Mishkat al-Masabih

Abu Musa reported the Prophet as saying, “There is no marriage without a guardian.” Ahmad, Tirmidhi, Abu Dawud, Ibn Majah and Darimi transmitted it.

‘A’isha reported God’s Messenger as saying, “If any woman marries without the consent of her guardian her marriage is void, her marriage is void, her marriage is void. If there is cohabitation she gets her dower for the intercourse her husband has had. If there is a dispute*, the sultan is the guardian of one who has none.” * i.e., among guardians, Mirqat iii. 418 says that if their dispute would keep a woman from being married, they are treated as non-existent. Ahmad, Tirmidhi, Abu Dawud, Ibn Majah and Darimi transmitted it.

Ibn ‘Abbas reported the Prophet as saying, ‘Adulteresses are those women who marry themselves without evidence.” The soundest view is that it does not go back farther than Ibn ‘Abbas. Tirmidhi transmitted it.

Abu Huraira reported God’s Messenger as saying, “An orphan girl should be consulted about herself; if she says nothing that indicates her permission, but if she refuses, the authority of the guardian cannot be exercised against her will.” Tirmidhi, Abu Dawud and Nasa’i transmitted it, and Darimi transmitted it on the authority of Abu Musa.

Jabir reported the Prophet as saying, “Any slave who marries without his master's permission is a fornicator.” Tirmidhi, Abu Dawud and Darimi transmitted it.

Ibn ‘Abbas told that a virgin came to God’s Messenger and mentioned that her father had married her against her will, so the Prophet allowed her to exercise her choice. Abu Dawud transmitted it.

Abu Huraira reported God's Messenger as saying, “A woman may not give a woman in marriage, nor may she give herself in marriage, for the immoral woman is the one who gives herself in marriage.” Ibn Majah transmitted it.

Abu Sa'id and Ibn ‘Abbas reported God’s Messenger as saying, “He who has a son born to him should give him a good name and a good education and marry him when he reaches puberty. If he does not marry him when he reaches puberty and He commits sin, its guilt rests only upon his father." Baihaqi transmitted in Shu'ab al-iman.

‘Umar b. al-Khattab and Anas b. Malik reported God’s Messenger as saying that it is written in the Torah, “If anyone does not give his daughter in marriage when she reaches twelve and she commits sin, the guilt of that rests on him." Baihaqi transmitted in Shu'ab al-iman.

The Prophet came and entered when I had been conducted to my husband, and sat on my bedding as you are sitting beside me. Some little girls of ours began to play the tambourine and eulogise those of my ancestors who were killed at the battle of Badr, and then one of them said: “And among us is a prophet who knows what will happen tomorrow." Thereupon he said, “Stop this and say what you were saying.” Bukhari transmitted it.

‘A’isha told that when a bride was conducted to one of the Ansar, God’s Prophet said, “Have you no amusement? The Ansar are delighted by amusement." Bukhari transmitted it.

“God’s Messenger married me in Shawwal and cohabited with me in Shawwal, so which of the wives of God’s Messenger was more beloved by him than I?" Muslim transmitted it.

‘Uqba b. ‘Amir reported God’s Messenger as saying, “The most worthy conditions you fulfil are those by which you make sexual intercourse lawful." (Bukhari and Muslim.)

Abu Huraira reported God’s Messenger as saying, “A man must 'not ask a woman in marriage when his brother has done so already, until he marries or gives her up." (Bukhari and Muslim.)

He reported God’s Messenger as saying, “A woman must not ask to have her sister* divorced in order to deprive her of what belongs to her, but she must marry, because she will have what has been decreed for her." (Bukhari and Muslim.) * The word ‘sister’ is here used in a general sense. The tradition has been explained as referring to one of a man’s wives trying to get him to divorce another, but it probably refers to a woman whom the man has asked in marriage wanting him to divorce his wife before she marries him.

Ibn ‘Umar said God’s Messenger prohibited shighar, which means that a man gives his daughter in marriage on condition that the other gives his daughter to him in marriage without any dower being paid by either. In a version by Muslim he said, “There is no shighar in Islam." (Bukhari and Muslim.)

‘Ali said that at the battle for Khaibar God’s Messenger forbade the temporary marriage (mut’a) of women, and eating the flesh of domestic asses. (Bukhari and Muslim.)

Salama b. al-Akwa said that in the year of Autas* God's Messenger permitted a temporary marriage for three nights, but afterwards he prohibited it. *This was after the battle of Hunain in 8 A.H. Muslim transmitted it.

God’s Messenger taught us the tashahhud in the prayer and in case of some need, saying that the tashahhud in the prayer is, “The adorations of the tongue, acts of worship and all good things belong to God. Peace, and God’s mercy and blessings be upon you, O Prophet. Peace be upon us and upon God’s upright servants. I testify that there is no god but God, and I testify that Muhammad is His servant and Messenger.” The tashahhud in case of some need is, “Praise be to God from whom we ask help and pardon. We seek refuge in God from the evils within ourselves. He whom God guides if has no one who can lead him astray, and he whom He leads astray has no one to guide him. I testify that there is no god but God, and that Muhammad is His servant and Messenger." And one should recite three verses: “You who believe, fear God as He should be feared, and die only as Muslims;” (Al-Qur’an 3:102). “You who believe . . . fear God by whom you ask your mutual rights, and reverence the wombs. God has been watching over you;” (Al-Qur’an 4:1 which has ‘O Mankind.’). “You who believe, if you fear God and say what is true He will make your deeds sound and forgive you your sins. He who obeys God and His Messenger has attained a mighty success” (Al-Qur’an 33:70). Ahmad, Tirmidhi, Abu Dawud, Nasa’i, Ibn Majah and Darimi transmitted it. In Tirmidhi’s Jami' Sufyan ath-Thauri gave a commentary on the three verses. Ibn Majah added “whom we praise” after “praise be to God”, and “from our evil actions” after “from the evils within ourselves.” After “mighty success” Darimi added that one should then express what he needs. In Sharh as-sunna it is transmitted on the authority of Ibn Mas’ud concerning the form of words for some need, whether marriage or something else.

Abu Huraira reported God's Messenger as saying, "Every sermon which does not contain a tashahhud is like a hand cut off.” Tirmidhi transmitted it, saying this is a hasan gharib tradition.

He reported God's Messenger as saying, "Every important matter which is not begun by an expression of praise to God is maimed.” Ibn Majah transmitted it.

‘A’isha reported God's Messenger as saying, “Make this marriage publicly known, solemnise it in the mosques, and play tambourines in honour of it.” Tirmidhi transmitted it, saying this is a gharib tradition.

Muhammad b. Hatib al-Jumahi reported the Prophet as saying, “The distinction between what is lawful and what is unlawful is the song and the tambourine at a wedding.” Ahmad, Tirmidhi, Nasa’i and Ibn Majah transmitted it.

I had a girl of the Ansar whom I gave in marriage, and God's Messenger said, "Why do you not sing, ‘A’isha, for this clan of the Ansar like singing?” Ibn Hibban transmitted it in his Sahih.

‘A’isha gave a woman relative of hers among the Ansar in marriage and God’s Messenger came and said, “Have you escorted the girl to her husband?” On being told that they had, he asked whether they had sent someone along with her to sing, and when she replied that they had not, he said, “The Ansar are a people who give a place to love songs. I wish you had sent with her someone to say, ‘We have come to you, we have come to you; so may God preserve us and preserve you’.” Ibn Majah transmitted it.

Samura reported God’s Messenger as saying, “If two guardians have given any woman in marriage she marries the man for whom the first arranged, and if anyone sells anything to two men it goes to the first of them.” Tirmidhi, Abu Dawud, Nasa’i and Darimi transmitted it.

When we were on an expedition along with God’s Messenger and had no women with us we asked whether we should not have ourselves castrated, but he forbade us to do that. Then he granted us licence to contract temporary marriages, and one would marry a woman giving a garment as dower up to a fixed date. Then ‘Abdallah recited, “You who believe, do not make unlawful the good things which God has made lawful for you” (Al-Qur’an 5:87). (Bukhari and Muslim.)

The temporary marriage applied only in the early days of Islam. A man would come to a settlement where he had no acquaintance and marry a woman for the period it was thought he would stay there, and she would look after his belongings and cook for him. But Ibn ‘Abbas said that when the verse came down, “Except their wives or the captives their right hands possess,” (Al-Qur’an 23:6) intercourse with anyone else became unlawful. Tirmidhi transmitted it.

Going in and finding Qaraza b. Ka‘b and Abu Mas'ud al-Ansari at a wedding where girls were singing I said, “Is this being done in the presence of you two who are companions of God’s Messenger and were present at Badr ?” They replied, “Sit down if you wish and listen along with us, or go away if you wish, for we have been given licence for amusement at a wedding.” Nasa’i transmitted it.

Abu Huraira reported God's Messenger as saying, “A man may not marry a woman and her paternal aunt, or a woman and her maternal aunt.” (Bukhari and Muslim.)

‘A’isha reported God’s Messenger as saying, “What is unlawful by reason of consanguinity is unlawful by reason of fosterage.” Bukhari transmitted it.

My paternal uncle through fosterage came and asked permission to enter, but I refused to allow him till I asked God’s Messenger. When he came I asked him and he said, “He is your paternal uncle, so give him permission.” I replied, “Messenger of God, it was only the woman who suckled me and not the man” whereupon he said, “He is your paternal uncle, so let him come in where you are.” That was after seclusion was instituted for us. (Bukhari and Muslim.)

‘Ali said, “Messenger of God, would you like the daughter of your paternal uncle Hamza, for she is the most beautiful girl in Quraish?” He replied, “Do you not know that Hamza is my foster-brother, and that God has prohibited by reason of fosterage what He has prohibited by reason of genealogy?” Muslim transmitted it.

Umm al-Fadl stated that God’s Prophet said, “Being suckled once or twice does not make marriage unlawful.” In ‘A’isha’s version he said, “One or two sucks do not make marriage unlawful.” In another by Umm al-Fadl he said, “One suckling or two does not make marriage unlawful.” These are versions by Muslim.

‘A’isha said that in what was sent down in the Qur’an ten known sucklings made marriage unlawful, but they were abrogated by five known ones, and when God’s Messenger died these words were among what was recited in the Qur’an. Muslim transmitted it.

She said that the Prophet visited her when a man was with her and he seemed to disapprove of that. She told him that he was her brother and he replied, “Consider* who your brothers are, for fosterage is that consequent on hunger” (Fosterage applies only to infants and not to children who are able to take solid food). * The verb is in the plural, indicating that this is a general instruction and not simply a reply to A’isha. (Bukhari and Muslim.)

‘Uqba b. al-Harith said he married a daughter of Ihab b. 'Aziz and a woman came and said she had suckled 'Uqba and the woman whom he had married, to which he replied, “I am not aware that you suckled me, and you did not inform me.” So he sent to the family of Abu Ihab and asked them, and when they told him that they did not know whether she had suckled their daughter he rode to the Prophet in Medina and asked him. God’s Messenger said, “How can you hesitate when you have been told?” ‘Uqba therefore separated from her and she married another husband. Bukhari transmitted it.

At the battle of Hunain God’s Messenger sent an army to Autas, and they met an enemy and fought with them. . Having prevailed over them and taken captives the Prophet’s companions seemed to hold back from having intercourse with them because of their husbands among the polytheists. Then God most high sent down regarding that, “And women already married, except those whom your right hands possess” (Al-Qur’an 4:24). That means that they were lawful for them when their ‘idda* period came to an end. * The period which a widow or divorced woman must observe before remarriage. See Ch. 26. Muslim transmitted it.

Abu Huraira said that God’s Messenger forbade that a woman should be married to one who had married her paternal aunt, or a paternal aunt to one who had married her brother’s daughter, or a woman to one who had married her maternal aunt, or a maternal aunt to one who had married her sister's daughter. A younger sister must not be married to one who has married an elder sister, nor an elder sister to one who has married a younger sister. Tirmidhi, Abu Dawud, Darimi and Nasa’i transmitted it, Nasa’i’s version ending with “her sister’s daughter.”

My maternal uncle Abu Burda b. Niyar passed me carrying a standard, and I asked him where he was going. He replied, “The Prophet has sent me to bring him the head of a man who has married his father’s wife.” A version by Abu Dawud, Nasa’i, Ibn Majah and Darimi has, “He has ordered me to cut off his head and take his property.” This version has “my paternal uncle” instead of “my maternal uncle.” Tirmidhi and Abu Dawud transmitted it.

Umm Salama reported God’s Messenger as saying, “The only suckling which makes marriage unlawful is that which is taken from, the breast and enters the bowels, and is taken before the time of weaning.” Tirmidhi transmitted it.

Hajjaj b. Hajjaj al-Aslami quoted his father as saying, “Messenger of God, what will remove from me the obligation due for fostering a child.”* He replied, “A slave or a slave-girl of good quality.” *It is said that Arabs liked to give a woman who had fostered a child something over and above the hire. This tradition deals with the amount to be considered full compensation for services rendered. Tirmidhi, Abu Dawud, Nasa’i and Darimi transmitted it.

When I was sitting with the Prophet a woman came forward and the Prophet spread out his cloak and she sat on it. Then when she went away someone said that this woman had suckled the Prophet. Abu Dawud transmitted it.

Ibn ‘Umar told that Ghailan b. Salama ath-Thaqafi accepted Islam and that he had had ten wives in the pre-Islamic period who accepted Islam along with him; so the Prophet told him to keep four and separate from the rest of them. Ahmad, Tirmidhi and Ibn Majah transmitted it.

When I accepted Islam I had five wives, so I consulted the Prophet and he said, “Separate from one and keep four.” I therefore decided on the one who had been longest with me and had been barren for sixty years,* and separated from her. * This statement may seem strange when one considers that Naufal is said to have died in the Caliphate of Yazid b. Mu'awiya (60-64 A.H.). Some say he lived 60 years in the pre-Islamic period and 60 years in Islam. Others says he died aged 100. He is said to have accepted Islam at the Conquest of Mecca. The tradition cannot mean that he had been married to this woman for 60 years; it probably indicates that she was both barren and much older than he. She was possibly his first wife. Cf. Ibn Abu Hatim, al-Jarh wat-ta’dil, IV, i, 487 i.; Isti'ab, p. 293 ; Ibn Hajar, Tahdhib, x, 492; Isaba, iii, 1191. It is transmitted in Sharh as-sunna.

Ad-Dahhak b. Fairuz ad-Dailamli told on his father’s authority that he had said, "Messenger of God, I have accepted Islam and I am married to two sisters." He replied, “Choose whichever of them you wish.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

Ibn ‘Abbas told that a woman who had accepted Islam married, and her husband (i.e. the one she had left to marry another when she became a Muslim) went to the Prophet and said, "Messenger of God, I have accepted Islam and she knew that I had done so.” So God’s Messenger took her away from her second husband and restored her to her first. In a version he said, “She accepted Islam along with me,” so he restored her to him. Abu Dawud transmitted it.

In Sharh as-sunna it is related that the Prophet restored a number of women to their husbands by the first marriage when they had both accepted Islam after the change of religion and dwelling. Among them was the daughter of al-Walid b. Mughira, the wife of Safwan b. Umayya. She accepted Islam on the day of the Conquest, but her husband fled from Islam. Then his cousin Wahb b. ‘Umair was sent to him with God’s Messenger’s cloak as a guarantee of security to Safwan, and when he came God’s Messenger granted him a respite of four months before accepting Islam, so she stayed with him. Umm Hakim daughter of al-Harith b. Hisham, the wife of Ikrima b. Abu Jahl, accepted Islam in Mecca on the day of the Conquest, but her husband fled from Islam and went to the Yemen. Umm Hakim journeyed and came to him in the Yemen, and when she invited him to accept Islam he did so, and they remained married. Malik transmitted it in mursal form on the authority of Ibn Shihab.

Seven classes of women are prohibited by reason of consanguinity and seven by reason of relationship by marriage. He then recited, "Prohibited to you are your mothers ...” (Al-Qur’an 4:23). Bukhari transmitted it.

‘Amr b. Shu’aib, on his father’s authority, said that his grandfather reported God’s Messenger as saying, “If any man marries a woman and cohabits with her it is not lawful for him to marry her daughter, but if he does not cohabit with her he may marry her daughter; and if any man marries a woman it is not lawful of him to marry her mother whether he has cohabited with her or not.” Tirmidhi transmitted it, saying this is a tradition which is not sound, with respect to its isnad. It is transmitted only by Ibn Lahi'a and al-Muthanna b. as-Sabbah on the authority of ‘Amr b. Shu’aib, and they are both declared to be weak in tradition.