The Book of Marriage, Breastfeeding, Divorce, Mutual Oath-Swearing, and Manumission-05b
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The reader: In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon His servant and messenger, our Prophet Muhammad, and upon his family and all his Companions.
As for what follows: Imam Muslim (may Allah have mercy on him) said in the Book of Marriage, in the chapter on the prohibition of intercourse with a pregnant captive woman:
And Muhammad ibn al-Muthanna narrated to me, saying: Muhammad ibn Ja'far narrated to us, saying: Shu'bah narrated to us from Yazid ibn Hamir, saying: I heard 'Abd al-Rahman ibn Jubayr narrating from his father from Abu al-Darda' from the Prophet (peace and blessings be upon him):.
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
We have previously discussed in the last lesson the ruling on 'azl, the ruling on a man practicing 'azl with his wife, and we clarified that it is permissible, but it should not be done except out of need. However, may a woman take pills to prevent pregnancy? The scholars (may Allah have mercy on them) have permitted this, but only out of need and with the husband's permission. Just as the husband does not practice 'azl with his wife except with her permission. However, we have heard from reliable doctors that these pills which a woman takes to prevent pregnancy are very harmful. Therefore, they are prohibited because of their harm, not because of stopping pregnancy, because stopping pregnancy in principle is not a problem on a temporary basis, not on a permanent basis. As for intercourse with a pregnant captive woman, the point is that if Muslims capture women of the disbelievers in battle and among them is a pregnant woman, it is not permissible for the one who falls into his ownership to have intercourse with her, because this child is not his child, and it is not permissible for a person to have intercourse with a pregnant woman so that he waters the crop of another with his water. As for the hadith in which the Prophet (peace and blessings be upon him) said:Sahih Muslim 1441a, this means that if he had intercourse with her, the Prophet (peace and blessings be upon him) would have cursed him with a curse that would enter the grave with him, may Allah keep us safe. This means a curse that continues in this entire world until he transitions to the Hereafter. And his saying "How will he make her inherit from him while she is not lawful to him" means if he claimed the child as his and it turned out to be his, because he does not know if he had intercourse with her while she was pregnant, especially in the early stages of pregnancy, it is not known whether the child is his or belongs to the one who preceded him. So he makes her inherit from him, and what is the case? She does not deserve inheritance because she is not his daughter, or the child belongs to the one who had intercourse with her first, in which case it becomes a slave following its mother, and he uses it while it is not lawful for him. So the Messenger (peace and blessings be upon him) made the matter either this or that: either it is said who does this pregnancy belong to? If it belongs to the first, this man uses it as a slave while it is not lawful for him, or it belongs to the second man who had intercourse, in which case he makes it inherit from him because it would be his son, while it is not lawful for him.
Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon His servant and messenger, our Prophet Muhammad, and upon his family and all his Companions.
As for what follows: Imam Muslim (may Allah have mercy on him) said in the Book of Marriage, in the chapter on the prohibition of intercourse with a pregnant captive woman:
And Muhammad ibn al-Muthanna narrated to me, saying: Muhammad ibn Ja'far narrated to us, saying: Shu'bah narrated to us from Yazid ibn Hamir, saying: I heard 'Abd al-Rahman ibn Jubayr narrating from his father from Abu al-Darda' from the Prophet (peace and blessings be upon him):
That a woman with a prominent belly was brought to the door of a tent, and he said: "Perhaps he wants to have intercourse with her." They said: "Yes." So the Messenger of Allah (peace and blessings be upon him) said: "I was about to curse him with a curse that would enter the grave with him. How will he make her inherit from him while she is not lawful to him? How will he use her while she is not lawful to him?"
أنه أتى بامرأة مجح على باب فسطاط فقال: لعله يريد أن يلم بها، فقالوا: نعم، فقال رسول الله صلى الله عليه وسلم لقد هممت أن ألعنه لعنا يدخل معه قبره كيف يورثه وهو لا يحل له كيف يستخدمه وهو لا يحل لهThe Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
We have previously discussed in the last lesson the ruling on 'azl, the ruling on a man practicing 'azl with his wife, and we clarified that it is permissible, but it should not be done except out of need. However, may a woman take pills to prevent pregnancy? The scholars (may Allah have mercy on them) have permitted this, but only out of need and with the husband's permission. Just as the husband does not practice 'azl with his wife except with her permission. However, we have heard from reliable doctors that these pills which a woman takes to prevent pregnancy are very harmful. Therefore, they are prohibited because of their harm, not because of stopping pregnancy, because stopping pregnancy in principle is not a problem on a temporary basis, not on a permanent basis. As for intercourse with a pregnant captive woman, the point is that if Muslims capture women of the disbelievers in battle and among them is a pregnant woman, it is not permissible for the one who falls into his ownership to have intercourse with her, because this child is not his child, and it is not permissible for a person to have intercourse with a pregnant woman so that he waters the crop of another with his water. As for the hadith in which the Prophet (peace and blessings be upon him) said: