Explanation of the Book of Marriage-10
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The Shaykh :" And from Ibn Abbas (may Allah be pleased with them both), he said: Bulugh al-Maram 8:49 It was narrated by Ahmad and the four [imams] except al-Nasa'i, and Ahmad and al-Hakim graded it as authentic.
And from Amr ibn Shu'ayb from his father from his grandfatherBulugh al-Maram 8:50 al-Tirmidhi said: "The hadith of Ibn Abbas has a better chain of narration, but the practice is based on the hadith of Amr ibn Shu'ayb".
The subject of this hadith is when the woman embraces Islam before the husband, or the husband embraces Islam before the woman. If the woman embraces Islam before the husband, and that occurs during the waiting period, meaning the husband embraced Islam during...
Yes, if the wife embraces Islam before her husband, then one waits. If the husband embraces Islam during the waiting period, she is his wife. If the waiting period ends and he has not embraced Islam, it becomes clear that the contract is annulled from the time of her embracing Islam, from the time of her embracing Islam. The evidence for this is the saying of Allah the Exalted:[Al-Mumtahanah 60:10] She has now embraced Islam and her husband is a disbeliever. So when her waiting period expires, the relationship between them is severed and they separate. However, if he embraces Islam before she completes the waiting period, she is his wife and he remains with his marriage to her. Do you understand this rule? Based on this, if there was no consummation and no seclusion, and the wife embraces Islam, the contract is annulled immediately upon her embracing Islam. Why? Because there is no waiting period. For example, a man contracted marriage with a woman while he was a disbeliever and she was a disbeliever, then she embraced Islam before he consummated the marriage and had seclusion with her. Here, the marriage is annulled immediately upon Islam, because there is no waiting period in which to wait for his Islam; rather, the marriage is annulled on the spot. Do you understand? So, if the woman embraces Islam, if that is before consummation and seclusion, answer me: the marriage is annulled immediately upon Islam. And if it is after consummation or seclusion, then one waits. If the husband embraces Islam before the waiting period ends, she is his wife. If he does not embrace Islam until the waiting period expires, the marriage is annulled. Is it clear now? So, she embraced Islam on the first day of the month of Muharram, and consummation or seclusion had occurred. We say: Wait until you menstruate three times. If the husband embraces Islam before you menstruate three times, you are his wife. If you menstruate three times before the husband embraces Islam, the marriage is annulled. No, it is not annulled; rather, it becomes clear that its annulment is from the time of her embracing Islam. This is the opinion of the majority of scholars; this is the opinion of the majority of scholars.
So what if it is the reverse, the husband embraces Islam before the woman embraces Islam, before consummation or seclusion? What do you say, is the marriage annulled?
The student: ...
The Shaykh : No, it is separated. If she is a People of the Book, the contract is not annulled, meaning if she was Jewish or Christian, the contract is not annulled. Why? Because a woman from the People of the Book is lawful for a Muslim, so the marriage is not valid. And if she is not from the People of the Book, the marriage is annulled. This is if it is before consummation and seclusion. But if it is after consummation or seclusion, then we wait. If the wife embraces Islam, yes, and she is not from the People of the Book, if the wife embraces Islam, she is his wife. If she embraces Islam before her waiting period ends, she is his wife. If she does not embrace Islam, it becomes clear that the marriage is annulled from the time her husband embraced Islam. Do you understand now? This is the rule, and this issue is what the majority of scholars chose, or this ruling is what the majority of scholars chose.
And some scholars held that if the woman's waiting period ends before her husband embraces Islam, she has control over herself. So if her husband embraces Islam after the waiting period, she has the choice. - Write this down - The difference between the two opinions is: if the waiting period ends before the husband embraces Islam, according to the first opinion, she has no choice; it becomes clear that the marriage is annulled, and she has no choice, and she cannot return to him except with a new contract. As for the second opinion, she is given the choice when the waiting period ends: if she wishes, she returns to him without a contract; if she wishes, she continues the separation and marries another husband; if she wishes, she marries him with a contract. According to this opinion, she is given the choice among three things: either she returns to her husband without a contract, or she returns to him with a contract, or she does not return to him, neither with a contract nor without one. When is this? After the waiting period ends, after the expiration of the waiting period.
Let us look at the two hadiths mentioned by the author to apply them to the two opinions. He said: And from Ibn Abbas (may Allah be pleased with them both), he said:Bulugh al-Maram 8:49 after six years, meaning the waiting period had expired, and he did not establish a new marriage, meaning he did not renew the contract, but he returned her to her husband without a contract. This hadith supports the second opinion that if the waiting period ends before the husband embraces Islam, she has the choice if she wishes, so she has control over herself. And if she wishes, she returns to her husband with a contract, and if she wishes, she returns to her husband without a contract. For this reason, the Prophet (peace and blessings be upon him) returned his daughter to Abu al-As ibn al-Rabi' without a contract. This is what Shaykh al-Islam Ibn Taymiyyah and Ibn al-Qayyim (may Allah have mercy on them both) chose, in that the end of the waiting period is the dividing line between her having the choice or not having the choice, because if he embraces Islam before the waiting period expires, she has no choice, so she is his wife.
So is it possible for us to know that the two opinions agreed on whether he embraced Islam before the waiting period expired or not? The two opinions agreed on if the husband embraced Islam before the waiting period expired. How did they agree? That she is his wife and she has no right to annul it. And if he embraces Islam after the waiting period ends, according to the first opinion, she is not lawful for him except with a contract, and according to the second opinion, she is given the choice. This is the essence of the disagreement in this issue.
Abu al-As ibn al-Rabi' (may Allah be pleased with him) embraced Islam after six years, and the Prophet (peace and blessings be upon him) returned his daughter Zaynab bint Muhammad (peace and blessings be upon him) to him. This woman, I mean Zaynab, passed away during the time of the Prophet (peace and blessings be upon him), and she had a small daughter who was carried in the arms. So she came while the Prophet (peace and blessings be upon him) was praying with the people in congregation. The Prophet (peace and blessings be upon him) carried her while he was praying with the people: when he stood, he carried her, and when he prostrated, he put her down. Some scholars said: That action was only when her mother died, as if the daughter was crying or something like that, so the Prophet (peace and blessings be upon him) wanted to quiet her. Because the Prophet (peace and blessings be upon him), as we know, was the best of people in character, to the extent that his sons al-Hasan and al-Husayn would come to him while he was prostrating in prayer with the people, and they would ride on his back, and the Prophet (peace and blessings be upon him) would prolong the prostration and apologize to the congregation by saying that his son had ridden him, meaning: he made him a mount for him, as children do now. Children now ride on their fathers and say "up, up," so he made him a mount, and the Prophet (peace and blessings be upon him) wanted to please his heart, may Allah's prayers and peace be upon him.
In any case: This man was praised by the Prophet (peace and blessings be upon him) once with great praise on the pulpit on an occasion where the Messenger was informed that Ali ibn Abi Talib wanted to marry the daughter of Abu Jahl to Fatimah. So he addressed the people and said: And I was informed, or as he said, that the son of Abi Talib wants to marry the daughter of Abu Jahl, and by Allah, the daughter of the Messenger of Allah and the daughter of the enemy of Allah will not be gathered with one man. Then he (may Allah be pleased with him) turned away from the marriage, if it is true that he intended it. Then he praised Abu al-As ibn Abi al-Rabi', because he informed him and he believed him, and he promised him and he fulfilled his promise for him. And this is a merit for Abu al-As (may Allah be pleased with him).
The result is: The Messenger (peace and blessings be upon him) returned his daughter to him with what? With the first contract, and he did not establish a new marriage.
The Prophet (ﷺ) returned his daughter Zainab (RA) to [her husband] Abul-'Aas bin ar-Rabi' (RA) based upon the first marriage, after six years (of separation), and he did not perform a new marriage.
رد النبي صلى الله عليه وسلم ابنته زينب على أبي العاص بن الربيع بعد ست سنين بالنكاح الأول ، ولم يحدث نكاحاًAnd from Amr ibn Shu'ayb from his father from his grandfather
The Prophet (ﷺ) returned his daughter Zainab (RA) to [her husband] Abul-'Aas (RA) by a new marriage.
أن النبي صلى الله عليه وسلم رد ابنته زينب على أبي العاص بن الربيع بنكاح جديدThe subject of this hadith is when the woman embraces Islam before the husband, or the husband embraces Islam before the woman. If the woman embraces Islam before the husband, and that occurs during the waiting period, meaning the husband embraced Islam during...
Yes, if the wife embraces Islam before her husband, then one waits. If the husband embraces Islam during the waiting period, she is his wife. If the waiting period ends and he has not embraced Islam, it becomes clear that the contract is annulled from the time of her embracing Islam, from the time of her embracing Islam. The evidence for this is the saying of Allah the Exalted:
then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them
فلا ترجعوهن إلى الكفار لا هن حل لهم ولا هم يحلون لهنSo what if it is the reverse, the husband embraces Islam before the woman embraces Islam, before consummation or seclusion? What do you say, is the marriage annulled?
The student: ...
The Shaykh : No, it is separated. If she is a People of the Book, the contract is not annulled, meaning if she was Jewish or Christian, the contract is not annulled. Why? Because a woman from the People of the Book is lawful for a Muslim, so the marriage is not valid. And if she is not from the People of the Book, the marriage is annulled. This is if it is before consummation and seclusion. But if it is after consummation or seclusion, then we wait. If the wife embraces Islam, yes, and she is not from the People of the Book, if the wife embraces Islam, she is his wife. If she embraces Islam before her waiting period ends, she is his wife. If she does not embrace Islam, it becomes clear that the marriage is annulled from the time her husband embraced Islam. Do you understand now? This is the rule, and this issue is what the majority of scholars chose, or this ruling is what the majority of scholars chose.
And some scholars held that if the woman's waiting period ends before her husband embraces Islam, she has control over herself. So if her husband embraces Islam after the waiting period, she has the choice. - Write this down - The difference between the two opinions is: if the waiting period ends before the husband embraces Islam, according to the first opinion, she has no choice; it becomes clear that the marriage is annulled, and she has no choice, and she cannot return to him except with a new contract. As for the second opinion, she is given the choice when the waiting period ends: if she wishes, she returns to him without a contract; if she wishes, she continues the separation and marries another husband; if she wishes, she marries him with a contract. According to this opinion, she is given the choice among three things: either she returns to her husband without a contract, or she returns to him with a contract, or she does not return to him, neither with a contract nor without one. When is this? After the waiting period ends, after the expiration of the waiting period.
Let us look at the two hadiths mentioned by the author to apply them to the two opinions. He said: And from Ibn Abbas (may Allah be pleased with them both), he said:
The Prophet (ﷺ) returned his daughter Zainab (RA) to [her husband] Abul-'Aas bin ar-Rabi' (RA) based upon the first marriage, after six years (of separation), and he did not perform a new marriage.
ردّ النبي صلى الله عليه وسلم ابنته زينب على أبي العاص بن الربيع بعد ست سنين بالنكاح الأول، ولم يحدث نكاحاًSo is it possible for us to know that the two opinions agreed on whether he embraced Islam before the waiting period expired or not? The two opinions agreed on if the husband embraced Islam before the waiting period expired. How did they agree? That she is his wife and she has no right to annul it. And if he embraces Islam after the waiting period ends, according to the first opinion, she is not lawful for him except with a contract, and according to the second opinion, she is given the choice. This is the essence of the disagreement in this issue.
Abu al-As ibn al-Rabi' (may Allah be pleased with him) embraced Islam after six years, and the Prophet (peace and blessings be upon him) returned his daughter Zaynab bint Muhammad (peace and blessings be upon him) to him. This woman, I mean Zaynab, passed away during the time of the Prophet (peace and blessings be upon him), and she had a small daughter who was carried in the arms. So she came while the Prophet (peace and blessings be upon him) was praying with the people in congregation. The Prophet (peace and blessings be upon him) carried her while he was praying with the people: when he stood, he carried her, and when he prostrated, he put her down. Some scholars said: That action was only when her mother died, as if the daughter was crying or something like that, so the Prophet (peace and blessings be upon him) wanted to quiet her. Because the Prophet (peace and blessings be upon him), as we know, was the best of people in character, to the extent that his sons al-Hasan and al-Husayn would come to him while he was prostrating in prayer with the people, and they would ride on his back, and the Prophet (peace and blessings be upon him) would prolong the prostration and apologize to the congregation by saying that his son had ridden him, meaning: he made him a mount for him, as children do now. Children now ride on their fathers and say "up, up," so he made him a mount, and the Prophet (peace and blessings be upon him) wanted to please his heart, may Allah's prayers and peace be upon him.
In any case: This man was praised by the Prophet (peace and blessings be upon him) once with great praise on the pulpit on an occasion where the Messenger was informed that Ali ibn Abi Talib wanted to marry the daughter of Abu Jahl to Fatimah. So he addressed the people and said:
Fatimah is a part of me; what bothers her bothers me.
إن فاطمة بضعة مني يريبها ما رابنيThe result is: The Messenger (peace and blessings be upon him) returned his daughter to him with what? With the first contract, and he did not establish a new marriage.