Category Archives: Marriage

Sexual Relations With Multiple Wives In One Night: Sheikh Ubayd Al Jaabiri

بسم الله الرحمن الرحيم

Q: Some (authentic) narrations with regards to polygyny have become problematic for us, like when the Prophet -sallahu alayhi wa sallam- went to each wife’s house (and had sexual relations with each) and took (only) one bath. So is it permissible for a man to have relations with each of his wives, outside of their turn, and without permission from the other?

A: Allah bestowed upon the Prophet -sallahu alayhi wa sallam- strength that He did not bestow upon anyone else from his nation. The proof for that is when Thabit asked Anas, “Is he able to do so?” or something similar in expression, and Anas replied, “He has been given the strength of 30 men.” This is the first point.

Second; From what I know of the sunnah of the Prophet -sallahu alayhi wa sallam- he did this for a purpose, that being while departing for the farewell pilgrimage he spent the night at dhul-hulaifah, there he went to each wife, and Allah knows best with regards to the wisdom (for doing so), but I do not know this to be from his habitual routine in every time. Thus what is apparent to me is that a man is not prevented from doing this with his wives if he plans to travel (away from them) for a long duration, and he is able to do this. Subsequently I have found within the sunnah that he -sallahu alayhi wa sallam- did this many times as is clearly recorded of the narration in the annotation beneath it. This is one circumstance.

The second circumstance is if one is a resident (not on a journey) and he doesn’t have to travel unexpectedly, along with having the ability to be frequent (in having sex), he doesn’t abandon the wife with right to that night until she becomes tired (exhausted from repeated sex). So if she becomes exerted, afterwards he can go to another (wife). But as long as she is able, even if he wants to enjoy some of his other women outside of their night, he must seek her permission because she is the possessor of that night and the right belongs to her.

Thus as it pertains to these two circumstances the affair is not devoid (of being apart) of (one) of the following two situations:

The first being that the possessor of the night she is able, so he comes to her (repeatedly for relations) and she is not exerted, this circumstnace he cannot go to another without her permission.

The second being that she is exerted and worn out yet with him is energy and as a result he can suffer if he doesn’t do it, thus he can go to some of his women or all of them if he wills.

Questioner: Without permission?

Sheikh Ubayd: Yes, without permission, but the first circumstance necessitates her permission as she is not tired or worn out plus with her is the ability (to keep going), so he seeks her permission because the night belongs to her. However the second circumstance is that she is exerted and worn out.

Questioner: What if she has an excuse (not to have sex)?

Sheikh Ubayd: Meaning if her menstrual cycle comes or post natal bleeding? He likewise seeks her (the woman who has right to the night despite these circumstances) permission.

Translated by Najeeb Al Anjelesi

Source: التقرير المؤكد بالإجابة على ثلاثين سؤالاً في التعدد 

 

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The Ruling Concerning Polygyny In Islam: Sheikh Ubayd Al Jaabiri

بسم الله الرحمن الرحيم

Q: What is the ruling concerning polygyny in Islam?

Sheikh Ubayd Al Jaabiri: All praises are strictly for Allah, Lord of the existence, and may Allah’s commendations (in lofty gatherings) and peace be upon our prophet Muhammad, his family, and all of his companions.

Now then, undoubtedly it is obligatory upon every male and female Muslim to be pleased with Allah and His Messenger’s judgement. Allah the Exalted says:

وما آتاكم الرسول فخذوه وما نهاكم عنه فانْتهوا

“And whatsoever the messenger gives you take it, and whatsoever he forbids abstain from it.” [Al-Hashr: 7]

And The Exalted says:

وما كان لمؤمن و لا مؤمنةٍ إذا قضى الله و رسوله أمرًا أن يكون لهم الخيرة من أمرهم 

“It is not for a believer male and female to have a choice, if Allah and His messenger have decided a matter…” [Al-Ahzaab: 36]

And other than that from the explicitly suggestive verses that indicate that it is compulsory for every male and female Muslim the being pleased with whatsoever Allah and His Messenger -sallahu alayhi wa sallam- have decided, and to hold the belief that it is good. In that manner the sunnah has brought forth, from the Prophet -sallahu alayhi wa sallam-, the inciting of the male and female Muslims to being pleased with whatsoever Muhammad has brought forth, regardless if the judgement is contain within a revealed (sent down by Allah from above the seven heavens) noble verse or within the Prophet’s sunnah. From the widely spread sunnah is that which the two scholars compiled on the authority of Anas, from the Prophet -sallahu alayhi wa sallam where he said, “3 things if gathered within one finds the sweetness of faith; that Allah and His Messenger are more beloved to him than anyone besides them…”

The meaning is that you put whatsoever pleases Allah and His Messenger -sallahu alayhi wa sallam- before the statements of anyone, as is in the authentic narration, “Whoever is pleased with Allah as his Lord, Islam as his religion, and Muhammad as his messenger has savored the taste of faith.” Thus his statement “And Muhammad as his messenger” this necessitates that one believes in all of what Muhammad -sallahu alayhi wa sallam- brought forth, that it is from Allah, and that it is the truth in which there is no doubt therein.

And what is better than what Ash-Shaafi’ee stated, “I believe in Allah, what has come from Allah, upon Allah’s intent. I believe in Allah’s Messenger, whatever has come from Allah’s Messenger, upon his -sallahu alayhi wa sallam- intent. Indeed the Islamic knowledge based specialist unanimously agree on what we have mentioned, hence it is determined. So undoubtedly polygyny is the foundation (of marriage in Islam), it is explicit within the distinguished revelation. Allah the Exalted says:

فانْكحوا ما طاب لكم من النساء مثنى و ثلاثى و رباع فإن خفتم ألاَّ تعدلوا فواحدةً

“So marry whatever you have a liking for from the women, two, three, or four. But if you fear that you cannot be just then (marry) one…” [An-Nisaa: 3]

The one who examines this valuable verse, made clear to him are two things:

First: That the foundation is polygyny as Allah began with it and encouraged it. Whoever speaks with it being obligatory, then his speech has a bases for consideration because the fundamental ruling regarding a command is obligation.

Second: Contentment with one (wife) for he who fears for himself the absence of justice (between multiple wives).

 

Translated by Najeeb Al Anjelesi

Source: التقرير المؤكد بالإجابة على ثلاثين سؤالاً في التعدد 

   

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Marriage To One Who Commits Forbidden Sexual Intercourse: Sheikh Muhammad Ibn Saeed Raslaan

بسم الله الرحمن الرحيم

It is not permissible for a man to marry a woman that commits forbidden sexual intercourse, nor is it permitted for a woman to marry a man that does such, unless there occurs from both parties sincere repentance. The proof indicating this is the fact that Allah made chastity a condition found within all parties before the marriage. Just as He the exalted says:

اليومَ أُحلَّ لكم الطيبات و طعام الذين أُوتُو الكتاب حلٌّ لكم و طعامكم حلٌّ لهم و المحصنات من المؤمنات والمحصنات من الذين أُوتو الكتاب من قبلكم إذا ءَاتيتموهن أجورهن محصنين غير مسافحين و لا متخذي أحْدان

“This day the pure things have been made lawful for you. The people of the book’s food is lawful for you and yours is lawful for them. Likewise the chaste women from the believers and the chaste women from those given scripture before you when you give their bridal money (that being from) men desiring chastity, not committers of unlawful sex nor taking them as girlfriends…” [Al-Maa’idah: 5]

Also that which comes in His statement:

الزاني لا يَنْكِحُ إلاَّ زانيةً أو مشركة و الزانية لا يَنكحها إلاَّ زانٍ أو مشرك و حُرِمَ ذلك على المؤمنين

“The fornicator-adulterer does not marry except a fornicatress-adulteress or a idol worshiping woman. The fornicatress-adulteress no one marries her except a fornicator-adulterer, as the believers are forbidden from such. “[An-Nur: 3]

Allah forbade this. Prohibit upon the believing men is marriage to women that commit fornication and or adultery, as Allah orders chastity, and seeking the chaste woman and man. Thus forbidden upon the believer is marriage to whomever is described with committing prohibited sexual relations (fornication/adultery), or polytheism, because no one does that except a fornicator or polytheist, just as Allah Lord of the existence states.

As a result of this, you become aware that the affair, pertaining to the youth safeguarding their youthfulness, is tremendous. That is by him not involving himself in fornication, and the committing of immoral acts, likewise the young woman and the safeguarding of her youthful innocence. If this is the case, then it is a tremendous affair and a honorable gift.

Also the safeguarding of the woman after marriage, like we’ll see shortly. As Imam Ahmad held the opinion that if a woman committed adultery, while she has a husband, separation becomes binding. This affair will come shortly if Allah wills.

Imam Ahmad and Abu Dawud reported, with an authentic chain of transmission, upon the authority of Abu Huraira that Allah’s Messenger -sallahu alayhi wa sallam- said, “The whipped fornicator does not marry except one like him.” This narration is authentic.

The whipped fornicator: He who the Islamic punishment has been incurred upon.

Imam Ash-Shawkani said: “This description is commonly absent, pertaining to those that openly commit fornication and or adultery. In it is proof supporting the prohibition of a man marrying whomever openly commits forbidden sexual relations, likewise a woman marrying a man that does such. The previously mentioned verse alludes to this due to its last part, -and that is forbidden  for the believers.- Thus it is explicit as it relates to its prohibition.”   

It has not been made conditional that the Islamic penal punishment be inflicted upon him. On the contrary if he is known to commit prohibited sexual conduct, at this point it is prohibited for the believer to marry him off (to a believing woman). In addition if a woman is known to commit prohibit sexual relations, it is forbidden for a believer to marry her. This is the view of Qataadah, Ishaq, Ibn Ubayd, Ahmad, and Ibn Taymiyyah.

Translated by Najeeb ibn Yusuf Al Anjelesi

Source: المحرمات من النساء

 

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Injustice Concerning Division Between Wives: Sheikh Saalih Alish Sheikh

بسم الله الرحمن الرحيم

Division is of two types:

  1. Financial.
  2. Physical.

Physically is to give her a night similar to what is given to her sister wife. To each is due equity (in that regard) and injustice is forbidden. Therefore physical division is obligatory, as the Exalted says:

و لا يَجْرِمنَّكم شنآن قومٍ على ألاَّ تَعْدِلُوا اعْدلُوا هو أقرَبُ للتقوى

…and do not allow enmity towards others cause you to be unjust. Be just! that is closer to piety…”  [Al Maa’idah: 8]

Likewise the narration of Anas where he said: “From the Sunnah is that whenever a man marries a virgin (while being married; meaning he takes a second wife) he spends seven days with her, then he divides (the days between both wives). If he marries a woman who had previously been married, he spends three days with her, then divides.” Collected by Al Bukhari.

Therefore, whoever is inequitable has sinned, due to what Ahmad and the compilers of the sunan reported with an authentic chain of transmission, wherein the Prophet -sallahu alayhi wa salaam- said, “whoever has two wives and he leans towards one over the other, he will come on the Day Of Resurrection and one half of him will be leaning.” Equity in wealth is also obligatory and injustice therein is not permissible.

Translated by Najeeb Ibn Yusuf Al Anjelesi

Source: المنظار في بيان كثير من الأخطاء الشائة 

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The Guardianship Of A Sinner: Sheikh Ubayd Al Jaabiri

بسم الله الرحمن الرحيم

Q: The guardian of a woman is about to conclude a marriage contract (giving her away in marriage) however sometimes he prays and at times he abandons it, even though he affirms its obligation, others to whom which the authority can shift to after him, some among them don’t pray at all, and others are unable to attend, so is the marriage contract valid if the first person (mentioned) is the guardian?

A: Yes, this individual is a sinner among the sinful based on the statement of the majority of scholars and it is the more sound position with me. This individual is a sinner among the sinful, however his guardianship is legitimate and the marriage contract is valid.

Translated by Najeeb Al Anjelesi

Source: http://miraath.net/questions.php?cat=51&id=3701

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Abandoning Genuine Concern For What The Legislation Encourages From Marrying Daughters To People Of Good Character And Religion: Shaykh Salih Alish-Shaykh

بسم الرحمن الرحيم

Allah says:

وأنكحوا الأيامى منكم و الصالحين من عبادكم و إمائكم إن يكونوا فقراء يغنيهم الله من فضله

“And marry the single among you (men and women with no lawful spouses regardless if they were married previously or not), and the upright from your (male) servants and maid servants. If they be poor Allah will enrich them from His Bounties..”  [An-Nur: 32]

It was narrated that the Prophet said, “If someone comes to you (for the purpose of marrying your daughter or women under your care) he whose religion and character are pleasing to you, marry him! if you do not there will be tribulations throughout the earth and widespread corruption.” Collected by Tirmidhi and others upon the authority of Abu Hatim Al Muzani and Abu Hurairah. The chains of transmission (standing by themselves) are weak, however (the hadith) is strengthen by the gathering of all of them, thus it (is graded) good by reliance upon other than it (by other than one chain of transmission).

Translated by Najeeb Al Anjelesi

Source:  المنظار في بيان كثير من الأخطاء الشائعة

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