Benefits of the Hadith: (The Messenger of Allah (peace and blessings be upon him) used to draw lots between his wives when he intended to travel...)
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The Shaykh : In this hadith, there are several benefits:
First: Among the benefits of this hadith is the perfection of the justice of the Prophet (peace and blessings be upon him). The aspect of this is that he would not travel until he drew lots between them. Otherwise, it is permissible for him to choose one and say, "You will go with me," selecting the young one, the light one, or something similar, and she would go with him. But because of the perfection of his justice, he draws lots.
And among them: That drawing lots is a legislated means for establishing the right of the one entitled to it. What is its evidence?
The usage of the Prophet (peace and blessings be upon him) of it. It is established in the Qur'an in two places and in the Sunnah in six places as a means for establishing the right of the one entitled to it:
In the Qur'an, in the story of Maryam:[Ali 'Imran 3:44], and in the story of Yunus: [As-Saffat 37:140-141]: the fully loaded ship. They had feared for their lives and said, "If we all remain in the ship, we will all drown, but if some of us go down, the rest will be saved." There is no doubt that saving some is better than the destruction of all. So, who should we send down? Someone might say, "We should send down the heavy, large-bodied man, because one heavy, large-bodied man is equivalent to ten small ones. If we send down one, ten small ones remain in his place. For example, we send down the large one." Another said, "No, we should send down the older man, because he is closer to death than the young man. His days are waning, while the young man is in the prime of his life." The second said, "We should send down the foolish one so that we may rest from him and he may rest." Each one brought a reason. We say: None of this is to be done, because the killing of a soul is equal in the case of the ignorant and the knowledgeable, the foolish and the sensible, the insane and the sane. The blood money of the insane is like the blood money of the sane, is it not? So, we have no way but drawing lots. Therefore, they drew lots: [As-Saffat 37:141]
In the Sunnah, there are six places, and this is one of them. We assigned one of the students to bring the rest, but the trace of them has been lost. Yes, this hadith is one of them:Sahih al-Bukhari 2593 So, drawing lots is a means for establishing the right of the one entitled to it. Is it a legislated means or a customary one? It is a legislated means, but equality is a condition. If there is a factor that gives one side an advantage, there is no drawing of lots; rather, we take the stronger position. Because if there is a factor that gives one side an advantage, the matter becomes gambling. An example of that is:
We have food between us amounting to one hundred sa' (a dry measure of about 3 kg). We divided it into sixty sa' and forty sa', and then we wanted to draw lots. The drawing of lots here is forbidden (haram), because one of us will either be a gainer or a loser. The food between us is in two halves, and it is one hundred sa'. We divided it into sixty and forty and said we would draw lots. This is not permissible. Why?
Because it is gambling. If the lot comes out for me with the sixty sa', I become a gainer. How much do I gain?
Ten.
The student: Twenty!
The Shaykh : Ten, my brothers. My right was fifty in the original. Ten.
And if the lot comes out for me with the forty, I lose ten. So, this is not permissible. But we divide it into two halves and then draw lots. Do you understand? Good.
Is this case to be applied by analogy to similar rights?
The answer: Yes. Ibn Rajab (may Allah have mercy on him) mentioned in the end of *Al-Qawa'id al-Fiqhiyyah* (The Jurisprudential Maxims) when drawing lots is to be done, and he mentioned all the issues of drawing lots that the jurists mentioned, from the beginning of purification to the end of acknowledgment. If you wish to look into it, it is beneficial.
The student: What is the name of the book?
The Shaykh : Yes?
The student: The reference?
The Shaykh : Ibn Rajab's maxims, the maxims of Ibn Rajab. Good.
And among the benefits of this hadith: If the lot comes out for one of the wives, he does not grant the right to the one who was drawn for this trip. Yes, this is the correct view, and this is the benefit of drawing lots. The benefit of drawing lots is not that he grants the right to this one for this period and then grants the right to the others, because this may cause harm to the one who was drawn. So, if the lot comes out for her, he does not draw lots again for her.
Good. And is the lot drawn a second time if he intends another trip, or do we say: The one who was drawn in the first trip has no share in the drawing of lots in the second trip?
The student: The second.
The Shaykh : Are you understanding now? I mean, he draws lots between his wives in the first trip, and the lot comes out for one of them. In the second trip, does he draw lots between all of them, or does he draw lots between those who were drawn in the first trip?
The student: The second.
The Shaykh : The apparent meaning of the hadithSahih al-Bukhari 2593 is that he draws lots between all of them. This is problematic because the lot may come out in the second trip for whom?
For the first one who was drawn, and perhaps in the third as well, and in the fourth. In that case, the travel is repeated with one woman, while the others are deprived. This is an issue that requires consideration and reflection until the next lesson, if Allah wills. Remember us with it.
Yes, its benefits. And there is something pending among its benefits, which is?
The student: Do we draw lots again with the one who was drawn in the first trip, or do we not include her in the subsequent trips?
The Shaykh : Yes. If the lot comes out for one and she goes with him, is that for every trip?
The answer: No, it is for this trip only. But when he draws lots again in another trip, does the first one participate or not?
The apparent view is that she does not participate, because she has already taken her right. And because the lot may come out for her in the second time and in the third time, which would be an injustice. And perhaps the one who draws the lot or the one who casts the lot would be accused. He would be accused if the lot comes out for a specific woman every time. In any case, we say: The one whose lot comes out first, the lot is not drawn for her a second time, until it has gone through all of them. So, how many times is the lot drawn based on the fact that a man does not marry more than four?
The student: Three.
The Shaykh : Three times after the first one, or with the first one?
The student: With the first one.
The Shaykh : With the first one? Why?
Because the last one, the fourth, does not need the lot. The last one does not need the lot.
Good. We mentioned that drawing lots was mentioned in the Sunnah in six places, and we asked you to bring these places, but they were not brought. From whom?
The student: From me.
The Shaykh : Good. Did you bring them now?
The student: With the hadith that is being discussed.
The Shaykh : Five.
The student: They are found in *Al-Turuq al-Hukmiyyah* (The Lawful Means).
The Shaykh : They are found in *Al-Turuq al-Hukmiyyah* and also in *Zad al-Ma'ad* (Provision for the Hereafter), but we want you to bring them here for the benefit.
The student: I have them, O Shaykh.
The Shaykh : Do you have them with you?
The student: Yes.
The Shaykh : Give them to me. No, take them, Abu Hasan, because you are close.
First: Among the benefits of this hadith is the perfection of the justice of the Prophet (peace and blessings be upon him). The aspect of this is that he would not travel until he drew lots between them. Otherwise, it is permissible for him to choose one and say, "You will go with me," selecting the young one, the light one, or something similar, and she would go with him. But because of the perfection of his justice, he draws lots.
And among them: That drawing lots is a legislated means for establishing the right of the one entitled to it. What is its evidence?
The usage of the Prophet (peace and blessings be upon him) of it. It is established in the Qur'an in two places and in the Sunnah in six places as a means for establishing the right of the one entitled to it:
In the Qur'an, in the story of Maryam:
And you were not with them when they cast their pens as to which of them should be responsible for Mary. Nor were you with them when they disputed.
وما كنت لديهم إذ يلقون أقلامهم أيهم يكفل مريم وما كنت لديهم إذ يختصمون(140) [Mention] when he ran away to the laden ship. (141) And he drew lots and was among the losers.
إذ أبق إلى الفلك المشحون فساهم فكان من المدحضينAnd he drew lots and was among the losers.
ساهم فكان من المدحضينIn the Sunnah, there are six places, and this is one of them. We assigned one of the students to bring the rest, but the trace of them has been lost. Yes, this hadith is one of them:
Whenever Allah's Messenger (ﷺ) wanted to go on a journey, he would draw lots as to which of his wives
كان إذا أراد سفرا أقرع بين نسائهWe have food between us amounting to one hundred sa' (a dry measure of about 3 kg). We divided it into sixty sa' and forty sa', and then we wanted to draw lots. The drawing of lots here is forbidden (haram), because one of us will either be a gainer or a loser. The food between us is in two halves, and it is one hundred sa'. We divided it into sixty and forty and said we would draw lots. This is not permissible. Why?
Because it is gambling. If the lot comes out for me with the sixty sa', I become a gainer. How much do I gain?
Ten.
The student: Twenty!
The Shaykh : Ten, my brothers. My right was fifty in the original. Ten.
And if the lot comes out for me with the forty, I lose ten. So, this is not permissible. But we divide it into two halves and then draw lots. Do you understand? Good.
Is this case to be applied by analogy to similar rights?
The answer: Yes. Ibn Rajab (may Allah have mercy on him) mentioned in the end of *Al-Qawa'id al-Fiqhiyyah* (The Jurisprudential Maxims) when drawing lots is to be done, and he mentioned all the issues of drawing lots that the jurists mentioned, from the beginning of purification to the end of acknowledgment. If you wish to look into it, it is beneficial.
The student: What is the name of the book?
The Shaykh : Yes?
The student: The reference?
The Shaykh : Ibn Rajab's maxims, the maxims of Ibn Rajab. Good.
And among the benefits of this hadith: If the lot comes out for one of the wives, he does not grant the right to the one who was drawn for this trip. Yes, this is the correct view, and this is the benefit of drawing lots. The benefit of drawing lots is not that he grants the right to this one for this period and then grants the right to the others, because this may cause harm to the one who was drawn. So, if the lot comes out for her, he does not draw lots again for her.
Good. And is the lot drawn a second time if he intends another trip, or do we say: The one who was drawn in the first trip has no share in the drawing of lots in the second trip?
The student: The second.
The Shaykh : Are you understanding now? I mean, he draws lots between his wives in the first trip, and the lot comes out for one of them. In the second trip, does he draw lots between all of them, or does he draw lots between those who were drawn in the first trip?
The student: The second.
The Shaykh : The apparent meaning of the hadith
Whenever Allah's Messenger (ﷺ) wanted to go on a journey, he would draw lots as to which of his wives
إذا أراد سفرا أقرع بين نسائهFor the first one who was drawn, and perhaps in the third as well, and in the fourth. In that case, the travel is repeated with one woman, while the others are deprived. This is an issue that requires consideration and reflection until the next lesson, if Allah wills. Remember us with it.
Yes, its benefits. And there is something pending among its benefits, which is?
The student: Do we draw lots again with the one who was drawn in the first trip, or do we not include her in the subsequent trips?
The Shaykh : Yes. If the lot comes out for one and she goes with him, is that for every trip?
The answer: No, it is for this trip only. But when he draws lots again in another trip, does the first one participate or not?
The apparent view is that she does not participate, because she has already taken her right. And because the lot may come out for her in the second time and in the third time, which would be an injustice. And perhaps the one who draws the lot or the one who casts the lot would be accused. He would be accused if the lot comes out for a specific woman every time. In any case, we say: The one whose lot comes out first, the lot is not drawn for her a second time, until it has gone through all of them. So, how many times is the lot drawn based on the fact that a man does not marry more than four?
The student: Three.
The Shaykh : Three times after the first one, or with the first one?
The student: With the first one.
The Shaykh : With the first one? Why?
Because the last one, the fourth, does not need the lot. The last one does not need the lot.
Good. We mentioned that drawing lots was mentioned in the Sunnah in six places, and we asked you to bring these places, but they were not brought. From whom?
The student: From me.
The Shaykh : Good. Did you bring them now?
The student: With the hadith that is being discussed.
The Shaykh : Five.
The student: They are found in *Al-Turuq al-Hukmiyyah* (The Lawful Means).
The Shaykh : They are found in *Al-Turuq al-Hukmiyyah* and also in *Zad al-Ma'ad* (Provision for the Hereafter), but we want you to bring them here for the benefit.
The student: I have them, O Shaykh.
The Shaykh : Do you have them with you?
The student: Yes.
The Shaykh : Give them to me. No, take them, Abu Hasan, because you are close.