Salafi_Online Posted May 2, 2004 Salamu Alaykum Wa rahmatullahi Wa baarakatu Ma Maghfirutu… Innalhamdulillah… What follows is a straightforward clarification of Polygamy legislated by the Shariyah. Inshallah Allahu Ta3allah I shall submit Proves for all my rationale from the Kaalam of Allah…The Axioms of Rasullulah ( .) and the elucidations of the Scholars: the predecessors and the contemporary ones. Let’s proceed! Allah Jala Wa Cala declare the following: And if you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess. That is nearer to prevent you from doing injustice.( 4:3) It’s commonly reasoned that this ayah was revealed in the time of war…when man were in decline…thus it was justified for men to take multiple wives…and they reason this is the wisdom behind the ayat….other people have taken a different route which is more obscure …nonetheless Our beloved Mother rebuttals their baseless claims: Al-Bukhari recorded that `Urwah bin Az-Zubayr said that he asked `A'ishah about the meaning of the statement of Allah She said, "O my nephew! This is about the orphan girl who lives with her guardian and shares his property. Her wealth and beauty may tempt him to marry her without giving her an adequate dowry which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable dowry; And if you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess. That is nearer to prevent you from doing injustice.( .'' Note: There was no limit on how many women men can marry …until this Ayat! Hadith: Imam Ahmad recorded that Salim said that his father said that Ghilan bin Salamah Ath-Thaqafi had ten wives when he became Muslim, and the Prophet said to him, "Choose any four of them (and divorce the rest).'Ash-Shafi`i, At-Tirmidhi, Ibn Majah, Ad-Daraqutni and Al-Bayhaqi collected this Hadith up to the Prophet's statement, "Choose any four of them”. Only Ahmad collected the full version of this Hadith Thus its evident that from the kalam(speech) of Allah and his Rasul( .) that they both establish the permissibility of Polygamy… Quote Share this post Link to post Share on other sites
Salafi_Online Posted May 2, 2004 Innalhamdulillah...Wa salamu Alaykum the conditions of Polygamy prescribed by the Shariyah! Allah Caza wa Jaal says: But if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess(4:3) Tafsir ibn Katir(explanation of the Quran) it states the following concerning this portion of the ayat: The Ayah commands, if you fear that you will not be able to do justice between your wives by marrying more than one, then marry only one wife, or satisfy yourself with only female captives, for it is not obligatory to treat them equally, rather it is recommended. So if one does so, that is good, and if not, there is no harm on him Then Allah Says: You will never be able to do perfect justice between wives even if it is your ardent desire [4:129]. Tafsir ibn Kathir says: (You will never be able to do perfect justice between wives even if it is your ardent desire,) means, O people! You will never be able to be perfectly just between wives in every respect. Even when one divides the nights justly between wives, there will still be various degrees concerning love, desire and sexual intimacy, as Ibn `Abbas, `Ubaydah As-Salmani, Mujahid, Al-Hasan Al-Basri and Ad-Dahhak bin Muzahim stated. Imam Ahmad and the collectors of the Sunan recorded that `A'ishah said, "The Messenger of Allah . used to treat his wives equally and proclaim, O Allah! This is my division in what I own(what am capable), so do not blame me for what You own and I do not own) referring to his heart. This was the wording that Abu Dawud collected, and its chain of narrators is Sahih. Scholar statement: Imaam ‘Abdur-Rahmaan Ibn Naasir as-Sa’dee [d. 1376] says in the commentary of these verses [pg. 208]: “Allaah, the Most High, informs us that husbands do not have the ability to be completely just between wives, and that is because complete justice requires the presence of equal love, attraction, and an inclination of the heart, and then the action this necessitates, and this is impossible, therefore Allaah has pardoned him for what he is not able (to do), and has prohibited him from that which he has the ability with His Statement “So do not incline too much to one of them so as to leave the other hanging…”. Meaning, do not incline heavily to one (over the other) to the point where you do not give them their obligatory rights, rather do all that is in your power to be just (between them). So, maintenance, clothing, the division of time etc., it is upon you to be equal between them in these, as opposed to love, sexual intercourse, etc., so if the husband abandons his wife she becomes as if she is suspended, neither divorced so as to marry, nor married where she receives her rights.” [End of the words of As-Sa’dee] For Ibn Kathir and other scholars visit the following: http://www.troid.org/articles/sisters/nikaah/ardentdesire.pdf Messenger’s love for Aisha more then his other wives! Zainab Goes to the Messenger. Muhammad received her “in the same very state when FatIma entered.” She too told him that the other wives had sent her to seek "equity in the case of the daughter of AbU QuhAfa.” Muhammad made no answer. But, in the words of ’Aisha, “she [Zainab] then came to me and showed harshness to me and I was seeing the eyes of Allah's Messenger whether he would permit me. Zainab went on until I came to know that Allah’s Messenger would not disapprove if I retorted. Then I exchanged hot words until I made her quiet. Thereupon Allah’s Messenger smiled and said: She is the daughter of AbU Bakr” (Bukhari 5984). “The Prophet died in my room, on my day, and in my bosom, and even, in the last moment of his death, our salivas mingled,” says ’Aisha counting these things as “gifts and blessings from Allah” (Sahih BukhArI SharIf, hadIs 1650; TabaqAt, vol. I, p. 282 Quote Share this post Link to post Share on other sites
Salafi_Online Posted May 2, 2004 Innalhamdulillah...Wa Salamu Alaykum Thus Allah's Response: : فَلاَ تَمِيلُواْ كُلَّ الْمَيْ [so do not incline too much to one of them] Tafsir ibn Kathir (means, when you like one of your wives more than others, do not exaggerate in treating her that way) Thus A man can marry up to 4 women…on the condition that he threats them equal…within his capability! Anything beyond that… he will not be held accountable Does A man need consent from his wives to remarry? No…there is no where in the Shariyah that states that! Rather if that was the case…then the wives would be making something Halal Haram! Is Polygamy encouraged…Yes it is…It is Encouraged big time! From the narration of Sa’eed ibn Jubayr who said: “Ibn Abbaas asked me: “Have you married yet?” I answered no, so he said: “ Marry! For the best of this ummah are those with the most women .” Collected by Al-Bukhaaree in the book of Marriage, chapter: Plurality of Women [no. 5069]. What should the first wife do If her Husband seeks second wife! Prior to marriage a women is encourage to put it in her contact…. the husband signs this contract…he is forbid to marry a second…until he divorces his first wife Women doesn’t put it in her contract If the Women doesnt put it in her contract…and her husband wish to take a second wife…and she doesn’t accept this….then she must seek what is called “Al Khul’” Al-Khul‘ is the separation of a husband from his wife, while receiving a return of monetary gain from herand using specific statements to bring about the dissolution of the marriage. Quote Share this post Link to post Share on other sites
Salafi_Online Posted May 2, 2004 Innalhamdulillah...Wa salamu alaykum Valid reasons for Divorce: By the esteemed Scholar of our time, Shaykh ‘Abdul-‘Azeez Ibn ‘Abdullaah Ibn Baaz (rahimahullaah): [Q]: What are the valid reasons for divorce, from your point of view your Eminence? A]: For divorce there are many reasons: From them (i.e. the many reasons for divorce)is lack of harmony between the husband and the wife such that it does not cause love from either one for the other or from both of them. And from them is bad behaviour of the woman or lack of listening and obedience to the husband in what he commands of the good. And from them is bad behaviour of the husband and his oppressing the woman and lack of fairness/justice for her. And from them is his falling short of fulfilling her rights and her falling short of fulfilling his rights. And from this is the occurrence of wrongdoing from one of them or both of them such that the situation is made worse because of this, so the only route is divorce, and from this is the husband or the wife turning to intoxicants and smoking. And from them is the bad state of affairs between the woman and the husband's parents or either of them, and the lack of use of wise politics in dealing with each other. And from them is the lack of the woman in caring and showing concern in cleanliness and dressing up and beautifying herself for her husband with perfume and good speech and cheerfulness when she meets her husband and when they have sexual intercourse. (these are just a few of them) Quote Share this post Link to post Share on other sites
Salafi_Online Posted May 2, 2004 Innalhamdulillah...Wa salamu alaykum The messenger of Allah said: Hadith - Musnad Ahmad, Narrated Abu Huraira, r.a. The Prophet said, "Those who seek Khul’a without any reason are hypocrites." Hadith - Sunan Abu Dawud, Narrated Thoban (RA) The Prophet said: "If any woman asks her husband for divorce without some strong reason, the odor of Paradise will be forbidden to her." Shaikh-ul-Islaam Ibn Taimiyyah (rahimahullaah) Says in Majmoo' al-Fataawaa (vol. 32, pg. 289 – 290, 292) This issue has been an issue of great dispute between the Salaf (predecessors) and the Khalaf (contemporaries). The famous opinion in the Madh-hab of Al-Imaam Ahmad and his companions is that it (khul‘) is a permanent separation and complete dissolution of the marriage that is not to be incorporated as being from the three Talaaq pronouncements. Therefore if the man was to perform Khul‘ ten times (to the same woman, remarrying her after each Khul‘) then this is allowed for him as long as he remarries her with a new wedding contract (and its requisites – Dowry, etc.) even if she has not wed another man other than him (between each consecutive remarriage). T his is also one of the reported statements of Ash-Shafi‘ee. This has also been chosen and sponsored by a large majority of the Sahaabah. Another group of Sahaabah sponsored it but did not choose it. This is the position of the Jumhoor (overwhelming Majority) of the Fuqahaa of Hadeeth – Ishaaq bin Rahawiyah, Abu Thawr, Dawoud, Ibnul Mundhir, and Ibn Khuzaymah. It is also authentically established as a statement of Ibn ‘Abbaas (radyAllaahu ‘anhu) and his companions – Tawoos and ‘Ikrimah Ibraheem bin Sa‘d bin Abee Waqaas asked Ibn ‘Abbaas about this issue when he was appointed by Az-Zubair as the custodian of Yemen. He said to Ibn ‘Abbaas (radyAllaahu ‘anhu) that the majority of Talaaq(divorce) in Yemen was that of Fidaa’ – woman ransoming herself or Khul‘. Ibn ‘Abbaas (radyAllaahu ‘anhu) responded: “To pay to dissolve the marriage is not Talaaq. People have erred in labeling it.” What the wife pays back to her husband in return for her release from marriage bonds and obligations must not exceed the Mahr itself. Ad-Daraqhutni reported that Abu Az-Zubayr narrated that the Messenger of Allah said to the wife of Qays, "Are you willing to give him back his garden that he gave you (as a Mahr)?" She said, "Yes, and more." He said, "As for the increase, no. But his garden only?" She said, "Yes." In the case of Khul, the husband can take back all the Mahr that he gave his wife, as is evident by the Prophet asking Thabit's wife if she would return his garden to him The woman can free herself from her husband completely in a just process that is beneficial to both parities. The husband is to cooperate with her in this regard. If he loves her then it is preferred for her to remain with him and have Sabr and not seek to separate Quote Share this post Link to post Share on other sites
Salafi_Online Posted May 2, 2004 Innalhamdulillah...Wa salamu alaykum The Hadith of Fatimah and Ali: Sahih al Bukhari, Volume 5, Book 57, Number 76: Narrated Al-Miswar bin Makhrama: "'Ali demanded the hand of the daughter of Abu Jahl. Fatima heard of this and went to Allah's Apostle saying, "Your people think that you do not become angry for the sake of your daughters as 'Ali is now going to marry the daughter of Abu Jahl.' On that Allah's Apostle got up and after his recitation of Tashah-hud, I heard him saying, "Then after! I married one of my daughters to Abu Al-'As bin Al-Rabi' (the husband of Zainab, the (alleged) daughter of the Prophet) before Islam and he proved truthful in whatever he said to me. No doubt, Fatima is a part of me, I hate to see her being troubled. By Allah, the daughter of Allah's Apostle and the daughter of Allah's Enemy cannot be the wives of one man.' So 'Ali gave up that engagement . " In Kitab ’ilaam al-Muwaq’een….By Ibnul Qayyim He states that there was a tradition that Ali was not to marry anyone else…And Ali(r.) Agree to it…. Also he states that The messenger of Allah( ) rejected the idea of one man marrying the daughter of Allah’s messenger and the daughter of Allah’s enemy! It is evident that Ali(r.) after the death of Fatimah, He never married again…even though he lived years and year after her… this was because he agree to the tradition…of not marrying anyone else… H Quote Share this post Link to post Share on other sites
Salafi_Online Posted May 2, 2004 Innalhamdulillah...Wa salamu alaykum We have to remember that Polygamy no doubt it's permissible, no matter how anyone may feel about it due to restrictions according to social 'norms'. first and foremost, men cannot be with all of the women at one time. lust is part of the wisdom behind this verse as it permits the male to be with more than one woman, but here's the catch, they have to be responsible for the welfare and future of her and their children together unlike what is happening today. Everybody is messin' with everyone else without any attachments leaving fatherless children everywhere. it's disgusting. the male may marry for lust, love, money, whatever. that's not the point. the point is is that it is permissible if it is not stipulated in the contract itself that she does not want him to take a second wife, however, the husband is always encouraged to take his wife's feelings into consideration. polygeny (the proper term, not polygamy), is not for everybody, but there are those few that don't mind it and actually encourage their husbands to find another wife. there are cultures in which it is a 'norm' to have more than one wife. we have to be careful with how we discuss the ayat of allah (swt). These are the limits set by Allâh, and whosoever obeys Allâh and His Messenger (Muhammad SAW) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success.(4:13) If I wrote anything correct its from Allah…if there is any errors then its from me and Shayton… If you see any errors…please let me know…for the pleasure of Allah… Quote Share this post Link to post Share on other sites
Qac Qaac Posted May 3, 2004 Merci, thank u, gracia, gracius, tanag u, mahad sanid, shukran, asxantu, kiitos.... jazakallah khayra. Quote Share this post Link to post Share on other sites
Cawralo Posted May 4, 2004 Polygamy this..polygamy that.. :rolleyes: When there's 50 times as many men as women..let me know..but until then..there's plenty of fish in the sea. Quote Share this post Link to post Share on other sites
