Book 8. Marriage

Chapter 1: One Who Can Support a Wife Should Marry

‘Alqama reported: While I was walking with ‘Abdullah at Mina, ‘Uthman happened to meet him. He stopped there and began to talk with him. Uthman said to him: Abu ‘Abd al-Rahman, should we not marry you to a young girl who may recall to you some of the past of your bygone days; thereupon he said: If you say so, Allah’s Messenger (may peace be upon him) said: O young men, those among you who can support a wife should marry, for it restrains eyes from casting (evil glances) and preserves one from immorality; but those who cannot should devote themselves to fasting for it is a means of controlling sexual desire.

‘Alqama reported: While I was going along with ‘Abdullah b. Ma’sud (Allah he pleased with him) in Mina, ‘Uthman b. ‘Affan (Allah be pleased with him) happened to meet him and said: Come here, Abu ‘Abd al-Rahman (kunya of Abdullah b. Mas’ud), and he isolated him (from me), and when ‘Abdullah (b. Mas’ud) saw that there was no need (for this privacy), he said to me: ‘Alqama, come on, and so I went there. (Then) ‘Uthman said to him: Abu Abd al-Rahman, should we not marry you to a virgin girl that your past may be recalled to your mind? ‘Abdullah said: If you say so, the rest of the hadith is the same as narrated above.

Abdullah (b. Mas’ud) (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) said to us: O young men, those among you who can support a wife should marry, for it restrains eyes (from casting evil glances) and preserves one from immorality; but he who cannot afford It should observe fast for it is a means of controlling the sexual desire.

Abu al-Rahman b. Yazid said: I and my uncle ‘Alqama and al-Aswad went to ‘Abdullah b. Mas’ud (Allah be pleased with him). He (the narrator further) said: I was at that time young, and he narrated a hadith which it seemed he narrated for me that Allah’s Messenger (may peace be upon him) said like one transmitted by Mu’awiya, and further added: I lost no time in marrying.

‘Abd al-Rahman b. Yazid reported on the authority of Abdullah: We went to him, and I was the youngest of all (of us), but he did not mention: “I lost no time in marrying.”

Anas (Allah be pleased with him) reported that some of the Companions of Allah’s Apostle (may peace be upon him) asked his (the Prophet’s) wives about the acts that he performed in private. Someone among them (among his Companions) said: I will not marry women; someone among them said: I will not eat meat; and someone among them said: I will not lie down in bed. He (the Holy Prophet) praised Allah and glorified Him, and said: What has happened to these people that they say so and so, whereas I observe prayer and sleep too; I observe fast and suspend observing them; I marry women also? And he who turns away from my Sunnah, he has no relation with Me Sa’d b. Abi Waqqas (Allah be pleased with him) reported: The Messenger of Allah (may peace be upon him) rejected (the idea) of Uthman b. Muz’ un-living in celibacy (saying): And if he (the Holy Prophet) had given me permission we would have got ourselves castrated.

Sa’id b. al-Musayyib reported: I heard Sa’d (b. Abi Waqqas) saying that the idea of ‘Uthman b. Maz’un for living in celibacy was rejected, (by the Holy Prophet) and if he had been given permission they would have got themselves castrated.

Sa’id b. al Musayyib heard Sa’d b. Abi Waqqas (Allah be pleased with him) saying that Uthman b. Maz’un decided to live in celibacy, but Allah’s Messenger (may peace be upon him) forbade him to do so, and if he had permitted him, we would have got ourselves castrated.

Chapter 2: He Who Sees a Woman, and His Heart Is Affected, Should Come to His Wife, and Should Have Intercourse with Her

Jabir reported that Allah’s Messenger (may peace be upon him) saw a woman, and so he came to his wife, Zainab, as she was tanning a leather and had sexual intercourse with her. He then went to his Companions and told them: The woman advances and retires in the shape of a devil, so when one of you sees a woman, he should come to his wife, for that will repel what he feels in his heart.

Jabir b. ‘Abdullah reported that Allah’s Apostle (may peace be upon him) saw a woman; and the rest of the hadith was narrated but (with this exception) that he said he came to his wife Zainab, who was tanning a (piece of) leather, and he made no mention of: “She retires in the shape of satan.”

Jabir heard Allah’s Apostle (may peace be upon him) say: When a woman fascinates any one of you and she captivates his heart, he should go to his wife and have an intercourse with her, for it would repel what he feels.

Chapter 3: Temporary Marriage and Its Prohibition for All Times to Come

Abdullah (b. Mas’ud) reported: We were on an expedition with Allah’s Messenger (may peace be upon him) and we had no women with us. We said: Should we not have ourselves castrated? He (the Holy Prophet) forbade us to do so He then granted us permission that we should contract temporary marriage for a stipulated period giving her a garment, and ‘Abdullah then recited this verse: “Those who believe do not make unlawful the good things which Allah has made lawful or you, and do not transgress. Allah does not like trangressers” (al-Qur’an, v. 87).

This hadith has been narrated on the authority of Jarir with the same chain of transmitters and he also recited this (above-mentioned verse) to us, but he did not say that ‘Abdullah recited it.

This hadith has been narrated on the authority of Isma’il with the same chain of transmitters (and the words are): “We were young, so we said: Allah’s Messenger, should we not have ourselves castrated? But he (the narrator) did not say; We were on an expedition.”

Jabir b. ‘Abdullah and Salama b. al-Akwa’ said: There came to us the proclaimer of Allah’s Messenger (may peace be upon him) and said: Allah’s Messenger (may peace be upon him) has granted you permission to benefit yourselves, i.e. to contract temporary marriage with women.

Salama b. al-Akwa’ and Jabir b. Abdullah reported: Allah’s Messenger (may peace be upon him) came to us and permitted us to contract temporary marriage.

Ibn Uraij reported: ‘Ati’ reported that Jibir b. Abdullah came to perform ‘Umra, and we came to his abode, and the people asked him about different things, and then they made a mention of temporary marriage, whereupon he said: Yes, we had been benefiting ourselves by this temporary marriage during the lifetime of the Holy Prophet (may peace be upon him) and during the time of Abi! Bakr and ‘Umar.

Jabir b. ‘Abdullah reported: We contracted temporary marriage giving a handful of tales or flour as a dower during the lifetime of Allah’s Messenger (may peace be upon him) and during the time of Abu Bakr until ‘Umar forbade it in the case of ‘Amr b. Huraith.

Abu Nadra reported: While I was in the company of Jabir b. Abdullah, a person came to him and said that Ibn ‘Abbas and Ibn Zubair differed on the two types of Mut’as, (Tamattu’ of Hajj 1846 and Tamattu’ with women), whereupon Jabir said: We used to do these two during the lifetime of Allah’s Messenger (may peace be upon him). Umar then forbade us to do them, and so we did not revert to them.

Iyas b. Salama reported on the authority of his father that Allah’s Messenger (may peace be upon him) gave sanction for contracting temporary marriage for three nights in the year of Autas 1847 and then forbade it.

Sabra Juhanni reported: Allah’s Messenger (may peace be upon him) permitted temporary marriage for us. So I and another person went out and saw a woman of Bana ‘Amir, who was like a young long-necked she-camel. We presented ourselves to her (for contracting temporary marriage), whereupon she said: What dower would you give me? I said: My cloak. And my companion also said: My cloak. And the cloak of — my companion was superior to my cloak, but I was younger than he. So when she looked at the cloak of my companion she liked it, and when she cast a glance at me I looked more attractive to her. She then said: Well, you and your cloak are sufficient for me. I remained with her for three nights, and then Allah’s Messenger (may peace be upon him) said: He who has any such woman with whom he had contracted temporary marriage, he should let her off.

Rabi’ b. Sabra reported that his father went on an expedition with Allah’s Messenger (may peace be upon him) during the Victory of Mecca, and we stayed there for fifteen days (i.e. for thirteen full days and a day and a night), and Allah’s Messenger (may peace be upon him) permitted us to contract temporary marriage with women. So I and another person of my tribe went out, and I was more handsome than he, whereas he was almost ugly. Each one of us had a cloaks, My cloak was worn out, whereas the cloak of my cousin was quite new. As we reached the lower or the upper side of Mecca, we came across a young woman like a young smart long-necked she-camel. We said: Is it possible that one of us may contract temporary marriage with you? She said: What will you give me as a dower? Each one of us spread his cloak. She began to cast a glance on both the persons. My companion also looked at her when she was casting a glance at her side and he said: This cloak of his is worn out, whereas my cloak is quite new. She, however, said twice or thrice: There is no harm in (accepting) this cloak (the old one). So I contracted temporary marriage with her, and I did not come out (of this) until Allah’s Messenger (may peace be upon him) declared it forbidden.

Rabi’ b. S’abra al-jahanni reported on the authority of his father. We went with Allah’s Messenger (may peace be upon him) to Mecca during the year of Victory and he narrated like this a hadith transmitted by Bishr (the previous one) but with this addition: “She said: Can it be possible?” And it is also mentioned in it: “He said: The cloak of this (man) is old and worn out.”

Sabra al-Juhanni reported on the authority of his father that while he was with Allah’s Messenger (may peace be upon him) he said: O people, I had permitted you to contract temporary marriage with women, but Allah has forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he should let her off, and do not take back anything you have given to then (as dower).

This hadith has been narrated on the authority of ‘Abd al-‘Aziz b ‘Umar with the same chain of transmitters, and he said: I saw Allah’s Messenger (may peace be upon him) standing between the pillar and the gate (of the Ka’ba) and he was relating a hadith as narrated by Ibn Numair.

‘Abd al-Malik b. Rabi’ b. Sabraal-Juhanni reported on the authority of his father who narrated it on the authority of his father (i.e. ‘Abd al-Malik’s grandfather, Sabura al-Juhanni): Allah’s Messenger (may peace be upon him) permitted us to contract temporary marriage in the Year of Victory, as we entered Mecca, and we did come out of it but he forbade us to do it.

Sabra b. Ma’bad reported that Allah’s Apostle (may peace be upon him) permitted his Companions to contract temporary marriage with women in the Year of Victory. So I and a friend of mine from Banu Sulaim went out, until we found a young woman of Banu Amir who was like a young she-camel having a long neck. We made proposal to her for contracting temporary marriage with us, and presented to her our cloaks (as dower). She began to look and found me more handsome than my friend, but found the cloak of my friend more beautiful than my cloak. She thought in her wind for a while, but then preferred me to my friend. So I remained with her for three (nights), and then Allah’s Messenger (may peace be upon him) commanded us to part with them (such women).

Rabi’ b. Sabra reported on the authority of his father that Allah’s Apostle (may peace be upon him) prohibited the contracting of temporary marriage.

Rabi’ b. Sabra reported on the authority of his father that Allah’s Messenger (may peace be upon him) forbade on the Day of Victory to contract temporary marriage with women. This hadith has been narrated on the authority of Rabi’ b. Sabra that Allah’s Messenger (may peace be upon him) forbade to contract temporary marriage with women at the time of Victory, and that his father had contracted the marriage for two red cloaks.

‘Urwa b. Zabair reported that ‘Abdullah b. Zubair (Allah be pleased with him) stood up (and delivered an address) in Mecca saying: Allah has made blind the hearts of some people as He has deprived them of eyesight that they give religious verdict in favour of temporary marriage, while he was alluding to a person (Ibn ‘Abbas). Ibn Abbas called him and said: You are an uncouth person, devoid of sense. By my life, Mut’a was practised during the lifetime of the leader of the pious (he meant Allah’s Messenger, may peace be upon him), and Ibn Zubair said to him: just do it yourselves, and by Allah, if you do that I will stone you with your stones. Ibn Shihab said, Khalid b. Muhajir b. Saifullah informed me: While I was sitting in the company of a person, a person came to him and he asked for a religious verdict about Mut’a and he permitted him to do it. Ibn Abu ‘Amrah al-Ansari (Allah be pleased with him) said to him: Be gentle. It was permitted in the early days of Islam, (for one) who was driven to it under the stress of necessity just as (the eating of) carrion and the blood and flesh of swine and then Allah intensified (the commands of) His religion and prohibited it (altogether). Ibn Shihab reported: Rabi’ b. Sabra told me that his father (Sabra) said: I contracted temporary marriage with a woman of Banu ‘Amir for two cloaks during the lifetime of Allah’s Messenger (may peace be upon him); then he forbade us to do Mut’a. Ibn Shihab said: I heard Rabi’ b. Sabra narrating it to Umar b. ‘Abd al-‘Aziz and I was sitting there.

Sabra al-Juhanni reported on the authority of his father: Allah’s Messenger (may peace be upon him) prohibited the contracting of temporary marriage and said: Behold, it is forbidden from this very day of yours to the Day of Resurrection, and he who has given something (as a dower) should not take it back.

‘Ali b. AbiTalib reported that Allah’s Messenger (may peace be upon him) prohibited on the Day of Khaibar the contracting of temporary marriage with women and the eating of the flesh of domestic asses.

Malik narrated this hadith on the authority of the same chain of transmitters that ‘Ali b. Abil Talib said to a person: You are a person led astray; Allah’s Messenger (may peace be upon him) forbade us (to do Mut’a), as is stated In the hadith transmitted on the authority of Yahya b. Malik.

Muhammad b. ‘Ali narrated on the authority of his father ‘Ali that Allah’s Apostle (may peace be upon him) on the Day of Khaibar prohibited forever the contracting of temporary marriage and eating of the flesh of the domestic asses.

‘Ali (Allah be pleased with him) heard that Ibn Abbas (Allah be pleased with them) gave some relaxation in connection with the contracting of temporary marriage, whereupon he said: Don’t be hasty (in your religious verdict), Ibn ‘Abbas, for Allah’s Messenger (may peace be upon him) on the Day of Khaibar prohibited forever the doing of it — And eating of the flesh of domestic asses.

‘Ali (Allah be pleased with him) said to Ibn ‘Abbas (Allah be pleased with them) that Allah’s Messenger (may peace be upon him) on the Day of Khaibar forbade forever the contracting of temporary marriage and the eating of the flesh of domestic asses.

Chapter 4: It Is Forbidden to Combine a Woman and Her Father’s Sister, or a Woman and Her Mother’s Sister Together in Marriage

Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace upon him) having said this: One should not combine a woman and her father’s sister, nor a woman and her mother’s sister in marriage.

Abu Huraira (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) forbade combining of four women in marriage: a woman with her father’s sister, and a woman with her mother’s sister.

Abu Huraira (Allah be pleased with him) reported: I heard Allah’s Messenger (may peace be upon him) say: Father’s sister should not be combined with her brother’s daughter, nor the daughter of a sister with her mother’s sister.

Abu Huraira (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) forbade a person to combine in marriage a woman and her father’s sister, and a woman and her mother’s sister. Ibn Shihab said: So we regarded the paternal aunt of her (wife’s) father and the maternal aunt of her (wife’s) father at the same level.

Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: One should not combine in marriage a woman with her father’s sister, or her mother’s sister.

A hadith like this has been narrated on the authority of Abu Huraira (Allah be pleased with him) through another chain of transmitters.

Abu Huraira (Allah be pleased with him) reported Allah’s Apostle (may peace be upon him) as saying: A man must not make proposal of marriage to a woman when his brother has done so already. And he must not offer a price for a thing for which his brother had already offered a price; and a woman must not be combined in marriage with her father’s sister, nor with her mother’s sister, and a woman must not ask to have her sister divorced in order to deprive her of what belongs to her, but she must marry, because she will have what Allah has decreed for her.

Abu Huraira (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) forbade the combining of a woman in marriage with her father’s sister, or with her mother’s sister, or that a woman should ask for divorce for her sister in order to deprive her of what belongs to her. Allah, the Exalted and Majestic, is her sustainer too.

Abu Huraira (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) forbade to combine a woman and her father’s sister, and a woman and her mother’s sister.

A hadith like this has been transmitted on the authority of Amr b. Dinar.

Chapter 5: Muhrim (One Who Is in the State of Ihram Is Forbidden to Marry and the Disapproval of Giving the Proposal (In This State)

Nubaih b. Wahb reported that ‘Umar b. Ubaidullah intended to marry Talha b. ‘Umar with the daughter of Shaiba b. Jubair; so he sent a messenger to Aban b. Uthman to attend the marriage, and he was at that time the Amir of Hajj. Aban said: I heard ‘Uthman b. ‘Affan say that Allah’s Messenger (may peace be upon him) had stated: A Muhrim must neither marry himself, nor arrange the marriage of another one, nor should he make the proposal of marriage.

Nubaih b. Wahb reported: Umar b. Ubaidullah b. Ma’mar sent me to Aban b. Uthman as he wanted to make the proposal of the marriage of his son with the daughter of Shaiba b. Uthman. He (Aban b. Uthman) was at that time (busy) in the season of Pilgrimage. He said: I deem him to be a man of the desert (for it is a common thing) that a Muhrim can neither marry, nor is he allowed to be married to anyone. It is Uthman (b. Affan) who reported this to us from Allah’s Messenger (may peace be upon him).