🕌 *HALQAH SESSION*
الحمد لله رب العالمين
بسم الله الرحمن الرحيم
والصلاة والسلام على سيد الأولين والآخرين
وعلى آله وصحبه ومن تبعهم بإحسان إلى يوم الدين
Assalāmu Alaykum Warahmatullāh Wabarakātuh
You are welcome to this morning’s session of the Halqah
Where we shall be responding to some of the questions we have pending answers
We ask Allāh to make it beneficial for us all, āmīn
Alhamdulillāh
Firstly, we want to tender an apology for the delay in responding to questions these past days
We ask Allah to accept our excuses and to forgive us our error. Āmīn
سامح أخاك إذا خلط،
منه الإصابة بالغل
وتجاف عن تعنيفه،
إن زاغ يوما أو قسط
واعلم بإنك إن طلبت،
مهذبا رمت الشطط
من الذي ما ساء قط،
ومن له الحسنى فقط
Al-Harīrī said:”Pardon your brother if he mixes, what is right with an error_
_And avoid been hard on him, if he slips one day or does wrong_
_And know that if you seek one, who is puritan, you have fallen into extremism_
_Who is that that have never erred, and who is that who has *only* good deeds”_
Bārakallāhu fīkum
*QUESTION*
*IS THERE A PROCEDURE THAT SHOULD BE FOLLOWED IN SEEKING A SECOND WIFE?*
_” Asalamu alaikum waramotulai wabarakatu pls Is there a procedure to follow in Islam before taken a second wife l, pls if there is mention them”_
*ANSWER*
Wa alaykum Salām Warahmatullāh Wabarakātuh
Alhamdulillāh
Firstly, it should be known that, as we have preceded in one of the questions that we answered on this platform, the sounder position with the ‘Ulamā is that because Polygamy is an added responsibility, there is no added merit of Polygamy over Monogamy unless if in Polygamy, it is accompanied by reasons and benefits such as aiming to have more children trained upon the Sunnah, increasing the morality in the society by reducing the number of unmarried sisters out there and its likes
But, to simply increase in the number of women married for the mere fun of it or for the mere polygamous nature of man is not a Sunnah in itself that is rewarded ( _Mandūb_), rather, a permissibility that is allowed ( _Mubāh_) in the Sharī’a.
We had mentioned that this was the Verdict of the Shāfi’ī Madh’hab and the Hanbali schools as was referred in _Mughnī Al-Muhtāj_
Secondly, it should be known by Muslim Sisters out there, that though difficult and painful, polygamy is allowed in Islām on a general note, encouraged on certain situations, and obligatory on very other peculiar situations
They need to exercise a lot of patience when it comes to it and understand that that which is made permissible by Allāh must not be rejected by them for in that is a rejection of the Hukm of Allāh.
The Pious of women are those that focus on their responsibilities toward their Husbands, their children and their kin, and are patient with whatever life throws at them
Thirdly, the Precept known in the Sharī’a among the Qawā’id of Fiqh is that _’Whosoever his permission is not a condition for the legality of an Act, then his Knowledge is not a condition for its authenticity’_
This means that a man does not need the permission of his wife, nor her knowledge for his second _’Aqd_ of Nikāh to be sound. Rather, what is agreed upon by the Ulamā is that it is mandatory upon him to be gentle to her and to treat her with kindness and mercy.
Whether on the matter of adding a wife or in general day to day affairs
That is because in so doing is achieving one of the major purposes of Marriage which is Mercy, love and Kindness
Fourth, a woman may take as a condition from her husband before marriage a promise not to add a wife after her.
If he does make that promise, then to keep to it becomes binding upon him
This is the sounder of the two positions held by the Ulamā on this matter
This position was favoured by Imām Ahmad and strenghtned immensely by Ibn Taymiyyah and Ibn Qayyim Al-Jawziyyah – Rahimahumullāh
It is premised on the Hadīth that was recorded by both Al-Bukhāri and Muslim in which the Rasūl – salallāhu alayhi wasallam – said:
إن أحق الشروط أن توفوا ما استحللتم به الفروج
_”Indeed the most deserving of conditions that must be fulfilled is that with which the private organs were made permissible.”_
Fifth, it should be known that though Polygamy is permissible, it is not free of been a nest through which Iblīs attacks a man and/or his family
That said, a man must realise that though Allāh allows him polygamy, he hasn’t allowed him Zinā and any of its preludes
He must realise that though Allāh allowed him Polygamy, he hasn’t allowed him to rip his family apart or to trample on his wife’s rights or to destroy his home
That means that a man must be wise and have the temerity to weigh the advantages and the disadvantages accordingly before stepping into it
We ask Allah for guidance and wisdom.
After taking all of those into consideration, know, o honoured one, that there is no *definite* steps to take when seeking to add a wife in Islām other than the same steps that are taken when taking a wife, and the conditions of Nikāh that are known to all.
We ask Allāh to grant our Ummah safe and healthy families, and to grant our sisters the forbearance to bear the pains and difficulties that come with polygamy.
We ask Allāh to grant wisdom to our brothers, and the patience and focus to maintain their families and avoid matters that lead to fractures, āmīn
Bārakallāhu Fīkum
Jazākumullāhu Khayran
*QUESTION:*
*ON TEMPORARY MARRIAGE*
_”Assalāmu Alaykum Admin, please is this Hadīth authentic? Especially the part on Temporary marriage. Is such thing accepted in Islam?”_
*ANSWER*
Wa alaykum Salām Warahmatullāh Wabarakātuh.
Alhamdulillāh
The Hadīth to which you refer is the Hadīth of Ibn Mas’ūd that is recorded by both Al-Bukhāri and Muslim that he said:
كنا نغزو مع رسول الله صلى الله عليه وسلم وليس لنا نساء، فقلنا: ألا نختصي؟ فنهانا، ثم رخص لنا أن ننكح المرأة بالثوب إلى أجل
_”We were with the Messenger of Allāh – salallāhu alayhi wasallam – in battles wherein we had no women. So we said: should we castrate ourselves? Then he forbade us from that, and then gave is a Rukhsah (alleviation) to marry a woman for a stipulated period using a garment (as Sadaq)…”_
We say, and success comes from Allāh Alone, that there is no evidence in this Hadīth, despite its agreed upon authenticity, to prove the permissibility of Temporary Contract Marriage that some ignoramuses are propagating
Rather, the People of Ilm and Intellect among our great Imams and Polymaths, use this Hadīth as proof that masturbation is not permissible in Islām
Based on the fact that the Rasūl – salallāhu alayhi wasallam – did not alleviate for his Companions to engage in such act despite their immense urges in such difficult situations and strangeness
They did not, themselves think of that. Rather, they thought of castrating themselves.
The Ulamā have formed a consensus that the Rasūl – salallāhu alayhi wasallam – allowed _Mut’ah_ (Temporary Contract Marriage) at the early days of Islām and then forbade it permanently till the Day of Qiyāmah
This consensus is an Ijmā that has no disagreement among the Ulamā of Sunnah.
Rather the disagreement on this matter is only found in the Shī’a traditions and on their schools
This is due to what was recorded by Imām Muslim in his Sahih from Salamah Ibn al-Akwa’ – radiyallāhu ‘anhu – that he said:
رَخَّصَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَامَ أَوْطَاسٍ فِي الْمُتْعَةِ ثَلَاثًا ثُمَّ نَهَى عَنْهَا
_”Indeed the Messenger of Allāh – salallāhu alayhi wasallam – alleviated for us in the Year of Awtās the Mut’ah thrice, and then forbade us from it”_
What is meant by there times is that revelation for it came three times
Imām An-Nawawī – rahimahullāh – said in the Sharh on Sahih Muslim:
والصواب المختار أن التحريم والإباحة كانا مرتين، وكانت حلالا قبل خيبر ثم أبيحت يوم فتح مكة، وهو يوم أوطاس لاتصالهما، ثم حرمت يومئذ بعد ثلاثة أيام تحريماً مؤبداً إلى يوم القيامة واستمر التحريم
_”The right and chosen verdict is that the forbiddance and permissibility happened twice. It was permissible before the Day of Khaybar (when it was made impermissible) and then again was made permissible on the day of Fat’hu Makkah, and that is the Day of ‘Awtās, due to their consecutivity, then it was made Harām on that day just three days after (it was made permissible), a forbiddance that is forever until the Day of Qiyāmah, and this Forbiddance continues.”_
Qādī ‘Iyyād Ibn Mūsā Ibn ‘Iyādh Al-Yahsubī Al-Mālikī – rahimahullāh – said:
_”And then a general consensus has been agreed upon by all of the ‘Ulamā upon its forbiddance except for the Rawāfid”_
This is a matter agreed upon, as mentioned by all of the Ulamā in the books of Fiqh and were we to aim at quoting all of their statements on this matter, we will exhaust volumes of books
But, the reference made to this Hadīth is made by some ignorant ones who have no knowledge of the Sharī’ah
They try to imply that in this Hadīth, ‘Abdullah Ibn Mas’ūd – radiyallāhu ‘anhu – permitted it in his time
We say, true, and that is based upon the earlier permissibility that was in effect before the Day of the Liberation of Makkah as we have preceded
For on that Day, it was made Harām and its forbiddance remains in effect till the Day of Qiyāmah
If it is said: did Ibn Mas’ūd make it permissible after then?
We say: there is nothing affirmative of that in that Hadīth quoted
And if we were to stretch reason toward that point, and say that Ibn Mas’ūd did, then we will say: it only means that he wasn’t aware of this Ruling that forbade it
_”Whenever a Text that is Harām on a matter is conflicting with that which seems to make same Halāl, preponderance is to that which makes it Harām”_
And the Fuqahā are agreed upon the Usūlī Precept that says:
Except that, most of these ignoramus on Social Media are ignorant of the basic things upon the Sciences of the Sharī’a are based and have no knowledge on the reconciliation of Textual Evidences and how rulings and injunctions are derived from them
Please, when you meet any of such people, tell them to seek ‘Ilm for with it is _Salāh_ (rectitude) for the People who seek it.
Bārakallāhu fīkum
Jazākumullāhu Khayran
