The Ruling on a Woman Veiling Herself from Her Paternal Cousin
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Question:
If a woman has a paternal cousin who is fifteen years old, is it obligatory for her to veil herself from him, or not?
Answer:
Yes, when the child reaches fifteen years of age; it is obligatory for a woman who is not a mahram (a relative one may not marry) to him to observe hijab (the covering prescribed for women), and it is obligatory for him to ask for permission, as Allah (Mighty and Majestic) said in Surat al-Nur: [al-Nur:59].
This indicates that before that age, it is not obligatory for them to ask for permission except in the three private parts, as in the other verses.
The conclusion is: if he reaches fifteen years of age, or if he experiences a wet dream, even before that age, by seeing in his dream that he had intercourse with a woman and ejaculated semen, or if he ejaculated without intercourse because his desire was aroused and he ejaculated, even while awake; then by this, he has reached puberty, even if he is less than fifteen years old. Likewise, if he grows coarse hair around the private parts, he reaches puberty by that.
Therefore, a woman should be cautious and cover herself and veil herself from the adolescent; because the adolescent may have reached puberty by age, or by a wet dream and ejaculation, or by the growth of hair. If she knows that he has completed fifteen years of age, then this is a man from whom it is necessary to veil oneself, from every woman who is not a mahram to him, even if she is his paternal cousin, maternal cousin, or the daughter of his aunt, or the like; due to the saying of Allah (Mighty and Majestic) in the other verse: [al-Ahzab:53] and His saying (Exalted is He): [al-Ahzab:59] The jilbab is what is placed over the head and over the body, covering the woman's face and her extremities.
And because of His saying (Mighty and Majestic) also in Surat al-Nur: [al-Nur:31]... the verse, and al-ba'ulah are the husbands; and because it is established in the two Sahihs (al-Bukhari and Muslim) from A'ishah (may Allah be pleased with her) that she mentioned, when she heard the voice of Safwan ibn al-Mu'attal calling out "Has Allah not taken revenge?" when she was left behind in some of the expeditions, she said: "He recognized me; so he called out, and that is because he had seen me before the hijab (the covering prescribed for women); so when I heard his voice, I covered my face."
This indicates that after the hijab, after the revelation of the verse of the hijab, they were commanded to cover their faces, meaning: the women were commanded to cover their faces, and this was in the expedition of the slander in which Aisha was left behind from the expedition when she went to relieve herself, so those who were unloading the camels came and unloaded her howdah, thinking she was in the howdah because of her lightness, so when she came and did not find them, she lay down in her place, and she knew that they would return to her.
When Safwan al-Mu'attal saw her, he recited the phrase "To Allah we belong and to Him we return" when he saw her, and he mounted her on his mount, and he led it until he delivered her to the army, and she said at that time that when she heard his voice, she covered her face, and he had seen her before the hijab; so he recognized her, and this indicates that the women were commanded after the hijab to cover their faces.
And as for the hadith of Asma bint Abi Bakr, which Aisha (may Allah be pleased with her), her sister, narrated in what Abu Dawud narrated in his Sunan from the path of Aisha (may Allah be pleased with her) This hadith has been relied upon by some people in facilitating the uncovering of the face for women, and this is a great error and a clear mistake; because this hadith is very weak from many aspects, and because the uncovering of a woman's face is one of the causes of fitnah and danger; because her adornment is in her face and her title is in her face, in ugliness and beauty.
And this hadith, as mentioned before, is weak from aspects: among them: that it is munqati' (disconnected) between Aisha and the narrator from her, for the narrator from her is Khalid ibn Daryak, and he did not hear from her, as Abu Dawud and others said, and the munqati' hadith is considered weak and not a proof.
The second aspect: that it is from the narration of Qatadah from Khalid with the 'an'ana (indirect narration), and Qatadah is a mudallis (one who conceals defects), and his narration with the 'an'ana is weak, like the other known mudallisin who conceal defects when they do not explicitly state hearing: like Ibn Ishaq and other mudallisin, for their narration is considered weak until they explicitly state hearing, except for what is in the two Sahihs, for what the two Shaykhs narrated is acceptable; because they investigated the hadiths of the mudallisin and narrated from them what was authentic with them and established with them regarding hearing.
And there is a third aspect that weakens the hadith also: which is that it is from the narration of Sa'id ibn Bashir, and he is weak in narration and not relied upon as a proof.
And there is a fourth aspect: which is that even if it were authentic, it would be possible that it was before the revelation of the verse of the hijab, and what is possible is not relied upon as a proof; because the verse of the hijab indicated the obligation of covering and hijab, so if it were authentic, it would be understood that this was before the hijab, for the women used to uncover their faces and hands before the hijab, so when the hijab was revealed, they were prohibited from that.
And there is a fifth aspect: which is that it is unlikely that this would happen from Asma, the matn (text) is munkar (denounced), the matn in itself is denounced; because it is unlikely that something like this would happen from Asma with her virtue, her knowledge, and her high status, and her being the wife of al-Zubayr ibn al-Awwam, the companion of the Messenger (peace and blessings be upon him) (may Allah have mercy on him) , it is unlikely that this matter would be hidden from her, and it is unlikely that she would enter upon the Prophet (peace and blessings be upon him) in thin garments, for this is not fitting for her like, and it is not thought of her like, so it is denounced from this perspective.
So five aspects have gathered in its weakening, all of which indicate its weakness, and that it is not permissible to rely upon it in permitting the uncovering for women, and Allah is the Helper.
If a woman has a paternal cousin who is fifteen years old, is it obligatory for her to veil herself from him, or not?
Answer:
Yes, when the child reaches fifteen years of age; it is obligatory for a woman who is not a mahram (a relative one may not marry) to him to observe hijab (the covering prescribed for women), and it is obligatory for him to ask for permission, as Allah (Mighty and Majestic) said in Surat al-Nur:
And when the children among you reach puberty, let them ask permission [at all times] as those before them have done
وَإِذَا بَلَغَ الأَطْفَالُ مِنْكُمُ الْحُلُمَ فَلْيَسْتَأْذِنُوا كَمَا اسْتَأْذَنَ الَّذِينَ مِنْ قَبْلِهِمْThis indicates that before that age, it is not obligatory for them to ask for permission except in the three private parts, as in the other verses.
The conclusion is: if he reaches fifteen years of age, or if he experiences a wet dream, even before that age, by seeing in his dream that he had intercourse with a woman and ejaculated semen, or if he ejaculated without intercourse because his desire was aroused and he ejaculated, even while awake; then by this, he has reached puberty, even if he is less than fifteen years old. Likewise, if he grows coarse hair around the private parts, he reaches puberty by that.
Therefore, a woman should be cautious and cover herself and veil herself from the adolescent; because the adolescent may have reached puberty by age, or by a wet dream and ejaculation, or by the growth of hair. If she knows that he has completed fifteen years of age, then this is a man from whom it is necessary to veil oneself, from every woman who is not a mahram to him, even if she is his paternal cousin, maternal cousin, or the daughter of his aunt, or the like; due to the saying of Allah (Mighty and Majestic) in the other verse:
And when you ask [his wives] for something, ask them from behind a partition. That is purer for your hearts and their hearts.
إِذَا سَأَلْتُمُوهُنَّ مَتَاعًا فَاسْأَلُوهُنَّ مِنْ وَرَاءِ حِجَابٍ ذَلِكُمْ أَطْهَرُ لِقُلُوبِكُمْ وَقُلُوبِهِنَّO Prophet, tell your wives and your daughters and the women of the believers to bring down over themselves [part] of their outer garments. That is more suitable that they will be known and not be abused
يا أَيُّهَا النَّبِيُّ قُلْ لِأَزْوَاجِكَ وَبَنَاتِكَ وَنِسَاءِ الْمُؤْمِنِينَ يُدْنِينَ عَلَيْهِنَّ مِنْ جَلابِيبِهِنَّ ذَلِكَ أَدْنَى أَنْ يُعْرَفْنَ فَلا يُؤْذَيْنَAnd because of His saying (Mighty and Majestic) also in Surat al-Nur:
not expose their adornment except to their husbands, their fathers, their husbands' fathers
لا يُبْدِينَ زِينَتَهُنَّ إِلَّا لِبُعُولَتِهِنَّ أَوْ آبَائِهِنَّ أَوْ آبَاءِ بُعُولَتِهِنَّThis indicates that after the hijab, after the revelation of the verse of the hijab, they were commanded to cover their faces, meaning: the women were commanded to cover their faces, and this was in the expedition of the slander in which Aisha was left behind from the expedition when she went to relieve herself, so those who were unloading the camels came and unloaded her howdah, thinking she was in the howdah because of her lightness, so when she came and did not find them, she lay down in her place, and she knew that they would return to her.
When Safwan al-Mu'attal saw her, he recited the phrase "To Allah we belong and to Him we return" when he saw her, and he mounted her on his mount, and he led it until he delivered her to the army, and she said at that time that when she heard his voice, she covered her face, and he had seen her before the hijab; so he recognized her, and this indicates that the women were commanded after the hijab to cover their faces.
And as for the hadith of Asma bint Abi Bakr, which Aisha (may Allah be pleased with her), her sister, narrated in what Abu Dawud narrated in his Sunan from the path of Aisha (may Allah be pleased with her)
That Asma bint Abi Bakr entered upon the Prophet (peace and blessings be upon him) in the house of Aisha, and she was wearing thin garments, so when the Prophet (peace and blessings be upon him) saw her, he turned away from her and said: O Asma, when a woman reaches the age of menstruation, it is not fitting that anyone should see of her except this and this, and he pointed to his face and his two hands.
أن أسماء بنت أبي بكر دخلت على النبي ﷺ في بيت عائشة وعليها ثياب رقاق، فلما رآها النبي ﷺ أعرض عنها وقال: يا أسماء إن المرأة إذا بلغت المحيض لم يصلح أن يرى منها إلا هذا وهذا، وأشار إلى وجهه وكفيهAnd this hadith, as mentioned before, is weak from aspects: among them: that it is munqati' (disconnected) between Aisha and the narrator from her, for the narrator from her is Khalid ibn Daryak, and he did not hear from her, as Abu Dawud and others said, and the munqati' hadith is considered weak and not a proof.
The second aspect: that it is from the narration of Qatadah from Khalid with the 'an'ana (indirect narration), and Qatadah is a mudallis (one who conceals defects), and his narration with the 'an'ana is weak, like the other known mudallisin who conceal defects when they do not explicitly state hearing: like Ibn Ishaq and other mudallisin, for their narration is considered weak until they explicitly state hearing, except for what is in the two Sahihs, for what the two Shaykhs narrated is acceptable; because they investigated the hadiths of the mudallisin and narrated from them what was authentic with them and established with them regarding hearing.
And there is a third aspect that weakens the hadith also: which is that it is from the narration of Sa'id ibn Bashir, and he is weak in narration and not relied upon as a proof.
And there is a fourth aspect: which is that even if it were authentic, it would be possible that it was before the revelation of the verse of the hijab, and what is possible is not relied upon as a proof; because the verse of the hijab indicated the obligation of covering and hijab, so if it were authentic, it would be understood that this was before the hijab, for the women used to uncover their faces and hands before the hijab, so when the hijab was revealed, they were prohibited from that.
And there is a fifth aspect: which is that it is unlikely that this would happen from Asma, the matn (text) is munkar (denounced), the matn in itself is denounced; because it is unlikely that something like this would happen from Asma with her virtue, her knowledge, and her high status, and her being the wife of al-Zubayr ibn al-Awwam, the companion of the Messenger (peace and blessings be upon him) (may Allah have mercy on him) , it is unlikely that this matter would be hidden from her, and it is unlikely that she would enter upon the Prophet (peace and blessings be upon him) in thin garments, for this is not fitting for her like, and it is not thought of her like, so it is denounced from this perspective.
So five aspects have gathered in its weakening, all of which indicate its weakness, and that it is not permissible to rely upon it in permitting the uncovering for women, and Allah is the Helper.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.