Fatawa of the Makkah Haram-1421-01a
Machine translationRead the Arabic original
The reader: It is narrated from Fatimah bint Qays (may Allah be pleased with her) Muwatta Malik 29:73 And in a narration: Sunan al-Bayhaqi 14:84 And in a wording:
The Shaykh : You have no right to
The reader:Sahih Muslim 1480a
And in a wording:
قالت : فلما حللت ذكرت له أن معاوية بن أبي سفيان وأبا جهم خطباني فقال رسول الله صلى الله عليه وسلم : أما أبو جهم فلا يضع عصاه عن عاتقه وأما معاوية فصعلوك لا مال له أنكحي أسامة بن زيد. فكرهتُه ثم قال : أنكحي أسامة بن زيد فنكحته فجعل الله فيه خيراً واغتبطت.
The Shaykh : This is the story of a man who divorced his wife three times, meaning he divorced her, then took her back, then divorced her, then took her back the third time. He sent his agent to her with barley for the waiting period, but she disliked it. Then they both went to the Prophet (peace and blessings be upon him and his family). He said to her, "You have no right to maintenance from him, nor housing," because she had been completely separated from him and cut off from him completely. Then this woman was proposed to three times. The first was Abu Sufyan, yes. The first was Mu'awiyah, the second was Abu Jahm, and the third was Usamah ibn Zayd. This was her consulting the Prophet (peace and blessings be upon him and his family). So he advised her and informed her of the condition of each of them. He said, "As for Usamah, yes. As for Mu'awiyah, he is a pauper with no wealth. As for Abu Jahm, he does not remove his stick from his shoulder. Marry Usamah." Mu'awiyah (may Allah be pleased with him) is a pauper with no wealth, and Abu Jahm does not remove his stick from his shoulder, and the Prophet (peace and blessings be upon him and his family) spoke well of Usamah.
And in this is evidence that it is permissible for the one being consulted to mention characteristics of the person he is being asked about that lead to aversion from him, because this is from the category of sincere advice and not from the category of backbiting. Likewise, "Abu Jahm does not remove his stick from his shoulder" means that he is one who travels a lot, or that he is a beater of women, as that came in another narration. So let us limit ourselves to this part of the hadith and mention the benefits contained in it.
that Abu Amr ibn Hafs divorced her absolutely while he was away
أن أبا عمرو بن حفص طلقها ألبتة وهو غائبHe divorced her three times. So he sent his agent to her with barley, but she rejected it. He said, "By Allah, you have no right to anything from us." She came to the Messenger of Allah (peace and blessings be upon him) and mentioned this to him. He said, "You have no right to maintenance from him
طلقها ثلاثا. فأرسل إليها وكيله بشعير فسخطته ، فقال : والله ما لك علينا من شيء فجاءت رسول الله صلى الله عليه وسلم فذكرت ذلك له فقال : ليس لك عليه نفقةThe Shaykh : You have no right to
The reader:
There is no maintenance due to you from him
ليس لك عليه نفقةAnd in a wording:
Nor housing. So he ordered her to observe her waiting period in the house of Umm Shurayk. Then he said, "That is a woman whom my Companions visit. Observe your waiting period with Ibn Umm Maktum, for he is a blind man. You can lower your garments. When you are free, notify me." She said, "When I was free, I mentioned to him that Mu'awiyah ibn Abi Sufyan and Abu Jahm had proposed to me." The Messenger of Allah (peace and blessings be upon him) said, "As for Abu Jahm, he does not remove his stick from his shoulder. As for Mu'awiyah, he is a pauper with no wealth. Marry Usamah ibn Zayd." She disliked it. Then he said, "Marry Usamah ibn Zayd." So she married him, and Allah made good in him, and I was pleased
ولا سكنى . فأمرها أن تعتد في بيت أم شريك. ثم قال : تلك امرأة يغشاها أصحابي اعتدي عند ابن أم مكتوم فإنه رجل أعمى تضعين ثيابك فإذا حللت فآذنيني.قالت : فلما حللت ذكرت له أن معاوية بن أبي سفيان وأبا جهم خطباني فقال رسول الله صلى الله عليه وسلم : أما أبو جهم فلا يضع عصاه عن عاتقه وأما معاوية فصعلوك لا مال له أنكحي أسامة بن زيد. فكرهتُه ثم قال : أنكحي أسامة بن زيد فنكحته فجعل الله فيه خيراً واغتبطت
The Shaykh : This is the story of a man who divorced his wife three times, meaning he divorced her, then took her back, then divorced her, then took her back the third time. He sent his agent to her with barley for the waiting period, but she disliked it. Then they both went to the Prophet (peace and blessings be upon him and his family). He said to her, "You have no right to maintenance from him, nor housing," because she had been completely separated from him and cut off from him completely. Then this woman was proposed to three times. The first was Abu Sufyan, yes. The first was Mu'awiyah, the second was Abu Jahm, and the third was Usamah ibn Zayd. This was her consulting the Prophet (peace and blessings be upon him and his family). So he advised her and informed her of the condition of each of them. He said, "As for Usamah, yes. As for Mu'awiyah, he is a pauper with no wealth. As for Abu Jahm, he does not remove his stick from his shoulder. Marry Usamah." Mu'awiyah (may Allah be pleased with him) is a pauper with no wealth, and Abu Jahm does not remove his stick from his shoulder, and the Prophet (peace and blessings be upon him and his family) spoke well of Usamah.
And in this is evidence that it is permissible for the one being consulted to mention characteristics of the person he is being asked about that lead to aversion from him, because this is from the category of sincere advice and not from the category of backbiting. Likewise, "Abu Jahm does not remove his stick from his shoulder" means that he is one who travels a lot, or that he is a beater of women, as that came in another narration. So let us limit ourselves to this part of the hadith and mention the benefits contained in it.