بسم الله الرحمن الرحيم
Among the many fiqh related affairs in which there is differing is the subject related to the ruling on a husband, with multiple wives, being intimate with all his wives in one day (or night). This differing mainly stems from a narration found in the two authentic collections, and the text of the narration is as follows:
Anas ibn Malik said: The Prophet -sallahu alayhi wa sallam- would make his rounds to each of his wives (i.e. for intimacy) in one hour amid the night and or the day and they were eleven (the actual number being nine as Saeed narrated from Qatadah).
Al-Bukhari: 268
The variation in number 284, 5068, and 5215, mentions “in one night” as opposed to one hour, and that the number of wives were nine and not eleven.
The variation in Muslim (309) is:
The Prophet -sallahu alayhi wa sallam- would make rounds to all his wives (and purify himself) with one bath.
Typically in affairs of fiqh jurisprudence the scholars may differ and, along with their differing, may have more than two opposite and contradictory positions in an issue. This specific issue is no different as there are several positions attributed to the scholars as relates to this affair. They are as follows:
First: Division between his wives was not made binding upon him and this lack of obligation was specific to him aside from the rest of his nation.
Al-Imam ibn al-Mulaqqin said: Al-Mawardi and a community (of scholars) said that it wasn’t obligatory, but that he only voluntarily implemented it and al-Ghazali deemed the opinion as valid in Al Khilasah. (غاية السول في خصائص الرسول)
Sheikh Muhammad ibn Salih al-Uthaymin said: What is apparent to me -and Allah knows best- is that the Prophet -sallahu alayhi wa sallam- for him specifically Allah made a concession as pertains to abandoning division between spouses; however, due to his nobility and good character he acted equitably in all of what he was capable.
(شرح بلوغ المرام)
Second: Division among his wives was obligatory upon him like the rest of his nation.
Al Hafidh ibn Hajr al-Asqalaani said: The most known (i.e. of opinions) with them (i.e. the Shafi’ee madhhab) and the majority (of scholars) is the obligation of division, but that requires from whoever says that a response to this narration. (فتح الباري)
And this is where several opinions spring forth in response to the narration and why the Messenger -sallahu alayhi wa sallam- had intimacy with his wives in one night, in contrast to being with the one whose turn it was. These opinions are as follows:
A. He did that with permission from the wife whose night it was.
Al Hafidh ibn Hajr al-Asqalaani said: It is said that was done with the pleasure of the one whose turn it was just as he sought permission from them to be nursed at the house of Aisha.
(فتح الباري)
B. It was allowed after returning from a journey (i.e. traveling).
Abul-Ali Muhammad Abdur Rahman al-Mubaarakfuri said: ibn Abdul Barr mentioned the meaning of the narration is that he did that after returning from a journey and similar to that during a time in which there was not for one among them a known and specified day (i.e. on account of a cut in rotating due to traveling). So he had relations with them and returned to dividing the time afterwards.
(تحفة الأحوذي شرح جامع الترمذي)
C. He was given an hour to himself in a day which none of his wives had a right to.
Al Imam ibn al-Arabi al-Maliki said: Allah, as pertains to marriage, made specific to him certain things that were not given to others besides him. Among these things were nine wives. Likewise he was given an hour that was not for his wives insomuch that it was a deduction for him from his time (allotted to them). During the hour he would enter upon all his wives and enjoy them sexually or some of them. Afterwards he would go to her whose turn it was.
(عارضة الأحوذي بشرح صحيح الترمذي)
D. Sexual relations doesn’t enter into the division of time, rather lodging himself at the wife’s home who is due time that evening is.
Sheikh Muhammad ibn Salih al-Uthaymin said: It is definitely possible to be said that the division between wives; the husband mostly divides between them except in sexual relations, as the pillar of division pertains to the night (where the husband is lodged), as pertains to the day then the husband is freed up.
(شرح بلوغ المرام)
These conclusions are based on passages within the Quran or authentic narrations; however, there is differing as relates to how this text is understood resulting in the differences as relates to the conclusions drawn. We’ll, with Allah’s permission, examine the source material from which this difference emanates to further elucidate the matter in order to arrive at the correct position.
Evidence: The Division is not Binding Upon Him
O Prophet! Undoubtedly We have made your wives lawful to you, those whom you have given a dowry, and those whom your right hand possesses of those whom Allah has given you. Likewise the daughters of your paternal uncles and aunts (i.e. 1st cousins), and the daughters of your maternal uncles and aunts that migrated with you. Additionally the believing woman if she offers herself to the Prophet and the Prophet (in turn) desires to marry her; a privilege to you specifically and not for the rest of the believers. Surely We know what We have imposed upon them as pertains to their wives and that which their right hands possess, so that there should be no difficulty on you. As Allah is Oft-Forgiving and Most Mercifully Acting. {50} Withdraw from whomever of them you will, or receive whomever you will. And whomever you desire from those set aside, there is no sin upon you (i.e. to receive them) as that is better that they may be comforted and not grieved, and may they be pleased with what you give them. Allah knows what is in your hearts and Allah is All-Knowing and Most Forbearing. {51}
The point of reference used to support this opinion is in the initial portion of verse 51 from surah al-ahzab, where it is stated “Withdraw from whomever you will of them, or receive whomever you will.” Although the erudite scholars of exegesis differ on its intent, it is interpreted by some to mean the Prophet’s -sallahu alayhi wa sallam- wives. In other words, here Allah relieves him of the responsibility of division of time between his wives, thus whomever’s home he decides to reside, there is no sin upon him as relates to his choice. The following are the differing opinions, as relates to interpretation, held by the scholars:
- The verse was revealed on account of women offering themselves to the Messenger -sallahu alayhi wa sallam.
- The verse was revealed on account of division of time between the wives of the Messenger -sallahu alayhi wa sallam- illustrating its lack of obligation.
- It refers to the Messenger -sallahu alayhi wa sallam- divorcing his wives.
- The verse is inclusive of all meanings.
Although some scholars interpret this verse as illustrating lack of obligation as pertains to division of time, this opinion is not the soundest when examining the evidence. There is an authentic narration that clearly illustrates the reason behind the revealing of the verse. The mother of the believers, Aisha states:
I would be jealous of the women who offered themselves to Allah’s Messenger -sallahu alayhi wa sallam- and would say, “A woman offers herself?!” Then Allah revealed:
“Withdraw from whomever of them you will, or receive whomever you will. And whomever you desire from those set aside, there is no sin upon you..”
Consequently I said, “I see your Lord hastens as pertains to your cravings/desires.”
Bukhari: 4788
Al Hafidh ibn Hajr al-Asqalaani said: In this narration Aisha makes explicitly clear the reason for the revealing of the Exalted’s statement “Withdraw from whomever of them” she alludes to the Exalted’s statement “the believing woman if she offers herself to the Prophet.”
(فتح الباري)
Despite this clear evidence some scholars utilize the verses as evidence to substantiate their argument of lack of obligation as pertains to the division of time between his -sallahu alayhi wa sallam- wives. Consequently the proponents of this argument oppose the guidelines as relates to declaring something to be specific to the Prophet -sallahu alayhi wa sallam- as is elucidated by some of the people of knowledge.
Sheikh-ul-Islam ibn Taymiyyah said: Undoubtedly his -sallahu alayhi wa sallam- actions that are unequivocally established (to be his practice) are proof, especially if he ordered us to comply with them. For example his statement “Pray as you see me pray” or his statement “Adopt your ritual acts of Hajj from me” etc. Additionally whatever Allah made permissible for him is also permissible for his nation as long as there is no evidence that illustrates particularization (i.e. to him). This is the reason for Allah’s speech:
So when Zaid accomplished his objective with her, We gave her to you in marriage so that there would be no objections with the believers with regards to the wives of their adopted sons if and when they have no desire to keep them. {37}
Al-Ahzab
Likewise when he made lawful for him the women who offered themselves in marriage (which clearly indicates particularization), He says:
Additionally the believing woman if she offers herself to the Prophet and the Prophet (in turn) desires to marry her; a privilege to you specifically and not for the rest of the believers. {50} Al-Ahzab
(مجموعة الفتاوى 18/9)
Evidence: The Division of Time is Binding
Imam Muslim collects an authentic narration in which the source of the chain is Aisha, where she said:
Should I not inform you about myself and Allah’s Messenger -sallahu alayhi wa sallam? We replied: Of course. She said, when it was my night in which the Prophet -sallahu alayhi wa sallam- was with me he turned, put down his upper garment, and took off his sandals and placed them by his feet. He then laid his izar (i.e. lower garment wrapped around his waist) over his bed and laid down. He remained until he assumed that I dozed off, then he put on his upper garment and sandals slowly/leisurely and then opened the door, stepped out and closed the door behind him lightly. So I placed my scarf over my head and wrapped it, disguised myself using my izar and followed his footsteps until he reached al-Baqee. He then stood for a long time raising his hands three times, then left. So I left after him. He sped up so I sped up. Ho jogged so I jogged. He (eventually) came within proximity of the house and I did as well; however, I preceded him and entered and then laid down. He entered and said, “What is with you Aisha being out of breath?” I replied, there’s nothing (i.e. wrong). He said, “Either you inform me or the Subtle and Well Acquainted will inform me!” Thus I replied, O Messenger of Allah, and informed him of what happened. He then said, “You were that black/shadowy figure I saw in front of me?” I said yes, so he struck me in the chest which hurt me (emotionally), and then said, “Did you think Allah and His Messenger would act unfairly with you ?!” I said whatever the people conceal Allah knows of it. He then said, “Jibreel came to me when you saw me, and summoned me, this he concealed from you. I responded to him concealing that from you as well as he was not going to enter upon you while you were undressed. I thought you dozed off and disliked waking you fearing that you may be frightened. He said to me, “Your Lord commands you to go to al-Baqee to seek forgiveness for its buried.” to the end of the narration.
The point of reference that substantiates the opinion of obligation is the statement, “Did you think Allah and His Messenger would act unfairly with you?!” In a variation collected by Tirmidhi, Aisha is reported to have said, “O Messenger of Allah, I assumed you were going to some of your wives.” which brings more emphasis to the proponents of this opinion.
Abul Hasan Muhammad as-Sindi said: Act unfairly means to oppress insomuch that the Messenger -sallahu alayhi wa sallam- enters upon other than you during your night. Allah is mentioned in order to magnify the (status of) the Messenger -sallahu alayhi wa sallam- and is signification that it is not possible that the Messenger does anything without the authority of Allah the Exalted. So if there was oppression from him it would not be except with Allah’s allowance in that regard; however, that (i.e. commiting oppression) is not possible. Additionally in his statement is evidence for division of time being obligatory for him, as abandonment of it is not oppression unless it is deemed obligatory to carry out. (حاشية السندي لسنن النسائى)
What brings more validity to this position is the fact that the Prophet -sallahu alayhi wa sallam- would seek permission or permission would be given to him to break his routine of dividing his time equally amongst his wives. The following are the narrations that the proponents of this argument use to illustrate this fact:
Aisha narrated: Whenever the Prophet -sallahu alayhi wa sallam- embarked upon a journey he would choose by lot among his wives, and would leave with whoever’s name was drawn. He would divide between each of them as relates to day and night except with Sauda bint Zam’a as she offered her days and nights to Aisha the wife of the Prophet -sallahu alayhi wa sallam- desiring by that his pleasure.
Bukhari: 2593 and Muslim 1463
Aisha also narrated: When the Messenger of Allah’s -sallahu alayhi wa sallam- burden became heavy and his pain intensified, he sought permission from his wives to be nursed at my house. Consequently they gave him permission…
Bukhari: 5714 and Muslim: 418
These narrations are also used as proof to show that relations with multiple wives can be done with the permission of the one who has right to that night. As for the opinion that the Prophet -sallahu alayhi wa sallam- had an hour specific to him and during that time he came to all his wives, they use the portion of the narration “in one hour amid the night and or the day” to substantiate this position; however, this is weak due to the phrase not definitively indicating such, additionally there are -to my knowledge- no other explicit and authentic narrations that support such a claim. Furthermore, I don’t know of any evidence restricting this practice of the Prophet -sallahu alayhi wa sallam- to when he returned from a journey. Thus what is the soundest of opinions, as far as I’m concerned, is that sexual relations with multiple wives is one thing and dividing time between each wife is another. In other words, the division of time, what is meant by it is spending the night at the wife’s home, i.e. lodging oneself at her home for the night rightfully hers. Sexual relations doesn’t enter into that right, and for this reason he -sallahu alayhi wa sallam- was able to come to them in one night; however he had to lodge himself (for the night) at the one whose turn it was as relates to time, and Allah knows best.
If this wasn’t the case then how could the Muslim implement the statement of our Messenger -sallahu alayhi wa sallam- from the following narration?
“If a woman tickles the fancy (on account of her beauty) of anyone of you resulting in something entering his heart, then he should head to his wife in order to fulfill his desire, certainly that will repel what is within him (of lust for what he saw).” Muslim: 1403
If a man has two wives and experiences a similar situation, how can he protect himself if the wife whose turn it may be is menstruating? Or she lives 40 minutes away whereas the other wife lives closer in proximity? And other scenarios that prevent the husband from approaching the wife whose turn it may be.
The reality is there is no definitive evidence that states sexual relations as being inclusive in the division of time. Likewise there is no definitive prohibition from doing such. Additionally when the Prophet -sallahu alayhi wa sallam- sought permission from his wives, it was not exclusively for permitting him to have relations with others among them; on the contrary it was for lodging exclusively. Allah did not put in the hands of the woman the authority to grant permission for her husband to fulfill his desire with another during her time, just as He did not grant her authority over her husband as pertains to marrying another woman as many women would NEVER grant such, despite the man’s dire need for such, especially modern women of today. Thus to say otherwise must be followed up with definitive evidence, instead there is deduction based on the ijtihaad of scholars and Allah knows best.
For this reason, I agree with the following speech of Sheikh Muhammad Nasiruddin al-Albani from a verdict related to this issue. The following is the question and his response:
Q: One of the brothers presents this question, “A man is married to more than one woman and he makes his rounds to all of them in one night” so he asks, “What is the ruling concerning this?” Should he seek her opinion?
Sheikh al-Albani: He means from her whose turn it is?
Q: He means from her whose turn it may be.
Sheikh: As relates to division?
Q: Yes.
Sheikh al-Albani: Then I say; if he is able to come to all his wives then in that is good. As for seeking her opinion then he is not in need due to the intent being that when he comes to all of his wives (for intimacy), he (eventually) lodges himself at the home of the one whose turn it is. As for seeking permission; although he came to all his nine wives in one night, he acted justly as pertains to division (i.e. of time) just like what is reported in Sunan Abi Dawud even though the chain of transmission is weak. The Prophet -sallahu alayhi wa sallam would say, “O Allah this is my division from what I am capable of, so please do not take me to account for that which I am unable to fulfill.” Therefore the Messenger -sallahu alayhi wa sallam- acted equitably; however, when he came to his wives (for intimacy) in one night he did not seek permission from the wife whose turn it was. On account of that there is no objection to it as it is a permissible matter.
Q: Okay, the one directing the question often says that this is from the actions made particular to the Prophet -sallahu alayhi wa sallam.
Sheikh al-Albani: He who would respond to that will say what is the proof? Particularizations alleged to be for the Prophet -sallahu alayhi wa sallam- are not permissible arbitrarily. On the contrary, there is a must for evidence and if there is no evidence it nullifies him being an example where the fundamental ruling concerning him is emulation. All of the scholars state that the fundamental ruling in whatsoever emanates from him -sallahu alayhi wa sallam- is that it is followed unless the evidence is established indicating particularization to him.
(جامع تراث العلامة الألباني في الفقه)
Sheikh-ul-Islam ibn Taymiyyah elaborates on the point about particularization, he states: The previous verse -We gave her to you in marriage- indicates that his -sallahu alayhi wa sallam- actions necessitate permission for his nation (to also do) with the qualification that the action in itself does not have a (reported) generalization as relates to verbal expression or overall circumstance (i.e. it doesn’t infer inclusiveness for everyone else), on the contrary its inclusivity emanates for what is invariable as relates to the fundamental principle which consists of collaborative effect and emulation. Additionally Allah’s speech in al-Ahzab illustrates this:
Undoubtedly there is, for you, in Allah’s Messenger the best example…{21}
Certainly it consists of emulation as pertains to what is imposed on him, and whenever a ruling is firmly established as pertains to emulation of him with respect to what is imposed on him, then similarly it is applied to his actions as well. The imposed upon him consist of obligatory and prohibited actions, thus the verse indicates the fundamental ruling being participation with him (in the ruling being inclusive of his nation) as relates to the obligatory and prohibited acts, just as it indicates this foundation of participation (of his nation in ruling) in what is made lawful. (مجموعة الفتاوى 15/447)
And Allah knows best.
Written by Najeeb ibn Yusuf ibn Walter Charlot Sr; al-Anjelesi