Benefits of the hadith regarding Sawdah’s concession of her day from the Prophet’s (peace and blessings be upon him) marriages and her gifting of her day to Aishah.
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The Shaykh : Then he said: “And from Aishah that Sawdah bint Zam‘ah gifted her day to Aishah, and the Prophet (peace and blessings be upon him) would allocate to Aishah her day and Sawdah’s day”.
Sawdah bint Zam‘ah was among the senior wives of the Prophet (peace and blessings be upon him). It is said that the Prophet (peace and blessings be upon him) married her after Khadijah, making her his second wife. It is also said that he married Aishah after Khadijah, but he did not consummate the marriage until he was in Madinah, which would make Sawdah the third wife. However, she (may Allah be pleased with her) was among the senior women. When she realized that she had grown old, she used her firm and great intellect to consider conceding her right to the share of time and making her concession to the woman he loved most, so she gifted it to Aishah (may Allah be pleased with her). Thus, the Prophet (peace and blessings be upon him) would allocate to Aishah her day and Sawdah’s day, meaning: Aishah would have two days, and the rest of the women would have one day. How long would he be absent from Aishah? Seven days; he would be absent from her for seven days. It is said that the Messenger (peace and blessings be upon him) intended to divorce Sawdah, so she spoke to him and said: “I, O Messenger of Allah, will remain your wife and gift my day to Aishah.” The Prophet (peace and blessings be upon him) accepted. Whether the matter was as such, or whether it was Sawdah’s own initiative (may Allah be pleased with her), the ruling is that it is permissible for a woman to concede her right to the share of time to a specific woman among his wives.
The following benefits are derived from this hadith: First: The permissibility of a woman conceding her right to the share of time. The evidence for this is that the Prophet (peace and blessings be upon him) approved Sawdah’s action; if this had been prohibited, the Messenger (peace and blessings be upon him) would not have accepted it.
Among the benefits of the hadith: That a release of obligation is valid with the wording of a gift. Where is this taken from? It is taken from the fact that she gifted her day. This is not a gift in the true sense, but it is a release from the obligation of the share of time. Accordingly, if you say to your debtor whom you are pursuing: “I have gifted you your debt,” it is valid, and he is released by that.
Among the benefits of this hadith: The indication of the perfection of Sawdah’s intellect (may Allah be pleased with her), as she conceded her right to the share of time to remain among the Mothers of the Believers.
Among the benefits of this hadith: The indication that if the Prophet (peace and blessings be upon him) divorced a woman, she would not be among the Mothers of the Believers, and this is indeed the case. The woman who sought refuge from the Messenger (peace and blessings be upon him) when he entered upon her and he granted her safety is not among the Mothers of the Believers, because she was divorced during the lifetime of the Messenger (peace and blessings be upon him).
Among the benefits of this hadith: That it is permissible for a woman to concede her right to a specific woman. Where is this taken from? It is taken from the fact that Sawdah gifted her day to Aishah. Is it valid for her to concede it to one of his wives in a general sense? The apparent view is that it is valid. Accordingly, if a woman is not specified, the husband has the right to assign it to one of his wives. The husband also has the right to make it shared among his wives. However, if she says: “Make it for one of your wives,” it is possible that it is as we said, that he has the choice, and it is possible that he makes it shared. Accordingly, we return to the ruling of this issue and say: If the wife concedes to a specific woman among the wives, it is determined that it be assigned to her. If she concedes to one of his wives in a general sense, he has the right to specify whom he wishes, because it is unspecified. If she concedes it absolutely, it becomes shared among the wives. Do you understand? Good. The first case is clear: His wife Hind says: “I have gifted my day to my co-wife Zaynab,” so it belongs to Zaynab, and it is not permissible for him to transfer it to anyone else. And if his wife Hind says: “I have gifted my day to one of your wives, choose whom you wish,” then here he assigns it to whom he wishes, and he has the right to make it shared. He has the right to make it shared.
The third scenario: That she concedes her right to no one, so he has the right to make it shared. In fact, we may say: It is determined that he make it shared. But what does the word “shared” mean? It means jointly. For example, if he has four women, the right of each one is one night out of four. If she concedes it to no specific person and not in a general sense, it becomes shared, and the rotation of time is among three. If we make it shared, he is absent from each of the three for two nights. If it is for one specific person among the three, he comes to the specified one twice, and comes to the second and third once each, so he is absent from the second and third for three nights. This is the difference.
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Sawdah bint Zam‘ah was among the senior wives of the Prophet (peace and blessings be upon him). It is said that the Prophet (peace and blessings be upon him) married her after Khadijah, making her his second wife. It is also said that he married Aishah after Khadijah, but he did not consummate the marriage until he was in Madinah, which would make Sawdah the third wife. However, she (may Allah be pleased with her) was among the senior women. When she realized that she had grown old, she used her firm and great intellect to consider conceding her right to the share of time and making her concession to the woman he loved most, so she gifted it to Aishah (may Allah be pleased with her). Thus, the Prophet (peace and blessings be upon him) would allocate to Aishah her day and Sawdah’s day, meaning: Aishah would have two days, and the rest of the women would have one day. How long would he be absent from Aishah? Seven days; he would be absent from her for seven days. It is said that the Messenger (peace and blessings be upon him) intended to divorce Sawdah, so she spoke to him and said: “I, O Messenger of Allah, will remain your wife and gift my day to Aishah.” The Prophet (peace and blessings be upon him) accepted. Whether the matter was as such, or whether it was Sawdah’s own initiative (may Allah be pleased with her), the ruling is that it is permissible for a woman to concede her right to the share of time to a specific woman among his wives.
The following benefits are derived from this hadith: First: The permissibility of a woman conceding her right to the share of time. The evidence for this is that the Prophet (peace and blessings be upon him) approved Sawdah’s action; if this had been prohibited, the Messenger (peace and blessings be upon him) would not have accepted it.
Among the benefits of the hadith: That a release of obligation is valid with the wording of a gift. Where is this taken from? It is taken from the fact that she gifted her day. This is not a gift in the true sense, but it is a release from the obligation of the share of time. Accordingly, if you say to your debtor whom you are pursuing: “I have gifted you your debt,” it is valid, and he is released by that.
Among the benefits of this hadith: The indication of the perfection of Sawdah’s intellect (may Allah be pleased with her), as she conceded her right to the share of time to remain among the Mothers of the Believers.
Among the benefits of this hadith: The indication that if the Prophet (peace and blessings be upon him) divorced a woman, she would not be among the Mothers of the Believers, and this is indeed the case. The woman who sought refuge from the Messenger (peace and blessings be upon him) when he entered upon her and he granted her safety is not among the Mothers of the Believers, because she was divorced during the lifetime of the Messenger (peace and blessings be upon him).
Among the benefits of this hadith: That it is permissible for a woman to concede her right to a specific woman. Where is this taken from? It is taken from the fact that Sawdah gifted her day to Aishah. Is it valid for her to concede it to one of his wives in a general sense? The apparent view is that it is valid. Accordingly, if a woman is not specified, the husband has the right to assign it to one of his wives. The husband also has the right to make it shared among his wives. However, if she says: “Make it for one of your wives,” it is possible that it is as we said, that he has the choice, and it is possible that he makes it shared. Accordingly, we return to the ruling of this issue and say: If the wife concedes to a specific woman among the wives, it is determined that it be assigned to her. If she concedes to one of his wives in a general sense, he has the right to specify whom he wishes, because it is unspecified. If she concedes it absolutely, it becomes shared among the wives. Do you understand? Good. The first case is clear: His wife Hind says: “I have gifted my day to my co-wife Zaynab,” so it belongs to Zaynab, and it is not permissible for him to transfer it to anyone else. And if his wife Hind says: “I have gifted my day to one of your wives, choose whom you wish,” then here he assigns it to whom he wishes, and he has the right to make it shared. He has the right to make it shared.
The third scenario: That she concedes her right to no one, so he has the right to make it shared. In fact, we may say: It is determined that he make it shared. But what does the word “shared” mean? It means jointly. For example, if he has four women, the right of each one is one night out of four. If she concedes it to no specific person and not in a general sense, it becomes shared, and the rotation of time is among three. If we make it shared, he is absent from each of the three for two nights. If it is for one specific person among the three, he comes to the specified one twice, and comes to the second and third once each, so he is absent from the second and third for three nights. This is the difference.
Is the time up?