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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Commentary on the book "Fiqh al-Sunnah," the saliva of a menstruating woman, and a benefit from the Prophet's (peace and blessings be upon him) kind treatment of his wife.

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The Shaykh : He cited a hadith here to indicate part of the topic, namely the saliva of a menstruating woman. He cited a hadith to derive evidence for a part of this chapter, which is the saliva of a menstruating woman; is there any issue with it?
The answer: There is no issue with it. The evidence is what was reported from the Lady Aisha (may Allah be pleased with her), who said: "I used to drink while I was menstruating, and then I would hand the cup to the Prophet (peace and blessings be upon him), and he would place his mouth on the spot where I had drunk." Muslim narrated it.
The Lady Aisha would take the cup of drink and drink from it, and then the Messenger (peace be upon him) would take that same cup and place his mouth on the spot where the Lady Aisha's mouth had been. So it is not only that he drank her saliva, but he also directly touched the place where her saliva had been, necessarily. That is, he (peace and blessings be upon him) placed his noble, pure mouth on the spot from which the Lady Aisha had drunk from the cup. This clearly indicates that the saliva of a menstruating woman is pure, just as her saliva is pure when she is in a state of purity.
Then, in this hadith, as you see, there is an etiquette of good conduct toward the wife and the family. This etiquette, as you see, is a very high standard, yet I believe most husbands, most married Muslim men, are unaware of it. They do not treat their wives with the gentle treatment that the Messenger (peace be upon him) used to treat his wife, the Lady Aisha (may Allah be pleased with her). These Europeans, who claim to respect women with a respect that is unmatched, have not reached this level of etiquette in good conduct toward the wife. They respect them in a way that we see is not respect for them, but rather entangling them and misleading them. Yet, despite this gentleness in good conduct toward the wife, the Europeans do not do it. For example, if you want to enter or exit, you see them giving precedence to the woman, even if she is a stranger and not just a wife, and when boarding a plane or a car and the like. These are formalities.

The questioner : ...with a dog.

The Shaykh : The dog also goes ahead. All right.
So when we read the book "Fiqh al-Sunnah" and similar books of hadith that combine hadith with jurisprudence, we are actually aiming for two things. If we read such a book and thereby turn away from the many books of jurisprudence that have been written, we do so because books of jurisprudence, in the general sense of the term today, are dry, as if a person were reading the law, or chemistry, or physics, or sciences that are difficult for people except those with specific purposes and inclinations, who digest them temporarily.
Similarly, classical Islamic jurisprudence, unfortunately, is like this; it is read with difficulty and hardship. Why? Because it contains no Qur'an and no hadith. It contains, yes, no life, no encouragement or warning, no mention of the Prophet's (peace be upon him) etiquette, his character, or his biography. This is unlike "Fiqh al-Sunnah" and similar books, where the author derives evidence for a jurisprudential issue from what came in the Book and the Sunnah. So while you, the student of Fiqh al-Sunnah, are researching the saliva of animals in general, you naturally transition to an etiquette of good conduct. And through a hadith mentioned by the author, this author immediately connects you to the Messenger of Allah (peace and blessings be upon him and his family), to his Sunnah, his guidance, and his biography, whereas the other jurists cut you off from the Messenger of Allah (peace and blessings be upon him) by limiting themselves to mentioning opinions only, without their evidence from the Book of Allah and the Sunnah of the Prophet (peace and blessings be upon him).
So here we are... in the discussion of saliva, the author cites the hadith of the Lady Aisha that when she placed her mouth on the cup to drink, the Messenger (peace be upon him) would take that cup and place his mouth on the spot where the Lady Aisha's mouth had been. So we have benefited from this hadith in two ways:
The first benefit is the direct address of the topic, which is that the saliva of a menstruating woman is pure. The other benefit is how we should conduct ourselves kindly toward our wives and be gentle with them; because they are, as the Messenger (peace be upon him) rightly described them:
Be gentle, for you are dealing with glass vessels. رويدك سوقك بالقوارير
, the Messenger (peace and blessings be upon him) described them as vases. Vases means glass that breaks quickly. So the nature of this type of human being is delicate and very sensitive. Therefore, the husband should treat his wife kindly, not with harshness, but with gentleness and softness. This does not mean that he should overlook her violation of the Shari'ah, or turn a blind eye to her displaying her adornment or leaving her husband's house without the permission of the Shari'ah; that is not the meaning. Rather, he should be gentle with her within the limits of the Shari'ah in matters that do not involve violation; this includes food and drink. This is an etiquette of the Messenger (peace be upon him) with his wife regarding drinking.
Similarly, regarding food; the Lady Aisha would take a bone with meat on it, which is linguistically called a rib with meat on it. The Lady Aisha would bite it, and of course a little meat would remain. Then the Messenger would come and place his mouth on the spot where the Lady Aisha had bitten and where the remainder was. This is also part of his (peace be upon him) etiquette with his wife. We must follow his (peace be upon him) example in all aspects of his life, in his treatment of people, and in his treatment of his wives.
This is what the author mentions regarding the saliva of humans of all kinds, whether Muslim or disbeliever, pure, in a state of major ritual impurity, or menstruating.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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