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Saturday, July 25, 2015

Plural marriage and fair treatment of co-wives, Dought & clear, - * One of the wives is seeking the help of un just laws to cause harm to the other wife; what is the ruling?

I am the second wife of a righteous man, and I love him very much.
Since weve got married, his first wife has thrown him out, and demands
to be divorced. She has a terrible temper and jealosy, which makes it
basicly impossible for her to accept this marriage. She demands him to
divorce me, and he does'nt have the niya to do this. She has asked the
kafir government for help, and even the police.
When she accepts, she says that she will have 3 days, and I will have
1 day . My husband works 8 hours a day so this gives me basically 8
hours with my husband before he has to go to her for her 3 days again.
Sometimes she puts the condition of me having 1 day and she has to
have 2 days and my husband wants me to accept this so that she doesn't
divorce him. its hard for me as my heart is not content with this. I
have given up so many rights as it is so that she might come back to
him. She says that he has kids with her therefore she has right to
more days. wallahi this is opression . I dont have any other option
than accepting this in order for her not to divorce him. what advice
could you give me? it hurts so much. Many brothers have been tested
with divorce, and if that is his qadr he should accept it. oppressing
my rights will not give him sweetness in his first marriage.
Praise be to Allah.
Firstly:
Undoubtedly if one of the wives, whether it is the first wife or
otherwise, strives to bring about the divorce of the other wife, that
is haraam and is striving for the sake of falsehood, and for that
which angers the Most Merciful and pleases the Shaytaan. This comes
under the heading of covetousness and selfishness. Allah, may He be
glorified and exalted, says (interpretation of the meaning):"And
whosoever is saved from his own covetousness, such are they who will
be the successful" [al-Hashr 59:9]. This indicates that the one who is
motivated by covetousness and pursues his whims and desires is a
loser.
It also comes under the heading of thinking negatively of Allah, may
He be glorified and exalted, and of weak faith in His will and decree,
for all provision is in the hand of Allah, including the love of a
husband for his wife, the time he spends with her, and his interest in
her. All of that is included in the provision that is granted by
Allah, and that which is with Allah cannot be attained by disobeying
Him.
Al-Bukhaari (5152) and Muslim (1408) narrated from Abu Hurayrah (may
Allah be pleased with him) that the Prophet (blessings and peace of
Allah be upon him) said: "It is not permissible for a woman to ask for
her sister to be divorced so as to deprive her of what is rightfully
hers and take it for herself; rather she will have what has been
decreed for her."
Ibn 'Abd al-Barr (may Allah have mercy on him) said:
From this report we understand that it is not appropriate for a woman
to ask her husband to divorce her co-wife so that she can have him to
herself; rather she will have what has already been decreed for her,
and the divorce of her co-wife will not detract anything from that
which has been decreed for her, or add to it.
Al-Akhfash said: It is as if he meant that she seeks to deprive her of
her husband's goodness so that she can have it all to herself.
Abu 'Umar said: This hadith is one of the best hadiths about the
divine decree, according to the scholars who have knowledge of the
Sunnah. It indicates that no one will obtain anything except that
which has been decreed for him.
Allah, may He be glorified and exalted, says (interpretation of the
meaning):"Say: 'Nothing shall ever happen to us except what Allah has
ordained for us'" [at-Tawbah9:51]. So this matter is quite clear to
the one whom Allah has guided, praise be to Allah.
End quote fromat-Tamheed(18/165)
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said:
This indicates that it is emphatically prohibited for a woman to seek
the divorce of a co-wife, and emphasises that she should be content
with whatever Allah has decreed for her.
End quote fromFath al-Baari(9/127)
Secondly:
Undoubtedly her efforts to harm her husband, and her seeking help from
the kaafir police against him are also obviously haraam. It is not
permissible for a woman who believes in Allah and the Last Day to do
such a thing, which is the result of the Shaytaan toying with her.
The same applies to her efforts to cause harm to her co-wife with
regard to division of the husband's time, and to make the husband give
her less than is her right, or to make him incline towards the first
wife, either for fear of her efforts to seek divorce from him, relying
on the kaafir laws that will help her to do that, or to put pressure
on the husband because of his children, or other similar reasons, or
abusing other weak points that she sees in her husband and is
exploiting in order to get something that is not permissible for her,
such as her husband being more inclined towards her or favouring her
with regard to division of his time, or trying to bring about the
divorce of her co-wife.
The Messenger of Allah (blessings and peace of Allah be upon him)
said: "Whoever harms others, Allah will harm him, and whoever causes
hardship to others Allah will cause hardship to him."
Narrated by Imam Ahmad (15755), Abu Dawood (3635), at-Tirmidhi (1940)
and Ibn Maajah (2342); classed as saheeh by al-Albaani.
It is not permissible for the husband to respond to her covetousness
or her wishes; rather he must strive to treat his wives equitably as
much as he can. However we do not think that he should let the matter
go as far as divorce; rather he should try to ward that off and put
things straight, and he should be keen to keep his wife and look after
his children, and spare them from living without a father, especially
in that kaafir land.
If it is not possible for him to treat his wives equitably, because of
the circumstances mentioned, or for other reasons that may prevent him
from doing that, then we do not advise you to let your relationship
with your husband reach the level of all or nothing, by saying "Either
me or her", or "Either give me my rights in full or divorce me," or
"Either this or that," and so on.
Rather the wise person tries to achieve the best of two options and
ward off the greater of two evils, to achieve whatever he can of that
which serves the best interests and ward off whatever he can of harm,
to the best of his ability.
Undoubtedly staying with a husband whom you love and he loves you, and
who finds comfort in you and you in him, even if that is once every
three or four days, is better for you than striving to seek divorce
and live without a husband, especially in a country like yours.
The worst-case scenario is: imagine if your husband had four wives,
not just two, what would you do? Would you ask him to divorce all his
other wives, so that he would have more time for you, as his first
wife is doing? Or what would you do?
Be tolerant with your husband and give him a break, so that he can
manage the situation and solve the problem, for kindness is never
introduced into a thing but it makes it more fair-seeming, and it is
never removed from a thing but it makes it ill-seeming. When Allah
wills good for the people of a household, He introduces kindness among
them, and if He wills ill for them, He removes kindness from among
them. Faith is based on two strong foundations: patience and
tolerance. Patience enables a man to bear what he faces of the pains
and troubles of life, and helps him to cope with religious duties, and
to resist the whims and desires of the self and natural impulses.
Through tolerance one will be able to show one's good side and will be
able to resist whims and desires, and will strive to purify oneself
and increase one's faith.
May Allah make things easy for you, set things straight between you
and your husband, suffice you against the evil of that which is
worrying you, and reconcile you and your husband on the basis of the
best of that which Allah loves and is pleased with.
And Allah knows best.

Plural marriage and fair treatment of co-wives, Dought & clear, - * The attitudes of the Messenger of Allah (blessings and peace of Allah be upon him) towards his wives and his good treatment of them

It was narrated from Sayyidah 'Aa'ishah (may Allah be pleased with
her) that she said: The Messenger of Allah (blessings and peace of
Allah be upon him) came to me when it was not my day. He knocked at
the door and I heard his knock, then I went out and opened the door
for him, and he said: "Did you not hear me knock?" I said: Yes, but I
wanted the other wives to know that you came to me on a day other than
my day. Abu Bakr ibn Abi Shaybah narrated to us: Shabaabah ibn Siwaar
narrated to us: Sulaymaan ibn al-Mugheerah narrated to us, from
Thaabit, from Anas, who said: The Prophet (blessings and peace of
Allah be upon him) had nine wives, and when he divided his time among
them, he did not come back to the first one until the ninth day. Every
night they used to gather in the house of the one whose night it was.
He was in 'Aa'ishah's house, and Zaynab came and he reached out his
hand towards her. 'Aa'ishah said: This is Zaynab, and the Prophet
(blessings and peace of Allah be upon him) withdrew his hand.
My question is: why did the Messenger (blessings and peace of Allah be
upon him) come to Sayyidah 'Aa'ishah when it was not her day, whereas
in the second hadith it says that he did not shake hands with Sayyidah
Zaynab so as to please Sayyidah 'Aa'ishah because it was her day? It
was narrated that 'Aa'ishah said: The wives of the Prophet (blessings
and peace of Allah be upon him) sent his daughter Faatimah to him. She
asked for permission to enter upon him when he was lying down with me
under my cover, and he gave her permission. She said: O Messenger of
Allah, your wives have sent me to you to ask you to be just with
regard to the daughter of Abu Quhaafah (i.e., Abu Bakr). I ['Aa'ishah]
kept quiet. The Messenger (blessings and peace of Allah be upon him)
said to her: "O my daughter, do you not love that which I love?" She
said: Of course. He said: "Then love this one" – i.e., 'Aa'ishah.
Faatimah got up when she heard that from her father, and she went back
to the wives of the Prophet (blessings and peace of Allah be upon him)
and told them what the Messenger of Allah (blessings and peace of
Allah be upon him) had said to her. They said to her: We do not think
that you have helped us in any way. Go back to the Messenger of Allah
and say to him: Your wives adjure you to be just with regard to the
daughter of Abu Quhaafah. Faatimah said: By Allah, I will never speak
to him about her. Then the wives of the Prophet (blessings and peace
of Allah be upon him) sent Zaynab bint Jahsh – who was the one who was
the closest of them to me in status, i.e., in terms of beauty and the
love of the Messenger for her. She asked permission to enter upon the
Messenger of Allah (blessings and peace of Allah be upon him) when the
Messenger of Allah (blessings and peace of Allah be upon him) was with
'Aa'ishah beneath her cover, as he was when Faatimah had come in. The
Messenger of Allah (blessings and peace of Allah be upon him) gave her
permission and she said: O Messenger of Allah, your wives have sent me
to you to ask you to be just with regard to the daughter of Abu
Quhaafah. … 'Aa'ishah said: Then she showed harshness towards me and
insulted me, and I was watching the Messenger of Allah (blessings and
peace of Allah be upon him) to see if he would allow me to respond.
This went on until I realized that the Messenger would not object if I
responded. When I started responding, I answered back to everything
that she had said, until I got the upper hand. And the Messenger of
Allah (blessings and peace of Allah be upon him) said, smiling, "She
is the daughter of Abu Bakr."
My question is: I know that what is meant by their asking for justice
was justice with regard to emotion, but that was beyond the control of
the Messenger; rather that was in the hand of Allah, may He be
glorified… But why did the Messenger (blessings and peace of Allah be
upon him) take the side of Sayyidah 'Aa'ishah instead of trying to
reassure his other wives?
Praise be to Allah.
Firstly:
The Prophet (blessings and peace of Allah be upon him) treated his
wives well, give them good company and was dignified. He used to sit
with them, keep them company, talk to them, chat with them at night
and treat them fairly in every way he could.
There happened between his wives, who were the mothers of the
believers (may Allah be pleased with them), that which usually happens
between co-wives, but nevertheless they would soon calm down and go
back to their usual way of conduct, which was based on faith,
restraint, dignity and religious commitment.
What a believing woman may say or do out of jealousy may be tolerated,
in contrast to others, because of her faith and because she will go
back to her original way of good character and religious commitment.
In fact, when the believer who is pious and pure of heart reads the
verse in which Allah, may He be exalted, says (interpretation of the
meaning):"The Prophet is closer to the believers than their ownselves,
and his wives are their (believers') mothers" [al-Ahzaab 33:6], he
will adhere to proper etiquette and protect his inner thoughts lest
they be overtaken by insinuating thoughts and bad ideas. Do you not
see how a man behaves with his mother, compromising a great deal,
overlooking a great deal, and not picking on every word she says and
every action she does? The Messenger of Allah (blessings and peace of
Allah be upon him) and the members of his household are more deserving
of all respect and veneration, and are deserving of all good treatment
and attitudes.
Secondly:
With regard to the hadith narrated from 'Aa'ishah (may Allah be
pleased with her), according to which she said: The Messenger of Allah
(blessings and peace of Allah be upon him) came to me when it was not
my day. He knocked at the door and I heard his knock, then I went out
and opened the door for him, and he said: "Did you not hear me knock?"
I said: Yes, but I wanted the other wives to know that you came to me
on a day other than my day,
This hadith was quoted by adh-Dhahabi inSiyar A'laam an-Nubala'(2/174)
via Ahmad ibn 'Ubaydullah an-Nursi: Yahya al-Khawwaas narrated to us:
Muhaadir narrated to us, from Hishaam ibn 'Urwah, from his father,
from 'Aa'ishah.
This is a da'eef isnaad and cannot be used as evidence.
Shaykh 'Abd al-Qaadir al-Arna'oot (may Allah have mercy on him) said
in his commentary onas-Siyar:
Yahya al-Qawwaas: I did not find any biography for him. Muhaadir is
Ibn al-Moori'. Abu Haatim said concerning him: He is not strong. Imam
Ahmad said: He was very naïve. End quote.
Such a report is not reliable and cannot be quoted as evidence.
With regard to the second hadith, it was narrated by Muslim (1462)
from Anas (may Allah be pleased with him), who said: The Prophet
(blessings and peace of Allah be upon him) had nine wives, and when he
divided his time among them, he did not come back to the first one
until the ninth day. Every night they used to gather in the house of
the one whose night it was. He was in 'Aa'ishah's house, and Zaynab
came and he reached out his hand towards her. 'Aa'ishah said: This is
Zaynab, and the Prophet (blessings and peace of Allah be upon him)
withdrew his hand. They argued and raised their voices, and the
iqaamah for prayer was given. Abu Bakr came past at that point and
heard their voices, so he said: Come out for the prayer, O Messenger
of Allah, and throw dust in their mouths. The Prophet (blessings and
peace of Allah be upon him) came out, and 'Aa'ishah said: Now the
Prophet (blessings and peace of Allah be upon him) will finish his
prayer and come, and Abu Bakr will come and do such and such to me.
When the Prophet (blessings and peace of Allah be upon him) had
finished his prayer, Abu Bakr came to her and spoke sternly to her,
and said: Do you behave like this?
An-Nawawi (may Allah have mercy on him) said:
This gathering took place with their consent.
With regard to him reaching out his hand towards Zaynab, and 'Aa'ishah
saying: This is Zaynab, it was said that this action was not
deliberate; rather he thought that she was 'Aa'ishah, whose turn it
was, because that was at night and there were no lamps in the houses.
And it was suggested that that was with their consent.
In this hadith we see the good conduct of the Prophet (blessings and
peace of Allah be upon him) and his gentleness towards all.
Al-Bukhaari (2581) and Muslim (2442) narrated from 'Aa'ishah (may
Allah be pleased with her) that she said: The wives of the Prophet
(blessings and peace of Allah be upon him) sent Faatimah the daughter
of the Messenger of Allah (blessings and peace of Allah be upon him)
to the Messenger of Allah (blessings and peace of Allah be upon him).
She asked permission to enter when he was lying down with me under my
cover, and he gave her permission. She said: O Messenger of Allah,
your wives have sent me to you to ask you to be just with regard to
the daughter of Abu Quhaafah.
I ['Aa'ishah] kept quiet.
The Messenger of Allah (blessings and peace of Allah be upon him) said
to her: "O my daughter, do you not love that which I love?"
She said: Of course.
He said: "Then love this one."
Faatimah got up when she heard that from the Messenger of Allah
(blessings and peace of Allah be upon him), and she went back to the
wives of the Messenger of Allah (blessings and peace of Allah be upon
him) and told them what she had said and what the Messenger of Allah
(blessings and peace of Allah be upon him) had said to her. They said
to her: You have been of no avail for us. Go back to the Messenger of
Allah (blessings and peace of Allah be upon him) and say to him: Your
wives adjure you to be just with regard to the daughter of Abu
Quhaafah.
Faatimah said: By Allah, I will never speak to him about her.
'Aa'ishah said: The wives of the Prophet (blessings and peace of Allah
be upon him) sent Zaynab bint Jahsh, the wife of the Prophet
(blessings and peace of Allah be upon him), who was the one who was
the closest of them to me in status before the Messenger of Allah
(blessings and peace of Allah be upon him). I have never seen any
woman who was better in religious commitment than Zaynab, more fearing
of Allah, more truthful in speech, more keen to uphold family ties,
more generous in giving charity, or more keen to draw close to Allah,
but she had a quick temper, although she would calm down quickly.
She asked permission to enter upon the Messenger of Allah (blessings
and peace of Allah be upon him) when the Messenger of Allah (blessings
and peace of Allah be upon him) was with 'Aa'ishah beneath her cover,
as he was when Faatimah had come in. The Messenger of Allah (blessings
and peace of Allah be upon him) gave her permission and she said: O
Messenger of Allah, your wives have sent me to you to ask you to be
just with regard to the daughter of Abu Quhaafah.
Then she showed harshness towards me and insulted me, and I was
watching the Messenger of Allah (blessings and peace of Allah be upon
him) to see if he would allow me to respond.
Zaynab kept going until I realized that the Messenger of Allah
(blessings and peace of Allah be upon him) would not object if I
responded.
When I started responding, I answered back to everything that she had said.
And the Messenger of Allah (blessings and peace of Allah be upon him)
said, smiling, "She is the daughter of Abu Bakr."
The questioner asked: But why did the Messenger (blessings and peace
of Allah be upon him) take the side of Sayyidah 'Aa'ishah instead of
trying to reassure his other wives?
The answer is:
Because she had not done anything or initiated anything; and he was in
her house, under her cover, on her day; and he knew that the reason
for this was no more than jealousy. Because of his good attitude and
kind treatment, he (blessings and peace of Allah be upon him) put up
with that from them.
What was meant by his words, "She is the daughter of Abu Bakr" when he
(blessings and peace of Allah be upon him) was smiling, was that she
was his daughter and resembled him in strength of character and mature
thinking. Al-Haafiz said: That is, she was dignified, intelligent and
wise, like her father.
End quote fromFath al-Baari(5/207).
An-Nawawi said:
This was a reference to her perfect understanding and good insight.
End quote fromSharh an-Nawawi 'ala Muslim(15/207)
She did not start to answer back her sister until after she
ascertained that the Prophet (blessings and peace of Allah be upon
him) would not be upset by that.
As Zaynab (may Allah be pleased with her) was the one who had started
it, the fact that the Prophet (blessings and peace of Allah be upon
him) gave 'Aa'ishah permission to answer back was the means of
achieving justice between his wives. If he (blessings and peace of
Allah be upon him) had not allowed her to answer her sister back, soon
the ignorant would have said: This is not fair! Why did he not let her
answer her back?
An-Nawawi (may Allah have mercy on him) said:
This indicates that she stood up for herself and answered back, and he
did not tell her not to do that.
End quote fromSharh an-Nawawi 'ala Muslim(15/207)
Al-Haafiz ibn Hajar said:
An-Nasaa'i and Ibn Maajah narrated with a hasan isnaad via at-Taymi
from 'Urwah that 'Aa'ishah said:
Zaynab bint Jahsh entered upon me and reviled me, and the Prophet
(blessings and peace of Allah be upon him) told her to stop, but she
refused. So he said to me: "Revile her." So I reviled her.
End quote fromFath al-Baari(5/99)
Conclusion:
The questioner and others should understand that the Messenger of
Allah (blessings and peace of Allah be upon him) was the best and
kindest of people towards his family, and the closest of people to
justice and fairness in all things, both minor and major. Think about
his response (blessings and peace of Allah be upon him) to that
ill-mannered hypocrite, when he objected to the way in which the
Messenger of Allah (blessings and peace of Allah be upon him) had
shared out some wealth, and he said to him: O Messenger of Allah, be
just! He (blessings and peace of Allah be upon him) said: "Woe to you!
who will be just if I am not just? You would be lost and doomed if I
was not just."
Once the questioner has understood something of what the scholars
said, explaining the good conduct and good attitude of the Prophet
(blessings and peace of Allah be upon him) and his good treatment of
others, what he must now do is avoid overstepping the mark, failing to
see the beautiful conduct of the Prophet (blessings and peace of Allah
be upon him), and opening the door to suspicion and speculation.
If he does not understand something or it is not clear to him, then he
should bear a general principle in mind: Woe to you! Who will be just,
if the Messenger of Allah was not just?!
Who is closer to doing what is right, if not the Messenger of Allah
(blessings and peace of Allah be upon him)?!
And Allah knows best.