Plural marriage and fair treatment of co-wives, Dought & clear, - * Why does Islam limit plural marriage to four wives andno more?

mwb

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She wants to know why does Islam restricts the number of marriage to 4? Why is it not 3 or 5?
Praise be to Allah.
Firstly:
The Muslim must submit to all the rulings of Allah, both commands and prohibitions, whether it is in accordance with his opinion or not, and whether it suits his whims and desires or otherwise. If the wisdom behind it becomes clear to him – whether the matter is prohibited or permitted – that increases him in faith and submission.
If the wisdom behind it is not clear to him, he accepts it and submits, with certainty that Allah, may He be exalted, does not prescribe anything except for a good reason, and this reason or wisdom may be hidden to some people, or some people may know some of it.
Allah, may He be exalted, says (interpretation of the meaning):
“But no, by your Lord, they can have no Faith, until they make you (O Muhammad SAW) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission”
[an-Nisa’ 4:65].
Al-Bukhaari (321) and Muslim (335) narrated that Mu‘aadhah said: I asked ‘Aa’ishah: Why does a menstruating woman have to make up missed fasts but not missed prayers? She said: Are you a Harooriyyah (Khaariji)? I said: I am not a Harooriyyah, but I am asking. She said: That used to happen to us and we were commanded to make up the fasts but we were not commanded to make up the prayers.
See also the answer to question no. 50330.
Secondly:
Plural marriage is something natural that is known in all nations, although they differ in the ways in which it is applied. When man-made laws prohibit plural marriage, people resort to having illicit relationships outside the home. Plural marriage was known during the Jaahiliyyah, then Islam came with that which is suited to sound human nature, so it put limits on what the people were doing and imposed some guidelines.
Thirdly:
This is a divinely ordained law, and divinely ordained law is wise in and of itself. There is no need for the accountable individual to know the reason and wisdom behind it; rather what the accountable individual is required to do is submit.
One of the reasons behind this law is to test people. At the beginning of Islam, the qiblah (direction faced in prayer) was Bayt al-Maqdis (Jerusalem), then Allah abrogated it and commanded the people to face towards the Sacred House (the Ka‘bah, in Makkah). As for the sincere believers who were certain in their faith, they said “we hear and we obey”, but the disbelievers and hypocrites in whose hearts was doubt said:“What has turned them (Muslims) from their Qiblah (prayer direction (towardsJerusalem)) to which they were used to face in prayer?” [al-Baqarah 2:142].
Opening the door to argument in such matters leads to doubt concerning sharee‘ah and its rulings. Then someone will say: why are the prayers five and not six? Why is Zuhr prayer four rak‘ahs and not eight? Why is the month of Ramadan singled out for fasting to the exclusion of others? If it is said that it is because Qur’an was in that month, they may say: why was Qur’an revealed in that particular month? Why was it not revealed in a sacred month, because the sacred months are venerated? And so on, without end. The one who says “we hear and we obey” puts a stop to that altogether.
Allah, may He be exalted, says (interpretation of the meaning):“And We made the Qiblah (prayer direction towards Jerusalem) which you used to face, only to test those who followed the Messenger (Muhammad SAW) from those who would turn on their heels (i.e. disobey the Messenger)” [al-Baqarah 2:143].
When the command comes, with what Allah enjoins or forbids, one should say: “we hear and we obey.” If the wisdom behind it is clear to him, or is partially clear, that increases him in faith and submission, otherwise he should continue to hear and obey, because he knows that Allah does not prescribe anything except there is great wisdom behind it.
Allah, may He be exalted, says (interpretation of the meaning):
“The Messenger (Muhammad SAW) believes in what has been sent down to him from his Lord, and (so do) the believers. Each one believes in Allah, His Angels, His Books, and His Messengers. They say, ‘We make no distinction between one another of His Messengers’" - and they say, ‘We hear, and we obey. (We seek) Your Forgiveness, our Lord, and to You is the return (of all)’” [al-Baqarah 2:285].
“It is not for a believer, man or woman, when Allah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allah and His Messenger, he has indeed strayed in a plain error”
[al-Ahzaab 33:36].
And Allah knows best.

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Plural marriage and fair treatment of co-wives, Dought & clear, - * If he gives his second wife the cost of tuition fees, is he obliged to give the same amount to his first wife?

mwb

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I am married and I have three children. I took a second wife in secret, then my first wife found out about that later on. My question is:
How can I treat them equitably? Should I give the first wife what I gave to the second of gold, clothing and mahr (dowry)? From what time should I start to treat them equitably? How should I do that when the second wife is studying at University, and every day I give her the cost of tuition? Should I give the first wife the same amount?
Praise be to Allah.
Islam has made it incumbent upon the man who is married to more than one wife to treat his wives equitably in terms of spending on their maintenance. Equity in this case means spending on them according to his means, and giving each of them what she needs of maintenance and clothing, that is usually given to women like her. Based on that, one of them may need things that the other does not need in terms of maintenance. One who is studying may need, because of her study, things that the one who is not studying does not need. One who is pregnant may need maintenance that one who is not pregnant does not need. One who is sick may need things that the one who is not sick does not need, and so on.
The point is that he is obliged to treat them equitably in terms of maintenance, so as to suffice each one of them. With regard to anything more than what is sufficient, he is not obliged to treat them equitably in that regard.
Ibn Qudaamah said:
He does not have to treat his wives equally in terms of maintenance and clothing if he has done what is obligatory in the case of each one of them.
Ahmad said – concerning a man who had two wives: He may favour one of them over the other in terms of maintenance, intimacy and clothing, so long as the other one is provided for sufficiently. He may buy a garment for one that is more expensive, so long as the other one is adequately clothed.
That is because equal treatment in all these matters is difficult, and if it was made obligatory, he would not be able to do it except with great difficulty. Thus this obligation is waived, as in the case of equal treatment in terms of intimacy.
End quote fromal-Mughni, 7/232
Al-Haafiz Ibn Hajar said:
If he has fulfilled his obligations towards each one of them in terms of clothing, maintenance and spending the night, then it does not matter if he inclines more towards one of them or gives a gift to one of them.
End quote fromFath al-Baari, 9/391.Based on the above, what you must do is treat them equitably by spending on each one of them that which is sufficient for her. You do not have to give the first wife what you spent on the mahr and then on clothing and gold for the second one.
And Allah knows best.

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Da'eef (weak) hadeeths, Dought & clear, - * Will Abu Bakr be admitted to Paradise without being brought to account?

mwb

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Mufti I got a quick question, where I cannot find the daleel to it eventhough I heard it a lot of times. The question is, will Abu Bakr (radi Allah 3anhu) receive an accountability record on the day of resurrection, if so can you please show me the hadith? I heard it from many sheikhs and I personally believe it is an authentic hadith, but I have no isnad nor do they provide it when they mention this narration. Mufti, just so the question was clear, is there a hadith where the Prophet (peace be upon him) says that Umar (radhi Allah 3anhu) will be the first to receive his book in his right hand of the ummah and the rest of the companions were amazed it wasnt Abu Bakr, so the Prophet exclaimed: "wa ma tathunoo ana lahu kitab?", that who told you Abu Bakr has a book?
Praise be to Allah.
Firstly:
Al-Bukhaari (3671) narrated that Muhammad ibn al-Hanafiyyah said: I said to my father – who was ‘Ali ibn Abi Taalib (may Allah be pleased with him) –: “Which of the people is best after the Messenger of Allah (blessings and peace of Allah be upon him)? He said: Abu Bakr. I said: Then who? He said: Then ‘Umar.
Imam Ahmad (835) narrated that Abu Juhayfah said: I heard ‘Ali (may Allah be pleased with him) say: Shall I not tell you the best of this ummah after its Prophet? (It is) Abu Bakr. Then he said: Shall I not tell you the best of this ummah after Abu Bakr? (It is) ‘Umar (may Allah be pleased with him). The commentators onal-Musnadsaid: Its isnaad is hasan.
Ahl as-Sunnah wa’l-Jamaa‘ah are unanimously agreed that the best of this ummah after its Prophet (blessings and peace of Allah be upon him) is Abu Bakr as-Siddeeq, then ‘Umar, then ‘Uthmaan, then ‘Ali (may Allah be pleased with them all).
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
They – i.e., Ahl as-Sunnah – affirm that which is narrated in mutawaatir reports from Ameer al-Mu’mineen ‘Ali ibn Abi Taalib (may Allah be pleased with him) and others: that the best of this ummah after its Prophet is Abu Bakr, then ‘Umar, and they mentioned the third one as ‘Uthmaan and the fourth one as ‘Ali (may Allah be pleased with them all), as is indicated by the reports.
End quote fromal-‘Aqeedah al-Waasitiyyah(p. 117)
Please see also the answer to question no. 34577
Secondly:
With regard to the hadith which speaks of Abu Bakr and says that he will enter Paradise without being detained for the reckoning, it is a weak hadith that is not saheeh (sound). It was narrated by Abu Nu‘aym inTareekh Asbahaan(2/370), and via him by al-Khateeb inal-Muttafaq wa’l-Muftaraq(2/38), via Ibraaheem ibn Abi Yahya who said: Abu ‘Umar ad-Dareer narrated to us, from Hammaad ibn Salamah, from Hishaam ibn ‘Urwah, from his father, from ‘Aa’ishah, who said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “O ‘Aa’ishah, all the people will be brought to account on the Day of Resurrection except Abu Bakr.”
Ibn Abi Yahya is al-Mukattab, a man who is unknown. He was mentioned by Abu Nu‘aym inAkhbaar Asbahaan, but he did not mention any any evaluation of him as a narrator, therefore his report is odd (munkar); how could he have been the only one to narrate it with this good isnaad without any other narrators referring to it? As that is the case, the report is deemed to be odd and weak.
One of the reasons why a hadith may be deemed to be odd and weird is that a report is narrated only by an unknown narrator who is not known to the scholars of hadith. If a hadith is narrated only by an unknown narrator, the scholars regard his hadith as odd because of him being the only one to narrate it.
See:Manhaj al-Imam Ahmad fi I‘laal al-Ahaadeeth(2/869);al-Hadeeth al-Munkar ‘inda al-Imam Abu Haatim ar-Raazi – Diraasah Tatbeeqiyyah(p. 13)
It was narrated by Ibn al-Jawzi inal-‘Ilal al-Mutanaahiyyah(1/190) via Dawood ibn Sagheer who said: Katheer an-Nuwa’ narrated to me that Anas ibn Maalik said: The Messenger of Allah (blessings and peace of Allah be upon him) said: I said to Jibreel when he took me on the Night Journey (al-Isra’) up to heaven: “O Jibreel, will my ummah be brought to account?” He said: All of your ummah will be brought to account except Abu Bakr as-Siddeeq. On the Day of Resurrection, it will be said to him: O Abu Bakr, enter Paradise. He will say: I will not enter it until those who loved me in the previous world enter it with me.
Immediately after narrating this, Ibn al-Jawzi commented:
This hadith is not saheeh. Dawood ibn Sagheer is majrooh (i.e., he is not credible). Al-Khateeb said: He was da‘eef. Ad-Daaraqutni said: He is munkar al-hadith (i.e., his hadith is odd). As for Katheer an-Nuwa’, an-Nasaa’i said: He is da‘eef. End quote.
Adh-Dhahabi said inal-Mizaan(3/500), concerning the biography of Muhammad ibn Ja‘far al-Baghdaadi:
It was narrated from Dawood ibn Sagheer in a false report, from Katheer an-Nuwa’, from Anas, in a marfoo‘ report: “O Jibreel, will my ummah be brought to account?” He said: Yes, apart from Abu Bakr… Moreover, Dawood is not credible. End quote.
It was also mentioned by ash-Shawkaani inal-Fawaa’id al-Majmoo‘ah(p. 35). He said: It is mawdoo‘ (fabricated).
Thirdly:
With regard to the second hadith, according to which ‘Umar will be the first one to take his book in his right hand, it was narrated by ath-Tha‘labi in hisTafseer(2358), by Ibn ‘Asaakir in hisTareekh(30/154), al-Khateeb in hisTareekh(11/202) and Ibn al-Jawzi inal-Mawdoo‘aat(1/320), via ‘Umar ibn Ibraaheem ibn Khaalid: Marhoom ibn Artabaan, the cousin of ‘Abdullah ibn ‘Awn narrated to us that he said: ‘Aasim al-Ahwal narrated to us, from Zayd ibn Thaabit, who said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “The first one of this ummah to be given his book in his right hand will be ‘Umar ibn al-Khattaab, and it will shine with rays like the rays of the sun.”
It was said to him: Where will Abu Bakr be?
He said: “He will already have been taken by the angels to Paradise.”
Ibn al-Jawzi said, immediately after quoting this report: The hadith is not saheeh; the one who is accused is ‘Umar, who is known as al-Kurdi. Ad-Daaraqutni said: He was a liar who used to fabricate hadiths. End quote.
It was also quoted by ash-Shawkaani inal-Fawaa’id al-Majmoo‘ah(p. 336). He said:
The one who is accused is ‘Umar ibn Ibraaheem ibn Khaalid al-Kurdi.
Regarding this ‘Umar, ad-Daaraqutni said: He was a liar and evildoer. Al-Khateeb said: His is not trustworthy. He also said: He narrated odd reports. Ibn ‘Uqdah said: He is da‘eef.
Lisaan al-Mizaan(4/280)
It was narrated by Ibn Abi ‘Aasim inKitaab al-Awaa’il(82), via Habeeb ibn Zurayq: the nephew of az-Zuhri narrated to us, from his paternal uncle, from al-Qaasim ibn Muhammad, from Ibn ‘Abbaas, who said: The first one to be given his book in his right hand will be Abu Salamah ibn ‘Abd al-Asad. This is a fabricated hadith, and the problem with it is Habeeb ibn Zurayq. Abu Haatim said: He narrated fabricated hadiths from the nephew of az-Zuhri.
Abu Dawood said: He was one of the most mendacious of people.
Ibn ‘Adiy said: All his hadiths are fabricated.
Mizaan al-I‘tidaal(1/452)
With regard to the words regarding Abu Bakr (may Allah be pleased with him): “Who told you that he will have a book?” – We do not know of any basis for this in any of the reports.
And Allah knows best.

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