Shaytaan: The Third Wheel (Hadith No. 2646)

Bismillah.

Volume 4, Book 52, Number 250 :
Narrated by Ibn Abbas (radiallaahu `anhu)
That he heard the Prophet (sallallaahu `alayhi wasallam) saying, “It is not permissible for a man to be alone with a woman, and no lady should travel except with a Mahram (i.e. her husband or a person whom she cannot marry in any case for ever; e.g. her father, brother, etc.).” Then a man got up and said, “O Allah’s Apostle! I have enlisted in the army for such-and-such Ghazwa and my wife is proceeding for Hajj.” Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Go, and perform the Hajj with your wife.”

It is not permissible for a man to be alone with a woman who is not his mahram, because the Prophet (blessings and peace of Allah be upon him) said: “No man should be alone with a woman unless there is a mahram with them.” Narrated by al-Bukhaari (1862) and Muslim (1341). And he (blessings and peace of Allah be upon him) said: “No man is alone with a woman but the Shaytaan is the third one present.” Narrated by al-Tirmidhi (1171) and classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

Al-Nawawi (may Allah have mercy on him) narrated in Sharh Muslim (14/153) that there was consensus among the scholars that it is haraam for a man to be alone with a woman who is not his mahram. This was narrated by al-Haafiz in al-Fath (4/77).

“Being alone with” (khalwah) refers to when the man and woman are in a place where no one can see them.

The scholars of the Standing Committee for Issuing Fatwas were asked: Does khalwah (“being alone with”) refer to when a man is alone with a woman in some house, far away from the eyes of people, or does it refer to any situation in which a man is alone with a woman, even if they can be seen by others?

They replied: What is meant by the “being alone with” (khalwah) that is forbidden in sharee‘ah is not only when a man is alone with a woman who is not his mahram in a place where they cannot be seen; rather it also includes situations in which he is alone with her in a place where she can converse with him and he can converse with her, even if they can be seen by other people, but their words cannot be heard, whether that is out in the open or in a car or on the roof of a house, and so on. That is because khalwah has been forbidden because it is the harbinger of zina and the means that leads to it. So everything that could lead to that, even making an arrangement to do that later, comes under the ruling of physical khalwah or being alone in a place where they cannot be seen. End quote.

Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allah ibn Baaz; Shaykh ‘Abd al-Razzaaq ‘Afeefi; Shaykh ‘Abd-Allah ibn Ghadyaan; Shaykh ‘Abd-Allah ibn Qa ‘ood

Fataawa al-Lajnah al-Daa’imah, 17/57

Khalwah can be avoided with the presence of a mahram or the presence of a righteous woman, according to the correct opinion.

It says in Asna’l-Mataalib (3/407): It is permissible for a man to be alone with two women, but not the opposite; i.e., it is not permissible for two non-mahram men to be alone with a woman even if it is unlikely that they would agree to commit immoral actions, as was clearly stated by al-Nawawi in al-Majmoo‘; that is because a woman feels more shy of another woman than a man feels shy of another man.

End quote.

[IslamQA]

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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

White Lies (Hadith No. 2355)

Bismillah.

Volume 3, Book 49, Number 857 :
Narrated by Um Kulthum bint Uqba (radiallaahu `anhaa)
That she heard Allah’s Apostle (sallallaahu `alayhi wasallam) saying, “He who makes peace between the people by inventing good information or saying good things, is not a liar.”

The basic principle concerning telling lies is that it is one of the signs of the hypocrites, because the Prophet (peace and blessings of Allaah be upon him) said: “The signs of the hypocrite are three: when he speaks, he lies, when he makes a promise he breaks it, and when he is entrusted with something he breaks that trust.” Narrated by al-Bukhaari, 32; Muslim, 89.

But there are some instances in which Islam permits lying, if that serves a greater purpose or wards off a greater harm:

These cases include the following:

1-     When a person is intermediating in order to bring about reconciliation between two disputing parties.

2-     When a man speaks to his wife, or a wife to her husband, concerning matters that will increase the love between them.

3-     War.

It was narrated that Asma’ bint Yazeed said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Lies are not appropriate except in three cases: when a man speaks to his wife to please her, telling lies at times of war, and lying in order to bring about reconciliation between people.”

Shaykh al-Albaani said: it is hasan.

Taken from IslamQA

Read about white lies here.

Remarrying One’s Ex-Wife (Hadith No. 2305)

Bismillah.

Hadith no. 2304 (below) is a repeat. Read it here.

Volume 3, Book 48, Number 806 :
Narrated by Abdullah bin Umar (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) and Ubai bin Kab Al-Ansari (radiallaahu `anhu) went to the garden where Ibn Saiyad used to live. When Allah’s Apostle (sallallaahu `alayhi wasallam) entered (the garden), he (i.e. Allah’s Apostle) started hiding himself behind the datepalms as he wanted to hear secretly the talk of Ibn Saiyad before the latter saw him. Ibn Saiyad wrapped with a soft decorated sheet was lying on his bed murmuring. Ibn Saiyad’s mother saw the Prophet (sallallaahu `alayhi wasallam) hiding behind the stems of the date-palms. She addressed Ibn Saiyad saying, “O Saf, this is Muhammad.” Hearing that Ibn Saiyad stopped murmuring (or got cautious), the Prophet (sallallaahu `alayhi wasallam) said, “If she had left him undisturbed, he would have revealed his reality.”

Today’s Hadith:

Volume 3, Book 48, Number 807 :
Narrated by Aisha (radiallaahu `anhaa)
The wife of Rifa’a Al-Qurazi came to the Prophet (sallallaahu `alayhi wasallam) and said, “I was Rifa’a’s wife, but he divorced me and it was a final irrevocable divorce. Then I married AbdurRahman bin Az-Zubair but he is impotent.” The Prophet (sallallaahu `alayhi wasallam) asked her ‘Do you want to remarry Rifa’a? You cannot unless you had a complete sexual relation with your present husband.” Abu Bakr (radiallaahu `anhu) was sitting with Allah’s Apostle (sallallaahu `alayhi wasallam) and Khalid bin Said bin Al-‘As (radiallaahu `anhu) was at the door waiting to be admitted. He said, “O Abu Bakr! Do you hear what this (woman) is revealing frankly before the Prophet (sallallaahu `alayhi wasallam)?”

If a man divorces his wife with the first or second talaaq, once her ‘iddah is over she is divorced and becomes a “stranger” (non-mahram) to him; she cannot go back to him except with a new marriage contract which fulfills all the conditions set out in sharee’ah.

But if he divorces his wife with the third talaaq, then she becomes haraam to her first husband until she has married a second husband in a genuine marriage which is consummated. The Qur’aanic evidence for that is the aayah (interpretation of the meaning):

“The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness…

And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband”

[al-Baqarah 2:229-230]

The last divorce refers to the third divorce, according to all the scholars.

The evidence from the Sunnah is the hadeeth narrated by ‘Urwah ibn al-Zubayr, according to which ‘Aa’ishah told him that the wife of Rifaa’ah al-Qurazi came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said, “O Messenger of Allaah, Rifaa’ah divorced me thrice, then I was married to ‘Abd al-Rahmaan ibn al-Zubayr al-Qurazi, but he has nothing with him except something like this fringe. The Messenger of Allaah (peace and blessings of Allaah be upon him) said, “Perhaps you want to go back to Rifaa’ah? No, (it is not possible), unless and until you enjoy the sexual relation with him (‘Abd al-Rahmaan), and he enjoys the sexual relation with you.”

(Narrated by al-Bukhaari, 4856; Muslim, 2587) 

The phrase “divorced me three times” means that this was the divorce which meant that she was no longer married to him, which is the third talaaq. The Prophet’s words “until you enjoy the sexual relation with him (‘Abd al-Rahmaan), and he enjoys the sexual relation with you” refer to intercourse.

Al-Nawawi said: “This hadeeth indicates that the woman who has been divorced by a third talaaq is not permissible to the man who has divorced her until she has been married by another husband, who has intercourse with her then separates from her, and she completes her ‘iddah. Merely drawing up the marriage contract with her does not make her permissible to the first husband. This is the view of all the scholars among the Sahaabah, Taabi’een and those who came after them.

Sharh Muslim, 10/3

Taken from IslamQA

Smart Gifts (Hadith No. 2246)

Bismillah.

Hadith no. 2245 (below) is a repeat. Read it here.

Volume 3, Book 47, Number 747:
Narrated As-Sa’b bin Jaththama (radiallaahu `anhu):
An onager was presented to Allah’s Apostle (sallallaahu `alayhi wasallam) at the place called Al-Abwa’ or Waddan, but Allah’s Apostle (sallallaahu `alayhi wasallam) rejected it. When the Prophet (sallallaahu `alayhi wasallam) noticed the signs of sorrow on the giver’s face he said, “We have not rejected your gift, but we are in the state of Ihram.” (i.e. if we were not in a state of Ihram we would have accepted your gift.

Today’s Hadith:

Volume 3, Book 47, Number 748:
Narrated Aisha (radiallaahu `anhaa):
The people used to look forward for the days of my (‘Aisha’s) turn to send gifts to Allah’s Apostle (sallallaahu `alayhi wasallam) in order to please him.

So everyone knew about his love for Aisha (radiallaahu `anhu) and they knew that he’d be the happiest with her.. why not add to that happiness to gain closeness to him, right? Talk about “smart” gifts.

Ah! Can’t wait to meet him and his family in Jannah. May Allah make it happen. <3