Islam Question and Answer - He had intercourse with his ex-wife during the ‘iddah without intending to take her back and she became pregnant

He had intercourse with his ex-wife during the ‘iddah without intending to take her back and she became pregnant

A husband had intercourse with his ex-wife two months after the court sentenced their divorce. She just went to him and they had intercourse, possibly she became pregnant then. Is this considered as if he took her back? Is this pregnancy legal islamically? .

 

Praise be to Allaah.

The ‘iddah of a woman who has been revocably divorced lasts
for three menstrual cycles if she menstruates, and three months if she is
past the age of menopause or she is a minor who does not menstruate, because
Allaah says (interpretation of the meaning): 

“And divorced women shall wait (as regards their marriage)
for three menstrual periods”

[al-Baqarah 2:228] 

“And those of your women as have passed the age of monthly
courses, for them the ‘Iddah (prescribed period), if you have doubt (about
their periods), is three months; and for those who have no courses [(i.e.
they are still immature) their ‘Iddah (prescribed period) is three months
likewise, except in case of death]”

[al-Talaaq 65:4]

The husband may take his wife back during the ‘iddah, whether
she agrees to that or not. 

Taking the wife back is done by means of words indicating
that, according to scholarly consensus, such as his saying “I take you
back.” 

But the fuqaha’ differed as to whether taking back is done by
means of actions, such as intercourse and that which leads to it of touching
and kissing. There are four opinions: 

1 –

The Hanafis are of the view that taking back is done by means
of intercourse and kissing with desire on any part of the body, and by
touching even if it is through a barrier through which the heat of desire
may be felt. They regarded all of that as an indication of taking back the
wife, as if by having intercourse he has agreed for her to become his wife
once again. 

2 –

The Maalikis are of the view that taking back the wife by
actions such as intercourse and the things that lead to it is valid, so long
as the husband intends by means of these actions to take her back. If he
kisses her or touches her with desire, or he looks at the site of
intercourse with desire, or he has intercourse with her without intending to
take her back, then the taking back by means of doing these things is not
valid, and he has committed a haraam action. 

3 –

The Shaafa’is are of the view that taking back is not valid
unless done verbally, and it is not valid by means of actions at all,
whether it is by means of intercourse and the things that lead to it and
regardless of whether the action was accompanied by the intention to take
her back or not. 

4 –

The Hanbalis are of the view that taking back by means of
intercourse is valid whether the husband intended to take her back or not.
As for the things that lead to intercourse, they cannot be a means of taking
her back, according to the correct view of this madhhab. 

See: Tabyeen al-Haqaa’iq (2/251), Haashiyat Ibn
‘Aabideen (3/399), al-Kharshi ‘ala Khaleel (4/81), Haashiyat
al-Bujayrimi (4/41), al-Insaaf (9/156) and Mataalib Ooli
(5/480). 

The most likely to be correct is the second view, that
intercourse counts as taking the wife back if it is done with the intention
of taking her back. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:
The second view is that intercourse does not count as taking her back unless
there is the intention of taking her back, because simply having intercourse
may be done by a man with a non-mahram woman, as in the case of zina. This
man’s desire may have been provoked, or he may have seen her adorned and
been unable to control himself, so he had intercourse with her, without
intending or wanting to take her back as his wife and without having any
intention of going back to her. According to this view, having intercourse
does not count as taking her back unless there was the intention to do so.
This is the correct view and it was the view favoured by Shaykh al-Islam Ibn
Taymiyah (may Allaah have mercy on him) because intercourse may take place
with the desire to take her back, so it is done with the intention of taking
her back, or it may be simply intercourse as the result of desire, so it
does not indicate that he is taking her back. 

The correct view is that taking the wife back is not done
merely by having intercourse, unless it is his intention to take her back,
and he regards it as permissible on the basis that she is his wife. If that
is the case, then it is taking her back, but according to this view, if he
has intercourse with her without intending to take her back, and she has a
child as the result of this intercourse, is it to be regarded as his child?
The answer is yes, it is his child, because this case of intercourse is not
clear-cut, and because she was his wife as her ‘iddah had not yet ended. So
he is not subject to the hadd punishment for zina, rather he should be given
a disciplinary punishment (ta’zeer). End quote from al-Sharh al-Mumti’
(13/189). 

The fuqaha’ regarded it as mustahabb to bring witnesses to
his taking back his wife, because Allaah says (interpretation of the
meaning): 

“Then when they are about to attain their term appointed,
either take them back in a good manner or part with them in a good manner.
And take as witness two just persons from among you (Muslims). And establish
the testimony for Allaah. That will be an admonition given to him who
believes in Allaah and the Last Day. And whosoever fears Allaah and keeps
his duty to Him, He will make a way for him to get out (from every
difficulty)”

[al-Talaaq 65:2] 

If a divorced woman refuses to have intercourse with her
husband until his taking her back has been witnessed, some of the fuqaha’
regarded that as a sign of her being smart and mature. Al-Kharashi said in
his Sharh ‘ala Mukhtasar Khaleel (4/87): If a man divorces his wife
recovably [i.e., first or second talaaq], then he takes her back and wants
to have intercourse with her, and she refuses to do that until after the
taking-back has been witnessed, it is her right to do so, and it is
indicative of her wisdom, and she is not being disobedient towards her
husband, rather she will be rewarded for this refusal. End quote. 

Secondly: 

This husband has to repent to Allaah, may He be exalted, from
having had intercourse with his divorced wife without intending to take her
back, and he should acknowledge the child as his if pregnancy resulted from
that. He should think again about the divorce, because it may be better for
him to take his wife back and look after her and the child he has from her. 

Thirdly: 

If the matter is referred to the shar’i judge and he rules as
he sees fit, then his ruling is binding on both partners, because the ruling
of the qaadi overrides any difference of scholarly opinion. 

As you are in a western country where there are no shar’i
judges, we think that a man who has knowledge of Islam and fiqh should judge
between you. [You can get in touch with such a person through an Islamic
centre], and he may judge on the basis of what he knows of the rulings on
this issue, and his ruling will be binding like that of a shar’i judge. 

And Allaah knows best.

Islam Q&A

 

Islam Question and Answer - Her husband reviles her and accuses her and threatens to kill her; is it permissible for her to ask for a divorce from him?

Her husband reviles her and accuses her and threatens to kill her; is it permissible for her to ask for a divorce from him?

I am seeking divorce for many reasons: 


1- My daughter who was 6 years old has passed away six months ago in an accident, she was with me, and my husband accuses me of killing her. 


2- He slanders me in a way that no wife would ever accept from her husband. 


3- He accuses me of having an affair with my sister’s husband! Although he is in London and I am in Egypt. 


4- He insults me everywhere in a very bad language. 


5- I have tolerated like nobody ever tolerated before. He is 20 years older than me. I was looking for a man who is much older than me; thinking he would have a mature mind. After marriage I knew that he is suffering from a psychiatric illness. I stayed with him until he was treated from it, but now that illness came back. He wants to kill me; as he accuses me of killing his daughter. I have another daughter and son; he wishes they died instead of her; because he loved her only. 


My question:


Is it permissible for me to ask for divorce, knowing that he does not want to divorce me, but wants to kill me?.

 

Praise be to Allaah.

We ask Allaah to increase your reward for the death of your
daughter, and to make her an intercession for her family on the Day of
Resurrection. And may Allaah increase your reward because of your husband
who says and does things that cause you distress and grief. 

You should note that this world is the realm of trials and
tests, and that the Muslim will be faced with worry, distress, grief, and
sickness, but he should not let that cause him to miss out on the rewards
that are available, so seek reward with your Lord for that which has
befallen you and ask Him to make you patient and to make you steadfast in
adhering to His religion. 

As for seeking a divorce, some of what your husband has done
makes it permissible for you to ask for a divorce, so how about when all of
the things are taken together? 

Slandering or falsely accusing a person is a major sin and it
is not permissible for him to do that. Reviling, insulting and threatening
to kill are things that no one could bear from a stranger, so how about when
it is done by one's life partner, one’s husband who lives in the same
house? 

If a woman asks for a divorce from her husband for no reason,
this is what is warned against. But if there is a reason for it, then
undoubtedly the warning is not addressed to the woman who seeks a divorce in
that case. 

The Prophet (peace and blessings of Allaah be upon him)
said: “Any woman who asks her husband for a divorce when there is nothing
wrong, the fragrance of Paradise will be forbidden to her.” 

Narrated by al-Tirmidhi (1187) and Abu Dawood (2226); classed
as saheeh by al-Albaani in Saheeh al-Tirmidhi. 

Al-Haafiz Ibn Hajar (may Allaah have mercy on him) said: 

The reports which warn women against asking for a divorce
from their husbands are to be understood as referring to cases where there
is no reason for doing so. 

Fath al-Baari (9/402). 

Al-Mubaarakfoori (may Allaah have mercy on him) said: 

i.e., without there being any hardship that would cause her
to resort to asking for a divorce.

 Tuhfat al-Ahwadhi
(4/410). 

In al-Mawsoo’ah al-Fiqhiyyah (29/11) it says: 

The wife may ask for the marriage to be ended if there is a
reason that justifies that, such as if the husband is miserly or absent, and
other reasons concerning which the fuqaha’ differed; some are more lenient
than other. But that does not depend on her opinion, rather it is to be
determined by the judge, unless the husband gives her the authority to issue
a divorce, in which case she may also divorce herself by her own words. 

If the couple agree to separate, that is permissible, and it
may be done without needing to refer to the court. The judge may also
separate a couple if there is a reason for doing so, so as to protect the
rights of Allaah, such as if one of a Muslim couple has apostatized – Allaah
forbid – or one of a Magian couple has become Muslim and the other refuses
to do so, and so on. 

But none of that is called talaaq, apart from the first case
if it is instigated by the husband. The evidence that talaaq is the right of
the husband only is the hadeeth in which the Prophet (peace and
blessings of Allaah be upon him) said: “(The right of divorce) belongs to
the one who takes hold of the calf [i.e., her husband]”, narrated by Ibn
Majaah (2072) and classed as hasan by al-Albaani in Saheeh Ibn Majaah.
End quote. 

To sum up: 

The husband has to fear Allaah and hold his tongue, and not
utter haraam words. Anyone among his family or the authorities who can stop
him must hasten to do so. If the wife wishes, she may be patient and put up
with the hurt and harm from her husband, or if she wishes she may ask for a
divorce and come to some agreement with her husband concerning divorce.
Otherwise their case may be referred to the shar’i judge to make him divorce
her, if it is proven that he is causing harm. 

And Allaah knows best.

Islam Q&A

 

Islam Question and Answer - Her husband divorced her and claims that he was drunk

Her husband divorced her and claims that he was drunk

My husband sent me a message on my mobile saying “You are divorced.” Then he said to me that it was a moment of anger. That was the first divorce and he took me back. A week later he sent me a message saying, “You are divorced, you are divorced.” After that he admitted and swore to me that he was drunk in both cases. Does the divorce count as such?.

 

Praise be to Allaah.

As you are in a land where
there are shar’i courts, you must refer the matter to the court to decide
about your husband’s words and determine as to whether a divorce issued by
one who is drunk counts as such or not, and the number of divorced that have
been issued to you.  

The husband has to repent
to Allaah from drinking intoxicants, and he must tell the judge frankly
about what really happened, and not conceal the fact that he was drunk, so
that the judge may rule as to whether the marriage is still valid or not.
And you should not allow him to be intimate with you until the judge decides
about your case. 

Shaykh Ibn ‘Uthaymeen (may
Allaah have mercy on him) was asked about the wife of a man who was addicted
to alcohol, and one day he drank until he was drunk, then he divorced her –
does the divorce issued when he was drunk count as such or not? 

He replied (may Allaah have
mercy on him): 

With regard to the wife’s
question about her husband divorcing her when he was drunk, there is a
difference of opinion among the scholars as to whether or not a divorce
issued in a state of intoxication counts as such. The well known view
according to the Hanbali madhhab is that it does count as such, as a
punishment to him for drinking, because this drinker is disobeying Allaah,
may He be glorified and exalted, so his sin should not be accepted as a
reason to be lenient and not let his divorce count as such. One of the
scholars said: Rather a divorce issued by one who is drunk does not count as
such, and this is what was narrated from the caliph ‘Uthmaan ibn ‘Affaan
(may Allaah be pleased with him), and it is more in tune with the analogy of
other cases, because the drunkard is not aware of what he is saying and does
not realize what he is saying, so how can he be held to something that he
was unaware of? Allaah says (interpretation of the meaning): “O you who
believe! Approach not As‑Salaah (the prayer) when you are in a drunken state
until you know (the meaning) of what you utter” [al-Nisa’ 4:43]. This
indicates that the drunkard does not know what he is saying, so how can he
be held to something he does not know?

 As for their saying that
it is a punishment, the punishment for the one who drinks alcohol is only
for himself; he is to be punished with the flogging that is mentioned in the
Sunnah. If we punish him by making his divorce count as such, then in fact
this punishment affects his wife too, as separation takes place, and she may
have children, so the family is broken up and the harm affects people other
than him. So the correct view is that the divorce of a drunkard does not
count as such, and what he says should not be taken seriously, but
nevertheless this case should referred to the shar’i court so that we may
determine whether his wife should stay with him or separate from him, and
the shar’i court may put an end to any difference of opinion. And Allaah is
the Source of strength. 

End quote from Fataawa
Noor ‘ala al-Darb. 

He was also asked: What is
the ruling on a man who divorces his wife when he is drunk, and he says that
he was in a state of extreme intoxication, but he understood what he was
saying. Does this divorce count as such? 

He replied: There is a
difference of opinion among the scholars as to whether a divorce issued by a
drunk counts as such. Some of them say that it does not count as such, and
others say that it does. Such cases are difficult because if the man was
drunk and was aware of what he was saying, then the case should be referred
to the court so that the judge may rule as he sees fit. But if it was a
first or second talaaq, the husband should be told to take her back, just o
be on the safe side.  

End quote from Liqa’
al-Baab al-Maftooh (10/24). 

And Allaah knows best.

Islam Q&A

 

 

Islam Question and Answer - He said to his wife, “If I bring you home then you are divorced”

He said to his wife, “If I bring you home then you are divorced”

I used to prepare my luggage to leave after my husband dismisses me due to an argument I have with him. But he used to stop me and say: “you will be divorced if you leave” so I was just staying. This happened three times. The last argument same thing happened, so I carried my luggage and said: “I am leaving” he said: “I will send you to your family but you will be divorced if I take you back” he meant to say that he does not want me to return. That time I left.

 
My question is: What is the ruling on what he said? He wants me and our children back, but I fear he has to expiate first. Shall I find someone else to return me back to my home, as his intention was to divorce me if he returns me to his home; because he was very angry?.

 

Praise be to Allaah.

Firstly:

What is prescribed for the
Muslim is to avoid using divorce in arguments between him and his wife,
because of the grave consequences that result from divorce. Many men take
the matter of divorce lightly, so every time there is an argument between a
man and his wife he swears that he will divorce her, and every time he
disagrees with his friends he swears that he will divorce his wife, and so
on. This is a kind of toying with the Book of Allaah. If the Prophet
(peace and blessings of Allaah be upon him) regarded the one who divorced
his wife three times in one go as toying with the Book of Allaah, then how
about the one who takes divorce as a habit, and every time he wants to stop
his wife doing something or urge her to do something, he swears that he will
divorce her?! Al-Nasaa’i (3401) narrated that Mahmoud ibn Labeed
said: The Messenger of Allaah (peace and blessings of Allaah be upon him)
was told about a man who had divorced his wife three times in one sitting.
He stood up angrily and said, “Is he playing with the Book of Allaah whilst
I am still among you?” Then a man stood up and said, “O Messenger of Allaah,
shall I not kill him?” Al-Haafiz said: the men of its isnaad are
trustworthy. This was classed as saheeh by al-Albaani in Ghaayat
al-Maraam, 261. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: 

Those foolish men who
utter words of divorce for every matter, minor or major, are going against
the teaching of the Prophet (peace and blessings of Allaah be upon him) who
said: “Whoever swears (an oath), let him swear by Allaah or else remain
silent.” Narrated by al-Bukhaari, 2679. So if a believer wants to swear an
oath, let him swear by Allaah. 

Moreover we should not make a lot of oaths, because Allaah says
(interpretation of the meaning): 

“And protect your oaths (i.e. do not swear much)”

[al-Maa'idah 5:89] 

The commentaries on this verse may be summed up as saying that what it means
is: do not swear a great deal by Allaah. 

But swearing to divorce one’s wife, such as saying, “My wife is divorced if
she does such and such,” or “My wife is divorced if she does not do such and
such,” or “if I do such and such then my wife is divorced,” or “If you do
not do such and such then my wife is divorced,” and so on, is contrary to
the teachings of the Prophet (peace and blessings of Allaah be upon him). 

Fataawa al-Mar’ah al-Muslimah,
2/753. 

Secondly: 

Your husband’s saying “If
you go out you are divorced” or “I will send you to your family and if I
take you back you are divorced” are examples of a divorce that is
conditional upon something, and reference should be made to the husband’s
intention. If his intention was to divorce you, then divorce takes place if
you go out, but if he did not intend to divorce you and he intended only to
stop you from going out, then it comes under the ruling on oaths, and if you
go out or he takes you back, then he has to offer kafaarat yameen (expiation
for breaking an oath), and no divorce takes place as a result. 

Shaykh Ibn ‘Uthaymeen said:

The most correct view is that if divorce is used as a vow, in the sense that
the intention behind it is to urge someone to do something, or to stop them
from doing something, or to prove that someone is telling the truth or
lying, or to confirm something, then it comes under the rulings on vows,
because Allaah says (interpretation of the meaning): 

“O Prophet! Why do you forbid (for yourself) that which
Allaah has allowed to you, seeking to please your wives? And Allaah is
Oft‑Forgiving, Most Merciful.

Allaah has already ordained for you (O men) the absolution
from your oaths”

[al-Tahreem 66:1-2] 

So Allaah has made forbidding something to oneself a vow or oath. 

And the Prophet (peace and blessings of Allaah be upon him) said: “Actions
are but by intentions, and every man will have but that which he intended.”
Al-Bukhaari, 1.  

This man did not intend to divorce, rather he intended to swear an oath, or
something of that nature. So if he breaks his vow, then it is sufficient for
him to offer kafaarat yameen. This is the more correct view. 

Fataawa al-Mar’ah al-Muslimah,
2/754 

The Standing
Committee was asked about a man who said to his wife, “You will be divorced
if you do not come with me,” and she did not go with him. Does this mean
that they are divorced? 

They replied: 

If you did not intend
that divorce should take place, rather you meant to urge her to go with you,
then divorce has not taken place. But you have to offer kafaarat yameen,
according to the more sound of the two scholarly opinions. If you did intend
that divorce should take place and she did not do as you said, then she has
been divorced once. 

Fataawa al-Lajnah al-Daa’imah,
20/86. 

Thirdly: 

If your husband’s intention
was to divorce you, as you say, then you should look at what he meant when
he said “If I bring you back.” If what he meant was “if I bring you back
myself”, but there was no reason why someone else should not bring you back
or you should not  come back by yourself, then in that case you should go
back with someone else, and no divorce takes place. 

But if what he meant was
that divorce would take place in all cases, whether he brought you back or
someone else brought you back, then if you go back, a revocable divorce
takes place – if this is the first or second talaaq – and he may take you
back during the ‘iddah. 

Fourthly: 

If the husband said this in
a moment of anger, then you should look at the level of this anger, as is
explained in the answer to question no.
45174 and
82400. 

And Allaah knows best.

Islam Q&A

 

 

Islam Question and Answer - Ruling on getting married and divorced on paper in order to have residency in a kaafir country

Ruling on getting married and divorced on paper in order to have residency in a kaafir country

What is your opinion about a person who falsely divorces his wife, i.e. formally having the divorce contract, without saying the word of talaaq actually to her? This enables him to marry a European woman in order to get a residency. Then he will divorce the European woman and return his first wife to him afterwards. What is the ruling on this matter?.

 

Praise be to Allaah.

Firstly: 

Marriage is a serious covenant and it is one of the most
important rulings of sharee’ah, by means of which intimacy becomes
permissible and rights such as the mahr (dowry) and inheritance are proven,
and children are attributed to their father, and other rulings. 

By means of divorce, a woman becomes haraam for her husband
and is deprived of inheritance, and she becomes permissible for other men to
marry, subject to well known conditions. Our aim in explaining all this is
to alert the Muslims to the necessity of not using these two contracts in
ways other than that which has been prescribed by Allaah, and not using them
as tricks. We have seen – unfortunately – men who will marry a woman not so
that the intimacy with her which was forbidden becomes permissible, and not
so as to form a family with her – as is the aim of the shar’i contract – but
so as to attain some worldly purpose, such as registering land, or getting a
licence to open a business, or to get residency, or to enable the woman to
travel outside her country. In none of this cases is the man a husband or
the woman a wife in the real sense, rather he is a husband on paper only! It
is not more than ink on paper. This is a kind of toying with the rulings of
sharee’ah. It is not permissible to do it or to take part in it, and it is
essential to try to stop it when the aim is to achieve some haraam purpose,
such as the one who does that in order to get residency in a non-Muslim
country. 

The same may be said with regard to divorce. It is a shar’i
ruling and it is not permissible for anyone to take it lightly or to toy
with its rulings. They call that a divorce on paper. 

These people should all realize that they are sinning by
doing this. Allaah has not prescribed marriage and divorce so that the wife
might be a name on the contract with no rulings and rights. They should
realize that the rulings come into effect merely by virtue of the contract
being done, if the conditions and essential parts of it are fulfilled, and
that if any of these are missing it is invalid, and that divorce from the
husband takes place if the words are merely uttered. There is no such thing
in sharee’ah as marriage on paper and divorce on paper. The sin is further
compounded if it is done in order to do something that is haraam in the
first place, such as one who uses it to avoid giving people their rights or
paying debts to them, or if a woman uses it to get help given to divorcees
by a state or institution, or so that she can live in a non-Muslim state
where it is not permissible for her to reside, and other invalid, haraam
aims. 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him)
said: 

The Lawgiver forbids treating the Verses (Laws) of Allaah as
a jest (al-Baqarah 2:231) and forbids a man to speak of the Verses of Allaah
which are binding contracts except in a serious manner as they are meant to
be. Hence it is forbidden to take them lightly and or to marry a divorced
woman in order to divorce her so that it will be permissible for her to go
back to her first husband. This is indicated by the verse in which He says
(interpretation of the meaning): “And treat not the Verses (Laws) of
Allaah as a jest” [al-Baqarah 2:231], and by the words of the Prophet
(peace and blessings of Allaah be upon him): “What is the matter with
people who toy with the sacred limits of Allaah and make a mockery of His
verses (laws), (and say), I divorce you, I take you back, I divorce you, I
take you back?” It should be understood that toying with them is haraam. End
quote. 

Al-Fataawa al-Kubra (6/65). 

Based on this: 

If a man marries a woman who is permissible for him, and it
is done in accordance with the conditions prescribed in sharee’ah, with the
essential parts being fulfilled and in the absence of any impediments, then
it is a valid marriage with all that that implies. 

If a man divorces his wife verbally, it counts as a divorce,
even if he does not intend it as such. 

As for a written divorce that is not uttered out loud, that
is subject to further discussion as explained in the answer to question no.
72291. 

Secondly: 

Marrying that European woman for the purpose of obtaining
residency and then divorcing her is a haraam action. We have quoted the
fatwa of Shaykh ‘Abd al-‘Azeez ibn Baaz prohibiting such actions in the
answer to question no. 2886. This applies if he marries her without
fulfilling the conditions of marriage, such as if he marries her without a
guardian, or if there is any impediment to the validity of the marriage,
such as if she is a zaaniyah who has not repented, or she is not one of the
people of the Book (i.e., Jewish or Christian), in which case marriage to
her is haraam and is invalid. 

If he marries her in a marriage that fulfils all the
necessary parts and  conditions, and is free of any impediments, then his
marriage is valid with all that that implies, but his intention is
forbidden.  

Thirdly: 

These reprehensible actions of obtaining a divorce paper for
the first wife and marrying another woman for the purpose of obtaining
residency, then divorcing her, include two other things that are haraam: 

1 – Trickery, lying and giving false witness, because it is
deceiving the state and tricking it in order to obtain nationality, which is
haraam. 

2 – He wants to do the divorce and marriage on paper in order
to get residency in a kaafir country, but in our religion it is forbidden to
settle among the kuffaar unnecessarily, because of the great danger that
this poses to one’s religious commitment and morals, and to the individual
and the family. 

It was narrated from Jareer ibn ‘Abd-Allaah (may Allaah be
pleased with him) that the Prophet (peace and blessings of Allaah be
upon him) said: “I disavow any Muslim who settles among the mushrikeen.”
Narrated by Abu Dawood (2645) and classed as saheeh by al-Albaani in
Saheeh Abi Dawood. 

This has also been discussed in the answer to question no.
27211. 

What we advise our brothers to do is to fear Allaah, may He
be exalted, with regard to shar’i contracts and not to use them as means to
worldly ends, and to refrain altogether if the purposes are haraam. They
should fear Allaah with regard to their wives and children, and think about
the great hardship that their actions may lead to, or the deprivation of
rights and other negative consequences that may result from doing these
contracts in this corrupt manner.  

And Allaah knows best.

Islam Q&A

 

 

Islam Question and Answer - She insulted him and his family, so he divorced her three times

She insulted him and his family, so he divorced her three times

I am a Tunisian man. I knew a girl from Tunisian origin but has French nationality. She used to imitate westerners in the way they dress and deal with others. I urged her to pray and wear hejab, and I found that she responds. After she wore the hejab I proposed to her. Few months after our engagement she returned to her previous way, and said to me that she will pray and wear hejab after marriage. I married her thinking that she will be better after marriage and being away from the bad companions. I always was reminding her of Islam. Her mother used to say to her, and still is saying: “you still young, live your life to its full, it is not the time to pray and wear hejab now”. I used to stay patient when she insults me all the time.  


Now my wife is in France. She is eight months pregnant. And I am in Tunisia; I left my job and waiting to get the visa to join her there.  


I am jealous for my religion. I want her to leave all the strange habits she used to do and to return to her mind, but she insists on what she is doing. I had enough of this; so we had a problem over the phone. She insulted me, my mother and all my family using words I have never used in my life.  


In a second of anger I said to her in French: “you are divorced, you are divorced, you are divorced” this time I had the intention of giving her a final divorce.  


I am very confused. Please tell me what I should do. We are expecting a baby! I know I said this due to my rashness. Allah decreed and what he decreed has happened. I am waiting for your answer.

 

Praise be to Allaah.

Firstly: 

It is a grave error for a man to hasten to utter the word of
divorce, because that may lead to the breakdown of his family when he does
not intend it to. Allaah has not prescribed divorce to be a means of venting
anger, rather He had prescribed it to be used by a man at times when he
wants to end a marriage where there is a reason for doing so. 

Based on that, you should guard your tongue and resist
uttering the word of divorce at times of anger and of contentment. 

Secondly: 

When a man utters divorce in anger, one of three scenarios
must apply: 

1 – His anger is mild in the sense that it does not affect
his will and choice. In this case his divorce is valid and counts as such. 

2 – His anger is so intense that he does not know what he is
saying and is unaware of it. This divorce does not count as such because he
is like the insane man who is not held accountable for what he says. 

Concerning these two scenarios there is no difference of
opinion among the scholars. There remains the third scenario which is: 

3 – Intense anger which affects a man’s will and makes him
say words as if he is compelled to do so, but he regrets it as soon as his
anger dissipates, and it does not reach a level where he does not realize
what he is doing and has no control over his words or actions. The scholars
differed concerning the ruling on this type of anger. The most correct view
– as Shaykh Ibn Baaz (may Allaah have mercy on him) said – is that it does
not count as a divorce either, because the Prophet (peace and blessings
of Allaah be upon him) said: “There is no divorce and no manumission at the
time of coercion.” Narrated by Ibn Majaah (2-46); classed as saheeh by
al-Albaani in al-Irwa’ (2047). The scholars interpreted coercion as
meaning compulsion and intense anger. 

This view was favoured by Shaykh al-Islam Ibn Taymiyah (may
Allaah have mercy on him) and his student Ibn al-Qayyim, who wrote a famous
essay on the topic entitled Ighaathat al-Lahfaan fi Hukm Talaaq
al-Ghadbaan. 

See also the answer to question no.
45174. 

Based on this, if your anger reached this level and this is
what made you utter the words of divorce, and were it not for this anger you
would not have divorced her, then the divorce does not count as such in that
case. 

Thirdly: 

If a man says to his wife: ‘You are divorced, you are
divorced, you are divorced” or “You are thrice divorced”, this counts as a
single divorce (talaaq). This is the view favoured by Shaykh al-Islam Ibn
Taymiyah (may Allaah have mercy on him) and his student Ibn al-Qayyim. Among
contemporary scholars it was regarded as most correct by Shaykh Ibn
‘Uthaymeen (may Allaah have mercy on him). See al-Sharh al-Mumti’
(13/42). 

And Allaah knows best.

Islam Q&A

 

 

Islam Question and Answer - He said to his brother-in-law “Your sister is divorced.” Has divorce taken place?

He said to his brother-in-law “Your sister is divorced.” Has divorce taken place?

Does divorce take place if my husband says to my brother “Your sister is divorced”?.

 

Praise be to Allaah.

If the husband says to his
brother-in-law “Your sister is divorced”, referring to his wife, then it is
as if he said “My wife is divorced” so divorce does take place. It is not a
condition of divorce that it should take place before the wife or in her
hearing. See the answer to question no.
31778. 

The divorce that takes
place in this case is a single talaaq, so the husband can take his wife back
during the ‘iddah, if this is the first or second talaaq. 

And Allaah knows best.

Islam Q&A

 

Islam Question and Answer - Is a divorce done by the judge valid?

Is a divorce done by the judge valid?

Is a divorce (talaaq) or annulment of marriage (faskh) done by a judge in a civil, non-sharee’ah court valid, in a case where the husband or wife approached the court which rules according to man-made laws to deal with the demand or request to end the marriage contract, because there is no Islamic qaadi?

 

Praise be to Allaah.

 From the fatwas of Shaykh Muhammad ibn Saalih al-‘Uthaymeen for al-Daw’ah magazine, issue no. 1762, p. 37  

 

 

Islam Question and Answer - Does touching with desire count as taking back a divorced wife?

Does touching with desire count as taking back a divorced wife?

For about 2 years now my husband and I have been having extreme marry difficulties, the problems have gotten soo bad that it has ended up in 2 divorces, the first divorce he took me back (having intercourse with me), the second divorce he just touched me (without having intercourse),but the touch was in a romatic way. He claims that I am still divorced, because he says that he has to have actual intercourse with me, I have passed one period, so he says that I have 2 more left and my iddah is over, is he right? or did he take me back even though he did not have intercourse with me he just touched me?.

 

Praise be to Allaah.
 

 

Firstly: 

Taking back the wife during the ‘iddah period is a right
which sharee’ah gives to the husband. If he wants, he may take her back and
if he wants, he may leave his wife until the ‘iddah period is over. Allaah
says (interpretation of the meaning): 

“And their husbands have the better right to take them
back in that period, if they wish for reconciliation”

[al-Baqarah 2:228] 

So Allaah has given the husbands of divorced women the right
to take them back during this period [i.e., the ‘iddah] if they intend
reconciliation thereby. 

This taking back may be achieved in two ways: by word or by
deed. 

Taking the wife back by word means saying, for example, “I
take back my wife” or “I am keeping my wife,” etc., or saying to her: “I
take you back,” or “I am keeping you,” etc. 

Taking back is achieved by means of these phrases, according
to the consensus of the fuqaha’. 

Writing may take the place of speaking, and a gesture may
take its place on the part of one who is unable to speak these words, such
as one who is mute. 

Taking the wife back by deed means intercourse, so long as
that is with the intention of reconciliation. 

Shaykh ‘Abd al-Rahmaan al-Sa’di said: 

If the husband had divorced her with a
revocable talaaq, then if the ‘iddah is over she is not permissible for him
unless a new marriage contract is done, fulfilling all necessary conditions.
If the ‘iddah is not yet over, and if the intention behind intercourse is
reconciliation, then this is taking her back and intercourse is permissible.
If there is no intention of reconciliation then according to the madhhab
this means that he has taken her back, but according to the correct view
this does not mean that he has taken her back, therefore intercourse is
haraam. 

Al-Irshaad ila Ma’rifat al-Ahkaam. 

Based on this, then your husband’s merely touching you is not
regarded as him taking you back. 

See also the answer to question no.
11798. 

This is the view of the majority of scholars (including Imam
Maalik, al-Shaafa’i and Ahmad), that taking back the wife is not achieved by
merely touching with desire. But Imam Maalik said: Taking back is achieved
by touching with desire if the intention is to take the wife back. So long
as your husband says that he that he did not intend to take you back, then
he did not take you back by doing that. 

See al-Mughni, 7/404; al-Mawsoo’ah al-Fiqhiyyah,
13/187. 

Secondly: 

With regard to the ‘iddah of a woman divorced by a revocable
talaaq, it is three menstrual cycles for women who menstruate, so there are
two cycles left for you as your husband said, then your ‘iddah will be over.
If he took you back during this time then this divorce is counted as one of
the three talaaqs, and he has to bring people to witness that he is taking
you back. So he has one talaaq left, and if he does not take you back during
the ‘iddah period then you are divorced from him, and it is not permissible
for him to go back to you except with a new marriage contract and a new
‘iddah, and the marriage cannot be completed except with your consent and
the agreement of your wali (guardian). 

And Allaah knows best.

Islam Question and Answer - He thought about divorcing his wife and uttered the words to himself in a low voice

He thought about divorcing his wife and uttered the words to himself in a low voice

I had an argument with my wife. Her mother and her made me very angry, I was in a very bad mood, and I was in the same state for a number of days. While in this state and on my way to the masjid I imagined that we returned to Egypt and that we were amongst a group of people and I said to her: “you are divorced, divorced, divorced” I said this quietly. This situation happened again, but in the second situation I said: “I will please you, you are divorced” I do not know if my lips moved or not when I said that. One or two days later, I realized what I have done and felt like this has happened three or four times, but I do not remember except the above mentioned two situations. I have divorced her once few years ago: “you are divorced” she was on her period then. Please bear in mind that I suffer from the lack of concentration, and it is in my nature that I talk a lot to myself if I am concerned about something, this might be aloud. Please guide and advise me.

 

Praise be to Allaah.

Firstly: 

In the case of clear
divorce, such as when a man says “You are divorced” or “My wife is divorced”
it is not essential that there be the intention of divorce. It counts as
such even if one did not intend it, but it is essential that the person
should intend to utter the words and understand the meaning of them. Hence
if one who is asleep or who utters the word of divorce absentmindedly,
without intending to utter them, his divorce does not count as such. The
same applies if a non-Arabic-speaker utters the word of divorce (talaaq)
without knowing its meaning – it does not count as a divorce. 

Based on this, what you
have mentioned about your imagining a meeting with your family and issuing a
divorce to her twice, and this happening three or four times, and your
saying that in a low voice, does not count as divorce, because it was either
something that you thought of to yourself, which is forgiven, or you did not
intend to utter the word of divorce and make it happen at that moment, and
you were only thinking of what would happen in the future, but you did not
want to issue a divorce at that moment, especially since you mentioned that
you suffer from lack of concentration and absentmindedness, and that when
you are worried about something you talk about it to yourself, and that may
be in a loud voice. 

With regard to your
divorcing her when she was menstruating, this is a haraam divorce according
to scholarly consensus; you have to repent from it and resolve not to do it
again. If you consulted a scholar at that time to ask whether it counted as
divorce or not, you should follow the fatwa he gave you. 

And Allaah knows best.

Islam Q&A

 

 

Islam Question and Answer - He swore by something other than Allaah that he would divorce his wife

He swore by something other than Allaah that he would divorce his wife

What is the ruling on one who swears by something other than Allaah that he would divorce his wife?.

 

Praise be to Allaah.

Swearing by anything other than Allaah, such as the Ka’bah or
the Prophet (blessings and peace of Allaah be upon him) or any righteous
person or by the head of so and so or by the honour of so and so -- all of
that is shirk, as it says in the saheeh hadeeth: “Whoever swears by anything
other than Allaah has committed shirk.” and the Prophet (blessings and peace
of Allaah be upon him) said: “Do not swear by your fathers or by the rivals
(of Allaah), and do not swear by Allaah unless you are speaking the truth.” 

If a person swears by anything other than Allaah, he is not
obliged to fulfil his oath, because it is an oath that is not to be
honoured. The words of the questioner are general and open to different
interpretations. If you meant what I have mentioned above, then he is not
obliged to do anything, whether it is offering expiation or anything else,
and he is not obliged to go ahead with the divorce. But if what the
questioner meant was swearing to divorce, such as saying: If you speak to so
and so, then you are divorced, or If I do such and such, then my wife is
divorced -- this is a matter concerning which the scholars differed. Some of
them say that divorce takes place for the one who breaks this oath. Some of
them say that if the intention of the one who swears the oath is to prevent
himself or someone else from doing a certain action, or encouraging a
certain action, then his divorce does not take place and he has to offer
expiation. This is the view which was approved of and favoured by Shaykh
al-Islam Ibn Taymiyah (may Allaah have mercy on him), and it has been expressed in fatwas by many of the modern scholars, including our Shaykh, ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him). And Allaah knows best. May Allaah send blessings and peace upon our Prophet Muhammad. 

 

From Fataawa al-Shaykh ‘Abd al-Rahmaan ibn Naasir al-Barraak (Majallat al-Da’wah, 49)

 

Islam Question and Answer - He made the divorce of his wife conditional upon her doing something then he gave her permission to do it

He made the divorce of his wife conditional upon her doing something then he gave her permission to do it

My wife wanted to do something, and at that time I was angry so I said to her: If you do this thing then you are divorced, because it was not the right time for her to do that thing. After a little time passed, and after my anger abated, I gave her permission to do that thing, and when the time came to do it, she did it. Has divorce taken place, or did my allowing her to do it after that cancel it out?.

 

Praise be to Allaah.

The fact that you gave her permission does not cancel out
the divorce which you swore would take place or that you made conditional
upon this stipulation that you mention. Going back on your word does not
help you at all, and the divorce remains in effect, if she did what you
wanted to prevent her from doing. If what you intended by divorce was only
to stop her doing it and you did not intend to make her divorce
conditional upon it, then you have to offer expiation for breaking an oath
(kafaarat yameen), because this is the same as an oath. 

But if your intention behind what you mentioned was to make
divorce conditional upon her doing this thing, then divorce has taken place,
if she did that on which it was made conditional. 

If there were no previous divorces after which this would
bring the total to three, then it is a revocable divorce and the husband has
the right to take her back so long as the ‘iddah has not yet ended. But if
there were previous divorces and this is the third, then it is an
irrevocable divorce and she is not permissible to him until she has been
married to another husband. End quote. 

And Allah knows best.

 

Islam Q&A

Islam Question and Answer - He had the problem of waswaas suggesting divorce one day after doing the marriage contract

He had the problem of waswaas suggesting divorce one day after doing the marriage contract

My question is about waswaas suggesting divorce. I did the marriage contract with a girl and I love her very much, but one day after the marriage contract, the Shaytaan whispered to me during my prayer suggesting that I should divorce her, and also when I was at work or at home or in the bathroom or sleeping. One day I was watching satellite TV and there was a video clip showing married life, and it was about the problems between a man and his wife. The man said: You are divorced, and I repeated it, you are divorced, in an audible voice, without knowing or realising. Allaah knows best my intention. I said it without realising, and there is nothing in my intention towards my wife except goodness and love and compassion. What is the Islamic ruling in this case with regard to what I said? Does it count as a divorce or not? What is the remedy for this waswasah?.

 

Praise be to Allaah.

We ask Allaah to grant you healing and well-being. 

The divorce that you mention does not count as such. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: If
a person is affected by waswasah, his divorce does not count as such even if
he utters it out loud, if he did not intend to say it, because this phrase
may be uttered by one who is affected by waswasah without him intending or
wanting to say it; indeed it may be forced upon him because of the strength
of the waswasah and his weakness to resist. The Prophet (blessings and peace
of Allaah be upon him) said: “These is no divorce in the case of
compulsion.” The divorce does not count as such, because he did not really
intend it with complete peace of mind. This is something that is being
forced upon him without any intention or choice on his part, so it does not
count as a divorce. End quote from Fataawa Islamiyyah, 3/277. 

The remedy for waswasah is dhikr or remembrance of Allaah,
and ignoring it. This has been explained in the answer to questions number
41027 and
10160. 

Shaykh al-Islam [Ibn Taymiyah] (may Allaah have mercy on him)
said in Dar’ al-Ta’aarud (3/318): This waswasah may be dispelled by
seeking refuge with Allaah and by ignoring it. So if the waswasah says: You
did not wash your face, he should say: Yes I did wash my face. If it occurs
to him that he did not form the intention or say takbeer, he should say in
his heart: Yes I did form the intention and say takbeer. He should remain
steadfast in following the truth and ward off any waswasah that is contrary
to it. When the shaytaan sees his strength and steadfastness in following
the truth, he will go away from him, otherwise if he sees that he is
receptive to doubts and specious arguments and that he responds to waswasah
and passing thoughts, he will bring against him more than he can resist and
his heart will become receptive to what the devils among mankind and the
jinn put in his mind of ideas and the waswas will move from one thing to
another until the Shaytaan leads him to doom. End quote. 

So ignore the waswasah and do not pay any attention to it,
and it will disappear from you by Allaah’s leave. 

And Allaah knows best.

 

Islam Q&A

Islam Question and Answer - If a person makes divorce conditional upon something, then he does that thing by mistake or because he is forced to

If a person makes divorce conditional upon something, then he does that thing by mistake or because he is forced to

I intended that if I did a certain thing, my wife would be divorced with the actual intention of divorce. If I do this thing under compulsion, does divorce take place? If I do this thing repeatedly, does divorce take place each time?.

 

 

Praise
be to Allaah.

If the matter is limited to the mere intention of divorce,
and it was not spoken out loud, then no divorce takes place. 

Ibn Qudaamah (may Allaah have mercy on him) said (7/373):
Divorce does not take place unless the word of divorce is uttered, except in
two cases: the first of which is that of a person who is not able to speak,
such as a mute, if he divorces by means of gestures, in which case his wife
is divorced. This is the view of Maalik, al-Shaafa’i and ashaab al-ra’y, and
we do not know of anyone who disagreed with them. The second case is if he
wrote the word of divorce. If he intended it as such, then his wife is
divorced. This is the view of al-Sha’bi, al-Nakha’i, al-Zuhri, al-Hakam, Abu
Haneefah, Maalik and al-Shaafa’i. End quote. 

But if you uttered the word of divorce and made it
conditional upon doing a specific thing with the intention of divorce, then
divorce takes place when that thing is done, unless you did it as the result
of forgetfulness or because you were forced to do it, in which case divorce
does not take place. 

Ibn Hajar al-Haytami said in al-Fataawa al-Fiqhiyyah
al-Kubra (4/178): If a person swears an oath to divorce or do something
else if he does  a certain thing, then he does it by mistake, forgetting
that condition, or he remembers it but is forced to do that thing, or he
chooses to do it due to ignorance of the condition but not the ruling, then
he has not broken his oath, because of the report mentioned above (“Allaah
has forgiven my ummah for mistakes, forgetfulness and what they are forced
to do”). In other words, He will not call them to account for any of these
three things, so long as there is no evidence to the contrary such as
compensation for damaged property. Doing the action in these cases is like
not doing it. End quote. 

If what you mean by compulsion is that you were forced to do
that action, then divorce has not taken place, but if you are not forced to
do it, then divorce has taken place. 

If divorce did not take place because of forgetfulness or
compulsion, then the conditional divorce remains as is, and if you do that
thing later on, then divorce will have taken place. 

But does divorce take place every time you do it? That
depends on the wording that you uttered. If you said, “If I do such and such
my wife is divorced,” then divorce has taken place only once. But if you
said: “Every time I do such and such, my wife is divorced,” then divorce is
repeated when the action is repeated. 

But if you did not say anything and it was only a matter of
intention, then no divorce has taken place at all, as stated above. 

And Allaah knows best.

Islam Q&A

 

Islam Question and Answer - He divorced her and took her back three times during pregnancy

He divorced her and took her back three times during pregnancy

I am a young woman; my husband divorced me when I was one month pregnant, then he took me back one month after the divorce. Then we had some marital problems and he divorced me again, when I was six months pregnant. Then he took me back after that, then he divorced me when I was eight months pregnant. What is the ruling on divorce in this case?.

 

Praise be to Allaah.

Divorce (talaaq) during pregnancy is a valid divorce and
counts as such. If a man divorces his wife when she is pregnant, then her
‘iddah lasts until she gives birth, and he may take her back during her
pregnancy. If he divorces her a second time during the pregnancy, the
divorce counts as such. If he takes her back then divorces her again
during the pregnancy, this also counts as such and she becomes irrevocably
divorced from him, so she is not permissible for him until she has been
married to another husband. 

What is commonly thought by some people is that divorce of a
pregnant woman does not count as such, but there is no basis for that. 

Ibn ‘Abbaas (may Allah be pleased with him) said: If a man
divorces his wife once or twice when she is pregnant, then he has more right
to take her back so long as she has not given birth. This is what Allah says
(interpretation of the meaning): “and it is not lawful for them to
conceal what Allaah has created in their wombs, if they believe in Allaah
and the Last Day” [al-Baqarah 2:228]. This was narrated by Ibn Jareer
al-Tabari in his Tafseer, 2/448, and by al-Bayhaqi, 7/367 

Shaykh Ibn Baaz (may Allah have mercy on him) was asked: Is
it permissible to divorce a pregnant wife or not? 

He replied: There is nothing wrong with divorcing a pregnant
wife. The Prophet (blessings and peace of Allah be upon him) said to
‘Abd-Allah ibn ‘Umar, when he divorced his wife when she was menstruating:
“Take her back and keep her until she becomes pure, then menstruates, then
becomes pure, then menstruates, then divorce her if you wish when she is
pure before you are intimate with her or she is pregnant.” End quote from
Fataawa Islamiyyah. 

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
What is strange is that some of the common folk think that divorce during
pregnancy does not count as such, but I do not know where they get this
idea. Divorce during pregnancy does count as such; even if a man were to
have intercourse with her when she was pregnant and divorce her before doing
ghusl from janaabah, the divorce would count as such. So divorce of a
pregnant woman is one of the most certain kinds of divorce. End quote from
al-Liqa’ al-Shahri, 3/495 

And Allah knows best.

 

Islam Q&A

 

Islam Question and Answer - Can ahaad hadeeths be accepted with regard to ‘aqeedah?

 

Can ahaad hadeeths be accepted with regard to ‘aqeedah?

I heard someone say that ‘aqeedah cannot be proven by means of ahaad hadeeths, because they are based on probability and not based on certainty. What is your response to that?.

 

Praise be to Allaah.

Our response to the one who thinks that ‘aqeedah cannot be
proven on the basis of ahaad hadeeths because they are based on
probability or speculation and ‘aqeedah cannot be based on speculations
is: This opinion is not correct, because it is based on something that is
not correct. That is for a number of reasons: 

1.    
The idea that ahaad hadeeths
are based on probability or speculation does not apply in all cases; there
are some ahaad hadeeths that are based on certainty if there is corroborated
evidence to confirm them, such as if the ummah accepted them. An example is
the hadeeth of ‘Umar ibn al-Khattaab (may Allah be pleased with him),
“Actions are but by intentions…” It is an ahaad hadeeth, but despite that we
know that the Prophet (blessings and peace of Allah be upon him) said it.
This is what was confirmed by Shaykh al-Islam Ibn Taymiyah, al-Haafiz ibn
Hajar and others.

2.    
The Prophet (blessings and
peace of Allah be upon him) used to send individuals with basic teachings of
‘aqeedah - testimony that there is no God but Allah and that Muhammad is the
Messenger of Allah - and the fact that he sent them is binding proof. For
example, he sent Mu‘aadh to Yemen, and the fact that he sent him is regarded
as binding proof for the people of Yemen that they were obliged to accept
him.

3.    
If we say that matters of
‘aqeedah cannot be proven on the basis of ahaad reports, then it is possible
to say that practical rulings cannot be proven on the basis of ahaad
reports, because practical rulings are accompanied by the belief that Allah
enjoined this and forbade that. If this opinion is accepted, then many of
the rulings of sharee‘ah would be rendered invalid. If this idea is rejected
then the idea that ‘aqeedah cannot be proven on the basis of ahaad reports
should also be rejected, because there is no difference between the two, as
we have explained.

To sum up: If an ahaad report is supported by corroborating
evidence which indicates that this is true, then it becomes part of
knowledge and rulings of practice and belief may be established. There is
nothing to indicate that there should be any differentiation between the
two. Any person who suggests that any of the imams differentiated between
them has to prove that with a sound chain of narration from that imam, then
he has to explain his evidence.

4.    
Allah, may He be exalted, has
enjoined referring to the people of knowledge for the one who is unaware of
what is one of the most important issues of ‘aqeedah, which is Prophethood.
Allah says (interpretation of the meaning):

“And We sent not (as Our Messengers) before you (O
Muhammad) any but men, whom We sent Revelation, (to preach and invite
mankind to believe in the Oneness of Allaah). So ask (you, O pagans of
Makkah) of those who know the Scripture [learned men of the Taurat (Torah)
and the Injeel (Gospel)], if you know not.

44. With clear signs and Books (We sent the Messengers)”

[al-Nahl 16:43, 44] 

This includes asking one or many. End quote. 

Shaykh Muhammad ibn ‘Uthaymeen (may Allah have mercy on him) 

 

Fataawa al-‘Aqeedah, p. 18.

Islam Question and Answer - Meaning of our saying that a hadeeth was “narrated by the two Shaykhs”

Meaning of our saying that a hadeeth was “narrated by the two Shaykhs”

What does it mean when we say (a hadeeth was) “narrated by the two Shaykhs”? Who are they?.

 

Praise be to Allaah.

What is meant by “the two shaykhs” is Imam al-Bukhaari and
Imam Muslim (may Allaah have mercy on them). 

Al-Bukhaari is Muhammad ibn Ismaa’eel al-Bukhaari (d. 256
AH). He wrote a book, Saheeh al-Bukhaari, in which he compiled a
number of saheeh ahaadeeth from our Prophet (peace and blessings of
Allaah be upon him). 

Muslim is Muslim ibn al-Hajjaaj al-Nisaboori (d. 261 AH). He
is the author of Saheeh Muslim. These two books – Saheeh
al-Bukhaari and Saheeh Muslim – are the soundest books of
ahaadeeth from our Prophet (peace and blessings of Allaah be upon
him). 

If it is said of a hadeeth that it was “narrated by the two
Shaykhs”, what is meant is that it was narrated by al-Bukhaari and Muslim in
their Saheehs. The same applies if it says “agreed upon,” i.e.,
al-Bukhaari and Muslim both agreed on its narration. 

Al-Nawawi (may Allaah have mercy on him) said in the
introduction to Sharh Muslim (1/14): The scholars (may Allaah have
mercy on them) are agreed that the soundest of books after the Holy Qur’aan
are al-Saheehayn, i.e., the two Saheehs of al-Bukhaari and
Muslim, and the ummah accepted that from them. The book of al-Bukhaari is
the sounder and more useful of the two. End quote. 

And Allaah knows best.

Islam Q&A

 

Islam Question and Answer - A fabricated hadeeth for which we could find no basis

A fabricated hadeeth for which we could find no basis

I heard from one of the Shaykhs that the Messenger of Allaah (peace and blessings of Allaah be upon him) was sitting among his companions when a man walked in front of them carrying a bag of grain. When the Prophet (peace and blessings of Allaah be upon him) saw him he smiled. After a while the man came back, and the Messenger of Allaah (peace and blessings of Allaah be upon him) said tasbeeh fervently. The Sahaabah (may Allaah be pleased with them) asked him about that man and he (peace and blessings of Allaah be upon him) said: This man was going to his field to sow the grain and wait for months until it grew, then wait for a while before it produced grains and he could harvest it. The reason why I smiled is that he had only seven days left in this world. Then he passed by on his way to see his sister who is the mother of orphans and he found them in a bad way so he gave them the bag of grain that he had, and said to himself: Allaah will provide for me. And Allaah added seventy years to his lifespan. 


My question is: 


Is this story true? If it is true, where can I find its source? 

 

Praise be to Allaah.

This story has no basis,
and we could not find it after a lengthy search. 

And Allaah knows best.

Islam Q&A

 

 

Islam Question and Answer - Hadeeth

Hadeeth

Why are the words of the Prophet (peace and blessings of Allaah be upon him) counted as proof?

 

Praise be to
Allaah.

Hadeeth means the words, actions, approval
or attributes that have been narrated from the Messenger

(peace and blessings of Allaah be upon him). 

A hadeeth may either confirm things that are
mentioned in the Qur’aan, such as prayer, zakaah, etc., or it may give
details of things that are mentioned in the Qur’aan in general terms,
such as the numbers of rak’ahs in each prayer, the thresholds for paying
zakaah, the details of Hajj, etc. It may also explain rulings which
are not mentioned in the Qur’aan, such as the prohibition on being married
to a woman and her (paternal or maternal) aunt at the same time. 

Allaah revealed the Qur’aan to His Messenger
Muhammad

(peace and blessings of Allaah be upon him) and commanded him to explain
it to the people, as He said (interpretation of the meaning): 

“And We have also sent down unto
you (O Muhammad) the Dhikr [reminder and the advice (i.e. the Qur’aan)],
that you may explain clearly to men what is sent down to them, and that
they may give thought”

[al-Nahl 16:44] 

The hadeeth of the Messenger

(peace and blessings of Allaah be upon him) is a revelation (wahy)
from his Lord. Allaah says (interpretation of the meaning): 

“Your companion (Muhammad) has neither
gone astray nor has erred.

Nor does he speak of (his own) desire.

It is only a Revelation revealed”

[al-Najm 53:2-4] 

Allaah sent His Messenger Muhammad

(peace and blessings of Allaah be upon him) to call mankind to worship
Allaah alone, and to disbelieve in any (god) apart from Him, and (He
sent him) to bring the glad tidings of Paradise and warnings of Hell: 

“O Prophet (Muhammad)! Verily, We
have sent you as witness, and a bearer of glad tidings, and a warner,

And as one who invites to Allaah [Islamic Monotheism,
i.e. to worship none but Allaah (Alone)] by His Leave, and as a lamp
spreading light (through your instructions from the Qur’aan and the
Sunnah the legal ways of the Prophet)

[al-Ahzaab 33:45-46 – interpretation of the meaning] 

The Messenger

(peace and blessings of Allaah be upon him) was anxious over this ummah;
he did not know of anything good but he told them of it, and he did
not know of anything evil but he warned them against it: 

“Verily, there has come unto you
a Messenger (Muhammad) from amongst yourselves. It grieves him that
you should receive any injury or difficulty. He (Muhammad) is anxious
over you; for the believers (he is) full of pity, kind, and merciful”

[al-Tawbah 9:128 – interpretation of the meaning] 

Every Prophet was sent only to his own people,
but Allaah sent His Messenger Muhammad

(peace and blessings of Allaah be upon him) to all of mankind: 

“And We have sent you (O Muhammad)
not but as a mercy for the ‘Aalameen (mankind, jinn and all that exists)”

[al-Anbiyaa’ 21:101 – interpretation of the meaning] 

Because the Messenger

(peace and blessings of Allaah be upon him) conveyed the revelation
that was sent down to him from His Lord, it is obligatory to obey him.
Indeed, obedience to him is obedience to Allaah: 

“He who obeys the Messenger (Muhammad),
has indeed obeyed Allaah”

[al-Nisaa’ 4:80 – interpretation of the meaning] 

Obedience to Allaah and His Messenger is the
way to salvation and victory, and to happiness in this world and in
the Hereafter: 

“And whosoever obeys Allaah and
His Messenger, he has indeed achieved a great achievement (i.e. he will
be saved from the Hell‑fire and will be admitted to Paradise)”

[al-Ahzaab 33:71 – interpretation of the meaning] 

Hence it is obligatory for all people to obey
Allaah and His Messenger, because therein lies their success and salvation: 

“And obey Allaah and the Messenger
(Muhammad) that you may obtain mercy”

[Aal ‘Imraan 3:132 – interpretation of the meaning] 

Whoever disobeys Allaah and His Messenger
only harms himself, he does not harm Allaah in the slightest: 

“And whosoever disobeys Allaah and
His Messenger (Muhammad), and transgresses His limits, He will cast
him into the Fire, to abide therein; and he shall have a disgraceful
torment”

[al-Nisaa’ 4:14 – interpretation of the meaning] 

Once Allaah and His Messenger have decided
a matter, no one has the right to choose concerning that or to object
to it; rather it is obligatory to obey and to believe in the truth: 

“It is not for a believer, man or
woman, when Allaah and His Messenger have decreed a matter that they
should have any option in their decision. And whoever disobeys Allaah
and His Messenger, he has indeed strayed into a plain error

[al-Ahzaab 33:36 – interpretation of the meaning] 

A person's faith is not complete until he
loves Allaah and His Messenger, and love implies obedience. Whoever
wants Allah to love him and forgive his sins must follow the Messenger

(peace and blessings of Allaah be upon him): 

“Say (O Muhammad to mankind): ‘If
you (really) love Allaah, then follow me (i.e. accept Islamic Monotheism,
follow the Qur’aan and the Sunnah), Allaah will love you and forgive
you your sins. And Allaah is Oft-Forgiving, Most Merciful’”

[Aal ‘Imraan 3:31 – interpretation of the meaning] 

Love of the Messenger

(peace and blessings of Allaah be upon him) is not simply the matter
of words to be repeated, rather it is the matter of belief and conduct,
i.e., obedience to what he commands, belief in what he tells us, avoidance
of what he forbids, and avoidance of worshipping Allaah in any way except
that which he prescribed. 

When Allaah had perfected this religion and
the Messenger had conveyed the message of his Lord, Allaah took him
to be with Him. The Messenger

(peace and blessings of Allaah be upon him) left this ummah with clear
proof in which there is no ambiguity. No one deviates from it but he
is doomed: 

“This day, those who disbelieved
have given up all hope of your religion; so fear them not, but fear
Me. This day, I have perfected your religion for you, completed My Favour
upon you, and have chosen for you Islam as your religion”

[al-Maa'idah 5:3 – interpretation of the meaning] 

By the grace of Allaah, the Sahaabah (may
Allaah be pleased with them) preserved the ahaadeeth of the Messenger

(peace and blessings of Allaah be upon them), then the righteous salaf
who came after them compiled them in books which are known as the Sihaah
(Saheehs), Sunan and Musnads. The most sound of
them are Saheeh al-Bukhaari, Saheeh Muslim, the
four Sunans, the Musnad of Imaam Ahmad and the Muwatta’
of Imaam Maalik, etc. 

Allaah has perfected this religion. The Messenger

(peace and blessings of Allaah be upon him) did not know of anything
good but he taught it to his ummah, and he did not know of anything
evil but he warned them against it. So whoever introduces anything into
the religion,  of bid’ah (innovation) or myths, such as praying
to the dead or circumambulating (tawaaf) their tombs, or praying
to the jinn and awliya’ (“saints”), and other things that have not been
prescribed by Allaah and His Messenger, all of that is to be rejected
and not accepted, as the Prophet

(peace and blessings of Allaah be upon him) said: “Whoever innovates
something in this matter of ours (Islam) that is not a part of it will
have it rejected.” (Narrated by Muslim, 1718) 

 

From Usool al-Deen al-Islami, by Shaykh Muhammad ibn Ibraaheem al-Tuwayjri

 

Islam Question and Answer - Is it possible to trust all ahaadeeth?

s it possible to trust all ahaadeeth?

Praise be to
Allaah.

Among the ahaadeeth which are attributed
to the Prophet

(peace and blessings of Allaah be upon him), there are some which are
saheeh (sound), concerning which there is no doubt that they are the
words of the Prophet

(peace and blessings of Allaah be upon him). There are others which
are da’eef (weak) and there are doubts that they can be attributed to
him. Both saheeh and da’eef are well known to the scholars. Books of
saheeh have been compiled which include saheeh ahaadeeth such as
Saheeh al-Bukhaari and Saheeh Muslim; there are other books
which include saheeh ahaadeeth and others, like the other books of hadeeth,
The scholars have gone to great lengths to distinguish the saheeh from
others, as is well known to young students let alone those who have
specialized in the study of the Sunnah. 

 

Shaykh ‘Abd al-Kareem al-Khudayr

Islam Question and Answer - Books from which one may learn about the isnaads of the Prophet’s ahaadeeth

Books from which one may learn about the isnaads of the Prophet’s ahaadeeth

What are the books which comment on the soundness of hadeeth? 


What is the computer program which comments on the soundness of hadeeth?.

 

Praise be to Allaah.

Firstly: 

There are many books which may be used to help find out about
the soundness of hadeeth, some of which are organized by topic and others
are organized by first words, and some by the names of narrators. 

These books include Saheeh al-Jaami’ al-Sagheer and
Da’eef al-Jaami’ al-Sagheer, both by Shaykh al-Albaani (may Allaah have
mercy on him). These are organized by the first words of hadeeth, and by
alphabetical order. 

Another book is Irwa’ al-Ghaleel fi Takhreej Ahaadeeth
Manaar al-Sabeel, also by al-Albaani. This is organized by fiqhi
subjects. 

Another book is al-Talkhees al-Habeer  fi Takhreej
Ahaadeeth al-Raafa’i al-Kabeer, by al-Haafiz Ibn Hajar al-‘Aqsallaani,
and Nasab al-Raayah fi Takhreej Ahaadeeth al-Hidaayah by Haafiz
al-Zayla’i, both of which are organized by fiqhi subjects. 

Another book is Tuhfat al-Ashraaf bi Ma’rifat al-Atraaf
by al-Haafiz al-Mazzi, which is organized by the names of narrators, in
alphabetical order. When he quotes a hadeeth he mentions the imams who
narrated it, and he puts in front of the hadeeth for example (kha’ meem
ta’) i.e., it was narrated by al-Bukhaari, Muslim and al-Tirmidhi. 

Secondly: 

As for computer programs, there are many, the most useful of
which is Burnamaj al-hHdeeth al-Shareef, by the Harf company, and
Burnamaj al-Mawsoo’ah al-Dhahabiyyah li’l-Turaath, and Burnamaj
al-Mawsoo’ah al-Shaamilah. 

And Allaah knows best.

Islam Q&A

 

 

Islam Question and Answer - “Religion is how you deal with others” is not a hadeeth

Praise be to Allaah.

This is not a hadeeth from the Prophet (peace and
blessings of Allaah be upon him) and there is no basis for it in the books
of the Sunnah. 

It was mentioned by Shaykh al-Albaani (may Allaah have mercy
on him) in the introduction to the fifth volume of Silsilat al-Ahaadeeth
al-Da’eefah, p. 11. He said concerning it: There is no basis for that,
not even among the fabricated ahaadeeth! End quote. 

Shaykh Ibn Baaz (may Allaah have mercy on him) was asked
about it and he said: 

This is not a hadeeth, rather it is a saying of the people.
End quote. 

And Allaah knows best.

Islam Q&A

 

Islam Question and Answer - Is wearing an iron ring haraam for men?

Is wearing an iron ring haraam for men?

I heard that wearing an iron ring is haraam for men. I hope you can explain the matter, with evidence.

 

Praise be to Allaah.

It was narrated from ‘Abd-Allaah ibn Buraydah from his father
(may Allaah be pleased with them both) that a man came to the Messenger of
Allaah (peace and blessings of Allaah be upon him) and he was wearing a
ring of gold. He said: “Why do I detect the stench of idols on you?” So he
threw it away. Then he came and he was wearing a ring of iron, and he said:
“Why do I see you wearing the jewellery of the people of Hell?” So he threw
it away. He said: O Messenger of Allaah, of what should I wear (a ring)? He
said: “Wear (a ring) of silver, but no more than a mithqaal (a measure of
weight).” Narrated by Abu Dawood, al-Tirmidhi and al-Nasaa’i. al-Tirmidhi
said: This is a ghareeb hadeeh. It was narrated from Iyaas ibn al-Haarith
ibn al-Mu’ayqeeb that his grandfather said: The ring of the Prophet
(peace and blessings of Allaah be upon him) was made of iron overlaid with
silver. He said: I kept it sometimes, and Mu’ayqeeb  was in charge of the
ring of the Prophet (peace and blessings of Allaah be upon him).
Narrated by Abu Dawood and al-Nasaa’i. In al-Saheehayn it is narrated
from Sahl ibn Sa’d al-Ansaari (may Allaah be pleased with him) that the
Prophet (peace and blessings of Allaah be upon him) said to the one who
proposed marriage to the woman who had offered herself in marriage to the
Prophet (peace and blessings of Allaah be upon him): “Look for
something (to give as a dowry), even if it is a ring of iron.” This
indicates that it is permissible to wear a ring of iron, as is indicated by
the hadeeth of Mu’ayqeeb. As for the hadeeth of Buraydah quoted above, there
is some weakness in its isnaad. Thus it is clear that the more correct view
is that it is not makrooh to wear a ring of iron. But wearing a ring of
silver is better, because the ring of the Prophet (peace and blessings
of Allaah be upon him) was made of silver, as is proven in al-Saheehayn. 

And Allaah is the Source of strength. May Allaah send
blessings and peace upon our Prophet Muhammad and his family and companions. End quote. 

 

Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta, 24/64.