Benefits of the Hadith: (Indeed, she sought refuge with Mu'adh)

The Shaykh : And the important point from this hadith is: : He granted her three garments, and what is not found in any other case. And he (peace and blessings be upon him) said: . Therefore, when she sought refuge in Allah from him, he left her alone, even though he had married her out of desire. But he (peace and blessings be upon him) preferred what Allah Mighty and Majestic approves of and the exaltation of Allah over his own desire.
And among the benefits of this hadith is that it is obligatory for one from whom a person seeks refuge in Allah to grant that refuge. And the command for this has come explicitly: . However, the condition for this is that the person does not seek refuge in Allah from a matter that is obligatory upon him and he is bound by it. Because we know that if a person seeks refuge in Allah from a matter that is obligatory upon him and he is bound by it, Allah will not grant him refuge. So if we ordered a man to pray in congregation and we insisted on it, and he said: "I seek refuge in Allah from you," then we do not grant him refuge. Why?
Because we know that Allah does not grant refuge to one who abandons an obligation.
And if we saw a man wanting to drink intoxicants and we prevented him, and he said: "I seek refuge in Allah from you," then we do not grant him refuge either. Why?
Because we know that Allah does not grant refuge to one who intends to do something forbidden. And so is the rule.
But if a person seeks refuge in Allah in a matter of our rights or in a permissible matter, then we grant him refuge. We grant him refuge by that, because he has turned to and been compelled to Allah Mighty and Majestic. It should not be that we stand between him and the One to whom he has turned, who is the Great Lord, Exalted and Majestic is He.
And among the benefits of this hadith is that divorce has euphemisms (kinaya). Because his saying here: is an expression of his saying: . So when the Messenger (peace and blessings be upon him) said to her when she sought refuge in Allah from him: . And the euphemism for divorce is: " Any word that implies divorce and other things is a euphemism, and divorce does not occur with it except with the intention of divorce" , the intention of divorce. So if a man says to his wife: "Go back to your people," it is possible that he intended divorce, or that he intended for her to go to them for a visit, or that he intended for her to go to them to extinguish the fire of his anger until he calms down, so that nothing happens between them that is disliked, or something similar. Is that not so?
And the fourth possibility is that he intended divorce. So we say: If he intended divorce, it becomes a divorce. And if he did not intend it?
It was not a divorce. And that is because the word implies divorce and other things, so divorce is not established except by intention.
And the scholars differed: Does the apparent situation establish the meaning or not? How?
Meaning, if he said this word or other euphemisms in a state of anger, then the indication of the situation points to the fact that he intended divorce, even though it is possible that he did not intend it. But the apparent situation indicates that he intended divorce.
And likewise, if she said to him: "Divorce me," and he said: "Go up, go back to your people," and he did not intend anything, does the divorce occur or not?
We say: The apparent situation, hmm? Answer, everyone?
The student: He intends divorce.

The Shaykh : The apparent situation is that he intended divorce because she asked for divorce, so he said: "Go back to your people," or he said: "Go up." Yes, even though there is a possibility that he did not intend divorce, and that he said: "Go up" meaning a word of reprimand. In our custom now, "go up" is a word of reprimand. So it is possible that he intended to reprimand her, and it is possible that his saying: "Go back to your people" means he wants her to go to her people to soothe her mind and calm her anger, and he does not intend divorce.
I say the scholars differed regarding whether, if the apparent situation indicates the intention of divorce, the divorce occurs or not?
In this, the scholars have two opinions:
The first opinion is that the divorce occurs, considering the apparent situation.
And the second opinion is that it does not occur except with intention, because the original state is that the marriage bond remains and the wife is his wife until clear evidence arises of the intention to divorce.
And among the established rules is that certainty is not removed by doubt. And what is the certainty here?
Huh?
The marriage bond and the continuation of the marriage, so it is not removed by doubt.
So we say: The stronger opinion is that it is not a divorce except with intention.
And some scholars said: It is a divorce unless he intended otherwise. Pay attention to the difference between the two opinions: It is a divorce based on the apparent situation, except if he intends otherwise. If he intends otherwise, it is not a divorce, due to his saying (peace and blessings be upon him): .
And this opinion may be preferred in litigation, meaning if they come to the judge, the judge says: I have only the apparent, and the apparent situation requires that he intended divorce. Yes, but if it is between the husband and wife, and he said to her: "I did not intend divorce," and she believed him in that, then the divorce does not occur.
And more research on this will come, if Allah wills, in the chapter of divorce, but we mentioned it here as an aside.
And among the benefits of this hadith is that the divorced woman is granted a gift (mut'ah), due to his saying: as in the other narration.
In any case, the divorced woman is granted a gift, and the gift is of two types:
An obligatory gift, and a non-obligatory gift which is a recommended practice.
So the obligatory gift is: what becomes obligatory by divorce before consummation and seclusion, if no bridal gift was specified for her. What did I say?
What becomes obligatory by divorce before consummation and seclusion if no bridal gift was specified for her, because if a bridal gift was specified for her, half of the bridal gift becomes obligatory for her. And if he consummated or had seclusion, the like of the bridal gift becomes obligatory for her even if no bridal gift was specified. So if he divorced her and did not specify a bridal gift before consummation and seclusion, the gift is obligatory. Allah the Exalted said: What?
: So He made it obligatory even for the poor. We say this is an obligatory gift.
The recommended gift is: what is by divorce after consummation or seclusion, because by consummation or seclusion the bridal gift becomes obligatory, either the specified one if it was specified, or the like of the bridal gift if it was not specified. So if he divorced her after consummation, meaning and seclusion, it is prescribed that he grant her a gift.
But most of the scholars are of the opinion that this gift is a recommended practice, not obligatory.
And some scholars see it as obligatory, and the evidence for this is His saying the Exalted: : for all divorced women, .
And this opinion is the choice of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), as I think, because the verse is explicit and its generality is apparent: .
And reason requires the obligation of that. Why?
Because the divorce of a woman is like breaking her, as the Prophet (peace and blessings be upon him) said. And if it is like breaking her, then what is befitting for a person is to mend this break with some money. And even if some women would not ransom their husband with the whole world, but in any case, if a person is compelled to divorce and divorces, it is obligatory upon him to grant her a gift, truly upon the righteous.
Is this gift that occurred from the Prophet (peace and blessings be upon him) from the category of the obligatory or from the category of the recommended?
The student: The second.

The Shaykh : Yes, the second, because by seclusion the bridal gift became fixed. But we mentioned previously that there is disagreement in this issue, because what is agreed upon is intercourse and death, which is what fixes the bridal gift. And seclusion, touching, kissing, and the like have disagreement. And we mentioned from Imam Ahmad (may Allah have mercy on him) a narration on the subject regarding what fixes the bridal gift. What?
" That if he made lawful from her what is not made lawful except by contract, the bridal gift becomes obligatory" And the speech on this has preceded.
The important point we say in this: As for the opinion of one who sees that the bridal gift is not fixed except by intercourse, then this gift is from the category of the obligatory.
And as for the opinion of one who sees that it is fixed by seclusion, then this gift is from the category of the recommended, except on the second opinion which says: That every divorced woman must be granted a gift, then it is from the category of the obligatory. I do not know if the issue is clear or not? Hmm, Fuad?
The student: I understand, O Shaykh.

The Shaykh : What did you understand?
The student: I understood, meaning the last opinion: that he made the bridal gift obligatory for her.

The Shaykh : Who made the bridal gift obligatory for her?
The student: Now, O Shaykh, there are two opinions of the scholars in the chapter of the bridal gift, some of them see!

The Shaykh : First: The gift now, do you know what the gift is?
The student: This is what the hadith indicated.

The Shaykh : What is the gift?
The student: The money that is given to the wife.

The Shaykh : Yes, to soothe her mind. We said: There is an obligatory gift and a non-obligatory gift. What is the obligatory one?
The student: The obligatory one means if he did not consummate with the woman and did not specify a bridal gift for her.

The Shaykh : Yes, if he did not consummate with her and did not have seclusion with her and did not specify a bridal gift, then the gift is obligatory. What is the evidence?
The student: The evidence is the saying of Allah Mighty and Majestic: .

The Shaykh : , okay, this is one.
The recommended gift?
The student: The recommended gift is, meaning after intercourse or!

The Shaykh : Or seclusion. Well, in this case, it is recommended if he divorced her, because the mahr becomes established by intercourse or by seclusion, according to the second opinion. It is either the specified amount if it was specified, or the mahr of the like if it was not specified. Well, the mut'ah in this case is recommended. Is that right or not?
Well, the mut'ah of the Messenger of Allah (peace and blessings be upon him) for the daughter of al-Jawn, which of the two was it?
The student: Which one?

The Shaykh : No, the question is for Fu'ad.
The student: The answer to this question, O Shaykh, is: If we say that seclusion is established!

The Shaykh : For the mahr.
The student: I mean, for the mahr, this becomes obligatory.

The Shaykh : Obligatory?
If we say that seclusion is established for the mahr, then this is obligatory?
And what do you say, people?
The student: It is recommended.

The Shaykh : It is recommended, because when he secluded himself with her, the mahr became established, and this mut'ah becomes permissible. Well, and if we say that it does not become established by seclusion, then it becomes one of the obligatory types of mut'ah. That is complete. Well.
Regarding the recommended mut'ah after intercourse or seclusion, some scholars have the opinion that it is obligatory. Is that clear?
And according to this opinion, the mut'ah becomes obligatory for every divorced woman. If it is before intercourse or seclusion, it is compensation for what she is entitled to from the mahr. And if it is after that, it is to console her. That is complete. Is that clear, everyone?
The student: What is the stronger position?

The Shaykh : Yes, the stronger position is that the mut'ah is obligatory for every divorced woman, because the verse is clear: But it is not like the first one; the first one is .
And the second one is according to the ability of the one who has means, the mut'ah after intercourse and seclusion, because Allah said: .
And the one who is in straitened circumstances owes nothing, because the one in straitened circumstances is unable, so nothing is required of him.
And the discussion of the hadith has ended. It is obligatory for everyone who recorded the discussion of this hadith in the previous lesson to erase it and replace it with this one.
The student: The story?

The Shaykh : Hm?
The student: The story mentioned in this hadith?

The Shaykh : What?
The student: What was reported about the Mothers of the Believers that they said to her!

The Shaykh : This is not in the authentic collections. The one reported about the Mothers of the Believers, or some of the Mothers of the Believers, is that they said to her when they saw that she was very beautiful, noble, of good lineage, and of high status: "The woman who wants to be favored by her husband, the Prophet (peace and blessings be upon him), when he enters upon her, should say: I seek refuge in Allah from you." But it is not in the authentic collections. Now, let us return to the discussion, my brothers!
The student: There is a little time left, Shaykh.

The Shaykh : Yes, that is right. For this reason, we would like you to listen to the chapter on the bridal gift.