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Sunday, November 29, 2015

Plural marriage and fair treatment of co-wives, Dought & clear, - * Wife asking husband’s permission to fast when he has another wife











Is it obligatory for a wife to ask her husband’s permission to fast if that is on the other wife’s day?
Praise be to Allaah.
If the husband is present with her then she should not fast without his permission, because he may need her. But if he is with his other wife and it is the other wife’s day, then it seems that it is o.k. for her to fast with or without his permission.
Shaykh Muhammad Saalih al-‘Uthaymeen, Majallat al-Da’wah, issue no. 1823, p. 54.












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- PUBLISHERNajimudeeN M. MD, IRI (Managing Director, Islamic Research Institution)

Plural marriage and fair treatment of co-wives, Dought & clear, - * The ruling on plural marriage and the wisdom behind it
























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- PUBLISHERNajimudeeN M. MD, IRI (Managing Director, Islamic Research Institution)
I was really into becoming a Muslim. I came to this site to find out how to become Muslim, on doing so I found out alot about the religion I never knew before, and it's kind of disturbing and almost a let down. I'm sorry I feel like that but it's true. One of the things that bother me is the polygamy thing, I would like to know where it addresses that in the Holy Qu'ran, please try to give me tips on how to live like that and remain sane?
Praise be to Allaah.
Allaah concluded His Message to mankind with the religion of Islam, and He tells us that He will not accept any religion other than that. Allaah says (interpretation of the meaning):
“And whoever seeks a religion other than Islam, it will never be accepted of him, and in the Hereafter he will be one of the losers”
[Aal ‘Imraan 3:85]
Your backing away from the religion of Islam is considered to be a loss for you, and a loss of the happiness that awaited you, had you entered Islam. You should hasten to enter Islam, and beware of delaying, for that delay may lead to regrettable consequences.
With regard to what you mention about the reason for your backing off being the idea of plural marriage [polygamy or polygyny], we will present to you the ruling on plural marriage in Islam, and then the wisdom and noble purposes behind it.
1 – The ruling on plural marriage in Islam:
The shar’i text which permits plural marriage is:
Allaah says in His Holy Book (interpretation of the meaning):
“And if you fear that you shall not be able to deal justly with the orphan girls then marry (other) women of your choice, two or three, or four; but if you fear that you shall not be able to deal justly (with them), then only one or (slaves) that your right hands possess. That is nearer to prevent you from doing injustice”
[al-Nisa’ 4:3]
This is a Qur’aanic text which shows that plural marriage is allowed. According to Islamic sharee’ah, a man is permitted to marry one, two, three or four wives, in the sense that he may have this number of wives at one time. It is not permissible for him to have more than four. This was stated by the mufassireen (commentators on the Qur’aan) and fuqaha’ (jurists), and there is consensus among the Muslims on this point, with no differing opinions.
It should be noted that there are conditions attached to plural marriage:
1 – Justice or fairness.
Allaah says (interpretation of the meaning):
“but if you fear that you shall not be able to deal justly (with them), then only one”
[al-Nisa’ 4:3]
This aayah is indicates that just treatment is a condition for plural marriage to be permitted. If a man is afraid that he will not be able to treat his wives justly if he marries more than one, then it is forbidden for him to marry more than one. What is meant by the justice that is required in order for a man to be permitted to have more than one wife is that he should treat his wives equally in terms of spending, clothing, spending the night with them and other material things that are under his control.
With regard to justice or fairness in terms of love, he is not held accountable for that, and that is not required of him because he has no control over that. This is what is meant by the verse,
“You will never be able to do perfect justice between wives even if it is your ardent desire”
[al-Nisa’ 4:129 – interpretation of the meaning].
2 – The ability to spend on one’s wives:
The evidence for this condition is the verse:
“And let those who find not the financial means for marriage keep themselves chaste, until Allaah enriches them of His Bounty”
[al-Noor 24:33 – interpretation of the meaning]
In this verse Allaah commands those who are able to get married but cannot find the financial means, to remain chaste. One such example is not having enough money to pay the mahr (dowry) and not being able to spend on one’s wife. (al-Mufassal fi Ahkaam al-Mar’ah, part 6, p. 286).
2 – The wisdom behind permitting plural marriage
1 – Plural marriage helps to increase the numbers of the ummah (nation, Muslim community). It is known that the numbers can only be increased through marriage, and the number of offspring gained through plural marriage will be greater than that achieved through marriage to one wife.
Wise people know that increasing the number of offspring will strengthen the ummah and increase the number of workers in it, which will raise its economic standard – if the leaders run the affairs of state well and make use of its resources in a proper manner. Ignore the claims of those who say that increasing the numbers of human beings poses a danger to the earth’s resources which are insufficient, for Allaah the Most Wise Who has prescribed plural marriage has guaranteed to provide provision for His slaves and has created on earth what is more than sufficient for them. Whatever shortfall exists is due to the injustice of administrations, governments and individuals, and due to bad management. Look at China, for example, the greatest nation on earth as far as number of inhabitants is concerned, and it is regarded as one of the strongest nations in the world, and other nations would think twice before upsetting China; it is also one of the great industrialized nations. Who would dare think of attacking China, I wonder? And why?
2 – Statistics show that the number of women is greater than the number of men; if each man were to marry just one woman, this would mean that some women would be left without a husband, which would have a harmful effect on her and on society:
The harmful effect is that she would never find a husband to take care of her interests, to give her a place to live, to spend on her, to protect her from haraam desires, and to give her children to bring her joy. This may lead to deviance and going astray, except for those on whom Allaah has mercy.
With regard to the harmful effects on society, it is well known that this woman who is left without a husband may deviate from the straight path and follow the ways of promiscuity, so she may fall into the swamp of adultery and prostitution – may Allaah keep us safe and sound – which leads to the spread of immorality and the emergence of fatal diseases such as AIDS and other contagious diseases for which there is no cure. It also leads to family breakdown and the birth of children whose identity is unknown, and who do not know who their fathers are.
Those children do not find anyone to show compassion towards them or any mature man to raise them properly. When they go out into the world and find out the truth, that they are illegitimate, that is reflected in their behaviour, and they become exposed to deviance and going astray. They may even bear grudges against society, and who knows? They may become the means of their country’s destruction, leaders of deviant gangs, as is the case in many nations in the world.
3 – Men are exposed to incidents that may end their lives, for they work in dangerous professions. They are the soldiers who fight in battle, and more men may die than women. This is one of the things that raise the percentage of husbandless women, and the only solution to this problem is plural marriage.
4 – There are some men who may have strong physical desires, for whom one wife is not enough. If the door is closed to such a man and he is told, you are not allowed more than one wife, this will cause great hardship to him, and his desire may find outlets in forbidden ways.
In addition to that, a woman menstruates each month, and when she gives birth, she bleeds for forty days (this post-partum bleeding is called nifaas in Arabic), at which time a man cannot have intercourse with his wife, because intercourse at the time of menstruation or nifaas is forbidden, and the harm that it causes has been proven medically. So plural marriage is permitted when one is able to be fair and just.
5 – Plural marriage does not exist only in the Islamic religion, rather it was known among the previous nations. Some of the Prophets were married to more than one woman. The Prophet of Allaah Sulaymaan (Solomon) had ninety wives. At the time of the Prophet (peace and blessings of Allaah be upon him), there were some men who became Muslims who had eight or five wives. The Prophet (peace and blessings of Allaah be upon him) told them to keep four wives and to divorce the rest.
6 – A wife may be barren, or she may not meet her husband’s needs, or he may be unable to have intercourse with her because she is sick. A husband may long to have children, which is a legitimate desire, and he may want to have a sex life within marriage, which is something permissible, and the only way is to marry another wife. It is only fair for the wife to agree to remain his wife and to allow him to marry another.
7 – A woman may be one of the man’s relatives and have no one to look after her, and she is unmarried or a widow whose husband has died, and the man may think that the best thing to do for her is to include her in his household as a wife along with his first wife, so that he will both keep her chaste and spend on her. This is better for her than leaving her alone and being content only to spend on her.
8 – There are other shar’i interests that call for plural marriages, such as strengthening the bonds between families, or strengthening the bonds between a leader and some of his people or group, and he may think that one of the ways of achieving this aim is to become related to them through marriage, even if that is through plural marriage.
Objection:
Some people may object and say that plural marriage means having co-wives in one house, and that the disputes and enmity that may arise between co-wives will have an effect on the husband, children and others, and this is harmful and should be avoided, and the only way to prevent that is to ban plural marriage.
Response to the objection:
The response to that is that family arguments may occur even when there is only one wife, and they may not even happen when there is more than one wife, as we see in real life. Even if we assume that there may be more arguments than in a marriage to one wife, even if we accept that they may be harmful and bad, the harm is outweighed by the many good things in a plural marriage. Life is not entirely bad or entirely good, but what everyone hopes is that the good will outweigh the bad, and this principle is what applies in the permission for plural marriage.
Moreover, each wife has the right to her own, separate accommodation as prescribed in Islam. It is not permissible for the husband to force his wives to live together in one house.
Another objection:
If we allow men to have plural wives, why are women not allowed to have multiple husbands, why does a woman not have the right to marry more than one man?
Response to this objection:
There is no point in giving a woman the right to marry multiple husbands, rather that is beneath her dignity and she would not know the lineage of her children, because she is the one who bears the offspring, and it is not permissible for the offspring to be formed from the sperm of a number of men lest the lineage of the child be lost and no one will know who is responsible for bringing up the child; this will lead to breakdown of families, loss of ties between fathers and children, which is not permitted in Islam as it is not in the interests of the woman or of the child or of society as a whole.
Al-Mufassal fi Ahkaam al-Mar’ah, part 6, p. 290

Wednesday, November 25, 2015

Da'eef (weak) hadeeths, Dought & clear, - * The story of Tha‘labah who saw a woman doing ghusl, and died from fear of Allah












I would like to find out whether a story I have heard is saheeh (sound, true). If it turns out to be da‘eef (weak), is it still permissible to tell it? Because telling it has a good effect on people’s hearts. When I tell it, do I have to do point out that it is da‘eef? The story is as follows:
Tha‘labah ibn ‘Abd ar-Rahmaan was an orphan boy of the Ansaar, who was no older than sixteen years. He often used to sit with the Prophet (blessings and peace of Allah be upon him), who sent him on an errand one day to the markets of Madinah. He passed by one of the houses of the Ansaar, and looked at the door of the house, which was open. There was a curtain to the hamaam (bathroom) that was closed, but the wind came and lifted the curtain, behind which there was a woman who was doing ghusl. He glanced at her once or twice, then he realised what was happening and took the matter very seriously. He was afraid that verses would be revealed concerning him and that he would be described as one of the hypocrites because of this sin. He was afraid to go back to the Prophet (blessings and peace of Allah be upon him), so he went out into the desert, and no one knew where he had gone. When three days had gone by, (the Prophet (blessings and peace of Allah be upon him)) instructed some of the Sahaabah to go and look for him in Madinah, but they found no trace of him. He waited until forty days had passed, then he instructed them to look for him in the wilderness areas, because he (blessings and peace of Allah be upon him) was worried about him. They went and looked for him, and they came to a group of Bedouin and described him to them. The Bedouin said: Perhaps you are looking for the weeping boy? They said: Where is he? They said: On the slopes of this mountain; he will come down at the end of the day. So they lay in wait for him then they caught him and carried him to his house, because he was exhausted from weeping so much. The Prophet (blessings and peace of Allah be upon him) went to him, and Tha‘labah asked him whether any verses had been revealed concerning him. He said: “No.” Tha‘labah became very sick, and the Prophet (blessings and peace of Allah be upon him) sat beside him until he died (may Allah be pleased with him). Then they offered the funeral prayer for him and when they carried the bier to bury him, the Prophet (blessings and peace of Allah be upon him) was walking on tiptoe. ‘Umar asked him about that and he said: “Woe to you, O ‘Umar. By Allah, I cannot find any place to put my feet because so many of the angels are crowding around me.”
Praise be to Allah.
The story mentioned in the question is a summary of a lengthy story that was narrated from Jaabir ibn ‘Abdullah (may Allah be pleased with him) who said:
A young man of the Ansaar who was called Tha‘labah ibn ‘Abd ar-Rahmaan became Muslim, and he used to serve the Prophet (blessings and peace of Allah be upon him). He sent him on an errand, and he passed by the door of a man among the Ansaar, where he saw an Ansaari woman doing ghusl. He looked repeatedly at her, after which he became afraid that Revelation would come down to the Messenger of Allah (blessings and peace of Allah be upon him), so he went out, fleeing, and came to a mountainous area between Makkah and Madinah, where he hid. The Messenger of Allah (blessings and peace of Allah be upon him) missed him for forty days, and these were the days when they said his Lord had forsaken him and was displeased with him, then Jibreel (peace be upon him) came down to the Messenger of Allah (blessings and peace of Allah be upon him) and said: O Muhammad, your Lord conveys greetings of peace (salaam) to you, and says: The man from your ummah who has fled is in these mountains, seeking refuge with Me from My Fire. The Messenger of Allah (blessings and peace of Allah be upon him) said: “O ‘Umar! O Salmaan! Go and bring Tha‘labah ibn ‘Abd ar-Rahmaan to me.” They set out through the streets of Madinah and were met by one of the shepherds of Madinah whose name was Dhufaafah. ‘Umar said to him: O Dhufaafah, do you know anything about a young man in these mountains? Dhufaafah said to him: Perhaps you are looking for the one who is fleeing from Hell? ‘Umar said to him: How do you know that he is fleeing from Hell? He said: Because in the middle of the night he came out to us from these mountains with his hand on his head, saying: Would that You took my soul as You took other souls and my body as You took other bodies, and not expose me on the Day of Judgement! ‘Umar said: He is the one we are looking for. So Dhufaafah set out with them, and in the middle of the night he came out to them from those mountains, with his hand on his head, saying: Would that You took my soul as You took other souls and my body as You took other bodies, and not expose me on the Day of Judgement! ‘Umar went to him and embraced him and (Tha‘labah) said: I want to be safe from the Fire. ‘Umar said to him: I am ‘Umar ibn al-Khattab. He said: O ‘Umar, does the Messenger of Allah (blessings and peace of Allah be upon him) know of my sin? He said: All I know is that he remembered you yesterday, and the Messenger of Allah (blessings and peace of Allah be upon him) wept. Tha‘labah said: O ‘Umar, do not let me enter upon him except when he is praying, and Bilaal is sayingQad qaamat as-salaah(Prayer is about to begin – i.e., the iqaamah or call immediately preceding the prayer). ‘Umar said: I shall do that. Then they brought him to Madinah and arrived when the Messenger of Allah (blessings and peace of Allah be upon him) was praying Fajr. ‘Umar and Salmaan hastened to join the row (of worshippers), and no sooner did Tha‘labah hear the recitation of the Messenger of Allah (blessings and peace of Allah be upon him), but he fell unconscious. When the Messenger of Allah (blessings and peace of Allah be upon him) said the salaam (at the end of the prayer), he said: “O ‘Umar, O Salmaan, what happened to Tha‘labah ibn ‘Abd ar-Rahmaan?” They said: He is over there, O Messenger of Allah. The Messenger of Allah (blessings and peace of Allah be upon him) stood up and said: “O Tha‘labah!” He said: Here I am, O Messenger of Allah. He looked at him and said: “What kept you away from me?” He said: My sin, O Messenger of Allah. He said: “Shall I not tell you about a verse that will expiate sins and errors?” He said: Yes, O Messenger of Allah. He said: “Say:Allaahumma aatina fi’d-dunya hasanah wa fi’l-aakhirati hasanah wa qinna ‘adhaab an-naar(O Allah! Give us in this world that which is good and in the Hereafter that which is good, and save us from the torment of the Fire) (cf. al-Baqarah 2:201).” He said: My sin is too great, O Messenger of Allah. The Messenger of Allah (blessings and peace of Allah be upon him) said: “Rather the word of Allah is greater.” Then the Messenger of Allah (blessings and peace of Allah be upon him) instructed him to go home. He fell sick for eight days, then Salmaan came to the Messenger of Allah (blessings and peace of Allah be upon him) and said: O Messenger of Allah, do you want to visit Tha‘labah, because he is sick? The Messenger of Allah (blessings and peace of Allah be upon him) said: “Let us go to him.” When he entered upon him, the Messenger of Allah (blessings and peace of Allah be upon him) took hold of his head and placed it in his lap, but he pulled his head away from the lap of the Messenger of Allah. The Messenger of Allah (blessings and peace of Allah be upon him) said to him: “Why did you pull your head away from my lap?” He said: Because it is full of sins. He said: “What do you feel?” He said: I feel something like the crawling of ants between my skin and my bones. He said: “What do you long for?” He said: The forgiveness of my Lord. Then Jibreel (peace be upon him) came down to the Messenger of Allah (blessings and peace of Allah be upon him) and said: Verily your Lord conveys greetings of salaam to you and says: If this slave of Mine were to meet Me with an earthful of sins, I would meet him with a similar measure of forgiveness. The Messenger of Allah (blessings and peace of Allah be upon him) said: “Should I not tell him about that?” He said: Yes indeed. So the Messenger of Allah (blessings and peace of Allah be upon him) told him about that, and he gave a shout then died. The Messenger of Allah (blessings and peace of Allah be upon him) gave instructions that he should be washed and shrouded, and he offered the funeral prayer for him. Then the Messenger of Allah (blessings and peace of Allah be upon him) began walking on tiptoe and they said: O Messenger of Allah, why do we see you walking on tiptoe? He said: By the One Who sent me with the truth as a Prophet, I could not put my feet on the ground because of the many wings of the angels who came down to accompany his funeral procession.
Narrated by Abu Na‘eem inHilyat al-Awliya’, 9/329-331; and inMa‘rifat as-Sahaabah, 1/498, and via him by Ibn al-Jawzi inal-Mawdoo‘aat, 3/121
Al-Kharaa’iti narrated it inI‘tilaal al-Quloob, 272; it was narrated via him by Ibn Qudaamah inat-Tawwaabeen, 105-108
It was narrated by Abu ‘Abd ar-Rahmaan as-Sulami inTabaqaat as-Soofiyyah, p. 51; and by Ibn Mandah in brief, as mentioned inal-Isaabahby Ibn Hajar, 1/405
All of them narrated it via Sulaym ibn Mansoor ibn ‘Ammaar: my father told us, from al-Munkadir ibn Muhammad ibn al-Munkadir, from his father, from Jaabir ibn ‘Abdullah (may Allah be pleased with him)… And he quoted the story.
But the report of al-Kharaa’iti does not refer to the verse in which Allah, may He be exalted, says (interpretation of the meaning):“your Lord has not forsaken you, nor is He displeased with you” [ad-Duha 93:3].
This hadeeth is da‘eef, and has a number of problems.
1.
None of the scholars stated in clear terms that Sulaym ibn Mansoor ibn ‘Ammaar was reliable.
Ibn Abi Haatim (may Allah have mercy on him) said: My father narrated from him, and I asked him about him. I said: The scholars of Baghdad criticise him. He said: Stop. I asked Ibn Abi’th-Thalj about him. I said to him: They are saying that he wrote down hadeeth from Ibn ‘Aliyyah when he was young. He said: No; rather he was older than us. End quote.
Al-Jarh wa’t-Ta‘deel, 4?216
Adh-Dhahabi (may Allah have mercy on him) said:
He was criticised but his hadeeth was not rejected. End quote.
Al-Mughni fi’d-Du‘afa’, 1/285
Some of the scholars stated that there was an investigation to see if there were any similar reports, but it was not thorough.
Ibn ‘Iraq said:
There was an investigation to see if there were any other reports that were similar to that of Sulaym. That was narrated by ‘Uthmaan ibn ‘Umar ad-Darraaj in his book. He said: Abu Nasr Ahmad ibn Muhammad ibn Hishaam at-Taaliqaani told us: my grandfather told me: Mansoor ibn ‘Ammaar told us. But I do not know who this at-Taaliqaani was. End quote.
Tanzeeh ash-Sharee‘ah, 1/349
2.
The preacher Mansoor ibn ‘Ammaar.
He was extremely eloquent in preaching and was able to move people deeply. He preached in Baghdad, Syria and Egypt, and he became very famous.
Abu Haatim said: He is not qawiy (strong). Ibn ‘Adiyy said: His hadeeth is odd. Al-‘Uqayli said: He is influenced by Jahami views. Ad-Daaraqutni said: He narrated from da‘eef narrators hadeeths that were not narrated by others.
See:Mizaan al-I‘tidaal, 4/187-188
3.
Al-Munkadir ibn Muhammad ibn al-Munkadir
Ibn ‘Uyaynah said: He was not a scholar of hadeeth. It was narrated from Yahya ibn Ma‘een: He is insignificant. On one occasion he said: There is nothing wrong with him. Abu Zar‘ah said: He is not qawiy (strong). Abu Haatim said: He was a man who did not understand hadeeth. He made many mistakes and did not memorise the hadeeth of his father. Al-Jawzjaani and an-Nasaa’i said: (He is) da‘eef . al-Haafiz Ibn Hajar summed up the ruling on him inat-Taqreeb, where he said: His hadeeth is not very strong.
See:Tahdheeb at-Tahdheeb, 10/318
4.
There are also problems in the text of the hadeeth:
The verse referred to in the hadeeth –“your Lord has not forsaken you, nor is He displeased with you” [ad-Duha 93:3]– was revealed in Makkah before the Hijrah, but this hadeeth suggests that it was revealed in Madinah after the Hijrah. This is a serious contradiction.
Ibn al-Jawzi (may Allah have mercy on him) was certain that it is fabricated, as he said:
This is a fabricated hadeeth that is very strange, and the fabricator exposed his fabrication when he said: that was when the verse“your Lord has not forsaken you, nor is He displeased with you” [ad-Duha 93:3]was revealed to him. But this verse was revealed to him in Makkah, and there is no scholarly disagreement concerning that. Moreover there was no one among the Sahaabah who was called Dhufaafah. Its isnaad contains a number of da‘eef narrators, including al-Munkadir, of whom Yahya said: He is insignificant, and Ibn Hibbaan said: He used to say things on the basis of his imagination. So his reports are not valid to be used as proof. Another (of these da‘eef narrators) is Sulaym ibn Mansoor, who was criticized by some scholars of hadeeth. End quote.
Al-Mawdoo‘aat, 3/123. As-Suyooti agreed with him inal-La’aali al-Masnoo‘ah, 1/416
Ibn al-Atheer (may Allah have mercy on him) said:
There are other issues in it apart from its isnaad. The verse“your Lord has not forsaken you, nor is He displeased with you” [ad-Duha 93:3]was revealed in the early days of Islam, in Makkah, and the hadeeth which proves that is saheeh. But this story supposedly took place after the Hijrah, and the two reports cannot be reconciled. End quote.
Asad al-Ghaabah, 1/385
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said:
Ibn Mandah said – after narrating it in brief: Mansoor is the only one who narrated it. I [i.e., al-Haafiz ibn Hajar] say: There is some weakness in him, and his shaykh is weaker than him. The content of the hadeeth also indicates that it is weak, because the verse“your Lord has not forsaken you, nor is He displeased with you” [ad-Duha 93:3]was revealed before the Hijrah, and there is no difference of scholarly opinion concerning that. End quote.
Al-Isaabah, 1/405. It was narrated and confirmed by as-Sakhkhaawi inat-Tuhfah al-Lateefah fi Tareekh al-Madinah ash-Shareefah, 152.
To sum up: the isnaad of this story is a chain of weak narrators, and its text also shows that it is strange. So it is not permissible to narrate it or speak of it unless one explains that it is da‘eef (weak) and that it has to do with heart-softening reports (raqaa’iq) which we cannot be less stringent about. That is because its isnaad is extremely weak, and those scholars who regarded it as permissible to narrate da‘eef hadeeths in the category of heart-softening reports stipulated that they should not be extremely weak and should not have any odd content.
And Allah knows best.











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- PUBLISHERNajimudeeN M. MD, IRI (Managing Director, Islamic Research Institution)