Part 22

Sef dist iby 36 etal asso OUT yy

' Recorded by Abu Dawood (#345, 346 and 349), Book on Purity, Chapter on the

gbusl for Friday; al-Tirmidhi (#496), Book on Prayer, Chapter on what has been

narrated concerning the virtues of making ghus/ on Friday. Ibn Khuzaimah (vol. 3, p. 28) and ibn Hibbaan (#559) have declared this hadith sabib.

[It should be noted that this is one (and perhaps not the Strongest) interpretation of this hadith. For a more detailed discussion of the meaning of this hadith, see this translator’s The Friday Prayer Part I: The Figh (Ann Arbor, MI: IANA, 1998, 2 edition), pp. 6465.2]

The Figh of Marriage

“If one of you is gone for a long time, he should not return - unexpectedly! to his wife at night.”? The Prophet (peace be upon him) also said, feat a wg we fk ato te TL of ota ee Hpi AEG i yb Ul BS be SUT a 1,

“Tf one of you returns at night, he should not come to his wife unexpectedly until the one whose husband has been gone can remove her pubic hairs and clean the filth from her hair by combing it.”3

Jaabir also said, “The Messenger of Allah (peace be upon him) forbade that a man returns expectedly at night to his wife, finding something that will arouse his suspicion concerning the wives or coming across some of their faults,”

Tbn Hajr explained the above hadith, stating in his commentary,

The one who rushes upon his household [unexpectedly] after a long absence without them realizing it will usually come across some displeasing aspects. He may find his wife unprepared with respect to being clean and beautified in a way that is desired from a woman and that may cause some estrangement between them. The Prophet (peace be upon him) alluded to that aspect when he said, “[until she] can remove her pubic hairs and clean the filth from her hair by combing it.” From that, he may dislike to have contact with her while she is in that state in which

' ‘The phrase used here means to return from a journey at night or at any other time ynexpectedly. See Fath al-Baari, vol. 9, B 340.

Recorded by al-Bukhari (#5244), Book on Marriage, Chapter on not comit unexpectedly to one’s wife at night if one has been gone long, lest he may fin something that will arouse his suspicion concerning the wives or he may come qcross some of their faults.

Recorded by Muslim (#715) [184], Book on Governmental Authority, Chapter on the disapproval of returning unexpectedly at night for the one who returns from a

Rav ded by Muslim (#715) [57], Chapter on Governmental Authority, Chapter on the disapproval of returning unexpectedly at night.

The Figh of Marriage

she has not cleaned herself and so he does not come upon her while she is in a state that will cause him to dislike her. Or he may come across her while she is an unpleasant state. The law tries to conceal people’s faults. The Prophet (peace be upon him) alluded to this aspect when he said, “finding something that will arouse his suspicion concerning the wives or coming across some of their faults.” Based on that, though, if someone informs his wife about when he is going to arrive and that he should be coming at such and such time, this prohibition [of coming at night] does not apply to him.!

The wife must try to make herself appealing to her husband by beautifying herself for him and making herself attractive, in order for him not to shun her. One of the wives of the Prophet (peace be upon him) said to him, “O Messenger of Allah, if a woman does not beautify herself for her husband, she will not be important to him.”? The last part means she will become a burden upon him and he will not like to look at her.

It is authentically reported that Aishah would beautify herself for the Prophet (peace be upoa him), The Prophet (peace be upon him) came upon her once and she had two silver rings. He said, “What is this, O Aishah?” She replied, “I made them in order [to wear them] to beautify myself for you, O Messenger of Allah.”3

| See Fath al-Baari, vol. 9, p. 340.

? Recorded by al-Nasaai bol 9, p. 159), Book on Beautification, Chapter on the disapproval of women Showing their jewelry and gold; Ahmad in a/-Musnad (vol. 2, p. 440), from the hadith of Abu Hurairah. [This particular hadith has been graded weak by both al-Albaani and al-Arnaoot, et al. See Muhammad Naasir al-Deen alAlbaani, Dhaeef Sunan al-Nasaai (Beirut: al-Maktab al-Islaami, 1990), p. 228; Shuaib al-Arnaaot and Aadil Murshid’s footnotes to Ahmad ibn Hanbal, Musnad alImaam {mad ibn Hanbal (Beirut: Muassasah al-Risaalah, 1997), vol. 15, pp. 423-

The Figh of Marriage

Chapter Seven The Rights of Spouses

Upon examination, we find that the rights of the spouses fall into three categories: the rights of the husband, the rights of the wife and common rights of both spouses. Each shall be explained separately below.

The Rights of the Husband upon His Wife

The foundation upon which the husband’s rights over his wife are based is the verse in the Quran,

Lan ih ob iia 35 abi (ead Vay sind oe ols Ne his vay ial obi wat oostass oot \ asl grtatl re Ohl aan Ain sea uy a

“Men are in charge of women by [right of] what [qualities] Allah has given one over the other and what they spend [in support] from their wealth. So righteous women are devoutly obedient, guarding in [the husband’s] absence what Allah would have them guard. But those [women] from whom you fear defiance, [first] admonish them; [then if they persist] forsake. them in their beds and [finally] strike them [lightly]. But if they obey you [once more], seek no means against them” (al-Nisaa 34).

Imam Abu al-Fidaa Ismaeel ibn Katheer stated in his commentary to the words, “Men are in charge of women”:

‘The Fight of Marriage

Men are in charge of women “by [right of] what [qualities] Allah has given one over the other.” In other words, [in general} men are superior to women and men are [in general] better than women. This is why prophethood was only given to men. The same is true for the supreme governmental head, as the Prophet (peace be upon him) said, “A people will not prosper whose affairs are [at the controls of] a woman.” Recorded by alAl-Bukhari! The same is true for judgeship and other Positions. [They are also in charge of women] due to “what they spend [in support] from their wealth,” that is, the dower and maintenance that Allah has made obligatory upon them in His Noble Book and in the sunnah of His Messenger (peace be upon him). Man is better than woman in himself and he has preference over her and superiority. Hence, it is most appropriate that he be in charge of her.?

This does not mean that the same is true for each individual. The superiority of one class of beings over another does not mean that each individual of that class is superior to the other class. Therefore, it is not impossible that some women are greatly superior to some men. Looking at their legacy, virtues and great effects on this nation, that fact [that individual women are not always inferior to men] is something that is witnessed in itself.

What Umm Salamah narrated also indicates [the rights of the husband upon her]. She stated that the Messenger of Allah (peace be upon him) said,

Gob) os ol Ute GAG GHG an

' Number 4425, Book of Military Campaigns, Chapter on the Prophet (peace be upon him) writing to the Emperors of Persia and Rome, and also #7099, The Book on Jrials, Chapter on the trial that will emerge like waves on an ocean.

The Figh of Marriage

“Any woman who dies with her husband being pleased with her shall enter Paradise.”!

The most obvious of the rights of the husband upon his wife are the following:

The evidence for this is in what Husain ibn Muhsin narrated: My aunt narrated to me that she said, “I came to the Messenger of Allah (peace be upon him) and he said, ‘Are you married?’ I said, ‘Yes.’ He said, ‘How are you with respect to him?’ She said, ‘I do not fail him ina anything except for what I am not able to do.’ He said, ‘See how you are with respect to him for he is your Paradise or your Hell-fire,’”?

The meaning is, “Are you loving towards him, responding to his call or distancing yourself from him, ungrateful with respect to his goodness and favors towards you. You should be very careful for he is the reason for your entering Paradise if he is pleased with you or your entering the Fire if he is displeased with you.”3

And Abu Hurairah narrated that the Messenger of Allah (peace be upon him) said,

ool gt Clo Ye Cll Lene ean y Yank ah ele 3) esl aI Gi gf

See Faidh al-Qadeer, vol. 3, p. 60, by al-Munaawi.

‘The Figh of Marriage

“Tf the woman prayed her five daily prayers, guarded her chastity and obeyed her husband, she will enter Paradise through any gate she wills.”!

However, the obedience by the wife to her husband is only with respect to those things that are good and acceptable. If he orders her to do something forbidden or to fail to perform an obligatory act, she must refuse to obey him. The Prophet (peace be upon him) has said,

Syd) bella LS al Lane (3 WELL Y “There is no obeisance in what is an act of disobedience to Allah.