Benefits of the Hadith: (What is the right of one of our wives over him? . . .)
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The Shaykh : Among the benefits of this hadith is the eagerness of the Companions (may Allah be pleased with them) to know what is their duty and what are their rights, as indicated by his saying: Bulugh al-Maram 8:63.
And among the benefits of this hadith is that it is obligatory for a man to spend on his wife in food and clothing, as indicated by his saying:Bulugh al-Maram 8:63.
And among its benefits is that financial maintenance is according to one's wealth, as indicated by his saying:. And this is indicated by the saying of Allah the Exalted: [At-Talaq 65:7]. "Qudira" means it was restricted for him, because the meaning is known by its opposite. So when He says "one who has abundance," we understand that one for whom it was restricted is one who is limited.
Now, if someone were to ask: If a husband becomes unable to pay after having been wealthy, does the wife have the right to demand maintenance or to annul the marriage, meaning to annul the marriage contract?
The answer to that is that there are two opinions among the scholars:
The first opinion is that she has the right to seek annulment because he did not fulfill what is obligatory upon him.
The second opinion is that she does not have the right to that, because this is something beyond his control, and the generality of the saying of Allah the Exalted:[At-Talaq 65:7], indicates that one to whom Allah has not given anything is not burdened with what he does not have. There is back-and-forth and discussion among the scholars regarding this issue, and mention of it will come, if Allah wills, in the chapter on financial maintenance in a broader manner.
And among the benefits of this hadith is the prohibition of striking the face, as indicated by his saying:.
And among its benefits is the permissibility of striking other than the face, because the explicit text of the hadith is the prohibition of striking the face, and its implication is the permissibility of striking the face!
The student: No, other than the face.
The Shaykh : The permissibility of striking other than the face.
Now, if someone were to ask: Is a person free to strike his wife whenever he wishes?
We say: No, rather he does not strike her except for a reason. And Allah the Exalted has clarified the levels of discipline in His saying:[An-Nisa 4:34]. So if striking is permissible due to the existence of a reason for permissibility, then he does not strike the face.
Among the benefits of this hadith is the honoring of the face such that it is not struck, not disfigured, and not spit upon, for example. So if someone were to spit on a person's face, he would become angry. And if he were to spit on his head covering from behind, yes, that would be minor, and he might even pray for him, saying: "This cleans the head covering," for example. In any case, the matter is different if someone did that to your face; you would never leave it alone except if you feared a greater evil.
Among the benefits of this hadith is the prohibition of verbal and physical disfigurement, as indicated by his saying:.
And let it be known that the original ruling in prohibition is that it is forbidden, but sometimes it is intended as guidance, and sometimes it is intended as a recommended practice, according to what the circumstances and conditions require.
And among the benefits of this hadith is the prohibition of boycotting, as indicated by his saying:Sunan Abi Dawud 2142Hasan Sahih (Al-Albani). The prohibition of boycotting applies outside the home, and it is permissible inside the home, but it is not permissible except for a reason.
Then, boycotting in speech should not exceed three days, as the Prophet (peace and blessings be upon him) said:Sahih Muslim 2560a.
And among the benefits of this hadith is the clarification of the comprehensiveness of the Islamic Shari'ah, and that it did not leave anything that benefits people in their worldly life and their hereafter without explaining it. Sometimes this is due to a questioner's question or the occurrence of an incident by which the ruling becomes clear, and sometimes that is without a cause, where the Prophet (peace and blessings be upon him) initiates the ruling without there being a cause for it.
O Messenger of Allah, what are the rights of a wife of one of us on her husband?
يا رسول الله ما حق زوج أحدنا عليهAnd among the benefits of this hadith is that it is obligatory for a man to spend on his wife in food and clothing, as indicated by his saying:
You should give her food when you eat, clothe her when you clothe yourself
تطعمها إذا أكلت وتكسوها إذا اكتسيتAnd among its benefits is that financial maintenance is according to one's wealth, as indicated by his saying:
Feed her when you eat and clothe her when you are clothed.
تطعمها إذا أكلت تكسوها إذا اكتسيتLet a man of wealth spend from his wealth, and he whose provision is restricted - let him spend from what Allah has given him
لينفق ذو سعة من سَعته ومن قدر عليه رزقه فلينفق مما أتاه اللهNow, if someone were to ask: If a husband becomes unable to pay after having been wealthy, does the wife have the right to demand maintenance or to annul the marriage, meaning to annul the marriage contract?
The answer to that is that there are two opinions among the scholars:
The first opinion is that she has the right to seek annulment because he did not fulfill what is obligatory upon him.
The second opinion is that she does not have the right to that, because this is something beyond his control, and the generality of the saying of Allah the Exalted:
Allah does not charge a soul except [according to] what He has given it.
لا يكلف الله نفساً إلا ما أتاهاAnd among the benefits of this hadith is the prohibition of striking the face, as indicated by his saying:
And do not strike the face.
ولا تضرب الوجهAnd among its benefits is the permissibility of striking other than the face, because the explicit text of the hadith is the prohibition of striking the face, and its implication is the permissibility of striking the face!
The student: No, other than the face.
The Shaykh : The permissibility of striking other than the face.
Now, if someone were to ask: Is a person free to strike his wife whenever he wishes?
We say: No, rather he does not strike her except for a reason. And Allah the Exalted has clarified the levels of discipline in His saying:
But those [wives] from whom you fear arrogance - [first] advise them; [then if they persist], forsake them in bed; and [finally], strike them
واللاتي تخافون نشوزهن فعظوهن واهجروهن في المضاجع واضربوهنAmong the benefits of this hadith is the honoring of the face such that it is not struck, not disfigured, and not spit upon, for example. So if someone were to spit on a person's face, he would become angry. And if he were to spit on his head covering from behind, yes, that would be minor, and he might even pray for him, saying: "This cleans the head covering," for example. In any case, the matter is different if someone did that to your face; you would never leave it alone except if you feared a greater evil.
Among the benefits of this hadith is the prohibition of verbal and physical disfigurement, as indicated by his saying:
And do not disfigure.
ولا تقبحAnd let it be known that the original ruling in prohibition is that it is forbidden, but sometimes it is intended as guidance, and sometimes it is intended as a recommended practice, according to what the circumstances and conditions require.
And among the benefits of this hadith is the prohibition of boycotting, as indicated by his saying:
or separate yourself from her except in the house
ولا تهجر إلا في البيتThen, boycotting in speech should not exceed three days, as the Prophet (peace and blessings be upon him) said:
It is not permissible for a Muslim to have estranged relations with his brother beyond three nights, the one turning one way and the other turning the other way when they meet; the better of the two is one who is the first to give a greeting.
لا يحل لمؤمن أن يهجر أخاه فوق ثلاث، يلتقيان فيعرض هذا ويعرض هذا وخيرهما الذي يبدأ بالسلامAnd among the benefits of this hadith is the clarification of the comprehensiveness of the Islamic Shari'ah, and that it did not leave anything that benefits people in their worldly life and their hereafter without explaining it. Sometimes this is due to a questioner's question or the occurrence of an incident by which the ruling becomes clear, and sometimes that is without a cause, where the Prophet (peace and blessings be upon him) initiates the ruling without there being a cause for it.
