Jurisprudence and Juristic Principles

Ibn ‘Abbās (may Allah be pleased with him) reported: A man came to the Prophet (may Allah's peace and blessings be upon him) and said: "My wife does not object if anyone touches her." He said: "Divorce her." The man said: "I am afraid that I will miss her." The Prophet (may Allah's peace and blessings be upon him) said: "Then enjoy her."

‘Umar ibn al-Khattāb (may Allah be pleased with him) said: "If a man acknowledges his paternity of a child (even) for a moment, he has no right to deny it (later)."

‘Ā’ishah (may Allah be pleased with her) reported: Barīrah was instructed to observe an ‘Iddah of three menstrual cycles.

Jābir ibn ‘Abdullāh (may Allah be pleased with him) reported: My maternal aunt was divorced, and she wanted to collect the harvest from her date-palm trees. A man rebuked her for going out to the trees. So she went to the Prophet (may Allah's peace and blessings be upon him) who said: "No, go and collect the harvest from your trees, for perhaps you will give (some of it in) charity or do a good deed with it."

Furay‘ah bint Mālik ibn Sinān, sister of Abu Sa‘īd al-Khudri, reported that she went to the Messenger of Allah (may Allah's peace and blessings be upon him) and asked him if she could return to her family, Banu Khudrah, because her husband went out chasing his slaves who ran away; and when he caught them at the borders of Al-Qadūm, they killed him. She said: "I asked the Messenger of Allah (may Allah's peace and blessings be upon him) if I could go back to my people, for he (the murdered husband) did not leave me in a dwelling of his own, nor did he leave me with any financial maintenance?" She said: "The Messenger of Allah (may Allah's peace and blessings be upon him) replied: 'Yes.'" She said: "I went out, and when I was in the apartment or in the mosque, he called for me, or he commanded someone to call me and he said: 'What did you say?' So I repeated my story which I had already mentioned about my husband. Thereupon he said: 'Stay in your house until the term (of ‘Iddah) lapses.'" She said: "So I spent my ‘Iddah therein (in her husband's house) for four months and ten days. When ‘Uthmān ibn ‘Affān became the caliph, he sent for me and asked me about that; so I informed him, and he followed it and decided cases accordingly.’"

Fātimah bint Qays reported: I said: "O Messenger of Allah, my husband has divorced me three times and I am afraid that my house will be broken into." So, he (may Allah's peace and blessings be upon him) told me to move.

‘Amr ibn al-‘Ās (may Allah be pleased with him) said: "Do not confuse the Sunnah of our Prophet. The ‘Iddah of a mother-slave girl whose master dies is four months and ten (days)."

‘Urwah ibn Az-Zubayr reported from ‘Ā’ishah that she took Hafsah bint ‘Abdur-Rahmān ibn Abu Bakr As-Siddīq into her house when she was in her third period. Ibn Shihāb said: "That was mentioned to ‘Amrah bint ‘Abdur-Rahmān, and she said that ‘Urwah had spoken the truth, and people had argued with ‘Ā’ishah about it. They said that Allah, the Exalted, says in His Book: {Waiting for three menstrual periods} [Sūrat al-Baqarah: 228]. ‘Ā’ishah said: 'You spoke the truth. Do you know what menstrual periods are? They are the three times of becoming pure after menstruation.'"

Ibn ‘Umar (may Allah be pleased with him) said: "A slave has two counts of divorce to discharge toward his free wife, who shall observe a waiting period of three menstrual cycles. A free man has two counts of divorce to discharge toward his slave wife, who shall observe a waiting period of two menstrual cycles."

Abu ‘Abdullāh Jābir ibn Samurah (may Allah be pleased with him) reported: I used to pray with the Prophet (may Allah's peace and blessings be upon him) and his prayer was moderate in length and his sermon was moderate in length.

‘Umar ibn al-Khattāb (may Allah be pleased with him) said: “A woman whose husband is missing and whose whereabouts is unknown to her must wait for four years and then observe the ‘Iddah (of a widow) for four months and ten days. After that, she is allowed to marry.”

Jābir (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "Let no man stay the night in the place of a previously married woman unless he is her husband or her Mahram."

Abu Sa‘īd al-Khudri (may Allah be pleased with him) reported that the Prophet (may Allah's peace and blessings be upon him) said regarding the female captives of Awtās: ''There should be no sexual intercourse with a pregnant woman until she gives birth, nor with a non-pregnant woman until she has one menstrual cycle."

‘Ā'ishah (may Allah be pleased with her) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: ''One or two sucks do not render marriage prohibited.''

‘Ā’ishah (may Allah be pleased with her) reported that Sālim, the freed slave of Abu Hudhayfah, was with Abu Hudhayfah and his family in their home. Bint Suhayl came to the Prophet (may Allah's peace and blessings be upon him) and said: "Sālim has attained puberty, and he now perceives what they perceive, yet he enters our house freely, and I believe that something (troubles) the heart of Abu Hudhayfah." Thereupon the Prophet (may Allah's peace and blessings be upon him) said to her: "Suckle him, and you will become unlawful for him (in marriage), and (the discomfort) which Abu Hudhayfah feels in his heart will disappear." She returned and said: "So I suckled him, and what (was there) in the heart of Abu Hudhayfah disappeared."

Umm Salamah (may Allah be pleased with her) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: ''No prohibition results from suckling, except for what penetrates the intestines from the breast before weaning.''

Tāriq al-Muhāribi (may Allah be pleased with him) reported: We came to Madīnah when the Messenger of Allah (may Allah's peace and blessings be upon him) was standing on the pulpit addressing people and saying: "The hand which gives is the higher hand. Start with those for whom you are responsible: your mother, your father, your sister, your brother, and then the closest in kin and the closest in kin."

Khaythamah reported: A household manager of ‘Abdullāh ibn ‘Amr came in while we were sitting with him. Ibn ‘Amr said: "Did you give the slaves their sustenance?" He said: 'No.' Upon this ‘Abdullāh said: "Go and give them, for the Messenger of Allah (may Allah’s peace and blessings be upon him) said: 'One will be committing a great sin if he withholds sustenance from those whom he should provide for.'"

Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "The best charity is that which is given out of richness. The upper hand is better than the lower hand, and let one of you start with those whom he is responsible to provide for." (Then Abu Hurayrah said:) His wife says to him: "Spend on me." His Umm Walad (a slave woman impregnated by her owner, thereby bearing a child) says to him: "To whom will you leave me to rely on?" His slave says to him: "Feed me and employ me."

Ibn ‘Umar reported: ‘Umar ibn al-Khattāb wrote to the army commanders about the men who had stayed away from their wives (for a long time). He ordered the [commanders] to enjoin them to either spend (on their wives) or divorce. If they divorced, they should send the financial support they had withheld.