Plural marriage and fair treatment of co-wives, Dought & clear, - * Should he allocate time to a wife who is menstruating or in nifaas?

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Should a man who has more than one wife to consider his menstruating wife or who has post-natal bleeding when he divides his time among his wives?.
Praise be to Allaah.
The basic principle is that it is obligatory to divide his time between both, based on the principle of justice between co-wives.
But the custom in many countries is that when a woman gives birth, she stays with her mother for forty days or less, so that her mother can look after her, or her mother may come and look after her in her own house. In either case, he is not obliged to allocate some time to her, and she may agree to waive her right to a share of his time.
Shaykh ‘Abd al-Rahmaan ibn Naasir al-Sa’di (may Allaah have mercy on him) was asked: Is it obligatory to allocate a share of time to a wife who is menstruating or in nifaas?
He replied:
The well known view in our madhhab (the madhhab of Imam Ahmad) is that he must allocate a share of time to each of them, because they are both wives. But the correct view which should be applied is that the menstruating wife has a right to a share of his time, but in the case of one who is in nifaas, she does not have a right to a share of his time according to custom and because the woman in this situation usually agrees to give up that right; in fact in most cases whilst a woman is still in nifaas she does not want a share of her husband’s time and this is a view in our madhhab. End quote.
Fataawa al-Mar’ah al-Muslimah(2/693).
And Allaah knows best.

- PUBLISHERNajimudeeN M

Plural marriage and fair treatment of co-wives, Dought & clear, - * His wife and her family accused him of having something wrong with his mind; should he take a second wife?

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I am 24 years old and I got married a year ago. My marriage lasted only 6 months, after which my wife’s family accused me of being mentally ill. I proved that this was not the case with the help of a government psychiatrist. This is happening to me because my wife’s family is accusing me and she is agreeing with them, may Allaah forgive her. What should I do? Should I take another wife? Please note that the problem with my wife has been referred to the court and divorce proceedings are under way. If I get married [to a second wife] now, will there be any sin on me?.
Praise be to Allaah.
Proof that a person is in good mental health and treats others well does not require the testimony of a doctor. What matters is what people see of a man, not the papers he produces.
Hence if the accusations of your wife’s family are based on things that they have seen you do or words that they have heard you speak, then they may have a reason. You have to sort yourself out and mend your ways so that there will be nothing for others to judge you by.
If what they said about you has no real basis, rather it is false and sinful testimony, then we think that you should advise them and explain to them that their false accusation against you is sinful, and tell them how that has caused division between you and your wife. If they recant, then all well and good, otherwise you should shun them, and not let them visit you or let your wife visit them, lest they turn her against you.
With regard to your intention of taking a second wife, what we advise you is to wait and to examine the real motive for that, because often in such cases the decision is based on the desire for revenge against the first wife and her family because of the trouble they caused, and usually when a man marries with this attitude it leads to trouble for the second wife too, if the husband has not set things straight with his first wife and her family.
If you have not set things straight between you and your wife and her family, we think that if you want to take a second wife, you should let the first wife go and divorce her, or you can keep the first wife if you intend to keep both wives if Allaah guides her (the first wife). We also advise you to have a good intention and try to do the right thing, for Allaah says concerning spouses between whom there are difficulties (interpretation of the meaning):
“if they both wish for peace, Allaah will cause their reconciliation. Indeed Allaah is Ever All‑Knower, Well‑Acquainted with all things”
[al-Nisa’ 4:35]
We advise you to fear Allaah with regard to every step you take and not to let this problem cause you to treat her unjustly or to keep reminding her of mistakes that she made but that she has apologized for.
We ask Allaah to set your affairs straight and to make it easy for both of you to do the right thing. And Allaah is the Source of strength.

- PUBLISHERNajimudeeN M

Fwd: Scholar Alert - [ Hipertention, Diabetic foot syndrome ]

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Date: Thu, 10 Sep 2015 04:06:15 +0000
Subject: Scholar Alert - [ Hipertention, Diabetic foot syndrome ]
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Scholar Alert: [ Hipertention, Diabetic foot syndrome ]

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Saheeh (sound) hadeeths, Dought & Clear, - * Is naad of the hadeeth,“Whatever Allaah has permitted in His Book is halaal” and the ruling there on

mwb

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My question is about a hadeeth – “Whatever Allaah has permitted in His Book is halaal, whatever He has forbidden is haraam, and whatever He was silent about is pardoned, so accept the pardon of Allaah, for Allaah was not forgetful. Then he recited this verse: ‘and your Lord is never forgetful’ [Maryam 19:64].” This hadeeth was classed as saheeh by Shaykh al-Albaani (may Allaah have mercy on him) in al-Silsilah al-Saheehah (5/325), and classed as hasan on p. 14 of Ghaayat al-Maraam.
But according to the website al-Durar al-Sunniyyah many things were said about this hadeeth, such as: its isnaad is very weak (da’eef jiddan) although its meaning is sound; its isnaad is good; its isnaad is saheeh; it is saheeh mawqoof and may be regarded as hasan because of corroborating marfoo’ reports; its isnaad includes Sayf ibn Haroon al-Barjami who was classed as da’eef by a number of scholars, but Abu Na’eem classed him as thiqah (trustworthy); it is da’eef.
Shaykh Abu Ishaaq al-Huwayni said in his website that it is da’eef (weak). What is your opinion about this hadeeth? Is it valid for us to quote it as evidence?
Should we ignore the ahaadeeth concerning which the scholars’ opinions differed?.
Praise be to Allaah.
Firstly: This hadeeth was narrated in similar versions from a number of the Sahaabah (may Allaah be pleased with them), as follows:
1 – It was narrated from Abu’l-Darda’ (may Allaah be pleased with him) in a marfoo’ report: “Whatever Allaah has permitted in His Book is halaal, whatever He has forbidden is haraam, and whatever He was silent about is pardoned, so accept the pardon of Allaah, for Allaah was not forgetful. Then he recited this verse:‘and your Lord is never forgetful’ [Maryam 19:64].”
Narrated by al-Daaraqutni in hisSunan(2/137); al-Haakim inal-Mustadrak(2/406 and 10/12); al-Tabaraani inMusnad al-Shaamiyeen(3/209) through a number of isnaads from ‘Aasim ibn Raja’ ibn Haywah from his father from Abu’l-Darda’ from the Prophet (peace and blessings of Allaah be upon him).
This isnaad is munqati’ (interrupted), as there is a clear gap between Raja’ ibn Haywah and Abu’l-Darda’, as Raja’ died in 112 AH and Abu’l-Darda’ died in 32 AH.
Ibn Hajar said in his biography of Raja’ ibn Haywah inTahdheeb al-Tahdheeb(3/229): His reports from Abu’l-Darda’ are mursal. End quote.
Al-Dhahabi (may Allaah have mercy on him) said concerning this hadeeth: Its isnaad is munqati’. End quote.
Al-Muhadhdhab fi Ikhtisaar al-Sunan al-Kubraby al-Bayhaqi (8/3975).
Al-Mu’allimi (may Allaah have mercy on him) said likewise inal-Anwaaral-Kaashifah(301).
2 – It was narrated from Salmaan al-Faarisi in the words: “The Messenger of Allaah (peace and blessings of Allaah be upon him) was asked about ghee, cheese and wild donkeys. He said: ‘The halaal is that which Allaah has permitted in His Book and the haraam is that which Allaah has forbidden in His Book, and whatever He was silent about is pardoned.’”
Narrated by al-Tirmidhi (1726); Ibn Maajah (3367); al-Haakim inal-Mustadrak(4/129); and from him by al-Bayhaqi inal-Kubra(9/320 and 10/12). It was narrated by al-Tabaraani inal-Kabeer(6/250) via Sayf ibn Haroon al-Barjami from Sulaymaan al-Taymi from Abu ‘Uthmaan from Salmaan.
Al-Mazzi said inTahdheeb al-Kamaal(8/255): Its isnaad includes Sayf ibn Haroon. Ibn Ma’een said: That is not the case. Al-Nasaa’i said: He is da’eef (weak). Al-Daaraqutni said: He is da’eef matrook (weak, rejected). End quote.
Al-Tirmidhi said: This is a ghareeb hadeeth which we do not know in any marfoo’ report except via this isnaad. Sufyaan and others narrated these words from Sulaymaan al-Taymi from Abu ‘Uthmaan from Salmaan. It is as if the mawqoof hadeeth is more sound. I asked al-Bukhaari about this hadeeth and he said: I do not think it is known. Sufyaan narrated from Sulaymaan al-Taymi from Abu ‘Uthmaan from Salmaan in a mawqoof report. Al-Bukhaari said: Sayf ibn Haroon is muqaarib al-hadeeth. End quote.
Ibn Abi Haatim said in‘Ilal al-Hadeeth(2/10):
My father said: This is a mistake. It was narrated by trustworthy narrators from al-Taymi from Abu ‘Uthmaan from the Prophet (peace and blessings of Allaah be upon him) in a mursal report which does not include Sulaymaan, and this is what is correct. End quote.
Ahmad said: It is munkar, and it was also classed as munkar by Ibn Ma’een.
This was quoted by Ibn Rajab inJaami’ al-‘Uloom wa’l-Hukam(2/69).
Shaykh al-Albaani said inal-Ta’leeqaat al-Radiyyah(3/54):
Its isnaad is very weak (da’eef jiddan), but its meaning is sound. End quote.
3 – It was narrated from Abu Tha’labah al-Khushani (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah has enjoined obligations so do not neglect them, and He has set limits so do not transgress them, and He has declared some things forbidden so do not violate them, and He has remained silent about some things out of mercy to you, not because He forgot, so do not ask about them.”
Narrated by a number of scholars, all via Dawood ibn Abi Hind from Mak-hool from Abu Tha’labah.
They differed concerning Dawood ibn Abi Hind.
Hafs ibn Ghiyaath narrated it in a mawqoof report as noted by al-Bayhaqi (10/12); Yazeed ibn Haroon agreed with him as was mentioned by al-Daaraqutni inal-‘Ilal(6/324).
It was also narrated by ‘Ali ibn Mas-har in a marfoo’ report as recorded by al-Bayhaqi inal-Kubra(10/12); and by Ishaaq al-Azraq as noted by al-Daaraqutni (4/184); and by Muhammad ibn Fudayl as noted by al-Daaraqutni inal-‘Ilal(6/324).
Ibn Rajab said inJaami’ al-‘Uloom wa’l-Hakam(2/68):
It has two faults:
1 – There is no proof that Mak-hool heard from Abu Tha’labah, This was stated by Abu Shahr al-Dimashqi, Abu Na’eem al-Haafiz and others.
2 – There is a difference of opinion concerning his marfoo’ and mawqoof reports from Abu Tha’labah. Some of them narrated it from Mak-hool from his words, but al-Daaraqutni said inal-‘Ilal(6/324): What is more likely to be correct is that they are marfoo’. He said: And this is more well known. End quote.
Ibn Hajar said: Its men are thiqaat (trustworthy) but it is munqati’ (interrupted). End quote.Al-Mataalib al-‘Aaliyah(3/271).
Al-Dhahabi said: Munqati’ (interrupted).Al-Muhadhdhab(8/3976).
Al-Albaani said: There is some interruption in its isnaad. End quote.Tahqeeq Riyadh al-Saaliheen(1841).
Conclusion: The isnaads of this hadeeth are not free of weakness, but can it be regarded as strong when they are taken all together?
Some of the scholars were of this view. Al-Nawawi classed as hasan the hadeeth of Abu Tha’labah, as it says inal-Adhkaar(505). It was classed as saheeh by Ibn al-Qayyim inI’laam al-Muwaqqi’een(1/221) and by Ibn Katheer in hisTafseer(1/405). Al-Albaani said inTahqeeq al-Eemaan li Ibn Taymiyah(43): It is hasan because of corroborating reports.
Al-Albaani classed as hasan the hadeeth of Salmaan al-Faarisi inSaheeh al-Tirmidhi(1726). Inal-Mishkaat(4156) it says: It is saheeh mawqoof, but it may be classed as hasan because of marfoo’ corroborating reports.
But others are of the view that the severe weakness in the isnaads of this hadeeth means that it cannot be regarded as strong when all its isnaads are taken together. The hadeeth of Abu’l-Darda’ is plainly munqati’ (interrupted), the hadeeth of Salmaan al-Faarisi is munkar and it is a mistake to regard it as marfoo’ (attributable to the Prophet (peace and blessings of Allaah be upon him)), and the hadeeth of Abu Tha’labah is munqati’ and there is some dispute as to whether it is marfoo’.
This report from Ibn ‘Abbaas (may Allaah be pleased with him) is saheeh, but it is his words (not the Prophet’s). This was narrated by Abu Dawood (2800).
Ibn Katheer said inIrshaad al-Faqeeh(1/367): its isnaad is saheeh.
It was classed as saheeh by al-Albaani inSaheeh Abi DawoodandMishkaat al-Masaabeeh(4074).
The general meaning of the hadeeth is also established in the basic principles of Islam, and is quoted and accepted by the scholars.
Ibn al-‘Arabi said in‘Aaridat al-Ahwadhi(4/185): The meaning of this hadeeth is proven inal-Saheeh. End quote.
Abu Bakr ibn al-Sam’aani said: This hadeeth is one of the basic principles of Islam. It was narrated from some of them that he said: There is no single hadeeth of the Messenger of Allaah (peace and blessings of Allaah be upon him) which sums up all the basic principles of Islam apart from the hadeeth of Abu Tha’labah. End quote.
Jaami’ al-‘Uloom wa’l-Hikam(2/70).
For more information on the meaning of the hadeeth and commentary on it, see Ibn Rajab’s commentary on this hadeeth inJaami’ al-‘Uloom wa’l-Hikam, commentary on hadeeth no. 30 (2/68-87).
Secondly:
It should be noted that when the scholars rule that a specific hadeeth is sound or weak, that may refer to a specific isnaad, and does not refer to the hadeeth with all its isnaads. For example, a scholar may judge one of the isnaads to be weak, then elsewhere he may judge another isnaad of the same hadeeth to be sound. This is not a contradiction, rather it is based on a difference in the isnaads in question. This is what happened in the case of Shaykh al-Albaani when he spoke about the hadeeth under discussion here; he classed it as saheeh when reported from Abu’l-Darda’, and he classed its isnaad as da’eef in the reports of Salmaan al-Faarisi, but he classed it as hasan because of corroborating reports, so it is hasan li ghayrihi in his view. That is not a contradiction; rather it is in accordance with the principles of the science of hadeeth.
The Muslim has to follow the truth as it appears to him after researching and striving to find out what is correct (ijtihaad). If he is not able to engage in ijtihaad, then it is sufficient for him to follow well known scholars whose knowledge he trusts and who are trustworthy, and he should not pay any attention to anyone else. This includes matters of hadeeth and fiqh.
And Allaah knows best.

- PUBLISHERNajimudeeN M

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*AS'SALAMU ALAIKUM (WR, WB)*
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Thursday - Sep - 10 - 2015
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Thul-Qi'dah 25 -1436
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