Is the hadith: (Do not prevent the women of Allah from the mosques of Allah) a statement of obligation or not?
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The questioner: All right, regarding your statement that it is not permissible for a man to prevent her, does this mean that the hadith is a statement of obligation?
The Shaykh : Definitely.
The questioner: All right, Shaykh al-Islam Ibn Taymiyyah says about this hadith that it does not indicate obligation, because the Messenger of Allah (peace and blessings be upon him) gave the permission to the husband, and he has the right to prevent or the right to accept.
The Shaykh: Where is this right? Where is this right?
The questioner: He quoted the wording: Then he said: If it were obligatory, he would not have given the man permission.
The Shaykh: This is like those who say: If the sacrifice were obligatory, he (peace be upon him) would not have said: So they attributed the command to the desire of the one who sacrifices. I said: Then uprightness is also not obligatory, because Allah the Exalted said: [At-Takwir 81:28] So the fact that the Messenger (peace and blessings be upon him) said: does not mean that it is permissible for the husband to prevent her, how can it be when he says to her: He is talking about a real situation, which is that not all women pray in the mosque, and not every woman who prays in the mosque maintains ... Therefore, the husband must then give her permission. So the saying of the Messenger: This does not mean that it is not obligatory; rather, it is obligatory for him, if asked for permission, not to give it.
The questioner: I mean, it is not just this that gives the obligation, but two things:
First: That the Friday prayer is not obligatory for women, so the congregation is even more so.
The Shaykh: Of course, this is what requires analogy.
The questioner: And this is the second: If the matter were one of obligation, the going of women being obligatory, the Prophet (peace and blessings be upon him) would not have preferred the woman's house to her mosque. This is what I am conveying.
The Shaykh: Yes.
The student: I mean, is the discussion about the obligation on the man not to prevent?
The Shaykh: And it is so, of course, it is not the answer to the prayer.
The questioner: All right, I mean, if he prevented her, if she asked for permission and he prevented her, and she went out without his permission against his will, is this permissible?
The Shaykh: Permissible ... because he is tyrannizing over her contrary to the Shari'ah.
The questioner: He thinks that this mosque will corrupt her, he thinks.
The Shaykh: This is another matter. Matters, as you know, are dealt with according to their natural circumstances. But if a new factor enters the subject, it has its ruling at that time. And we have explained just now that if the wife goes out adhering to the rulings of the Shari'ah, it is not permissible for the husband to prevent her. It is not so if she is violating the Shari'ah. There, the saying of A'ishah comes:Sahih Ibn Khuzaymah 3:215. Last question ... we are in an open session.
The Shaykh : Definitely.
The questioner: All right, Shaykh al-Islam Ibn Taymiyyah says about this hadith that it does not indicate obligation, because the Messenger of Allah (peace and blessings be upon him) gave the permission to the husband, and he has the right to prevent or the right to accept.
The Shaykh: Where is this right? Where is this right?
The questioner: He quoted the wording:
If the wife of any of you asks for permission ...
إذا استأذنت أمة أحدكم ...The Shaykh: This is like those who say: If the sacrifice were obligatory, he (peace be upon him) would not have said:
If the tenth of Dhul-Hijjah enters and any of you wants to sacrifice ...
إذا دخل عشر ذو الحجة وأراد أحدكم أن يضحي ...For whoever wills among you to take a right course.
لمن أراد منكم أن يستقيمIf they ask you for permission
إذا استأذنكمThen give them permission
فأذنوا لهنIf she asks for permission
إذا استأذنThe questioner: I mean, it is not just this that gives the obligation, but two things:
First: That the Friday prayer is not obligatory for women, so the congregation is even more so.
The Shaykh: Of course, this is what requires analogy
And their homes are better for them
وبيوتهن خير لهنThe questioner: And this is the second: If the matter were one of obligation, the going of women being obligatory, the Prophet (peace and blessings be upon him) would not have preferred the woman's house to her mosque. This is what I am conveying.
The Shaykh: Yes.
The student: I mean, is the discussion about the obligation on the man not to prevent?
The Shaykh: And it is so, of course, it is not the answer to the prayer.
The questioner: All right, I mean, if he prevented her, if she asked for permission and he prevented her, and she went out without his permission against his will, is this permissible?
The Shaykh: Permissible ... because he is tyrannizing over her contrary to the Shari'ah.
The questioner: He thinks that this mosque will corrupt her, he thinks.
The Shaykh: This is another matter. Matters, as you know, are dealt with according to their natural circumstances. But if a new factor enters the subject, it has its ruling at that time. And we have explained just now that if the wife goes out adhering to the rulings of the Shari'ah, it is not permissible for the husband to prevent her. It is not so if she is violating the Shari'ah. There, the saying of A'ishah comes:
If the Messenger (peace and blessings be upon him) had known what the women would innovate after him, he would have prevented them from the mosques
لو يعلم الرسول صلى الله عليه وسلم ما أحدث النساء بعده لمنعهن المساجد
Source
www.al-albany.com
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