Explanation of the Book of Marriage-11

The Shaykh : Then he said: "And from Abu Hurayrah (may Allah be pleased with him), from the Prophet (peace and blessings be upon him), who said:

He who believes in Allah and the Last Day does not harm is neighbour

من كان يؤمن بالله واليوم الآخر فلا يؤذي جاره

Sahih Muslim 47b

" In my opinion, with the yā', 'let him not harm his neighbor.' If the narration is correct with this, then 'lā' is not a negation.
"

And I advise you to take care of the women, for they are created from a rib and the most crooked portion of the rib is its upper part; if you try to straighten it, it will break, and if you leave it, it will remain crooked, so I urge you to take care of the women.

واستوصوا بالنساء خيرًا، فإنهن خلقن من ضلع، وإن أعوج شيء من الضلع أعلاه، فإن ذهبت تقيمه كسرته، وإن تركته لم يزل أعوج، فاستوصوا بالنساء خيرًا

Sahih al-Bukhari 5185, 5186

Agreed upon, and the wording is al-Bukhari's.
And Muslim has:

Muslim has: "So if you enjoy her you will do so while crookedness remains in her; but if you attempt to straighten her you will break her, and breaking her is divorcing her."

فإن استمتعت بها استمتعت وبها عوج، وإن ذهبت تقيمها كسرتها، وكسرها طلاقها

Bulugh al-Maram 8:59

".

The questioner : ...

The Shaykh : How?

The questioner : ... the rib.

The Shaykh : There are two views on it.
Now, the Prophet (peace and blessings be upon him) says: 'Man' here is conditional, and its answer is .
And his saying: Faith, linguistically, according to most of those who define it, is affirmation (tasdiq). But Shaykh al-Islam Ibn Taymiyyah theorized on this and said: It is not correct for it to mean affirmation, because affirmation does not equal faith in transitivity and necessity. The norm is that a verb does not mean another verb unless it equals it in transitivity and necessity. For this reason, we say 'I affirmed him' (sadaqtuhu) but not 'I believed him' (āmantuhu). So they are different. But one may affirm it and believe in it. And because affirmation is more specific than general affirmation, here is Abu Talib affirming the message of the Prophet (peace and blessings be upon him), saying about himself:
"And you have certainly known that the religion of Muhammad *** is the best of the religions of the land"
And he says:
"And they have certainly known that our son is not a denier *** with us, nor does he mean by his words falsehood"
So he is affirming, and not affirming?
The student: Affirming.

The Shaykh : Affirming, but not one who acknowledges or admits, and for this reason he was not a believer. So it is clear by this that it is not correct for us to say that faith is affirmation, but rather faith is acknowledgment, acknowledgment of Allah.
And his saying: , 'in Allah' is not just by the existence of Allah, but it is the faith that necessitates acceptance and submission. And his saying: is the Day of Resurrection, and it is described as 'the Last' because there is no day after it. So when people are resurrected on that day, there is no day after it. And he coupled faith in Allah and the Last Day, because faith in Allah necessitates action out of desire for what is with Allah, and faith in the Last Day likewise necessitates action out of fear of Allah's punishment and desire for what is with Him. So the Last Day contains the recompense, and faith in Allah contains the exhortation and the stirring of the spirit to work. So the person has two things: the first is a motivator for action, and the second is a deterrent from disobedience, which is faith in the Last Day. For this reason, Allah couples them frequently in the Noble Qur'an.
He said: with the deletion of the yā', on the basis that 'lā' is a prohibitive particle, and with its presence, on the basis that it is a negative particle. And 'adha' (harm) is harm without damage. So if he prohibited harm, then damage is even more so. That is, one should be harmed even by the least of things, even by the smoke of fuel, the fuel of fire, and by sounds and others, any kind of harm.
And his saying: 'his neighbor.' The neighbor is: the one who is near you and close to you. Some scholars defined it as forty houses on each side. And some scholars said: it returns to custom in that, because the hadith that came regarding it is not authentic from the Prophet (peace and blessings be upon him). If it were authentic, it would be decisive, but it was not authentic. And on this basis, it returns to custom, and this is closer. Because if we said: the neighbor is forty houses on each side, especially in our time when you find houses very wide, then half the town would be a neighbor to the person or more. But the criterion is custom.
'Istawsū' means accept the advice. It is said: 'His advice was such, so he accepted it' (istawsā), meaning: he accepted. So his saying: means accept the advice regarding them.
And his saying: means: accept the advice of goodness regarding them, and the one who advised us with it is the Messenger (peace and blessings be upon him).
'For they' is a clause explaining the reason for the ruling, which is the command to accept the advice. He said: , and it is permissible to say 'min dill' and the opening is more famous, from 'dila' (ribs). So what is the rib? The rib is Adam's rib. So when Allah intended to make a wife for Adam (peace be upon him), he slept a sleep, and Allah created her from his left, smaller rib, as it came in the reports, and Allah knows best. But it is established that she was created from a rib.
He said: The top of the rib is the most crooked thing in it, correct?
The student: Yes.

The Shaykh : Touch your ribs.
The student: Correct, it is the most crooked.

The Shaykh : It is the most crooked thing, and the norm is that if it is small, it is also the softest thing. For this reason, the woman does not bear it; she is weak and her nature is crookedness. He said: It is crooked like this. If you try to straighten it, it breaks . So it is not possible to benefit from this rib unless it is crooked, because if you wanted to straighten it, it would break and you would lose it all. Then he repeated the acceptance of the advice in his saying: Agreed upon.
And Muslim has: And this is the meaning of his saying: This is what was added in Muslim's narration to the agreed-upon one, because he clarified the meaning of the breaking intended in the hadith, which is divorce.

The questioner : If we say that the limit returns to the imam, that does not exclude it if the act is forbidden.

The Shaykh : Like what?

The questioner : The hadd for sodomy...

The Shaykh : ... the Rightly Guided Caliphs.

The questioner : The prohibition of its prohibition is established in it.

The Shaykh : And we have in them an example, perhaps they saw that this is more effective in punishment.

The questioner : Shaykh?

The Shaykh : Yes.

The questioner : May Allah reward you. Some of them mentioned that the Isra'iliyyat establish even rulings.

The Shaykh : What?