Benefits of the Hadith: (It is from the Sunnah that if a man marries a virgin, he stays with her for seven days...)
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The Shaykh : So, what is derived from this hadith is:
The obligation of the initial division of time, and when we say "initial," we mean to distinguish it from the continuous division, because the continuous division is the opposite of this; the continuous division is one day with one and one day with the other. Where do we take this from?
From his saying:Bulugh al-Maram 8:106.
If someone were to say: The Companion's statement that it is "from the Sunnah" includes both the obligatory and the recommended, so what makes us interpret it as meaning the obligatory?
The answer to that is: If it were not obligatory for him to stay with her for these seven days, and if it were not required, she would not be lawful to him, because with these seven days there is an inclination toward the new wife, and inclination is forbidden. Is it permissible or not?
It is forbidden, and the forbidden is not made permissible except by an obligation. Write that down. And this is a response to anyone who says: "From the Sunnah" is suitable for both obligation and recommendation, so what makes it interpreted as obligation?
We say: Because this division, if it were not obligatory, would entail an inclination toward the new wife, and inclination is forbidden, and the forbidden is not violated except by an obligation. For this reason, the scholars said:
That circumcision is obligatory, and they argued that it is not possible for a human being to be violated and a part of his limbs or skin to be cut except for an obligation, because transgressing against him in this manner is forbidden, and the forbidden is not made permissible except by an obligation.
Now, among the benefits of this hadith is: The distinction between the virgin and the non-virgin, which is apparent.
And among the benefits of this hadith is: That descriptions have an effect on the ruling, such that each person is given his due. What is the indication of this? That the Messenger (peace and blessings be upon him) distinguished between the virgin and the non-virgin, so he gave the virgin seven days and gave the non-virgin three days.
If someone were to say: Why did he not give the virgin more than that?
We say: Because of the harm this would cause to the other wives and the distance from them, and distance from them might lead him to be harsh. And the seven days are the days of what?
The days of the week, and with them his heart is pleased, and his desire is satisfied.
If someone were to say: Why did he not make it five days, for example?
We say: Because less than seven days may not achieve the perfection of the relationship, so the Prophet (peace and blessings be upon him) made the period a full week so that all the days of the week, which are seven, would pass.
Now, among the benefits of this hadith is: That whoever is distinguished from others by a description is given what that description requires, and this is not considered injustice. This is clarified by an example:
If you have children, it is well known that it is obligatory for you to be just between them in gifts, is that not so, my friend?
So if one of them is distinguished by seeking knowledge, or by having many children, or something similar, you may prefer him over them in consideration of the description that he deserves.
And from that also: If one of them is poor, you give him more than you give the rich one to meet his need. Yes.
The obligation of the initial division of time, and when we say "initial," we mean to distinguish it from the continuous division, because the continuous division is the opposite of this; the continuous division is one day with one and one day with the other. Where do we take this from?
From his saying:
It is from the Sunnah that when a man who has a wife marries a virgin, he should spend with her seven nights, and thereafter divide time between them
من السنة إذا تزوج البكر أقام عندها سبعا ثم قسمIf someone were to say: The Companion's statement that it is "from the Sunnah" includes both the obligatory and the recommended, so what makes us interpret it as meaning the obligatory?
The answer to that is: If it were not obligatory for him to stay with her for these seven days, and if it were not required, she would not be lawful to him, because with these seven days there is an inclination toward the new wife, and inclination is forbidden. Is it permissible or not?
It is forbidden, and the forbidden is not made permissible except by an obligation. Write that down. And this is a response to anyone who says: "From the Sunnah" is suitable for both obligation and recommendation, so what makes it interpreted as obligation?
We say: Because this division, if it were not obligatory, would entail an inclination toward the new wife, and inclination is forbidden, and the forbidden is not violated except by an obligation. For this reason, the scholars said:
That circumcision is obligatory, and they argued that it is not possible for a human being to be violated and a part of his limbs or skin to be cut except for an obligation, because transgressing against him in this manner is forbidden, and the forbidden is not made permissible except by an obligation.
Now, among the benefits of this hadith is: The distinction between the virgin and the non-virgin, which is apparent.
And among the benefits of this hadith is: That descriptions have an effect on the ruling, such that each person is given his due. What is the indication of this? That the Messenger (peace and blessings be upon him) distinguished between the virgin and the non-virgin, so he gave the virgin seven days and gave the non-virgin three days.
If someone were to say: Why did he not give the virgin more than that?
We say: Because of the harm this would cause to the other wives and the distance from them, and distance from them might lead him to be harsh. And the seven days are the days of what?
The days of the week, and with them his heart is pleased, and his desire is satisfied.
If someone were to say: Why did he not make it five days, for example?
We say: Because less than seven days may not achieve the perfection of the relationship, so the Prophet (peace and blessings be upon him) made the period a full week so that all the days of the week, which are seven, would pass.
Now, among the benefits of this hadith is: That whoever is distinguished from others by a description is given what that description requires, and this is not considered injustice. This is clarified by an example:
If you have children, it is well known that it is obligatory for you to be just between them in gifts, is that not so, my friend?
So if one of them is distinguished by seeking knowledge, or by having many children, or something similar, you may prefer him over them in consideration of the description that he deserves.
And from that also: If one of them is poor, you give him more than you give the rich one to meet his need. Yes.