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Why You Should Write Your Will Tonight (Hadith No. 2394)

Bismillah.

Hadith no. 2393 (below) is a repeat. Read about it here.

Volume 3, Book 50, Number 895 :
Narrated by Ibn ‘Umar (radiallaahu `anhu)
Umar bin Khattab (radiallaahu `anhu) got some land in Khaibar and he went to the Prophet (sallallaahu `alayhi wasallam) to consult him about it saying, “O Allah’s Apostle (sallallaahu `alayhi wasallam)! I got some land in Khaibar better than which I have never had, what do you suggest that I do with it?” The Prophet (sallallaahu `alayhi wasallam) said, “If you like you can give the land as endowment and give its fruits in charity.” So Umar (radiallaahu `anhu) gave it in charity as an endowment on the condition that would not be sold nor given to anybody as a present and not to be inherited, but its yield would be given in charity to the poor people, to the Kith and kin, for freeing slaves, for Allah’s Cause, to the travelers and guests; and that there would be no harm if the guardian of the endowment ate from it according to his need with good intention, and fed others without storing it for the future.”

Kitaab-ush-Shuroot [Book of Conditions] ends here.

Today’s Hadith:

Kitaab-ul-Wasaayaa [Book of Wills] starts today..

Volume 4, Book 51, Number 1 :
Narrated by Abdullah bin Umar (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him.”

Allah says in the Quran:

“It is prescribed for you, when death approaches any of you, if he leaves wealth, that he makes a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon Al-Muttaqoon (the pious).” [al-Baqarah 2:180] 

The Prophet (peace and blessings of Allaah be upon him) said:

“Allaah was being generous to you when He allowed you to give one-third of your wealth (in charity) when you die, to increase your good deeds.”
(Narrated by Ibn Maajah, al-Wasaayaa, 2700; classed as hasan by al-Albaani in Saheeh Sunan Ibn Maajah, no. 2190)

It is permitted to write a will concerning one third or less. Some of the scholars said it is preferable for it to be less than one-third, and the will does not apply to any of the heirs, because the Prophet (peace and blessings of Allaah be upon him) said:

“There is no will for the heirs.”
(Narrated by al-Tirmidhi, al-Wasaayaa, 2047; classed as saheeh by al-Albaani in Saheeh Sunan al-Tirmidhi, no. 1722).

The will comes into effect when the person dies. It is permissible for the person who writes the will to revoke it or cancel it or revoke part of it. Carrying out the will is an important matter which was confirmed by Allaah and mentioned before other things, and there is a stern warning issued to those who change it.

With regard to the distribution of personal belongings, he does not have the right to state how they should be distributed after he dies, because the share of each heir has been defined by Allaah, and He has explained who inherits and who does not inherit. So it is not permitted for any person to transgress the limits set by Allaah, because Allaah has warned against doing that. Allaah says in Soorat al-Nisaa’ (interpretation of the meaning):

“Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit; (these fixed shares) are ordained by Allaah. And Allaah is Ever All‑Knower, All‑Wise.

In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third, after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allaah; and Allaah is Ever All‑Knowing, Most‑Forbearing.

These are the limits (set by) Allaah (or ordainments as regards laws of inheritance), and whosoever obeys Allaah and His Messenger (Muhammad) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success.

And whosoever disobeys Allaah and His Messenger (Muhammad), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment”
[al-Nisaa’ 4:11-14]

And Allaah knows best.

Further reading: A 6-Step Guide to Making Your Will

Allah’s Beautiful Names: 99 or More? (Hadith No. 2392)

Bismillah.

Ahadith 2389 – 2391 (below) are repeats. See linked text for related posts.

Take a DEEP breath, this one is quite long! Probably the longest so far.. I sometimes marvel at the hadith narrators who memorized such long narrations word by word and transmitted them. May Allah bless them, it is because of their efforts and appreciation of the knowledge of hadith that we have all this treasure readily available to us today. Alhamdulillah.

Volume 3, Book 50, Number 891 :
Narrated by Al-Miswar bin Makhrama and Marwan (radiallaahu `anhumaa)
(whose narrations attest each other) Allah’s Apostle (sallallaahu `alayhi wasallam) set out at the time of Al-Hudaibiya (treaty), and when they proceeded for a distance, he said, “Khalid bin Al-Walid leading the cavalry of Quraish constituting the front of the army, is at a place called Al-Ghamim, so take the way on the right.” By Allah, Khalid did not perceive the arrival of the Muslims till the dust arising from the march of the Muslim army reached him, and then he turned back hurriedly to inform Quraish. The Prophet (sallallaahu `alayhi wasallam) went on advancing till he reached the Thaniyya (i.e. a mountainous way) through which one would go to them (i.e. people of Quraish). The she-camel of the Prophet (sallallaahu `alayhi wasallam) sat down. The people tried their best to cause the she-camel to get up but in vain, so they said, “Al-Qaswa’ (i.e. the she-camel’s name) has become stubborn! Al-Qaswa’ has become stubborn!” The Prophet (sallallaahu `alayhi wasallam) said, “Al-Qaswa’ has not become stubborn, for stubbornness is not her habit, but she was stopped by Him Who stopped the elephant.” Then he said, “By the Name of Him in Whose Hands my soul is, if they (i.e. the Quraish infidels) ask me anything which will respect the ordinances of Allah, I will grant it to them.” The Prophet (sallallaahu `alayhi wasallam) then rebuked the she-camel and she got up. The Prophet (sallallaahu `alayhi wasallam) changed his way till he dismounted at the farthest end of Al-Hudaibiya at a pit (i.e. well) containing a little water which the people used in small amounts, and in a short while the people used up all its water and complained to Allah’s Apostle (sallallaahu `alayhi wasallam); of thirst. The Prophet took an arrow out of his arrow-case and ordered them to put the arrow in that pit. By Allah, the water started and continued sprouting out till all the people quenched their thirst and returned with satisfaction. While they were still in that state, Budail bin Warqa-al-Khuza’i came with some persons from his tribe Khuza’a and they were the advisers of Allah’s Apostle who would keep no secret from him and were from the people of Tihama. Budail said, “I left Kab bin Luai and ‘Amir bin Luai residing at the profuse water of Al-Hudaibiya and they had milch camels (or their women and children) with them, and will wage war against you, and will prevent you from visiting the Kaba.” Allah’s Apostle (sallallaahu `alayhi wasallam) said, “We have not come to fight anyone, but to perform the ‘Umra. No doubt, the war has weakened Quraish and they have suffered great losses, so if they wish, I will conclude a truce with them, during which they should refrain from interfering between me and the people (i.e. the ‘Arab infidels other than Quraish), and if I have victory over those infidels, Quraish will have the option to embrace Islam as the other people do, if they wish; they will at least get strong enough to fight. But if they do not accept the truce, by Allah in Whose Hands my life is, I will fight with them defending my Cause till I get killed, but (I am sure) Allah will definitely make His Cause victorious.” Budail said, “I will inform them of what you have said.” So, he set off till he reached Quraish and said, “We have come from that man (i.e. Muhammad) whom we heard saying something which we will disclose to you if you should like.” Some of the fools among Quraish shouted that they were not in need of this information, but the wiser among them said, “Relate what you heard him saying.” Budail said, “I heard him saying so-and-so,” relating what the Prophet had told him. Urwa bin Mas’ud got up and said, “O people! Aren’t you the sons? They said, “Yes.” He added, “Am I not the father?” They said, “Yes.” He said, “Do you mistrust me?” They said, “No.” He said, “Don’t you know that I invited the people of ‘Ukaz for your help, and when they refused I brought my relatives and children and those who obeyed me (to help you)?” They said, “Yes.” He said, “Well, this man (i.e. the Prophet) has offered you a reasonable proposal, you’d better accept it and allow me to meet him.” They said, “You may meet him.” So, he went to the Prophet (sallallaahu `alayhi wasallam) and started talking to him. The Prophet (sallallaahu `alayhi wasallam) told him almost the same as he had told Budail. Then Urwa said, “O Muhammad! Won’t you feel any scruple in extirpating your relations? Have you ever heard of anyone amongst the Arabs extirpating his relatives before you? On the other hand, if the reverse should happen, (nobody will aid you, for) by Allah, I do not see (with you) dignified people, but people from various tribes who would run away leaving you alone.” Hearing that, Abu Bakr (radiallaahu `anhu) abused him and said, “Do you say we would run and leave the Prophet (sallallaahu `alayhi wasallam) alone?” Urwa said, “Who is that man?” They said, “He is Abu Bakr.” Urwa said to Abu Bakr (radiallaahu `anhu), “By Him in Whose Hands my life is, were it not for the favor which you did to me and which I did not compensate, I would retort on you.” Urwa kept on talking to the Prophet and seizing the Prophet’s (sallallaahu `alayhi wasallam) beard as he was talking while Al-Mughira bin Shu’ba (radiallaahu `anhu) was standing near the head of the Prophet, holding a sword and wearing a helmet. Whenever Urwa stretched his hand towards the beard of the Prophet (sallallaahu `alayhi wasallam), Al-Mughira (radiallaahu `anhu) would hit his hand with the handle of the sword and say (to Urwa), “Remove your hand from the beard of Allah’s Apostle (sallallaahu `alayhi wasallam).” Urwa raised his head and asked, “Who is that?” The people said, “He is Al-Mughira bin Shu’ba.” Urwa said, “O treacherous! Am I not doing my best to prevent evil consequences of your treachery?” Before embracing Islam Al-Mughira (radiallaahu `anhu) was in the company of some people. He killed them and took their property and came (to Medina) to embrace Islam. The Prophet (sallallaahu `alayhi wasallam) said (to him, “As regards your Islam, I accept it, but as for the property I do not take anything of it. (As it was taken through treason).
Urwa then started looking at the Companions of the Prophet (sallallaahu `alayhi wasallam). By Allah, whenever Allah’s Apostle (sallallaahu `alayhi wasallam) spat, the spittle would fall in the hand of one of them (i.e. the Prophet’s companions) who would rub it on his face and skin; if he ordered them they would carry his orders immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke to him, they would lower their voices and would not look at his face constantly out of respect. Urwa returned to his people and said, “O people! By Allah, I have been to the kings and to Caesar, Khosrau and An-Najashi, yet I have never seen any of them respected by his courtiers as much as Muhammad is respected by his companions. By Allah, if he spat, the spittle would fall in the hand of one of them (i.e. the Prophet’s companions) who would rub it on his face and skin; if he ordered them, they would carry out his order immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke, they would lower their voices and would not look at his face constantly out of respect.” Urwa added, “No doubt, he has presented to you a good reasonable offer, so please accept it.” A man from the tribe of Bani Kinana said, “Allow me to go to him,” and they allowed him, and when he approached the Prophet (sallallaahu `alayhi wasallam) and his companions, Allah’s Ap le I said, “He is so-and-so who belongs to the tribe that respects the Budn (i.e. camels of the sacrifice). So, bring the Budn in front of him.” So, the Budn were brought before him and the people received him while they were reciting Talbiya. When he saw that scene, he said, “Glorified be Allah! It is not fair to prevent these people from visiting the Ka’ba.” When he returned to his people, he said, ‘I saw the Budn garlanded (with colored knotted ropes) and marked (with stabs on their backs). I do not think it is advisable to prevent them from visiting the Ka’ba.” Another person called Mikraz bin Hafs got up and sought their permission to go to Muhammad, and they allowed him, too. When he approached the Muslims, the Prophet (sallallaahu `alayhi wasallam) said, “Here is Mikraz and he is a vicious man.” Mikraz started talking to the Prophet (sallallaahu `alayhi wasallam) and as he was talking, Suhail bin Amr came. When Suhail bin Amr came, the Prophet (sallallaahu `alayhi wasallam) said, “Now the matter has become easy.” Suhail said to the Prophet (sallallaahu `alayhi wasallam), “Please conclude a peace treaty with us.” So, the Prophet (sallallaahu `alayhi wasallam) called the clerk and said to him, “Write: By the Name of Allah, the most Beneficent, the most Merciful.” Suhail said, “As for ‘Beneficent,’ by Allah, I do not know what it means. So write: By Your Name O Allah, as you used to write previously.” The Muslims said, “By Allah, we will not write except: By the Name of Allah, the most Beneficent, the most Merciful.” The Prophet (sallallaahu `alayhi wasallam) said, “Write: By Your Name O Allah.” Then he dictated, “This is the peace treaty which Muhammad, Allah’s Apostle has concluded.” Suhail said, “By Allah, if we knew that you are Allah’s Apostle we would not prevent you from visiting the Kaba, and would not fight with you. So, write: “Muhammad bin Abdullah.” The Prophet (sallallaahu `alayhi wasallam) said, “By Allah! I am Apostle of Allah even if you people do not believe me. Write: Muhammad bin Abdullah.” (Az-Zuhri said, “The Prophet accepted all those things, as he had already said that he would accept everything they would demand if it respects the ordinance of Allah, (i.e. by letting him and his companions perform ‘Umra.)” The Prophet (sallallaahu `alayhi wasallam) said to Suhail, “On the condition that you allow us to visit the House (i.e. Ka’ba) so that we may perform Tawaf around it.” Suhail said, “By Allah, we will not (allow you this year) so as not to give chance to the ‘Arabs to say that we have yielded to you, but we will allow you next year.” So, the Prophet (sallallaahu `alayhi wasallam) got that written. Then Suhail said, “We also stipulate that you should return to us whoever comes to you from us, even if he embraced your religion.” The Muslims said, “Glorified be Allah! How will such a person be returned to the pagans after he has become a Muslim? While they were in this state Abu Jandal bin Suhail bin ‘Amr (radiallaahu `anhu) came from the valley of Mecca staggering with his fetters and fell down amongst the Muslims. Suhail said, “O Muhammad! This is the very first term with which we make peace with you, i.e. you shall return Abu Jandal to me.” The Prophet (sallallaahu `alayhi wasallam) said, “The peace treaty has not been written yet.” Suhail said, “I will never allow you to keep him.” The Prophet (sallallaahu `alayhi wasallam) said, “Yes, do.” He said, “I won’t do.” Mikraz said, “We allow you (to keep him).” Abu Jandal (radiallaahu `anhu) said, “O Muslims! Will I be returned to the pagans though I have come as a Muslim? Don’t you see how much I have suffered?” Abu Jandal (radiallaahu `anhu) had been tortured severely for the Cause of Allah.
Umar bin Al-Khattab (radiallaahu `anhu) said, “I went to the Prophet (sallallaahu `alayhi wasallam) and said, ‘Aren’t you truly the Apostle of Allah?’ The Prophet (sallallaahu `alayhi wasallam) said, ‘Yes, indeed.’ I said, ‘Isn’t our Cause just and the cause of the enemy unjust?’ He said, ‘Yes.’ I said, ‘Then why should we be humble in our religion?’ He said, ‘I am Allah’s Apostle and I do not disobey Him, and He will make me victorious.’ I said, ‘Didn’t you tell us that we would go to the Ka’ba and perform Tawaf around it?’ He said, ‘Yes, but did I tell you that we would visit the Ka’ba this year?’ I said, ‘No.’ He said, ‘So you will visit it and perform Tawaf around it?’ ” Umar (radiallaahu `anhu) further said, “I went to Abu Bakr (radiallaahu `anhu) and said, ‘O Abu Bakr! Isn’t he truly Allah’s Prophet?’ He replied, ‘Yes.’ I said, ‘Then why should we be humble in our religion?’ He said, ‘Indeed, he is Allah’s Apostle and he does not disobey his Lord, and He will make him victorious. Adhere to him as, by Allah, he is on the right.’ I said, ‘Was he not telling us that we would go to the Kaba and perform Tawaf around it?’ He said, ‘Yes, but did he tell you that you would go to the Ka’ba this year?’ I said, ‘No.’ He said, “You will go to Ka’ba and perform Tawaf around it.” (Az-Zuhri said, ” ‘Umar (radiallaahu `anhu) said, ‘I performed many good deeds as expiation for the improper questions I asked them.’ “)
When the writing of the peace treaty was concluded, Allah’s Apostle (sallallaahu `alayhi wasallam) said to his companions, “Get up and’ slaughter your sacrifices and get your head shaved.” By Allah none of them got up, and the Prophet (sallallaahu `alayhi wasallam) repeated his order thrice. When none of them got up, he left them and went to Um Salama (radiallaahu `anhaa) and told her of the people’s attitudes towards him. Um Salama (radiallaahu `anhaa) said, “O the Prophet of Allah! Do you want your order to be carried out? Go out and don’t say a word to anybody till you have slaughtered your sacrifice and call your barber to shave your head.” So, the Prophet (sallallaahu `alayhi wasallam) went out and did not talk to anyone of them till he did that, i.e. slaughtered the sacrifice and called his barber who shaved his head. Seeing that, the companions of the Prophet (sallallaahu `alayhi wasallam) got up, slaughtered their sacrifices, and started shaving the heads of one another, and there was so much rush that there was a danger of killing each other. Then some believing women came (to the Prophet (sallallaahu `alayhi wasallam)); and Allah revealed the following Divine Verses:- “O you who believe, when the believing women come to you as emigrants examine them . . .” (60.10) Umar (radiallaahu `anhu) then divorced two wives of his who were infidels. Later on Muawiya bin Abu Sufyan married one of them, and Safwan bin Umaya married the other.
When the Prophet returned to Medina, Abu Basir (radiallaahu `anhu), a new Muslim convert from Quraish came to him. The Infidels sent in his pursuit two men who said (to the Prophet ), “Abide by the promise you gave us.” So, the Prophet (sallallaahu `alayhi wasallam) handed him over to them. They took him out (of the City) till they reached Dhul-Hulaifa where they dismounted to eat some dates they had with them. Abu Basir (radiallaahu `anhu) said to one of them, “By Allah, O so-and-so, I see you have a fine sword.” The other drew it out (of the scabbard) and said, “By Allah, it is very fine and I have tried it many times.” Abu Bair (radiallaahu `anhu) said, “Let me have a look at it.” When the other gave it to him, he hit him with it till he died, and his companion ran away till he came to Medina and entered the Mosque running. When Allah’s Apostle (sallallaahu `alayhi wasallam) saw him he said, “This man appears to have been frightened.” When he reached the Prophet (sallallaahu `alayhi wasallam) he said, “My companion has been murdered and I would have been murdered too.” Abu Basir (radiallaahu `anhu) came and said, “O Allah’s Apostle, by Allah, Allah has made you fulfill your obligations by your returning me to them (i.e. the Infidels), but Allah has saved me from them.” The Prophet (sallallaahu `alayhi wasallam) said, “Woe to his mother! what excellent war kindler he would be, should he only have supporters.” When Abu Basir (radiallaahu `anhu) heard that he understood that the Prophet (sallallaahu `alayhi wasallam) would return him to them again, so he set off till he reached the seashore. Abu Jandal bin Suhail (radiallaahu `anhu) got himself released from them (i.e. infidels) and joined Abu Basir (radiallaahu `anhu). So, whenever a man from Quraish embraced Islam he would follow Abu Basir (radiallaahu `anhu) till they formed a strong group. By Allah, whenever they heard about a caravan of Quraish heading towards Sham, they stopped it and attacked and killed them (i.e. infidels) and took their properties. The people of Quraish sent a message to the Prophet (sallallaahu `alayhi wasallam) requesting him for the Sake of Allah and Kith and kin to send for (i.e. Abu Basir and his companions) promising that whoever (amongst them) came to the Prophet (sallallaahu `alayhi wasallam) would be secure. So the Prophet (sallallaahu `alayhi wasallam) sent for them (i.e. Abu Basir’s companions) and Allah I revealed the following Divine Verses: “And it is He Who Has withheld their hands from you and your hands From them in the midst of Mecca, After He made you the victorious over them. . . . the unbelievers had pride and haughtiness, in their hearts . . . the pride and haughtiness of the time of ignorance.” (48.24-26) And their pride and haughtiness was that they did not confess (write in the treaty) that he (i.e. Muhammad) was the Prophet of Allah and refused to write: “In the Name of Allah, the most Beneficent, the Most Merciful,” and prevented the Mushriks from visiting the Ka’ba.
Narrated Az-Zuhri: Urwa said, “Aisha (radiallaahu `anhaa) told me that Allah’s Apostle (sallallaahu `alayhi wasallam) used to examine the women emigrants. We have been told also that when Allah revealed the order that the Muslims should return to the pagans what they had spent on their wives who emigrated (after embracing Islam) and that the Mushriks should not keep unbelieving women as their wives, ‘Umar (radiallaahu `anhu) divorced two of his wives, Qariba, the daughter of Abu Urhaiya and the daughter of Jarwal Al-Khuza’i. Later on Mu’awlya married Qariba and Abu Jahm married the other.” When the pagans refused to pay what the Muslims had spent on their wives, Allah revealed: “And if any of your wives have gone from you to the unbelievers and you have an accession (By the coming over of a woman from the other side) (Then pay to those whose wives have gone) The equivalent of what they had spent (On their Mahr).” (60.11) So, Allah ordered that the Muslim whose wife, has gone, should be given, as a compensation of the Mahr he had given to his wife, from the Mahr of the wives of the pagans who had emigrated deserting their husbands. We do not know any of the women emigrants who deserted Islam after embracing it. We have also been told that Abu Basir bin Asid Ath-Thaqafi (radiallaahu `anhu) came to the Prophet (sallallaahu `alayhi wasallam) as a Muslim emigrant during the truce. Al-Akhnas bin Shariq wrote to the Prophet (sallallaahu `alayhi wasallam) requesting him to return Abu Basir (radiallaahu `anhu).

Volume 3, Book 50, Number 892 :
Narrated by Abu Huraira (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) mentioned a person who asked an Israeli man to lend him one-thousand Dinars, and the Israeli lent him the sum for a certain fixed period.

Volume 3, Book 50, Number 893 :
Narrated by Amra
Aisha (radiallaahu `anhaa) said that Buraira came to seek her help in the writing of her emancipation. ‘Aisha (radiallaahu `anhaa) said to her, “If you wish, I will pay your masters (your price) and the wala’ will be for me.” When Allah’s Apostle (sallallaahu `alayhi wasallam) came, she told him about it. The Prophet (sallallaahu `alayhi wasallam) said to her, “Buy her (i.e. Buraira) and manumit her, for the Wala is for the one who manumits.” Then Allah’s Apostle (sallallaahu `alayhi wasallam) ascended the pulpit and said, “What about those people who stipulate conditions which are not in Allah’s Laws? Whoever stipulates such conditions as are not in Allah’s Laws, then those conditions are invalid even if he stipulated a hundred such conditions.”

Today’s Hadith:

Volume 3, Book 50, Number 894 :
Narrated by Abu Huraira (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Allah has ninety-nine names, i.e. one-hundred minus one, and whoever knows them will go to Paradise.”

“Leaning by heart”, which is mentioned in another version, implies the following:

1.     Memorising them

2.     Understanding their meaning

3.     Acting in accordance with the meanings. So if a person knows that He is One, he does not associate anything else with Him. If he knows that He is the Provider (ar-Razzaaq), he does not seek provision from anyone other than Him. If he knows that He is Most Merciful (ar-Raheem), then he does acts of obedience and worship that are the means of attaining this mercy… and so on.

4.     Calling upon Him by these names, as He, may He be glorified and exalted, says (interpretation of the meaning): “And (all) the Most Beautiful Names belong to Allah, so call on Him by them’ [al-A‘raaf 7:180]. So he might say: O Most Merciful (Ya Rahmaan), have mercy on me; O Oft-forgiving (Ya Ghafoor), forgive me; O Accepter of repentance (Ya Tawwaab), accept my repentance, and so on.

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Shaykh Muhammad ibn Saalih al-‘Uthaymeen said:

Learning them by heart does not mean writing them down on a piece of paper then repeating them until one has memorised them. Rather what it means is:

Firstly: learning how to pronounce the names

Secondly: understanding their meanings.

Thirdly: worshipping Allah in accordance with what they signify, which involves two things:

(i)                Calling upon Allah by them, because He, may He be exalted, says (interpretation of the meaning): “… so call on Him by them” [al-A‘raaf 7:180], to that they may become a means of attaining what you seek, so choose a name that is appropriate to what you seek. When asking for forgiveness, say: O Oft-forgiving (Ya Ghafoor), forgive me. It is not appropriate to say: O You Who are stern in punishment (Ya Shadeed al-‘Iqaab), forgive me; rather that is more akin to mockery. What you should say (if you call upon Allah by this name) is: Save me from Your punishment.

(ii)              In your acts of worship you should do is what is implied by these names. What is implied by the name ar-Raheem (Most Merciful) is mercy, so do righteous deeds that will bring the mercy of Allah. This is what is meant by learning them by heart; if it is done like this, then it deserves to be the price of admission to Paradise. End quote.

Majmoo‘ Fataawa wa Rasaa’il Ibn ‘Uthaymeen, 1/74

Taken from IslamQA

Are the Names of Allah limited to 99?

Some of the scholars (such as Ibn Hazm – may Allaah have mercy on him) understood this hadeeth as meaning that the names of Allaah are limited to this number. See al-Muhalla, 1/51

But what Ibn Hazm said is not supported by the majority of scholars. Rather some of them (such as al-Nawawi) narrated that the scholars are agreed that the names of Allaah are not limited to this number. It seems that they regarded the view of Ibn Hazm as odd and as something that should not be paid any attention.

In support of the view that the beautiful names of Allaah are not limited to this number, they quoted the report narrated by Ahmad (3704) from ‘Abd-Allaah ibn Mas’ood who said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “There is no-one who is afflicted by distress and grief, and says: ‘Allaahumma inni ‘abduka ibn ‘abdika ibn amatija naasyati bi yadika, maada fiyya hukmuka, ‘adlun fiyya qadaa’uka. As’aluka bi kulli ismin huwa laka sammayta bihi nafsaka aw anzaltahu fi kitaabika aw ‘allamtahu ahadan min khalqika aw ista’tharta bihi fi ‘ilm il-ghayb ‘indaka an taj’al al-Qur’aana rabee’ qalbi wa noor sadri wa jalaa’ huzni wa dhihaab hammi (O Allaah, I am Your slave, son of Your slave, son of Your maidservant; my forelock is in Your hand, Your command over me is forever executed and Your decree over me is just. I ask You by every name belonging to You which You have named Yourself with, or revealed in Your Book, or You taught to any of Your creation, or You have preserved in the knowledge of the Unseen with You, that You make the Qur’aan the life of my heart and the light of my breast, and a departure for my sorrow and a release for my anxiety),’ but Allaah will take away his distress and grief, and replace it with joy.” He was asked: “O Messenger of Allaah, should we learn this?” He said: “Of course; everyone who hears it should learn it.”

Classed as saheeh by al-Albaani in al-Silsilah al-Saheehah, 199.

The phrase “or You have preserved in the knowledge of the Unseen with You” indicates that there are beautiful names of Allaah that He has kept with Him in the knowledge of the Unseen, and which none of His creation has come to know. This indicates that there are more than ninety-nine Names.

Shaykh al-Islam [Ibn Taymiyah] said concerning this hadeeth in Majmoo’ al-Fataawa (6/374):

This indicates that Allaah has more than ninety-nine names.

And he said (22/482):

Al-Khattaabi said: This indicates that He has names that He has preserved with Him, and that indicates that the words “Allaah has ninety-nine names, whoever learns them will enter Paradise” mean that there are ninety-nine of His names which whoever learns them will enter Paradise. This is like saying, “I have one thousand dirhams which I have prepared to give in charity,” even if his wealth is greater than that. In the Qur’aan Allaah says (interpretation of the meaning):

“And (all) the Most Beautiful Names belong to Allaah, so call on Him by them”

[al-A’raaf 7:180]

Allaah has commanded us to call upon Him by His names in general terms, He did not say that He has only ninety-nine names.

Al-Nawawi (may Allah have mercy on him) stated in Sharh Saheeh Muslim that the scholars were unanimously agreed on that, and he said:

The scholars are unanimously agreed that this hadeeth does not mean that Allaah has only ninety-nine names, or that He does not have any other names apart from these ninety-nine. Rather what the hadeeth means is that whoever learns these ninety-nine will enter Paradise. The point is that one may enter Paradise by learning them, not that the number is limited to these names.

And Shaykh Ibn ‘Uthaymeen was asked about that and replied:

The names of Allaah are not limited to a certain number. The evidence for that is the words of the Prophet (peace and blessings of Allaah be upon him) in the saheeh hadeeth: “O Allaah, I am Your slave, son of Your slave… I ask You by every name belonging to You which You have named Yourself with, or revealed in Your Book, or You taught to any of Your creation, or You have preserved in the knowledge of the Unseen with You.”

What Allaah has preserved in the knowledge of the unseen with Him cannot be known and what is not known is unlimited.

With regard to the words of the Prophet (peace and blessings of Allaah be upon him), “Allaah has ninety-nine names, one hundred less one. Whoever learns them will enter Paradise,” this does not mean that He does not have any names apart from these, rather it means that whoever learns these ninety-nine of His names will enter Paradise. This is like when the Arabs say: “I have one hundred horses which I have prepared for jihad for the sake of Allaah,” which does not mean that the speaker has only these hundred horses, rather these hundred are prepared for this purpose.

Majmoo’ Fataawa Ibn ‘Uthaymeen, 1/122.

Taken from IslamQA

Expulsion of Jews and Christians from Arabia (Hadith No. 2388)

Bismillah.

Ahadith 2386 – 2387 (below) are repeats. See linked text for related posts.

Volume 3, Book 50, Number 888 :
Narrated by Ubai bin Kab (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Moses the Apostle of Allah,” and then he narrated the whole story about him. Al-Khadir said to Moses, “Did not I tell you that you can have no patience with me.” (18.72). Moses then violated the agreement for the first time because of forgetfulness, then Moses promised that if he asked Al-Khadir about anything, the latter would have the right to desert him. Moses abided by that condition and on the third occasion he intentionally asked Al-Khadir and caused that condition to be applied. The three occasions referred to above are referred to by the following Verses: “Call me not to account for forgetting And be not hard upon me.” (18.73) “Then they met a boy and Khadir killed him.” (18.74) “Then they proceeded and found a wall which was on the verge of falling and Khadir set it up straight.” (18.77)

Volume 3, Book 50, Number 889 :
Narrated by Urwa
Aisha (radiallaahu `anhaa) said, “Buraira came to me and said, ‘My people (masters) have written the contract for my emancipation for nine Awaq ) of gold) to be paid in yearly installments, one Uqiyya per year; so help me.” Aisha (radiallaahu `anhaa) said (to her), “If your masters agree, I will pay them the whole sum provided the Wala will be for me.” Buraira went to her masters and told them about it, but they refused the offer and she returned from them while Allah’s Apostle (sallallaahu `alayhi wasallam) was sitting. She said, “I presented the offer to them, but they refused unless the Wala’ would be for them.” When the Prophet (sallallaahu `alayhi wasallam) heard that and ‘Aisha (radiallaahu `anhaa) told him about It, he said to her, “Buy Buraira and let them stipulate that her Wala’ will be for them, as the Wala’ is for the manumitted.” ‘Aisha (radiallaahu `anhaa) did so. After that Allah’s Apostle (sallallaahu `alayhi wasallam) got up amidst the people, Glorified and Praised Allah and said, “What is wrong with some people who stipulate things which are not in Allah’s Laws? Any condition which is not in Allah’s Laws is invalid even if there were a hundred such conditions. Allah’s Rules are the most valid and Allah’s Conditions are the most solid. The Wala is for the manumitted.

Today’s Hadith:

Volume 3, Book 50, Number 890 :
Narrated by Ibn Umar (radiallaahu `anhu)
When the people of Khaibar dislocated Abdullah bin Umar’s (radiallaahu `anhu) hands and feet, Umar (radiallaahu `anhu) got up delivering a sermon saying, “No doubt, Allah’s Apostle (sallallaahu `alayhi wasallam) made a contract with the Jews concerning their properties, and said to them, ‘We allow you (to stand in your land) as long as Allah allows you.’ Now Abdullah bin Umar went to his land and was attacked at night, and his hands and feet were dislocated, and as we have no enemies there except those Jews, they are our enemies and the only people whom we suspect, I have made up my mind to exile them.”
When Umar (radiallaahu `anhu) decided to carry out his decision, a son of Abu Al-Haqiq’s came and addressed ‘Umar, “O chief of the believers, will you exile us although Muhammad allowed us to stay at our places, and made a contract with us about our properties, and accepted the condition of our residence in our land?” ‘Umar (radiallaahu `anhu) said, “Do you think that I have forgotten the statement of Allah’s Apostle (sallallaahu `alayhi wasallam), i.e. “What will your condition be when you are expelled from Khaibar and your camel will be carrying you night after night?” The Jew replied, “That was joke from Abu-l-Qasim.” ‘Umar (radiallaahu `anhu) said, “O the enemy of Allah! You are telling a lie.” ‘Umar (radiallaahu `anhu) then drove them out and paid them the price of their properties in the form of fruits, money, camel saddles and ropes, etc.”

At the time of his death the Holy Prophet had expressed the view that in Arabia there should be only one religion, namely Islam. During the lifetime of the Holy Prophet, all the tribes in Arabia had accepted Islam. There were only a few pockets of non-Muslims, the Jews in Khyber, and the Christians in Najran.

During the caliphate of Abu Bakr, many tribes who had accepted Islam apostatised. As a result of the apostasy wars, all the apostate tribes were defeated and they once again accepted Islam. During the brief period of his office, Abu Bakr allowed the status quo to continue with regard to the Jews and the Christians.

At the time of the conquest of Khyber, a treaty was executed with the Jews whereunder they were allowed to cultivate the lands on the payment of one half of the produce to the Muslim state at Madina. The treaty also provided that the Jews could be turned out of Khyber, whenever the Muslim state deemed it necessary.

When Umar became the Caliph he deputed his son Abdullah to Khyber to collect the revenue. As Abdullah lay sleeping on the roof of a house in Khyber at night, his bed was overturned by the Jews causing him an injury in the arm. Umar investigated the matter and found that the Jews were bent on mischief. Umar accordingly passed orders expelling the Jews from Khyber. They migrated to Syria. They were allowed to carry their movable belongings with them. Their immovable property in Khyber was distributed among the Muslims.

The Christians of Najran near Yemen had a pact with the Holy Prophet “hereunder they were allowed to live in peace unless they indulged in any hostile activities against Islam. It was also stipulated that they would not indulge in usury. When Umar became the Caliph it was brought to his notice that the Christians of Najran had violated the peace pact in as much as they were indulging in usury, and were also guilty of activities hostile to Islam.

Umar summoned the representatives of the Christians of Najran, and apprised them of the charge of violating the terms of the treaty. In a vainglorious mood the deputationists said “If that was that, they might be expelled.” Umar accordingly passed orders for their expulsion. Arrangements were made for their settlement in Iraq. They were allowed to carry their entire movable property with them. Their immovable property was acquired by the state on payment.

Umar instructed his officers in Iraq that all possible assistance should be provided for the settlement of the refugees from Najran in Iraq. The Christians were exempted from the payment of Jizya for the first two years.

With the expulsion of the Jews and the Christians from Arabia, the country became an exclusively Muslim land. Umar has thus the distinction of being the first ruler under whom Arabia became the exclusive preserve for Islam.

Source: Hadrat Abu Bakr, Umar, Usman, Ali (ra) 4 Vol. Set

PicsArt_1418613159613

Can He Propose to an Engaged Woman? [+1] (Ahadith 2381 – 2385)

Bismillah.

Ahadith 2381 – 2385 (below) are repeats. See linked text to for related posts.

Volume 3, Book 50, Number 883 :
Narrated by Rafi bin Khadij (radiallaahu `anhu)
We used to work on the fields more than the other Ansar, and we used to rent the land (for the yield of a specific portion of it). But sometimes that portion or the rest of the land did not give any yield, so we were forbidden (by the Prophet (sallallaahu `alayhi wasallam)) to follow such a system, but we were allowed to rent the land for money.

Volume 3, Book 50, Number 884 :
Narrated by Abu Huraira (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) said, “No town-dweller should sell for a bedouin. Do not practice Najsh (i.e. Do not offer a high price for a thing which you do not want to buy, in order to deceive the people). No Muslim should offer more for a thing already bought by his Muslim brother, nor should he demand the hand of a girl already engaged to another Muslim. A Muslim woman shall not try to bring about The divorce of her sister (i.e. another Muslim woman) in order to take her place herself.”

Volume 3, Book 50, Number 885 :
Narrated by Abu Huraira and Zaid bin Khalid Al-Juhani (radiallaahu `anhumaa)
A bedouin came to Allah’s Apostle (sallallaahu `alayhi wasallam) and said, “O Allah’s apostle! I ask you by Allah to judge My case according to Allah’s Laws.” His opponent, who was more learned than he, said, “Yes, judge between us according to Allah’s Laws, and allow me to speak.” Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Speak.” He (i .e. the bedouin or the other man) said, “My son was working as a laborer for this (man) and he committed illegal sexual intercourse with his wife. The people told me that it was obligatory that my son should be stoned to death, so in lieu of that I ransomed my son by paying one hundred sheep and a slave girl. Then I asked the religious scholars about it, and they informed me that my son must be lashed one hundred lashes, and be exiled for one year, and the wife of this (man) must be stoned to death.” Allah’s Apostle (sallallaahu `alayhi wasallam) said, “By Him in Whose Hands my soul is, I will judge between you according to Allah’s Laws. The slave-girl and the sheep are to be returned to you, your son is to receive a hundred lashes and be exiled for one year. You, Unais, go to the wife of this (man) and if she confesses her guilt, stone her to death.” Unais went to that woman next morning and she confessed. Allah’s Apostle (sallallaahu `alayhi wasallam) ordered that she be stoned to death.

Volume 3, Book 50, Number 886 :
Narrated by Aiman Al-Makki
When I visited Aisha (radiallaahu `anhaa) she said, “Buraira who had a written contract for her emancipation for a certain amount came to me and said, “O mother of the believers! Buy me and manumit me, as my masters will sell me.” Aisha (radiallaahu `anhaa) agreed to it. Buraira said, ‘My masters will sell me on the condition that my Wala will go to them.” Aisha (radiallaahu `anhaa) said to her, ‘Then I am not in need of you.’ The Prophet (sallallaahu `alayhi wasallam) heard of that or was told about it and so he asked Aisha, ‘What is the problem of Buraira?’ He said, ‘Buy her and manumit her, no matter what they stipulate.’ Aisha (radiallaahu `anhaa) added, ‘I bought and manumitted her, though her masters had stipulated that her Wala would be for them.’ The Prophet (sallallaahu `alayhi wasallam) said, The Wala is for the liberator, even if the other stipulated a hundred conditions.

Volume 3, Book 50, Number 887 :
Narrated by Abu Huraira (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) forbade (1) the meeting of the caravan (of goods) on the way, (2) and that a residing person buys for a bedouin, (3) and that a woman stipulates the divorce of the wife of the would-be husband, (4) and that a man tries to cause the cancellation of a bargain concluded by another. He also forbade An-Najsh and that one withholds the milk in the udder of the animal so that he may deceive people on selling it.

Most of the points in the above mentioned ahadith have been covered before (see links). We’ll cover the remaining ones here:

Ruling on proposing marriage to a girl who is already engaged (same rule applies to a man who tries to cause the cancellation of a bargain concluded by another).

If a person has proposed marriage to a woman, it is not permitted for anyone else to offer a proposal to her, because of the hadeeth of Ibn ‘Umar (may Allaah be pleased with him) which states that the Prophet (peace and blessings of Allaah be upon him) said: “No man should offer a proposal of marriage over the proposal of his brother until the first one gives up or gives him permission.” (Reported by al-Bukhaari, 4746).

There follow quotations from Ibn Hijr’s commentary which will shed more light on the matter:

The majority of scholars said: This amounts to a prohibition… The Shaafi’is and Hanbalis said: it is prohibited when the woman proposed to, or her appointed guardian, has stated that she accepts the offer, but if she has stated that she rejects this offer, it is not prohibited. If the second man does not know the situation, then he is permitted to propose marriage, because the basic principle is that proposing marriage is something permitted… If the woman has not answered either way, it is permitted. Al-Tirmidhi reported from al-Shaafi’i that the meaning of the hadeeth is: if a man proposes to a woman and she likes him and accepts, no-one else should propose to her after that, but if he (the second man) does not know that she liked and accepted that proposal, there is nothing wrong with his proposing to her. The evidence for this is the story of Faatimah bint Qays, who did not tell (the Prophet (peace and blessings of Allaah be upon him)) that she had accepted the proposal of one (of two men who had proposed to her). If she had told him, he would not have advised her to marry someone other than the one she had chosen. If there is no word of acceptance or rejection from the woman, some of the Shaafi’is say that it is definitely permitted… Al-Shaafi’i said that in the case of a virgin, her silence indicates her acceptance of a suitor.

The hadeeth was interpretated as meaning that if the first man to propose gives permission to the second, it is no longer prohibited for him to propose. … It was reported from Ibn al-Qaasim, the companion of Maalik, that if the first suitor is immoral, a chaste man is permitted to propose over his proposal. Ibn al-‘Arabi said that this was correct… This is applicable if the woman is chaste, because an immoral man would not be compatible for her, and his proposal would be like no proposal at all.

The phrase “until he marries her”* means until the first suitor has gone ahead and married her, so that anyone else will realize that there is no longer any point in proposing; “or gives up” means that the first suitor decides not to go ahead, in which case it is permitted for the second to offer his proposal.

* Please note these words are in another Riwaayah

Taken from IslamQA

Ruling on a woman stipulating at the time of marriage that her husband-to-be has to divorce his first wife.

Shaykh ‘Abdul-‘Azeez ar-Raajihi said:

If a woman stipulates at the time of the [marriage] contract that [her husband-to-be] is not to marry again whilst he remains married to her, then this condition is valid, and she is allowed to make such a stipulation. So if he remarries, then she has a choice: If she wishes – she can remain with him, and if she wishes – she can [legally] be divorced from him.

If she stipulates at the time of the [marriage] contract that [her husband-to-be] is to divorce his first wife, but he does not, then [in this case] he is not required to do so. The reason being thatthis condition is invalid because of the saying of the Prophet (sallallaahu ‘alayhi wa sallam):

“It is not permissible for a woman to demand her sister’s divorce so that she may take her place and get married. She cannot have more than what is decreed for her.”

[Saheeh Muslim/1408, Musnad Ahmad/2-489]

…so he forbade the stipulation of this condition. And [in legal terms] a forbiddance amounts to invalidity, so this [hadeeth] implies that such a condition is indeed invalid.

Source: Taqyeed ash-Shawaarid min al-Qawaa’id wal-Fawaa’id – Page 284-285

Types of Conditions in the Marriage Contract (Hadith No. 2380)

Bismillah.

Ahadith 2373 – 2379 (below) are repeats. See linked text for related posts.

Volume 3, Book 50, Number 875 :
Narrated by Jarir (radiallaahu `anhu)
When I gave the pledge of allegiance to Allah’s Apostle (sallallaahu `alayhi wasallam) and he stipulated that I should give good advice to every Muslim.

Volume 3, Book 50, Number 876 :
Narrated by Jabir bin ‘Abdullah (radiallaahu `anhu)
I gave the pledge of allegiance to Allah’s Apostle (sallallaahu `alayhi wasallam) for offering the prayers perfectly paying the Zakat and giving good advice to every Muslim.

Volume 3, Book 50, Number 877 :
Narrated by Abdullah bin Umar (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “If someone sells pollinated date-palms, their fruits will be for the seller, unless the buyer stipulates the contrary.”

Volume 3, Book 50, Number 878 :
Narrated by Urwa
Aisha (radiallaahu `anhaa) told me that Buraira came to seek her help in writing for emancipation and at that time she had not paid any part of her price. ‘Aisha (radiallaahu `anhaa) said to her, “Go to your masters and if they agree that I will pay your price (and free you) on condition that your Wala’ will be for me, I will pay the money.” Buraira told her masters about that, but they refused, and said, “If ‘Aisha wants to do a favor she could, but your Wala will be for us.” Aisha (radiallaahu `anhaa) informed Allah’s Apostle (sallallaahu `alayhi wasallam) of that and he said to her, “Buy and manumit Buraira as the Wala’ will go to the manumitted.

Volume 3, Book 50, Number 879 :
Narrated by Jabir (radiallaahu `anhu)
While I was riding a (slow) and tired camel, the Prophet (sallallaahu `alayhi wasallam) passed by and beat it and prayed for Allah’s Blessings for it. The camel became so fast as it had never been before. The Prophet (sallallaahu `alayhi wasallam) then said, “Sell it to me for one Uqiyya (of gold).” I said, “No.” He again said, “Sell it to me for one Uqiyya (of gold).” I sold it and stipulated that I should ride it to my house. When we reached (Medina) I took that camel to the Prophet (sallallaahu `alayhi wasallam) and he gave me its price. I returned home but he sent for me (and when I went to him) he said, “I will not take your camel. Take your camel as a gift for you.” (Various narrations are mentioned here with slight variations in expressions relating the condition that Jabir had the right to ride the sold camel up to Medina).

Volume 3, Book 50, Number 880 :
Narrated by Abu Huraira (radiallaahu `anhu)
The Ansar said to the Prophet (sallallaahu `alayhi wasallam), “Divide our date-palms between us and our emigrant brothers.” The Prophet (sallallaahu `alayhi wasallam) said, “No.” The Ansar said to the emigrants, “You may do the labor (in our gardens) and we will share the fruits with you.” The emigrants said, “We hear and obey.”

Volume 3, Book 50, Number 881 :
Narrated by Abdullah bin Umar (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) gave the land of Khaibar to the Jews on the condition that they would work on it and cultivate it and they would get half of its yield.

Today’s Hadith:

Volume 3, Book 50, Number 882 :
Narrated by Uqba bin Amir (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “From among all the conditions which you have to fulfill, the conditions which make it legal for you to have sexual relations (i.e. the marriage contract) have the greatest right to be fulfilled.”

The basic principle with regard to the conditions stipulated by both partners in the marriage contract is that it is a valid condition that must be fulfilled, and it is not permissible to break it.

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:

The basic principle with regard to conditions in the marriage contract is that they are valid, unless there is proof to show that they are not valid. The evidence for that is the general meaning of the evidence which speaks of fulfilling covenants:

“O you who believe! Fulfil (your) obligations” [al-Maa’idah 5:1]

“And fulfil (every) covenant. Verily, the covenant will be questioned about” [al-Isra’ 17:34]

And in the hadeeth narrated from the Messenger (blessings and peace of Allah be upon him) it says: “The Muslims are bound by their conditions, except a condition that forbids what is permissible or permits what is forbidden.” Narrated by al-Tirmidhi (1352). And he (blessings and peace of Allah be upon him) said: “Whoever stipulates a condition that is not in the Book of Allaah it is not valid, even if he stipulates a hundred times.” Narrated by al-Bukhaari (2155) and Muslim (1504).

To sum up, the basic principle with regard to conditions is that they are permissible and valid, whether they are to do with marriage, buying and selling, renting, pledges or mortgages, or awqaaf. The ruling on the conditions that are stipulated in contracts, if they are valid, is that they must be fulfilled, because of the general meaning of the verse (interpretation of the meaning):

“O you who believe! Fulfil (your) obligations” [al-Maa’idah 5:1].

Al-Sharh al-Mumti’, 5/241 (Egyptian edition).

With regard to the woman stipulating that the husband should not take a second wife, the opinion of some scholars is that this condition is permissible, and if the husband breaks it, the wife has the right to annul the marriage and take her dues in full.

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:

If she stipulates that he should not take another wife, this is permissible. Some of the scholars said that it is not permissible, because it is restricting the husband in something that Allah has permitted to him, and it is contrary to the Qur’aan in which it says (interpretation of the meaning): “then marry (other) women of your choice, two or three, or four” [al-Nisa’ 4:3]. It may be said in response to that that she has a reason to ask him not to marry another wife and she is not transgressing against anyone. The husband himself is the one who is giving up his right; if he has the right to marry more than one, he is giving it up. So what is to prevent this condition being valid?

Hence the correct view with regard to this matter is the view of Imam Ahmad (may Allah have mercy on him), which is that this condition is valid.

Al-Sharh al-Mumti’, 5/243

Read this to know about the basic requirements of a marriage contract.

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