Book 13: Marriage

Sahl b. Sa'd as-Sa‘idi told that ‘Uwaimir al-'Ajlani asked God’s Messenger: “Tell me about a man who finds a man along with his wife. Should he kill him and then be killed by you¹, or how should he act?’’ He replied, “A revelation has been sent down about you and your wife², so go away and bring her.” Sahl said that they cursed one another in the mosque and that he was along with the people who were with God’s Messenger. Then when they finished ‘Uwaimir said, “I shall have lied against her, Messenger of God, if I keep her,” and pronounced her divorce three times. God’s Messenger then said to the people, “Look, and if she bears a child which is black, and has very black eyes, large buttocks and fat legs, I cannot but imagine that ‘Uwaimir has spoken the truth about her; but if she bears a reddish child like the lizard with red spots (wahara), I cannot but imagine that ‘Uwaimir has lied against her.” She gave birth to a child like that described by God’s Messenger in declaring that ‘Uwaimir had spoken the truth, and afterwards its lineage was traced to its mother. (Bukhari and Muslim.) 1. Some texts read as translated above; others use the third person, with reference to the family of the man and their revenge for killing him. 2. Al-Qur'an 24:6.

Ibn ‘Umar said that the Prophet (ﷺ) made a man and his wife invoke curses when the man disowned her child, and separated them and attributed the child to the woman. In his tradition transmitted by both of them it says that God's Messenger exhorted and admonished the man and informed him that punishment in this world is easier than that in the next. He then summoned the woman and exhorted and admonished her and told her that punishment in this world is easier than that in the next. (Bukhari and Muslim.)

He reported the Prophet (ﷺ) as saying to two who were invoking curses regarding one another, “Your reckoning is in God’s hands, for one of you is lying.” He then told the man that he could not remarry her, whereupon he said, “Messenger of God, what about my property?”* He replied, “There is no property for you. If you have spoken the truth, it is the price of your having had the right to intercourse with her; and if you have lied against her, it is more remote still from you than she is.” * Referring to the dower be had paid. (Bukhari and Muslim.).

Ibn ‘Abbas said: Hilal b. Umayya accused his wife in the Prophet’s presence of having committed adultery with Sharik b. Sahma'. When the Prophet (ﷺ) told him that he must produce evidence or receive punishment on his back, he said, “Messenger of God, when one of us sees a man having intercourse with his wife, must he go and seek evidence?” But the Prophet (ﷺ) merely replied that he must produce evidence or receive punishment on his back. Hilal then said, “By Him who sent you with the truth, I am speaking truly. May God send down something which will free my back from punishment!” Then Gabriel descended and brought down to him, “And those who make charges against their spouses,” reciting till he reached, “if he is one of those who speak the truth” (Al-Qur’an 24:6-9).Then Hilal came and gave testimony and the Prophet (ﷺ) was saying, “God knows that one of you is lying. Will one of you repent?” Then the woman got up and testified, but when she was about to do it a fifth time they stopped her and told her that it would be the deciding one. Ibn ‘Abbas told that she then hesitated and drew back, so that they thought she would renounce what she had said; but thereafter she said, “I shall not disgrace my people forever,” and went on with her declaration. The Prophet (ﷺ) told them to look and see whether she gave birth to a child with eyes looking as if they had antimony in them, wide buttocks and fat legs, for if she did, Sharik b. Sahma' would be its father. Then when she gave birth to a child of that description the Prophet (ﷺ) said, “If it were not for what has already been stated in God’s Book, I would have dealt severely with her.” Bukhari transmitted it.

Abu Huraira told that Sa'd b. ‘Ubada asked, “If I were to find a man with my wife, should I not touch him before bringing four witnesses?” Then when God’s Messenger replied that that was so, he said, “By no means. I swear by Him who has sent you with the truth that I would take my sword to him before that.” God’s Messenger said, “Listen to what your chief says. He is jealous of his honour, but I am more jealous than he is and God is more jealous than I am.” Muslim transmitted it.

Al-Mughira told that Sa'd b 'Ubada said, “If I saw a man with my wife I would strike him with the sword, and not with the flat of it.” When God’s Messenger heard of that he said, “Are you surprised at Sa'd’s jealousy? I swear by God that I am more jealous than he is and that God is more jealous than I am. Because of God’s jealousy He has prohibited abominations both open and secret. No one is fonder of receiving an excuse than God, on which account He has sent warners and announcers of good news; and no one is fonder of praise than God, on which account God has promised paradise.” (Bukhari and Muslim.)

Abu Huraira reported God’s Messenger as saying, “God most high is jealous of His honour, and the believer is jealous. God’s jealousy is to the effect that a believer should not commit what God has prohibited.” (Bukhari and Muslim.)

He told of a desert Arab who came to God’s Messenger and said, “My wife has given birth to a black son and I have disowned him.” God’s Messenger asked him whether he had any camels, and when he replied that he had, he asked what their colour was and was told that they were red. He asked if there was a dusky one among them, and was told that there were some. He asked how he thought that had come about, and was told that it was a strain to which they had reverted. Then saying that this was perhaps a strain to which the child had reverted, he did not permit him to disown him. (Bukhari and Muslim.)

‘A’isha said that ‘Utba b. Abu Waqqas enjoined his brother Sa'd b. Abu Waqqas that the son of Zam'a's slave girl was his, and told him to look after him. In the year of the Conquest Sa'd took him, saying he was his brother’s son, but ‘Abd b. Zam'a claimed him as his brother. They made a simultaneous plea to God’s Messenger, Sa‘d saying, “Messenger of God, my brother has enjoined me regarding him,” and ‘Abd b. Zam'a saying, "He is my brother and the son of my father's slave girl, being born on his bed.” God’s Messenger then said, "He belongs to you, ‘Abd b. Zam'a, for the child is attributed to the one on whose bed it is born, and the fornicator is deprived of any right.”1 He then told Sauda daughter of Zam'a to veil herself from him because of the resemblance to ‘Utba which he saw in him, and he did not see her till he went into God’s presence.2 In a version he said, “He is your brother, ‘Abd b. Zam'a because he was born on his father’s bed.”3 1. Al-hajar. This might alternatively mean that the fornicator is to be stoned. 2. i.e., until he died. 3. This explanatory addition does not occur in Masabih as-sunna. (Bukhari and Muslim.)

She said: One day God's Messenger visited me looking pleased and asked if I was not surprised to hear that Mujazziz al-Mudlijl¹ had entered, and seeing Usama and Zaid² with a rug over them covering their heads and letting their feet appear, said, “These feet are related.” (Bukhari and Muslim.) 1. Members of the tribe of Mudlij were said to have a reputation for being able to trace relationship from physical features. 2. Usama was Zaid's son.

Sa‘d b. Abu Waqqas and Abu Bakra reported God’s Messenger as saying, "If anyone knowingly claims as father one who is not his father, paradise is forbidden to him.” (Bukhari and Muslim.)

‘Abu Huraira reported God’s Messenger as saying, "Do not turn against your fathers, for he who turns against his father has become an infidel.” (Bukhari and Muslim.)