For Him To Have Relations With Her?

1132. Abu Sa‘eed Al-Khudri narrated: We got some captives on the day of Awtas, and they had husbands among their people. They mentioned that to the Messenger of Allah, so the following was revealed: And women who are already married, except those whom your right hands possess. (Hasan) (English Translation of Jami‘ At-Tirmidhi, Compiled by Imam Hafiz Abu ‘Eisa Mohammad Ibn ‘Eisa At-Tirmidhi, From Hadith No. 544 to 1204, translated by Abu Khaliyl (USA), ahadith edited and referenced by Hafiz Tahir Zubair ‘Ali Za’i [Darussalam Publishers & Distributors, First Edition: November 2007], Volume 2, p. 502; underline emphasis ours)

1137. Jabir bin ‘Abdullah narrated: “We practiced ‘Azl while the Qur’an was being revealed.” (Sahih)

(Abu ‘Eisa said:) The Hadith of Jabir is a Hasan Sahih Hadith. It has been reported from him through other routes.

There are those among the people of knowledge, among the Companions of the Prophet and others, who permitted ‘Azl. Malik bin Anas said: “The permission of the free woman is to be requested for ‘Azl, while the slave woman’s permission need not be requested.” (Ibid., Chapter 39. What Has Been related About ‘Azl, p. 507)

(3) 3016. Abu Sa‘eed Al-Khudri said: “On the Day of Awtas, we captured some women who had husbands among the idolaters. SO SOME OF THE MEN DISLIKED THAT, so Allah, Most High, revealed: ‘And women already married, except those whom your right hands possess….’” (Sahih)

[Abu ‘Eisa said:] This Hadith is Hasan.

(4) 3017. Abu Sa‘eed Al-Khudri said: “we captured some women on the Day of Awtas and they had husbands among their people. That was mentioned to the Messenger of Allah so Allah revealed: ‘…And women already married, except those whom your right hands possess….” (Sahih)

[Abu ‘Eisa said:] This Hadith is Hasan.

This is how it was reported by Ath-Thawri, from ‘Uthman Al-Batti, from Abu Al-Khalil, from Abu Sa‘eed Al-Khudri from the Prophet and it is similar. “From Abu ‘Alqamah” is not in this Hadith and I do not know of anyone who mentioned Abu ‘Alqamah in this Hadith except in what Hammam mentioned from Qatadah. Abu Al-Khalil’s name is Salih bin Abi Mariam. (Jami‘ At-Tirmidhi, Volume 5, From Hadith No. 2606 to 3290, Chapter 4. Regarding Surat An-Nisa’, pp. 331-332; capital and underline emphasis ours)

Chapter 19. The Virtues Of ‘Ali Bin Abi Talib. It Is Said That He Has Two Kunyah: Abu Turab, And Abul-Hasan.

3712. ‘Imran bin Husain narrated that the Messenger of Allah dispatched an army and he put ‘Ali bin Abi Talib in charge of it. He left on the expedition and he entered upon a female slave. So four of the Companions of the Messenger of Allah scolded him, and they made a pact saying: “[If] we meet the Messenger of Allah we will inform him of what ‘Ali did.” When the Muslims returned from the journey, they would begin with the Messenger of Allah and give him Salam, then they would go to their homes. So when the expedition arrived, they gave Salam to the Prophet, and one of the four stood saying: “O Messenger of Allah! Do you see that ‘Ali bin Abi Talib did such and such.” The Messenger of Allah turned away from him. Then the second one stood and said as he said, and he turned away from him. Then the third stood before him, and said as he said, and he turned away from him. Then the fourth stood and said as they had said. The Messenger of Allah faced him, and the anger was visible on his face, he said: “What do you want from ‘Ali?! What do you want from ‘Ali?! What do you want from ‘Ali?! Indeed ‘Ali is from me, and I am from him, and he is the ally of every believer after me.” (Hasan)

[Abu ‘Eisa said:] This Hadith is Hasan Gharib, and we do not know of it except as a narration of Ja‘far bin Sulaiman. (Jami‘ At-Tirmidhi, Volume 6, From Hadith No. 3291 to 3956, pp. 386-387)

4337. It was narrated from Abu Umamah that the Messenger of Allah said: “There is no one whom Allah will admit to Paradise but Allah will marry him to seventy-two wives, two from houris and seventy from his inheritance from the people of Hell, all of whom will have desirable front passages and he will have a male member that never becomes flaccid (i.e., soft and limp).” (Da‘if)

Hisham bin Khalid said: “From his inheritance from the people of Hell” means: “Men who enter Hell, and the people of Paradise will inherit their wives, just as the wife of Pharaoh will be inherited.” English Translation of Sunan Ibn Majah - Compiled by Imam Muhammad Bin Yazeed Ibn Majah Al-Qazwini, From Hadith No. 3657 to 4341, Ahadith edited and referenced by Hafiz Abu Tahir Zubair 'Ali Za'i, translated by Nasiruddin al-Khattab (Canada), final review by Abu Khaliyl (USA) [Darussalam Publications and Distributors, First Edition: June 2007], Volume 5, Chapter 39. Description Of Paradise, pp. 423-424; underline emphasis ours)

Narrated Abdullah:
We used to participate in the holy wars carried on by the Prophet and we had no women (wives) with us. So we said (to the Prophet). "Shall we castrate ourselves?" But the Prophet forbade us to do that and thenceforth he allowed us to marry a woman (temporarily) by giving her even a garment, and then he recited: "O you who believe! Do not make unlawful the good things which Allah has made lawful for you." (Sahih al-Bukhari, Volume 6, Book 60, Number 139)

Narrated Jabir bin ‘Abdullah and Salama bin Al-Akwa': While we were in an army, Allah's Apostle came to us and said, "You have been allowed to do the Mut’a (marriage), so do it." Salama bin Al-Akwa' said: Allah's Apostle's said, "If a man and a woman agree (to marry temporarily), their marriage should last for three nights, and if they like to continue, they can do so; and if they want to separate, they can do so." I do not know whether that was only for us or for all the people in general. Abu Abdullah (Al-Bukhari) said: ‘Ali made it clear that the Prophet said, "The Mut’a marriage has been cancelled (made unlawful)." (Sahih al-Bukhari, Volume 7, Book 62, Number 52)

Narrated Abdullah:
We used to participate in the holy battles led by Allah's Apostle and we had nothing (no wives) with us. So we said, "Shall we get ourselves castrated?" He forbade us that and then allowed us to marry women with a temporary contract and recited to us: -- ‘O you who believe! Make not unlawful the good things which Allah has made lawful for you, but commit no transgression.’ (5.87) (Sahih al-Bukhari, Volume 7, Book 62, Number 13o)

Ibn Uraij reported: 'Ati' reported that Jabir b. Abdullah came to perform 'Umra, and we came to his abode, and the people asked him about different things, and then they made a mention of temporary marriage, whereupon he said: Yes, we had been benefiting ourselves by this temporary marriage during the lifetime of the Holy Prophet and during the time of Abu Bakr and ‘Umar. (Sahih Muslim, Book 008, Number 3248)

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr that Khawla ibn Hakim came to Umar ibn al-Khattab and said, "Rabia ibn Umayya made a temporary marriage with a woman and she is pregnant by him." Umar ibn al-Khattab went out in dismay dragging his cloak, saying, "This temporary marriage, had I come across it, I would have ordered stoning and done away with it!" (Malik’s Muwatta, Book 28, Number 28.18.42)

And (as for) those of your women who have despaired of menstruation, if you have a doubt, their prescribed time shall be three months, and of those too who have not had their courses; and (as for) the pregnant women, their prescribed time is that they lay down their burden; and whoever is careful of (his duty to) Allah He will make easy for him his affair. S. 65:4 Shakir

O you who believe: When you marry believing women and then divorce them before you have touched them, no period of idda (waiting) have you to count in respect of them: so give them a present and set them free in a graceful manner. S. 33:49

(And for such of your women as despair of menstruation) because of old age, (if ye doubt) about their waiting period, (their period (of waiting) shall be three months) upon which another man asked: "O Messenger of Allah! What about the waiting period of those who do not have menstruation because they are too young?" (along with those who have it not) because of young age, their waiting period is three months. Another man asked: "what is the waiting period for those women who are pregnant?" (And for those with child) i.e. those who are pregnant, (their period) their waiting period (shall be till they bring forth their burden) their child. (And whosoever keepeth his duty to Allah) and whoever fears Allah regarding what he commands him, (He maketh his course easy for him) He makes his matter easy; and it is also said this means: He will help him to worship Him well. (Tanwîr al-Miqbâs min Tafsîr Ibn ‘Abbâs; bold and underline emphasis ours)

And [as for] those of your women who (read alla'i or alla'i in both instances) no longer expect to menstruate, if you have any doubts, about their waiting period, their prescribed [waiting] period shall be three months, and [also for] those who have not yet menstruated, because of their young age, their period shall [also] be three months - both cases apply to other than those whose spouses have died; for these [latter] their period is prescribed in the verse: they shall wait by themselves for four months and ten [days] [Q. 2:234]. And those who are pregnant, their term, the conclusion of their prescribed [waiting] period if divorced or if their spouses be dead, shall be when they deliver. And whoever fears God, He will make matters ease for him, in this world and in the Hereafter. (Tafsir al-Jalalayn; bold and underline emphasis ours)

*13 They may not have menstruated as yet either because of young age, or delayed menstrual discharge as it happens in the case of some women, or because of no discharge at all throughout life which, though rare, may also be the case. In any case, the waiting-period of such a woman is the same as of the woman, who has stopped menstruation, that is three months from the time divorce was pronounced.

Here, one should bear in mind the fact that according to the explanations given in the Qur'an the question of the waiting period arises in respect of the women with whom marriage may have been consummated, for there is no waiting-period in case divorce is pronounced before the consummation of marriage. (Al-Ahzab: 49). Therefore, making mention of the waiting-period for the girls who have not yet menstruated, clearly proves that it is not only permissible to give away the girl in marriage at this age but it is also permissible for the husband to consummate marriage with her. Now, obviously no Muslim has the right to forbid a thing which the Qur'an has held as permissible. (Maududi, volume 5, p. 620, note 13: *; *; bold emphasis added)

The `Iddah of Those in Menopause and Those Who do not have Menses

Allah the Exalted clarifies the waiting period of the woman in menopause. And that is the one whose menstruation has stopped due to her older age. Her `Iddah is three months instead of the three monthly cycles for those who menstruate, which is based upon the Ayah in (Surat) Al-Baqarah. [see 2:228] The same for the young, WHO HAVE NOT REACHED THE YEARS OF MENSTRUATION. Their `Iddah is three months like those in menopause. This is the meaning of His saying…

Supporting this view is what is reported from Ubay bin Ka`b that he said, "O Allah's Messenger! Some women were not mentioned in the Qur'an, THE YOUNG, the old and the pregnant."' Allah the Exalted and Most Honored sent down this Ayah…

<Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses. And for those who are pregnant, their `Iddah is until they lay down their burden.> Ibn Abi Hatim recorded a simpler narration than this one from Ubay bin Ka`b who said, "O Allah's Messenger! When the Ayah in Surat Al-Baqarah was revealed prescribing the `Iddah of divorce, some people in Al-Madinah said, `There are still some women whose `Iddah has not been mentioned in the Qur'an. There are THE YOUNG, the old whose menstruation is discontinued, and the pregnant.' Later on, this Ayah was revealed …

<Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses.>" … (Tafsir Ibn Kathir; capital and underline emphasis ours)

XXXIX. A man giving his YOUNG CHILDREN in marriage

By the words of Allah, "that also applies to those who have not yet menstruated" (65:4) and He made the 'idda of a girl BEFORE PUBERTY three months.

4840. It is related from 'A'isha that the Prophet, may Allah bless him and grant him peace, married her when she was six years old and consummated it when she was nine, and she was his wife for nine years. (Aisha Bewley, The Sahih Collection of Al-Bukhari, Chapter 70. Book of Marriage; capital emphasis ours)

(39) CHAPTER. Giving one’s YOUNG CHILDREN in marriage (is permissible).

By virtue of the Statement of Allah: "…and for those who have no (monthly) courses (i.e. THEY ARE STILL IMMATURE) …" (v. 65:4)

And the ‘Idda for the girl BEFORE PUBERTY is three months (in the above Verse).

5133. Narrated ‘Aishah that the Prophet wrote the marriage contract with her when she was six years old and he consummated his marriage when she was nine years old, and then she remained with him for nine years (i.e. till his death). (The Translation of the Meanings of Sahih Al-Bukhari, translated by Dr. Muhammad Muhsin Khan [Darussalam Publishers & Distributors, Riyadh – Saudi Arabia, July 1997], Volume 7, Ahadith 5063 to 5969, 67 – Book of An-Nikah (The Wedlock), p. 57; capital emphasis ours)

Chapter 13. Marriage OF MINOR GIRLS Arranged By Their Fathers.

1876. It was narrated that ‘Aishah said: "The Messenger of Allah married me when I was six years old. Then we came to Al-Madinah and settled among Banu Harith bin Khazraj. I became ill and my hair fell out, then it grew back and became abundant. My mother Umm Ruman came to me while I was on an Urjuhah with some of my friends, and called for me. When I got my breath back, she took some water and wiped my face and head, and led me into the house. There were some of women of the Ansar inside the house, and they said: ‘With the blessings and good fortune (from Allah).’ (My mother) handed me over to them and they tidied me up. And suddenly I saw the Messenger of Allah in the morning. And she handed me over to him, and I was at that time, nine years old." (Sahih)

Comments:

a. The marriage bond of a girl who is not yet adult (HAS NOT REACHED THE AGE OF PUBERTY) IS PERFECTLY VALID IN ISLAM.

b. Urjuhah refers to both, a swing and a seesaw; it is a long piece of wood, its middle is placed at a high place and the children sit on both ends, when its one side goes down the other side goes up; it is called seesaw in English. (Sunan Ibn Majah - Compiled by Imam Muhammad Bin Yazeed Ibn Majah Al-Qazwini, From Hadith No. 1783 to 2718, Ahadith edited and referenced by Hafiz Abu Tahir Zubair 'Ali Za'i, translated by Nasiruddin al-Khattab (Canada), final review by Abu Khaliyl (USA) [Darussalam Publications and Distributors, First Edition: June 2007], Volume 3, The Chapters on Marriage, pp. 76-77; capital and underline emphasis ours)

Narrated Anas bin Malik:
A group of eight men from the tribe of 'Ukil came to the Prophet and then they found the climate of Medina unsuitable for them. So, they said, "O Allah's Apostle! Provide us with some milk." Allah's Apostle said, "I recommend that you should join the herd of camels." So they went and drank the urine and the milk of the camels (as a medicine) till they became healthy and fat. Then they killed the shepherd and drove away the camels, and they became unbelievers after they were Muslims. When the Prophet was informed by a shouter for help, he sent some men in their pursuit, and before the sun rose high, they were brought, and he had their hands and feet cut off. Then he ordered for nails which were heated and passed over their eyes, and they were left in the Harra (i.e. rocky land in Medina). They asked for water, and nobody provided them with water till they died (Abu Qilaba, a sub-narrator said, "They committed murder and theft and fought against Allah and His Apostle, and spread evil in the land.") (Sahih al-Bukhari, Volume 4, Book 52, Number 261)

4039. It was narrated from Anas that some people from 'Uraynah camped in Al-Harrah and came to the Messenger of Allah. The climate of Al-Madinah did not suit them, so the Messenger of Allah told them to go and stay near the camels that had been given in Sadaqah, and to drink their milk and urine. Then they killed the herdsman and apostatized from Islam, and drove off the camels. The Messenger of Allah sent (men) after them, who brought them, then he had their hands and feet cut off, and their eyes gouged out, and left them in Al-Harrah. Anas said: "I saw one of them BITING AT THE GROUND FROM THIRST, until they died." (Sahih) (The English Translation of Sunan An-Nasa'i - Compiled by Imam Hafiz Abu Abdur Rahman Ahmad bin Shu'ab bin 'Ali An-Nasa'i, Ahadith edited & referenced by Hafiz Abu Tahir Zubair 'Ali Za'i, translated by Nasiruddin al-Khattab (Canada), final review by Abu Khaliyl (USA) [Darussalam Publishers and Distributors, First Edition: January 2008], Volume 5. From Hadith No. 3971 to 4987, 37. The Book of Fighting [The Prohibition of Bloodshed], Chapter 8. Mentioning The Differences Reported From Humaid, From Anas Bin Malik, p. 50; capital and underline emphasis ours)

Narrated Abu al-Zinad:
When the Apostle of Allah cut off (the hands and feet of) those who had stolen his camels and he had their eyes put out by fire (heated nails), ALLAH REPRIMANDED HIM ON THAT (ACTION), and Allah, the Exalted, revealed: "The punishment of those who wage war against Allah and His Apostle and strive with might and main for mischief through the land is execution or crucifixion." (Sunan Abu Dawud, Book 38, Number 4357)

4047. It was narrated by Abu az-Zinad that the Messenger of Allah had the (hands and feet) of those who drove off his camels cut off, and their eyes gouged with fire. ALLAH REBUKED HIM FOR THAT, and Allah, Most High, revealed the entire verse: "The recompense of those who wage war against Allah and His Messenger." (Da'if) (Sunan An-Nasa'i, Chapter 9. Mentioning The Differences Reported By Talha Bin Musarrif and Mu'awiyah Bin Salih From Yahya Bin Sa'eed In This Hadith, p. 54; capital and underline emphasis ours)