Does a man prevent the guidance of one who had intercourse with his wife while she was pregnant or nursing, out of fear of illicit intercourse, as mentioned in the hadith?
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The Shaykh: Oh Allah, let me have my turn, let 'Abd al-'Abd's mother and 'Abd al-'Abd's father let us finish our talk, where did we get to?
The student: He is speaking.
The Shaykh: You are speaking.
The questioner: Is it about illicit intercourse?!
The Shaykh: No, there is no contradiction.
The student : .
The Shaykh: Because the hadith, first of all, what you are saying is very clear that it is not revelation.
The questioner: Yes.
The Shaykh: Rather, it is his ijtihad (independent legal reasoning), so this ijtihad changes, just as the ijtihad of any person who performs ijtihad and is qualified for it changes. After that, the same ruling he arrived at may be subject to the possibility that it was revealed, which removes the possibility that was included in the first hadith, or that it is also derived from ijtihad based on what he said here, so he leaves it to the end. So there is no contradiction. Where is its place, with you or with me? Is the answer clear?
The questioner: My Shaykh, the situation is the situation.
The Shaykh : How?
The questioner: I say, in the completion of the research, because there was a hadith between me...
The Shaykh : Yes.
The questioner: That the man's situation regarding the woman is either that she is nursing or that she is pregnant!!
The Shaykh: Either that she is?
The questioner: Nursing or pregnant, so here he does not come to her.
The Shaykh: What woman?
The questioner: Any woman, meaning any man and any woman!
The Shaykh: Okay, then what?
The questioner: So here the hadith guides that the man does not come to his wife, because his concern is that he may be weak in strength and not have it.
The Shaykh: Yes.
The questioner: Meaning that firmness in his body.
The Shaykh : Yes.
The questioner: So he says, regarding the intercourse of men and women, the woman is either pregnant or nursing, so he does not come to her during this pregnancy or nursing.
The Shaykh: How does he have intercourse, either pregnant or nursing?
The questioner: All women, my Shaykh, either she is nursing, meaning she has a child, or if she has completed nursing, a new pregnancy comes to her.
The Shaykh : And peace be upon you.
The questioner : And upon you be peace, and the mercy of Allah and His blessings.
The student: Meaning, the intent of our Shaykh is: Does this hadith guide that the man does not come to his wife while she is pregnant or while she is nursing, because of the fear that it will affect her milk and harm the child?
The Shaykh: Yes, that is it.
The questioner: This is the intended meaning.
The student: So I say that it will become a long period where the man does not come to his wife!!
The Shaykh: No, 'azl (coitus interruptus) is possible here.
The questioner : Yes.
The Shaykh : Yes.
The questioner: 'Azl?
The Shaykh: It is known.
The questioner : Yes.
The Shaykh: And then, is it now clear that it does not convey the meaning of obligation that would put its doer in sin, but rather it is guidance!!
The questioner: Guidance, yes.
The Shaykh : Yes.
The questioner: Yes, it is guidance, but it is very important guidance, such that every one of us loves for his child to be strong and firm!!
The Shaykh: We did not differ, but the fiqh (Islamic jurisprudence) problem is...
The questioner: Yes.
The Shaykh: The one you are going around and around with.
The questioner: Yes.
The Shaykh: It is not applicable because this would be if it were a Sharia (Islamic sacred law) ruling.
The questioner: Mandatory.
The Shaykh: Strict.
The questioner : Yes, exactly.
The Shaykh : Yes.
The questioner: Then, my Shaykh, it seems that in the completion of the research, resorting to medicine, I heard and do not know the accuracy of this matter, it needs us to review it with the doctor, our brother Dr. 'Isam.
The Shaykh : Yes.
The questioner: That it seems that intercourse regarding the issue of pregnancy in certain months, on certain days of the month, is what it is in!!
The Shaykh: It may be that experience indicated what the hadith itself indicated.
The questioner: Yes.
The Shaykh: The hadith itself is all about experience.
The questioner: About experience, yes.
The Shaykh : Yes.
The student: He is speaking.
The Shaykh: You are speaking.
The questioner: Is it about illicit intercourse?!
The Shaykh: No, there is no contradiction.
The student :
I saw a horse
رأيت فارسThe Shaykh: Because the hadith, first of all, what you are saying is very clear that it is not revelation.
The questioner: Yes.
The Shaykh: Rather, it is his ijtihad (independent legal reasoning), so this ijtihad changes, just as the ijtihad of any person who performs ijtihad and is qualified for it changes. After that, the same ruling he arrived at may be subject to the possibility that it was revealed, which removes the possibility that was included in the first hadith, or that it is also derived from ijtihad based on what he said here, so he leaves it to the end. So there is no contradiction. Where is its place, with you or with me? Is the answer clear?
The questioner: My Shaykh, the situation is the situation.
The Shaykh : How?
The questioner: I say, in the completion of the research, because there was a hadith between me...
The Shaykh : Yes.
The questioner: That the man's situation regarding the woman is either that she is nursing or that she is pregnant!!
The Shaykh: Either that she is?
The questioner: Nursing or pregnant, so here he does not come to her.
The Shaykh: What woman?
The questioner: Any woman, meaning any man and any woman!
The Shaykh: Okay, then what?
The questioner: So here the hadith guides that the man does not come to his wife, because his concern is that he may be weak in strength and not have it.
The Shaykh: Yes.
The questioner: Meaning that firmness in his body.
The Shaykh : Yes.
The questioner: So he says, regarding the intercourse of men and women, the woman is either pregnant or nursing, so he does not come to her during this pregnancy or nursing.
The Shaykh: How does he have intercourse, either pregnant or nursing?
The questioner: All women, my Shaykh, either she is nursing, meaning she has a child, or if she has completed nursing, a new pregnancy comes to her.
The Shaykh : And peace be upon you.
The questioner : And upon you be peace, and the mercy of Allah and His blessings.
The student: Meaning, the intent of our Shaykh is: Does this hadith guide that the man does not come to his wife while she is pregnant or while she is nursing, because of the fear that it will affect her milk and harm the child?
The Shaykh: Yes, that is it.
The questioner: This is the intended meaning.
The student: So I say that it will become a long period where the man does not come to his wife!!
The Shaykh: No, 'azl (coitus interruptus) is possible here.
The questioner : Yes.
The Shaykh : Yes.
The questioner: 'Azl?
The Shaykh: It is known.
The questioner : Yes.
The Shaykh: And then, is it now clear that it does not convey the meaning of obligation that would put its doer in sin, but rather it is guidance!!
The questioner: Guidance, yes.
The Shaykh : Yes.
The questioner: Yes, it is guidance, but it is very important guidance, such that every one of us loves for his child to be strong and firm!!
The Shaykh: We did not differ, but the fiqh (Islamic jurisprudence) problem is...
The questioner: Yes.
The Shaykh: The one you are going around and around with.
The questioner: Yes.
The Shaykh: It is not applicable because this would be if it were a Sharia (Islamic sacred law) ruling.
The questioner: Mandatory.
The Shaykh: Strict.
The questioner : Yes, exactly.
The Shaykh : Yes.
The questioner: Then, my Shaykh, it seems that in the completion of the research, resorting to medicine, I heard and do not know the accuracy of this matter, it needs us to review it with the doctor, our brother Dr. 'Isam.
The Shaykh : Yes.
The questioner: That it seems that intercourse regarding the issue of pregnancy in certain months, on certain days of the month, is what it is in!!
The Shaykh: It may be that experience indicated what the hadith itself indicated.
The questioner: Yes.
The Shaykh: The hadith itself is all about experience.
The questioner: About experience, yes.
The Shaykh : Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.