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Of Peace Treaties, Asylums and Betrayals (2792 – 2810)

Bismillah.

This post contains a lot of ahadith related to peace treaties between Muslims and non-Muslims, asylum/protection given by a Muslim to non-Muslims, and betrayals or treachery concerning these treaties, so take your time going through it. I have explained where necessary, otherwise you’ll find the hyperlinked text and the related posts helpful inshaAllah.

Volume 4, Book 53, Number 394 :
Narrated by Abu Huraira (radiallaahu `anhu)
When Khaibar was conquered, a roasted poisoned sheep was presented to the Prophet (sallallaahu `alayhi wasallam) as a gift (by the Jews). The Prophet (sallallaahu `alayhi wasallam) ordered, “Let all the Jews who have been here, be assembled before me.” The Jews were collected and the Prophet (sallallaahu `alayhi wasallam) said (to them), “I am going to ask you a question. Will you tell the truth?” They said, “Yes.’ The Prophet (sallallaahu `alayhi wasallam) asked, “Who is your father?” They replied, “So-and-so.” He said, “You have told a lie; your father is so-and-so.” They said, “You are right.” He said, “Will you now tell me the truth, if I ask you about something?” They replied, “Yes, O AbuAl-Qasim; and if we should tell a lie, you can realize our lie as you have done regarding our father.” On that he asked, “Who are the people of the (Hell) Fire?” They said, “We shall remain in the (Hell) Fire for a short period, and after that you will replace us.” The Prophet (sallallaahu `alayhi wasallam) said, “You may be cursed and humiliated in it! By Allah, we shall never replace you in it.” Then he asked, “Will you now tell me the truth if I ask you a question?” They said, “Yes, O Abu-AI-Qasim.” He asked, “Have you poisoned this sheep?” They said, “Yes.” He asked, “What made you do so?” They said, “We wanted to know if you were a liar in which case we would get rid of you, and if you are a prophet then the poison would not harm you.”

As you will find discussed in the above linked post, the Prophet (peace and blessings of Allaah be upon him) did not kill the woman who poisoned the sheep (Zaynab bint al-Haarith, the wife of Salaam ibn Mashkam) at first, but when Bishr ibn al-Bara’ ibn Ma’roor died as a result of the effects of this food, then he executed her as a qisaas punishment.

Volume 4, Book 53, Number 395 :
Narrated by ‘Asim
I asked Anas (radiallaahu `anhu) about the Qunut (i.e. invocation in the prayer). Anas (radiallaahu `anhu) said, “It should be recited before bowing.” I said, “So-and-so claims that you say that it should be recited after bowing.” He replied, “He is mistaken.” Then Anas (radiallaahu `anhu) narrated to us that the Prophet (sallallaahu `alayhi wasallam) invoked evil on the tribe of Bani-Sulaim for one month after bowing. ‘ Anas (radiallaahu `anhu) further said, “The Prophet (sallallaahu `alayhi wasallam) had sent 40 or 70 Qaris (i.e. men well versed in the knowledge of the Qur’an) to some pagans, but the latter struggled with them and martyred them, although there was a peace pact between them and the Prophet (sallallaahu `alayhi wasallam). I had never seen the Prophet (sallallaahu `alayhi wasallam) so sorry and worried about anybody as he was about them (i.e. the Qaris).”

This shows that the Prophet (sallallaahu `alayhi wasallam) cursed those who broke the peace pact in such a brutal way. Can we invoke Allah’s curse on those who brutally slaughter our Muslim brothers and sisters? Yes.

Volume 4, Book 53, Number 396 :
Narrated by Um Hani (radiallaahu `anhaa), the daughter of Abu Talib:
I went to Allah’s Apostle (sallallaahu `alayhi wasallam) on the day of the conquest of Mecca and found him taking a bath, and his daughter Fatima was screening him. I greeted him and he asked, “Who is that?” I said, “I, Um Hani bint Abi Talib.” He said, “Welcome, O Um Hani.” When he had finished his bath, he stood up and offered eight Rakat while dressed in one garment. I said, “O Allah’s Apostle! My brother ‘Ali has declared that he will kill a man to whom I have granted asylum. The man is so and-so bin Hubaira.” Allah’s Apostle (sallallaahu `alayhi wasallam) said, “O Um Hani! We will grant asylum to the one whom you have granted asylum.” (Um Hani (radiallaahu `anhaa) said, “That (visit) took place in the Duha (i.e. forenoon)).

One Muslim’s protection = all Muslims’ protection.

Volume 4, Book 53, Number 397 :
Narrated by Ibrahim At-Tamimi’s father
‘Ali (radiallaahu `anhu) delivered a sermon saying, “We have no book to read except the Book of Allah and what is written in this paper which contains verdicts regarding (retaliation for) wounds, the ages of the camels (given as Zakat or as blood money) and the fact that Medina is a sanctuary in between `Ayr mountain to so-and-so (mountain). So, whoever innovates in it an heresy or commits a sin or gives shelter in it, to such an innovator will incur the Curse of Allah, the angels and all the people, and none of his compulsory or optional good deeds of worship will be accepted. And whoever (freed slave) takes as his master (i.e. befriends) other than his real masters will incur the same (Curse). And the asylum granted by any Muslim is to be secured by all the other Muslims, and whoever betrays a Muslim in this respect will incur the same (Curse).”

Volume 4, Book 53, Number 398 :
Narrated by Sahl bin Abi Hathma
‘Abdullah bin Sahl and Muhaiyisa bin Mas’ud bin Zaid set out to Khaibar, the inhabitants of which had a peace treaty with the Muslims at that time. They parted and later on Muhaiyisa came upon ‘Abdullah bin Sahl and found him murdered agitating in his blood. He buried him and returned to Medina. ‘Abdur Rahman bin Sahl, Muhaiyisa and Huwaiuisa, the sons of Mas’ud came to the Prophet (sallallaahu `alayhi wasallam) and ‘Abdur Rahman intended to talk, but the Prophet (sallallaahu `alayhi wasallam) said (to him), “Let the eldest of you speak.” as ‘Abdur-Rahman was the youngest. ‘Abdur-Rahman kept silent and the other two spoke. The Prophet (sallallaahu `alayhi wasallam) said, “If you swear as to who has committed the murder, you will have the right to take your right from the murderer.” They said, “How should we swear if we did not witness the murder or see the murderer?” The Prophet (sallallaahu `alayhi wasallam) said, “Then the Jews can clear themselves from the charge by taking Alaska (an oath taken by men that it was not they who committed the murder).” They said, “How should we believe in the oaths of infidels?” So, the Prophet (sallallaahu `alayhi wasallam) himself paid the blood money (of ‘Abdullah).

Because of the peace treaty between Muslims and Jews of Khaibar and the lack of evidence, Prophet (sallallaahu `alayhi wasallam) accepted the Jews’ oath and did not make a move against them. Yes, peace treaties are to be honored like that.

https://i1.wp.com/cdn.cultureunplugged.com/thumbnails_16_9/lg/8656.jpg

Volume 4, Book 53, Number 399 :
Narrated by ‘ Abdullah bin ‘Abbas (radiallaahu `anhu)
That Abu Sufyan bin Harb informed him that Heraclius called him and the members of a caravan from Quraish who had gone to Sham as traders, during the truce which Allah’s Apostle (sallallaahu `alayhi wasallam) had concluded with Abu Sufyan and the Quraish infidels.

Volume 4, Book 53, Number 400 :
Narrated by Aisha (radiallaahu `anhaa)
Once the Prophet (sallallaahu `alayhi wasallam) was bewitched so that he began to imagine that he had done a thing which in fact he had not done.

This narration is included here because of the matter of the person (a Jew) who cast this magic spell on the Prophet (sallallaahu `alayhi wasallam) while being in a peace contract with the Muslims. Read more here.

Volume 4, Book 53, Number 401 :
Narrated by Auf bin Mali (radiallaahu `anhu)
I went to the Prophet (sallallaahu `alayhi wasallam) during the Ghazwa of Tabuk while he was sitting in a leather tent. He said, “Count six signs that indicate the approach of the Hour: my death, the conquest of Jerusalem, a plague that will afflict you (and kill you in great numbers) as the plague that afflicts sheep, the increase of wealth to such an extent that even if one is given one hundred Dinars, he will not be satisfied; then an affliction which no Arab house will escape, and then a truce between you and Bani Al-Asfar (i.e. the Byzantines) who will betray you and attack you under eighty flags. Under each flag will be twelve thousand soldiers.

Volume 4, Book 53, Number 402 :
Narrated by Abu Huraira (radiallaahu `anhu)
Abu Bakr (radiallaahu `anhu), on the day of Nahr (i.e. slaughtering of animals for sacrifice), sent me in the company of others to make this announcement: “After this year, no pagan will be allowed to perform the Hajj, and none will be allowed to perform the Tawaf of the Ka’ba undressed.” And the day of Al-Hajj-ul-Akbar is the day of Nahr, and it called Al-Akbar because the people call the ‘Umra Al-Hajj-ul-Asghar (i.e. the minor Hajj). Abu Bakr (radiallaahu `anhu) threw back the pagans’ covenant that year, and therefore, no pagan performed the Hajj in the year of Hajj-ul-Wada’ of the Prophet (sallallaahu `alayhi wasallam).

Volume 4, Book 53, Number 403 :
Narrated by ‘Abdullah bin ‘Amr (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Whoever has (the following) four characteristics will be a pure hypocrite: “If he speaks, he tells a lie; if he gives a promise, he breaks it, if he makes a covenant he proves treacherous; and if he quarrels, he behaves in a very imprudent evil insulting manner (unjust). And whoever has one of these characteristics, has one characteristic of a hypocrite, unless he gives it us.”

Volume 4, Book 53, Number 404 :
Narrated by Ali (radiallaahu `anhu)
We did not, write anything from the Prophet (sallallaahu `alayhi wasallam) except the Quran and what is written in this paper, (wherein) the Prophet (sallallaahu `alayhi wasallam) said, “Medina is a sanctuary from (the mountain of) `Ayr to so and-so, therefore, whoever innovates (in it) an heresy or commits a sin, or gives shelter to such an innovator, will incur the Curse of Allah. the angels and all the people; and none of his compulsory or optional good deeds of worship will be accepted And the asylum granted by any Muslim Is to be secured by all the Muslims even if it is granted by one of the lowest social status among them. And whoever betrays a Muslim in this respect will incur the Curse of Allah, the angels and all the people, and his compulsory and optional good deeds of worship will not be accepted. And any freed slave will take as masters (befriends) people other than his own real masters who freed him without taking the permission of the latter, will incur the Curse of Allah, the angels and all the people, and his compulsory and optional good deeds of worship will not be accepted.”
Narrated Said: Abu Huraira (radiallaahu `anhu) once said (to the people), “What will your state be when you can get no Dinar or Dirham (i.e. taxes from the Dhimmis)?” on that someone asked him, “What makes you know that this state will take place, O Abu Hu raira?” He said, “By Him in Whose Hands Abu Huraira’s life is, I know it through the statement of the true and truly inspired one (i.e. the Prophet).” The people asked, “What does the Statement say?” He replied, “Allah and His Apostle’s asylum granted to Dhimmis, i.e. non-Muslims living in a Muslim territory) will be outraged, and so Allah will make the hearts of these Dhimmis so daring that they will refuse to pay the Jizya they will be supposed to pay.”

Volume 4, Book 53, Number 405 :
Narrated by Al-Amash
I asked Abu Wail (radiallaahu `anhu), “Did you take part in the battle of Siffin?” He said, ‘Yes, and I heard Sahl bin Hunaif (when he was blamed for lack of zeal for fighting) saying, “You’d better blame your wrong opinions. I wish you had seen me on the day of Abu Jandal. If I had the courage to disobey the Prophet’s (sallallaahu `alayhi wasallam) orders, I would have done so. We had kept out swords on our necks and shoulders, for a thing which frightened us. And we did so, we found it easier for us, except in the case of the above battle (of ours).’ “

Volume 4, Book 53, Number 406 :
Narrated by Abu Wail (radiallaahu `anhu)
We were in Siffin and Sahl bin Hunaif (radiallaahu `anhu) got up and said, “O people! Blame yourselves! We were with the Prophet (sallallaahu `alayhi wasallam) on the day of Hudaibiya, and if we had been called to fight, we would have fought. But ‘Umar bin Al Khatab (radiallaahu `anhu) came and said, ‘O Allah’s Apostle! Aren’t we in the right and our opponents in the wrongs’ Allah’s Apostle (sallallaahu `alayhi wasallam) said, ‘Yes.’ ‘Umar (radiallaahu `anhu) said, ‘Aren’t our killed persons in Paradise and theirs in Hell?’ He said, ‘Yes.’ ‘Umar (radiallaahu `anhu) said, ‘Then why should we accept hard terms in matters concerning our religion? Shall we return before Allah judges between us and them?’ Allah’s Apostle (sallallaahu `alayhi wasallam) said, ‘O Ibn Al-Khattab! I am the Apostle of Allah and Allah will never degrade me. Then ‘Umar went to Abu Bakr and told him the same as he had told the Prophet (sallallaahu `alayhi wasallam). On that Abu Bakr (radiallaahu `anhu) said (to ‘Umar). ‘He is the Apostle of Allah and Allah will never degrade him.’ Then Surat-al-Fath (i.e. Victory) was revealed and Allah’s Apostle (sallallaahu `alayhi wasallam) recited it to the end in front of ‘Umar. On that ‘Umar asked, ‘O Allah’s Apostle! Was it (i.e. the Hudaibiya Treaty) a victory?’ Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Yes”.

Volume 4, Book 53, Number 407 :
Narrated by Asma ‘bint Abi Bakr (radiallaahu `anhaa)
During the period of the peace treaty of Quraish with Allah’s Apostle (sallallaahu `alayhi wasallam), my mother, accompanied by her father, came to visit me, and she was a pagan. I consulted Allah’s Apostle (sallallaahu `alayhi wasallam), “O Allah’s Apostle! My mother has come to me and she desires to receive a reward from me, shall I keep good relation with her?” He said, “Yes, keep good relation with her.”

Relatives, even those that are non-Muslims, have rights on us. We must keep good relations with them and fulfill our duty towards them.

Volume 4, Book 53, Number 408 :
Narrated by Al-Bara (radiallaahu `anhu)
When the Prophet (sallallaahu `alayhi wasallam) intended to perform the ‘Umra he sent a person to the people of Mecca asking their permission to enter Mecca. They stipulated that he would not stay for more than three days and would not enter it except with sheathed arms and would not preach (Islam) to any of them. So Ali bin Abi-Talib (radiallaahu `anhu) started writing the treaty between them. He wrote, “This is what Muhammad, Apostle of Allah has agreed to.” The (Meccans) said, “If we knew that you (Muhammad) are the Apostle of Allah, then we would not have prevented you and would have followed you. But write, ‘This is what Muhammad bin ‘Abdullah has agreed to..’ ” On that Allah’s Apostle (sallallaahu `alayhi wasallam) said, “By Allah, I am Muhammad bin ‘Abdullah, and, by Allah, I am Apostle of ‘Allah.” Allah’s Apostle (sallallaahu `alayhi wasallam) used not to write; so he asked ‘Ali (radiallaahu `anhu) to erase the expression of Apostle of Allah. On that ‘Ali said, “By Allah I will never erase it.” Allah’s Apostle (sallallaahu `alayhi wasallam) said (to ‘Ali), “Let me see the paper.” When ‘Ali (radiallaahu `anhu) showed him the paper, the Prophet (sallallaahu `alayhi wasallam) erased the expression with his own hand. When Allah’s Apostle (sallallaahu `alayhi wasallam) had entered Mecca and three days had elapsed, the Meccans came to ‘Ali and said, “Let your friend (i.e. the Prophet) quit Mecca.” Ali (radiallaahu `anhu) informed Allah’s Apostle (sallallaahu `alayhi wasallam) about it and Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Yes,” and then he departed.

Volume 4, Book 53, Number 409 :
Narrated by ‘Abdullah (radiallaahu `anhu)
While the Prophet (sallallaahu `alayhi wasallam) was in the state of prostration, surrounded by a group of people from Quraish pagans. ‘Uqba bin Abi Mu’ait came and brought the intestines of a camel and threw them on the back of the Prophet (sallallaahu `alayhi wasallam). The Prophet (sallallaahu `alayhi wasallam) did not raise his head from prostration till Fatima (i.e. his daughter) came and removed those intestines from his back, and invoked evil on whoever had done (the evil deed). The Prophet (sallallaahu `alayhi wasallam) said, “O Allah! Destroy the chiefs of Quraish, O Allah! Destroy Abu Jahl bin Hisham, ‘Utba bin Rabi’a, Shaiba bin Rabi’a. ‘Uqba bin Abi Mu’ait ‘Umaiya bin Khalaf (or Ubai bin Kalaf).” Later on I saw all of them killed during the battle of Badr and their bodies were thrown into a well except the body of Umaiya or Ubai, because he was a fat person, and when he was pulled, the parts of his body got separated before he was thrown into the well.

Volume 4, Book 53, Number 410 :
Narrated by Anas (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) said, ”Every betrayer will have a flag on the Day of Resurrection” One of the two sub-narrators said that the flag would be fixed, and the other said that it would be shown on the Day of Resurrection, so that the betrayer might be recognized by it.

The punishment of betrayal includes humility because of the seriousness of the crime.

Volume 4, Book 53, Number 411 :
Narrated by Ibn Umar (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) said, “Every betrayer will have a flag which will be fixed on the Day of Resurrection, and the flag’s prominence will be made in order to show the betrayal he committed.”

Volume 4, Book 53, Number 412 :
Narrated by Ibn ‘Abbas (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said on the day of the conquest of Mecca, “There is no migration now, but there is Jihad (i.e.. holy battle) and good intentions. And when you are called for Jihad, you should come out at once” Allah’s Apostle (sallallaahu `alayhi wasallam) also said, on the day of the conquest of Mecca, “Allah has made this town a sanctuary since the day He created the Heavens and the Earth. So, it is a sanctuary by Allah’s Decree till the Day of Resurrection. Fighting in it was not legal for anyone before me, and it was made legal for me only for an hour by daytime. So, it (i.e. Mecca) is a sanctuary by Allah’s Decree till the Day of Resurrection. Its thorny bushes should not be cut, and its game should not be chased, its fallen property (i.e. Luqata) should not be picked up except by one who will announce it publicly; and its grass should not be uprooted,” On that Al-‘Abbas (radiallaahu `anhu) said, “O Allah’s Apostle! Except the Idhkhir, because it is used by the goldsmiths and by the people for their houses.” On that the Prophet (sallallaahu `alayhi wasallam) said, “Except the Idhkhir.”

Kitaab-ul-Jizyah [Book of Taxes] ends here. We start Kitaab Bad’-ul-Khalq [Book of Beginning of Creation] next inshaAllah.

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.

Muslims are Bound by their Stipulations (Hadith No. 2372)

Bismillah.

Ahadith 2369 – 2371 (below) are repeats. See linked text for related posts.

Volume 3, Book 49, Number 871 :
Narrated by Urwa bin Az-Zubair
Az-Zubair (radiallaahu `anhu) told me that he quarrelled with an Ansari man who had participated in (the battle of) Badr in front of Allah’s Apostle (sallallaahu `alayhi wasallam) about a water stream which both of them used for irrigation. Allah’s Apostle (sallallaahu `alayhi wasallam) said to Az-Zubair (radiallaahu `anhu), “O Zubair! Irrigate (your garden) first, and then let the water flow to your neighbor.” The Ansari became angry and said, “O Allah’s Apostle (sallallaahu `alayhi wasallam)! Is it because he is your cousin?” On that the complexion of Allah’s Apostle (sallallaahu `alayhi wasallam) changed (because of anger) and said (to Az-Zubair), “Irrigate (your garden) and then with-hold the water till it reaches the walls (surrounding the palms).” So, Allah’s Apostle (sallallaahu `alayhi wasallam) gave Az-Zubair (radiallaahu `anhu) his full right. Before that Allah’s Apostle had given a generous judgment beneficial for Az-Zubair (radiallaahu `anhu) and the Ansari, but when the Ansari irritated Allah’s Apostle (sallallaahu `alayhi wasallam) he gave Az-Zubair (radiallaahu `anhu) his full right according to the evident law. Az-Zubair (radiallaahu `anhu) said, “By Allah ! I think the following Verse was revealed concerning that case: “But no, by your Lord! They can have no faith until they make you judge in all disputes between them.” (4.65)

Volume 3, Book 49, Number 872 :
Narrated by Jabir bin Abdullah (radiallaahu `anhu)
My father died and was in debt. I suggested that his creditors take the fruits (i.e. dates) of my garden in lieu of the debt of my father, but they refused the offer, as they thought that it would not cover the full debt. So, I went to the Prophet (sallallaahu `alayhi wasallam) and told him about it. He said (to me), “When you pluck the dates and collect them in the Mirbad (i.e. a place where dates are dried), call me (Allah’s Apostle).” Finally he came accompanied by Abu Bakr and ‘Umar (radiallaahu `anhumaa) and sat on the dates and invoked Allah to bless them. Then he said, “Call your creditors and give them their full rights.” So, I paid all my father’s creditors in full and yet thirteen extra Wasqs of dates remained, seven of which were ‘Ajwa and six were Laun or six of which were Ajwa and seven were Laun. I met Allah’s Apostle (sallallaahu `alayhi wasallam) at sunset and informed him about it. On that he smiled and said, “Go to Abu Bakr and ‘Umar (radiallaahu `anhumaa) and tell them about it.” They said, “We perceived that was going to happen, as Allah’s Apostle (sallallaahu `alayhi wasallam) did what he did.”

Volume 3, Book 49, Number 873 :
Narrated by Abdullah bin Kab
That Ka’b bin Malik (radiallaahu `anhu) told him that in the lifetime of Allah’s Apostle (sallallaahu `alayhi wasallam) he demanded his debt from Ibn Abu Hadrad in the Mosque. Their voices grew louder till Allah’s Apostle (sallallaahu `alayhi wasallam) heard them while he was in his house. So he lifted the curtain of his room and called Ka’b bin Malik saying, “O Ka’b!” He replied, “Labbaik! O Allah’s Apostle (sallallaahu `alayhi wasallam)!” He beckoned to him with his hand suggesting that he deduct half the debt. Ka’b (radiallaahu `anhu) said, “I agree, O Allah’s Apostle!” Allah’s Apostle (sallallaahu `alayhi wasallam) then said (to Ibn Abu Hadrad), “Get up and pay him the rest.”

Kitaab-us-Sulh [Book of Peacemaking] ends here.

Today’s Hadith:

Kitaab-ush-Shuroot [Book of Conditions] starts today..

Volume 3, Book 50, Number 874 :
Narrated by Marwan and al-Miswar bin Makhrama (radiallaahu `anhumaa)
(from the companions of Allah’s Apostle (sallallaahu `alayhi wasallam)) When Suhail bin Amr agreed to the Treaty (of Hudaibiya), one of the things he stipulated then, was that the Prophet (sallallaahu `alayhi wasallam) should return to them (i.e. the pagans) anyone coming to him from their side, even if he was a Muslim; and would not interfere between them and that person. The Muslims did not like this condition and got disgusted with it. Suhail did not agree except with that condition. So, the Prophet (sallallaahu `alayhi wasallam) agreed to that condition and returned Abu Jandal (radiallaahu `anhu) to his father Suhail bin ‘Amr. Thenceforward the Prophet (sallallaahu `alayhi wasallam) returned everyone in that period (of truce) even if he was a Muslim. During that period some believing women emigrants including Um Kalthum bint Uqba bin Abu Muait (radiallaahu `anhaa) who came to Allah’s Apostle (sallallaahu `alayhi wasallam) and she was a young lady then. Her relatives came to the Prophet (sallallaahu `alayhi wasallam) and asked him to return her, but the Prophet (sallallaahu `alayhi wasallam) did not return her to them for Allah had revealed the following Verse regarding women: “O you who believe! When the believing women come to you as emigrants. Examine them, Allah knows best as to their belief, then if you know them for true believers, Send them not back to the unbelievers, (for) they are not lawful (wives) for the disbelievers, Nor are the unbelievers lawful (husbands) for them (60.10)
Narrated ‘Urwa: Aisha (radiallaahu `anhaa) told me, “Allah’s Apostle (sallallaahu `alayhi wasallam) used to examine them according to this Verse: “O you who believe! When the believing women come to you, as emigrants test them . . . for Allah is Oft-Forgiving, Most Merciful.” (60.10-12)
Aisha (radiallaahu `anhaa) said, “When any of them agreed to that condition Allah’s Apostle (sallallaahu `alayhi wasallam) would say to her, ‘I have accepted your pledge of allegiance.’ He would only say that, but, by Allah he never touched the hand of any women (i.e. never shook hands with them) while taking the pledge of allegiance and he never took their pledge of allegiance except by his words (only).”

المسلمون على شروطهم

“Muslims are bound by their stipulations.”  Abu Daud & Al-Hakim (sahih)

Once the contract of Hudaibiyah was signed, Prophet (sallallaahu `alayhi wasallam) could not turn back.. he had to return Abu Jandal even though it was a really tough choice to make. As long as the conditions are lawful, one must abide by them. This is true for all kinds of contracts – marriage, finance, social etc.

As for the case of Umm Kulthoom who was not returned to her family, Allah had intervened for her. Ibn Kathir comments on the above ayah (60:10):

Allah the Exalted and Most High ordered His faithful servants to test the faith of women who emigrate to them. When they are sure that they are faithful, they should not send them back to the disbelievers, for the disbelievers are not allowed for them and they are not allowed for the disbelievers.

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