Sunan Abi Dawud: Marriage (Kitab Al-Nikah)

667

Chapter: The Encouragement To Marry

‘Alqamah said “I was going with ‘Abd Allaah bin Mas’ud at Mina where ‘Uthman met him and desired to have a talk with him in privacy”. When ‘Abd Allaah (bin Mas’ud) thought there was no need of privacy, he said to me “Come, ‘Alqamah So I came (to him)”. Then ‘Uthman said to him “Should we not marry you, Abu ‘Abd Al Rahman to a virgin girl, so that the power you have lost may return to you?” ‘Abd Allaah (bin Mas’ud) said “If you say that , I heard the Apostle of Allaah(ﷺ) say “ Those of you who can support a wife, should marry, for it keeps you from looking at strange women and preserve from unlawful intercourse, but those who cannot should devote themselves to fasting, for it is a means of suppressing sexual desire.
Reference : Sunan Abi Dawud 2046
In-book reference : Book 12, Hadith 1
English translation : Book 11, Hadith 2041
668

Chapter: What Has Been Ordered Regarding Marrying A Religious Woman

Abu Hurairah reported the Prophet (ﷺ) as saying “Women may be married for four reasons:
for her property, her ranks, her beauty and her religiosity. So get the one who is religious and prosper (lit. may your hands cleave to the dust).”
Reference : Sunan Abi Dawud 2047
In-book reference : Book 12, Hadith 2
English translation : Book 11, Hadith 2042
669

Chapter: Marrying Virgins

Jabir bin ‘Abd Allah said “The Apostle of Allaah(ﷺ) said to me “Did you marry?” I said “Yes”. He again said “Virgin or Non Virgin (woman previously married)?” I said “Non Virgin”. He said “Why (did you) not (marry) a virgin with whom you could sport and she could sport with you.
Reference : Sunan Abi Dawud 2048
In-book reference : Book 12, Hadith 3
English translation : Book 11, Hadith 2043
670

Chapter: The Prohibition Of Marrying Women Who Do Not Give Birth

Narrated Abdullah ibn Abbas:

A man came to the Prophet (ﷺ), and said: My wife does not prevent the hand of a man who touches her. He said: Divorce her. He then said: I am afraid my inner self may covet her. He said: Then enjoy her.

Reference : Sunan Abi Dawud 2049
In-book reference : Book 12, Hadith 4
English translation : Book 11, Hadith 2044

Narrated Ma'qil ibn Yasar:

A man came to the Prophet (ﷺ) and said: I have found a woman of rank and beauty, but she does not give birth to children. Should I marry her? He said: No. He came again to him, but he prohibited him. He came to him third time, and he (the Prophet) said: Marry women who are loving and very prolific, for I shall outnumber the peoples by you.

Reference : Sunan Abi Dawud 2050
In-book reference : Book 12, Hadith 5
English translation : Book 11, Hadith 2045
671

Chapter: Regarding Allah's Statement: The Fornicatress Does Not Marry Except A Fornicator

Narrated Abdullah ibn Amr ibn al-'As:

Marthad ibn AbuMarthad al-Ghanawi used to take prisoners (of war) from Mecca (to Medina). At Mecca there was a prostitute called Inaq who had illicit relations with him. (Marthad said:) I came to the Prophet (ﷺ) and said to him: May I marry Inaq, Messenger of Allah? The narrator said: He kept silence towards me. Then the verse was revealed:"....and the adulteress none shall marry save and adulterer or an idolater." He called me and recited this (verse) to me, and said: Do not marry her.

Reference : Sunan Abi Dawud 2051
In-book reference : Book 12, Hadith 6
English translation : Book 11, Hadith 2046

Narrated AbuHurayrah:

The Prophet (ﷺ) said: The adulterer who has been flogged shall not marry save the one like him. AbuMa'mar said: Habib al-Mu'allim narrated (this tradition) to us on the authority of Amr ibn Shu'ayb.

Reference : Sunan Abi Dawud 2052
In-book reference : Book 12, Hadith 7
English translation : Book 11, Hadith 2047
672

Chapter: A Man Frees His Slave And Then Marries Her

Abu Dawud reported the Apostle of Allaah(ﷺ) as saying “Anyone who sets his slave girl free and then marries her, will have a double reward.”
Reference : Sunan Abi Dawud 2053
In-book reference : Book 12, Hadith 8
English translation : Book 11, Hadith 2048
Anas bin ‘Malik said “The Prophet(ﷺ) manumitted Safiyyah and made her manumission her dower.”
Reference : Sunan Abi Dawud 2054
In-book reference : Book 12, Hadith 9
English translation : Book 11, Hadith 2049
673

Chapter: Foster-Feeding Prohibits What Lineage Prohibits

Narrated Aisha, Ummul Mu'minin:

The Prophet (ﷺ) said: What is unlawful by reason of consanguinity is unlawful by reason of fosterage.

Reference : Sunan Abi Dawud 2055
In-book reference : Book 12, Hadith 10
English translation : Book 11, Hadith 2050
Umm Salamah reported Umm Habibah said “Are you interested in my sister, Apostle of Allaah(ﷺ)?” He said “What should I do?” She said “You marry her” He said “Your sister?” She said “Yes”. He said “Do you like that?” she said “I am not alone with you of those who share me in this good, my sister is most to my liking. He said “She is not lawful for me.” She said “By Allaah, I was told that you were going to betroth with you Darrah to Durrah , the narrator Zuhair doubted the daughter of Abu Salamah. He said “The daughter of Umm Salamah? She said “Yes”. He said “(She is my step daughter). Even if she had not been my step daughter under my protection, she would not have been lawful for me. She is my foster niece (daughter of my brother by fosterage). Thuwaibah suckled me as well as his father (Abu Salamah). So do not present to me your daughters and your sisters.
Reference : Sunan Abi Dawud 2056
In-book reference : Book 12, Hadith 11
English translation : Book 11, Hadith 2051
674

Chapter: Regarding The Husband Of The Foster-Mother

Narrated Aisha, Ummul Mu'minin:

Aflah ibn AbulQu'ays entered upon me. I hid myself from him. He said: You are hiding yourself from me while I am your paternal uncle. She said: I said: From where? He said: The wife of my brother suckled you. She said: The woman suckled me and not the man. Thereafter the Messenger of Allah (ﷺ) entered upon me and I told him this matter. He said: He is your paternal uncle; he may enter upon you.

Reference : Sunan Abi Dawud 2057
In-book reference : Book 12, Hadith 12
English translation : Book 11, Hadith 2052
675

Chapter: Regarding Breastfeeding An Adult

A’ishah said the Apostle of Allaah(ﷺ) visited her when a man was with her. The narrator Hafs said “this grieved him and he frowned”. The agreed version then goes, She said “He is my foster brother Apostle of Allaah(ﷺ)”. He said “Consider, who are you brethren, for fosterage is consequent on hunger.”
Reference : Sunan Abi Dawud 2058
In-book reference : Book 12, Hadith 13
English translation : Book 11, Hadith 2053
‘Abd Allaah bin Mas’ud said “Fosterage is not valid except by what strengthens love and grows flesh.” Abu Musa said “Do not ask us so long as this learned man is among us”
Reference : Sunan Abi Dawud 2059
In-book reference : Book 12, Hadith 14
English translation : Book 11, Hadith 2054
The aforesaid tradition has also been narrated by Ibn Mas’ud through a different chain of narrators and to the same effect from the Prophet (ﷺ). This version has the words anshaz al-‘azma meaning which nourishes bones and makes them sturdy and vigorous.
Reference : Sunan Abi Dawud 2060
In-book reference : Book 12, Hadith 15
English translation : Book 11, Hadith 2055
676

Chapter: (About) Who Was Made Prohibited Through Adult Fosterage

A’ishah wife of the Prophet(ﷺ) and Umm Salamah said “Abu Hudaifah bin ‘Utbah bin Rabi’ah bin ‘Abd Shams adopted Salim as his son and married him to his niece Hind, daughter of Al Walid bin ‘Utbah bin Rabi’ah. He (Salim) was the freed slave of a woman from the Ansar (the Helpers) as the Apostle of Allaah(ﷺ) adopted Zaid as his son. In pre Islamic days when anyone adopted a man as his son, the people called him by his name and he was given a share from his inheritance. Allaah, the Exalted, revealed about this matter “Call them by (the name of) their fathers, that is juster in the sight of Allaah. And if ye know not their fathers, then (they are) your brethren in the faith and your clients. They were then called by their names of their fathers. A man, whose father was not known, remained under the protection of someone and considered brother in faith. Sahlah daughter of Suhail bin Amr Al Quraishi then came and said Apostle of Allaah(ﷺ), we used to consider Salim(our) son. He dwelled with me and Abu Hudhaifah in the same house, and he saw me in the short clothes, but Allaah the Exalted, has revealed about them what you know, then what is your opinion about him? The Prophet (ﷺ) said give him your breast feed. She gave him five breast feeds. He then became like her foster son. Hence, A’ishah(may Allaah be pleased with her) used to ask the daughters of her sisters and the daughters of her brethren to give him breast feed five times, whom A’ishah wanted to see and who wanted to visit her. Though he might be of age; he then visited her. But Umm Salamah and all other wives of the Prophet (ﷺ) refused to allow anyone to visit them on the basis of such breast feeding unless one was given breast feed during infancy. They told A’ishah by Allaah we do not know whether that was a special concession granted by the Prophet (ﷺ) to Salim exclusive of the people.
Reference : Sunan Abi Dawud 2061
In-book reference : Book 12, Hadith 16
English translation : Book 11, Hadith 2056
677

Chapter: Does Breastfeeding Less Than Five Times Establish Fosterage?

A’ishah said “In what was sent down in the Qu’ran ten suckling’s made marriage unlawful, but they were abrogated by five known ones and when the Prophet (ﷺ) dies, these words were among what was recited in the Qur’an.”
Reference : Sunan Abi Dawud 2062
In-book reference : Book 12, Hadith 17
English translation : Book 11, Hadith 2057
A’ishah reported “The Apostle of Allaah(ﷺ) as saying One or two sucks does not make marriage unlawful”.
Reference : Sunan Abi Dawud 2063
In-book reference : Book 12, Hadith 18
English translation : Book 11, Hadith 2058
678

Chapter: Giving At The Time Of Weaning

Narrated Hajjaj ibn Malik al-Aslami:

I asked: Messenger of Allah, what will remove from me the obligation due for fostering a child? He said: A slave or a slave-woman.

Reference : Sunan Abi Dawud 2064
In-book reference : Book 12, Hadith 19
English translation : Book 11, Hadith 2059
679

Chapter: Women Whom It Is Disliked To Combine Between (In Marriage)

Abu Hurairah reported The Apostle of Allaah(ﷺ) as saying “ A woman should not be married to one who had married her paternal aunt or a paternal aunt to one who had married her brother’s daughter or a woman to one who had married her maternal aunt or maternal aunt to one who had married her sister’s daughter. A woman who is elder (in relation) must not be married to one who had married a woman who is younger (in relation) to her nor a woman who is younger (in relation) must be married to one who has married a woman who is elder (in relation) to her.”
Reference : Sunan Abi Dawud 2065
In-book reference : Book 12, Hadith 20
English translation : Book 11, Hadith 2060
Abu Hurairah said “The Apostle of Allah (ﷺ) forbade that a woman and her maternal aunt and a woman and her paternal aunt are joined in marriage (to the same man).”
Reference : Sunan Abi Dawud 2066
In-book reference : Book 12, Hadith 21
English translation : Book 11, Hadith 2061

Narrated Abdullah ibn Abbas:

The Prophet (ﷺ) abominated the combination of paternal and maternal aunts and the combination of two maternal aunts and two paternal aunts in marriage.

Reference : Sunan Abi Dawud 2067
In-book reference : Book 12, Hadith 22
English translation : Book 11, Hadith 2062
Ibn Shihab said “’Urwah bin Al Zubair asked A’ishah , wife of the Prophet(ﷺ) about the Qur’anic verse “And if ye fear that ye will not deal fairly by the orphans, marry of the women, who seem good to you.” She said “O my nephew, this means the female orphan who is under the protection of her guardian and she holds a share in his property and her property and beauty attracts him; so her guardian intends to marry her without doing justice to her in respect of her dower and he gives her the same amount of dower as others give her. They (i.e., the guardians) were prohibited to marry them except that they do justice to them and pay them their maximum customary dower and they were asked to marry women other than them (i.e., the orphans) who seem good to them. ‘Urwah reported that A’ishah said “The people then consulted the Apostle of Allaah(ﷺ) about women after revelation of this verse. Thereupon Allaah the Exalted sent down the verse “They consult thee concerning women. Say Allaah giveth you decree concerning them and the scripture which hath been recited unto you(giveth decree) concerning female orphans unto whom you give not that which is ordained for them though you desire to marry them. “ She said “The mention made by Allaah about the Scripture recited to them refers to the former verse in which Allaah has said “And if ye fear that ye will not deal fairly by the orphans, marry of the women, who seem good to you.” A’ishah said “The pronouncement of Allaah , the Exalted in the latter verse “though you desire to marry them” means the disinterest of one of you in marrying a female orphan who was under his protection, but she said little property and beauty. So they were prohibited to marry them for their interest in the property and beauty of the female orphans due to their disinterest in themselves except that they do justice )to them). The narrator Yunus said “Rabi’ah said explain the Qur’anic verse “And if ye fear that ye will not deal fairly by the orphans” means “Leave them if you fear (that you will not do justice to them), for I have made four women lawful for you.”
Reference : Sunan Abi Dawud 2068
In-book reference : Book 12, Hadith 23
English translation : Book 11, Hadith 2063
‘Ali bin al-Hussain said that when they returned to Madeenah from Yazid bin Mu’awiyah the place of massacre of Al Hussain bin Ali(may Allaah be pleased with him) Al Miswar bin Makhramah met them and said “tell me if you have any need for me. I said to him “No”. He then said Will you not give me the sword of the Apostle of Allaah(ﷺ)? I fear the people may not take it from you by force. (He said) By Allaah if you give it to me no one can take it from me so long as I am alive. Ali bin Abi Talib (may Allaah be pleased with him) asked for the hand of Abu Jahl’s daughter in marriage after the marriage with Fathima. I heard the Apostle of Allaah(ﷺ) say while he was addressing the people about this matter on the pulpit and I was mature in those days. Fathima is from me and I am not afraid that she will be tried in respect of her religion. He then mentioned his other son-in-law who belonged to Banu ‘Abd Shams. He admired him immensely for his relationship with him and extolled him well. He said “He talked to me and talked truly and he made promise with me and fulfilled it. I do not make lawful what Is unlawful and unlawful what is lawful. But, by Allaah the daughter of the Apostle of Allaah(ﷺ) and the daughter of the enemy of Allaah can never be combined together.
Reference : Sunan Abi Dawud 2069
In-book reference : Book 12, Hadith 24
English translation : Book 11, Hadith 2064
The aforesaid tradition has also been transmitted by Ibn Abi Mulaikah. He said “’Ali (Allaah be pleased with him) then kept silence about the marriage (i.e., marrying Abi Jahl’s daughter)
Reference : Sunan Abi Dawud 2070
In-book reference : Book 12, Hadith 25
English translation : Book 11, Hadith 2065
Al Miswar bin Makramah said that he heard the Apostle of Allaah(ﷺ) say on the pulpit Banu Hashim bin Al Mughirah sought permission from me to marry their daughter to ‘Ali bin Abi Talib. But I do not permit, again, I do not permit, again, I do not permit except that Ibn Abi Talib divorces my daughter and marries their daughter. My daughter is my part, what makes her uneasy makes me uneasy and what troubles her troubles me. The full information rests with the tradition narrated by Ahmad.
Reference : Sunan Abi Dawud 2071
In-book reference : Book 12, Hadith 26
English translation : Book 11, Hadith 2066
680

Chapter: Regarding Mut'ah Marriages

Al Zuhri said “we were with ‘Umar bin ‘Abd Al Aziz, there we discussed temporary marriage. A man called Rabi bin Saburah said “I bear witness that my father told me that the Apostle of Allaah(ﷺ) had prohibited it at the Farewell Pilgrimage.”
Reference : Sunan Abi Dawud 2072
In-book reference : Book 12, Hadith 27
English translation : Book 11, Hadith 2067

Rabi' b. Saburah reported on the authority of his father:

The Messenger of Allah (ﷺ) prohibited temporary marriage with women.
Reference : Sunan Abi Dawud 2073
In-book reference : Book 12, Hadith 28
English translation : Book 11, Hadith 2068
681

Chapter: Regarding Shighar Marriages

Ibn ‘Umar said “The Apostle of Allaah(ﷺ) prohibited shighar marriage. Musaddad added in his version “I said to ‘Nafi “What is shighar?” (It means that) a man marries the daughter of another man and gives his own daughter to him in marriage without fixing dower; and a man marries the sister of another man and gives him his sister in marriage without fixing dower.
Reference : Sunan Abi Dawud 2074
In-book reference : Book 12, Hadith 29
English translation : Book 11, Hadith 2069

Abdur Rahman ibn Hurmuz al-A'raj said:

Al-Abbas ibn Abdullah ibn al-Abbas married his daughter to Abdur Rahman ibn al-Hakam, and AbdurRahman married his daughter to him. And they made this (exchange) their dower. Mu'awiyah wrote to Marwan commanding him to separate them. He wrote in his letter: This is the shighar which the Messenger of Allah (ﷺ) has forbidden.
Reference : Sunan Abi Dawud 2075
In-book reference : Book 12, Hadith 30
English translation : Book 11, Hadith 2070
682

Chapter: Regarding Tahlil (Intentionally Marrying A Divorcee To Make Her Permissible For Her First Husband)

Narrated Ali ibn AbuTalib:

(The narrator Isma'il said: I think ash-Sha'bi attributed this tradition to the Prophet)

The Prophet (ﷺ) said: Curse be upon the one who marries a divorced woman with the intention of making her lawful for her former husband and upon the one for whom she is made lawful.

Reference : Sunan Abi Dawud 2076
In-book reference : Book 12, Hadith 31
English translation : Book 11, Hadith 2071
The aforesaid tradition has also been transmitted by ‘Ali through a different chain of narrators from the Prophet (ﷺ) to the same effect.
Reference : Sunan Abi Dawud 2077
In-book reference : Book 12, Hadith 32
English translation : Book 11, Hadith 2072
683

Chapter: A Slave Getting Married Without The Permission Of His Owner

Narrated Jabir ibn Abdullah:

The Prophet (ﷺ) said: If any slave marries without the permission of his masters, he is a fornicator.

Reference : Sunan Abi Dawud 2078
In-book reference : Book 12, Hadith 33
English translation : Book 11, Hadith 2073

Ibn ‘Umar reported the Prophet (ﷺ) as saying “If a slave marries without the permission of his master, his marriage is null and void.

Abu Dawud said “This tradition is weak. This is mauquf(does not go back to the Prophet). This is the statement of the Ibn ‘Umar himself.

Reference : Sunan Abi Dawud 2079
In-book reference : Book 12, Hadith 34
English translation : Book 11, Hadith 2074
684

Chapter: Regarding it being disliked for a person to propose after his brother's proposal

Abu Hurairah reported the Apostle of Allaah(ﷺ) as saying “ A man should not seek the hand of a woman in marriage when his brother has already sought her hand.”
Reference : Sunan Abi Dawud 2080
In-book reference : Book 12, Hadith 35
English translation : Book 11, Hadith 2075

Narrated Abdullah ibn Umar:

The Prophet (ﷺ) said: One of you must not ask a woman in marriage when his brother has done so already, and one of you must not sell (his own goods) when his brother has already sold (his goods) except with his permission.

Reference : Sunan Abi Dawud 2081
In-book reference : Book 12, Hadith 36
English translation : Book 11, Hadith 2076
685

Chapter: A Person Looks At A Woman Whom He Desires To Marry

Narrated Jabir ibn Abdullah:

The Prophet (ﷺ) said: When one of you asked a woman in marriage, if he is able to look at what will induce him to marry her, he should do so. He (Jabir) said: I asked a girl in marriage, I used to look at her secretly, until I looked at what induced me to marry her. I, therefore, married her.

Reference : Sunan Abi Dawud 2082
In-book reference : Book 12, Hadith 37
English translation : Book 11, Hadith 2077
686

Chapter: Regarding The Guardian

Narrated Aisha, Ummul Mu'minin:

The Messenger of Allah (ﷺ) said: The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. If there is cohabitation, she gets her dower for the intercourse her husband has had. If there is a dispute, the sultan (man in authority) is the guardian of one who has none.

Reference : Sunan Abi Dawud 2083
In-book reference : Book 12, Hadith 38
English translation : Book 11, Hadith 2078

This tradition has also been transmitted by A’ishah through a different chain of narrators from the Prophet (ﷺ) to the same effect.

Abu Dawud said “Ja’far did not hear any tradition from Al Zuhri. Al Zuhri gave him his writing.”

Reference : Sunan Abi Dawud 2084
In-book reference : Book 12, Hadith 39
English translation : Book 11, Hadith 2079

Narrated Abu Musa:

The Prophet (ﷺ) said: There is no marriage without the permission of a guardian.

Abu Dawud said: The narrator Yunus also transmitted on the authority of Abu Burdah, and Isra'il narrated from Abu Ishaq on the authority of Abu Burdah.

Reference : Sunan Abi Dawud 2085
In-book reference : Book 12, Hadith 40
English translation : Book 11, Hadith 2080

Ibn Az-Zubayr reported on the authority of Umm Habibah that she was the wife of Ibn Jahsh, but he died, He was among those who migrated to Abyssinia. Negus then married her to the Messenger of Allah (ﷺ).

Reference : Sunan Abi Dawud 2086
In-book reference : Book 12, Hadith 41
English translation : Book 11, Hadith 2081
687

Chapter: Regarding The Guardian Preventing The Woman From Marriage

Ma’qil bin Yasar said:
I had a sister and I was asked to give her in marriage. My cousin came to me and I married her to him. He then divorced her one revocable divorce. He abandoned her till her waiting period passed. When I was asked to give her in marriage, he again came to me and asked her in marriage. Thereupon I said to him “No, by Allah, I will never marry her to you. Then the following verse was revealed about my case: “And when ye have divorced women and they reach their term, place not difficulties in the way of their marrying their husbands.” So I expiated for my oath, and married her off to him.
Reference : Sunan Abi Dawud 2087
In-book reference : Book 12, Hadith 42
English translation : Book 11, Hadith 2082
688

Chapter: If Two Guardians Marry Her Off

Narrated Samurah:

The Prophet (ﷺ) said: Any woman who is married by two guardians (to two different men) belongs to the first woman who is married by two guardians (to two different men) belongs to the first of them and anything sold by a man to two persons belongs to the first of them.

Reference : Sunan Abi Dawud 2088
In-book reference : Book 12, Hadith 43
English translation : Book 11, Hadith 2083
689

Chapter: Regarding Allah's Statement: It Is Not Permitted For You To Inherity Women Against Their Will... And Do Not Prevent Them From Re-Marrying

Narrated Abdullah ibn Abbas:

About the Qur'anic verse: "It is not lawful for you forcibly to inherit the woman (of your deceased kinsmen), nor (that) ye should put constraint upon them. When a man died, his relatives had more right to his wife then her own guardian. If any one of them wanted to marry her, he did so; or they married her (to some other person), and if they did not want to marry her, they did so. So this verse was revealed about the matter.

Reference : Sunan Abi Dawud 2089
In-book reference : Book 12, Hadith 44
English translation : Book 11, Hadith 2084
Ibn ‘Abbas explained the Qur’anic verse It is not lawful for you forcibly to inherit the woman (of your deceased kinsmen) nor (that) ye should put constraint upon them that ye may take away a part of that which ye have given them, unless they be guilty of flagrant lewdness and said “This means that a man used to inherit a relative woman. He prevented her from marriage till she died or returned her dower to her. Hence, Allaah prohibited that practice.
Reference : Sunan Abi Dawud 2090
In-book reference : Book 12, Hadith 45
English translation : Book 11, Hadith 2085
The aforesaid tradition has also been transmitted by Al Dahhak to the same effect through a different chain of narrators. This version has Allaah prohibited that (practice).
Reference : Sunan Abi Dawud 2091
In-book reference : Book 12, Hadith 46
English translation : Book 11, Hadith 2086
690

Chapter: Seeking The Girl's Permission

Abu Hurairah reported the Prophet(ﷺ) as saying “ A woman who has been previously married should not be married until her permission is asked nor should a virgin be married without her permission. “They (the people) asked “What is her permission, Apostle of Allaah(ﷺ)? He replied “it is by her keeping silence.”
Reference : Sunan Abi Dawud 2092
In-book reference : Book 12, Hadith 47
English translation : Book 11, Hadith 2087

Narrated Abu Hurairah:

The Prophet (ﷺ) said: An orphan virgin girl should be consulted about herself; if she says nothing that indicates her permission, but if she refuses, the authority of the guardian cannot be exercised against her will. The full information rest with the tradition narrated by Yazid.

Abu Dawud said: This tradition has also been transmitted in a similar way by Abu Khalid Sulaiman b. Hayyan and Mu'adh b. Mu'adh on the authority of Muhammad b. 'Amr.

Reference : Sunan Abi Dawud 2093
In-book reference : Book 12, Hadith 48
English translation : Book 11, Hadith 2088

The aforesaid tradition has also been transmitted through a different chain of narrators by Muhammad bin ‘Amr. This version adds “If she weeps or keeps silence”. The narrator added the word “weeps”.

Abu Dawud said:

The word "weeps" is not guarded. This is a misunderstanding of the tradition on the part of the narrator Ibn Idris or Muhammad b. al-'Ata.

Abu Dawud said: This tradition has also been narrated by Abu 'Amr Dhakwan on the authority of 'Aishah who said: A virgin is ashamed of speaking, Messenger of Allah. He said: Her silence is her acceptance.

Reference : Sunan Abi Dawud 2094
In-book reference : Book 12, Hadith 49
English translation : Book 11, Hadith 2089

Narrated Abdullah ibn Umar:

The Prophet (ﷺ) said: Consult women about (the marriage of) their daughters.

Reference : Sunan Abi Dawud 2095
In-book reference : Book 12, Hadith 50
English translation : Book 11, Hadith 2090
691

Chapter: Regarding A Virgin Who Was Married Off By Her Father Without He Consent

Narrated Abdullah ibn Abbas:

A virgin came to the Prophet (ﷺ) and mentioned that her father had married her against her will, so the Prophet (ﷺ) allowed her to exercise her choice.

Reference : Sunan Abi Dawud 2096
In-book reference : Book 12, Hadith 51
English translation : Book 11, Hadith 2091
The above tradition has been transmitted by ‘Ikrimah from the Prophet (ﷺ). Abu Dawud said “He (Muhammad bin ‘Ubaid) did not mention the name of Ibn ‘Abbas in the chain of this tradition. The people have also narrated it mursal (without the mention of the name of Ibn ‘Abbas) in a similar way. Its transmission in the mursal form is well known.
Reference : Sunan Abi Dawud 2097
In-book reference : Book 12, Hadith 52
English translation : Book 11, Hadith 2092
692

Chapter: Regarding Widowed And Divorced Women

Ibn ‘Abbas reported the Apostle of Allaah(ﷺ) as saying “A woman without a husband has more right to her person than her guardian and a virgin’s permission must be asked, her permission being her silence. These are the words of Al Qa’nabi.
Reference : Sunan Abi Dawud 2098
In-book reference : Book 12, Hadith 53
English translation : Book 11, Hadith 2093

The above tradition has been transmitted by ‘Abd Allaah bin Al Fadl through his chain of narrators and with different meaning. The version goes “A woman without a husband has more right to her person than her guardian and the father of a virgin should ask her permission about herself.”

Abu Dawud said “ The word “her father” is not guarded.

Reference : Sunan Abi Dawud 2099
In-book reference : Book 12, Hadith 54
English translation : Book 11, Hadith 2094

Narrated Abdullah ibn Abbas:

The Prophet (ﷺ) said: A guardian has no concern with a woman previously married and has no husband, and an orphan girl (i.e. virgin) must be consulted, her silence being her acceptance.

Reference : Sunan Abi Dawud 2100
In-book reference : Book 12, Hadith 55
English translation : Book 11, Hadith 2095
Khansa’ daughter of Khidham al-Ansariyyah reports that when her father married her when she had previously been married and she disapproved of that she went to the Apostle of Allaah(ﷺ) and mentioned it to him. He (the Prophet) revoked her marriage.
Reference : Sunan Abi Dawud 2101
In-book reference : Book 12, Hadith 56
English translation : Book 11, Hadith 2096
693

Chapter: Regarding Suitability

Narrated AbuHurayrah:

AbuHind cupped the Prophet (ﷺ) in the middle of his head. The Prophet (ﷺ) said: Banu Bayadah, marry AbuHind (to your daughter), and ask him to marry (his daughter) to you. He said: The best thing by which you treat yourself is cupping.

Reference : Sunan Abi Dawud 2102
In-book reference : Book 12, Hadith 57
English translation : Book 11, Hadith 2097
694

Chapter: Marrying Someone That Is Not Yet Born

Narrated Maymunah, daughter of Kardam:

I went out along with my father during the hajj performed by the Messenger of Allah (ﷺ). I saw the Messenger of Allah (ﷺ). My father came near him; he was riding his she-camel. He stopped there and listened to him. He had a whip like the whip of the teachers. I heard the Bedouin and the people saying: Keep away from the whip. My father came up to him. He caught hold of his foot and acknowledged him (his Prophethood). He stopped and listened to him.

He then said: I participated in the army of Athran (in the pre-Islamic days).

The narrator, Ibn al-Muthanna, said: Army of Gathran. Tariq ibn al-Muraqqa' said: Who will give me a lance and get a reward?

I asked: What is its reward? He replied: I shall marry him to my first daughter born to me. So I gave him my lance and then disappeared from him till I knew that a daughter was born to him and she came of age.

I then came to him and said: Send my wife to me. He swore that he would not do that until I fixed a dower afresh other than that agreed between me and him, and I swore that I should not give him the dower other than that I had given him before.

The Messenger of Allah (ﷺ) said: How old is she now?

He said: She has grown old. He said: I think you should leave her. He said: This put awe and fear into me, and I looked at the Messenger of Allah (ﷺ).

When he felt this in me, he said: You will not be sinful, nor will your companion be sinful.

Abu Dawud said: Qatir means old age.

Reference : Sunan Abi Dawud 2103
In-book reference : Book 12, Hadith 58
English translation : Book 11, Hadith 2098
Ibrahim bin Maisarah reported from his maternal aunt who reported on the authority of a woman called Mussaddaqah (a truthful woman). She said “In pre Islamic days, when my father participated in a battle the feet of the people burnt due to intense heat. Thereupon a man said “Who gives me his shoes, I shall marry him to my first daughter born to me. My father took off his shoes and there them before him. A girl was thereafter born to him and came of age.” The narrator then mentioned a similar story. But he did not mention that she had grown old.
Reference : Sunan Abi Dawud 2104
In-book reference : Book 12, Hadith 59
English translation : Book 11, Hadith 2099
695

Chapter: Regarding The Dowry

Abu Salamah said “I asked A’ishah about the dower given by the Apostle of Allaah(ﷺ). She said “It was twelve Uqiyahs and a nashsh”. I asked “What is nashsh?” She said it is half an uqiyah.
Reference : Sunan Abi Dawud 2105
In-book reference : Book 12, Hadith 60
English translation : Book 11, Hadith 2100

AbulAjfa' as-Sulami said:

Umar (Allah be pleased with him) delivered a speech to us and said: Do not go to extremes in giving women their dower, for if it represented honour in this world and piety in Allah's sight, the one of you most entitled to do so would have been the Prophet (ﷺ). The Messenger of Allah (ﷺ) did not marry any of his wives or gave any of his daughters in marriage for more than twelve uqiyahs.
Reference : Sunan Abi Dawud 2106
In-book reference : Book 12, Hadith 61
English translation : Book 11, Hadith 2101

Urwah reported on the authority of Umm Habibah that she was married to Abdullah ibn Jahsh who died in Abyssinia, so the Negus married her to the Prophet (ﷺ) giving her on his behalf a dower of four thousand (dirhams). He sent her to the Messenger of Allah (ﷺ) with Shurahbil ibn Hasanah. AbuDawud said:

Hasanah is his mother.
Reference : Sunan Abi Dawud 2107
In-book reference : Book 12, Hadith 62
English translation : Book 11, Hadith 2102

Az-Zuhri said:

The Negus married Umm Habibah daughter of Abu Sufyan to the Messenger of Allah (ﷺ) for a dower of four thousand dirhams. He wrote it to the Messenger of Allah (ﷺ) who accepted it.
Reference : Sunan Abi Dawud 2108
In-book reference : Book 12, Hadith 63
English translation : Book 11, Hadith 2103
696

Chapter: Regarding A Small Dowry

Narrated Anas:
The Messenger of Allah (ﷺ) saw the trace of yellow on 'Abd al-Rahman b. 'Awf. The Prophet (ﷺ) said: What is this ? He replied: Messenger of Allah, I have married a woman. He asked: How much dower did you give her ? He said: A nawat weight of gold. He said: Hold a wedding feast, even if only with a sheep.
Reference : Sunan Abi Dawud 2109
In-book reference : Book 12, Hadith 64
English translation : Book 11, Hadith 2104

Narrated Jabir ibn Abdullah:

The Prophet (ﷺ) said: If anyone gives as a dower to his wife two handfuls of flour or dates he has made her lawful for him.

AbuDawud said: This tradition has been narrated by Abdur Rahman ibn Mahdi, from Salih ibn Ruman, from Abu al-Zubayr on the authority of Jabir as his own statement (not going back to the Prophet). It has also been transmitted by AbuAsim from Salih ibn Ruman , from AbuzZubayr on the authority of Jabir who said: During the lifetime of the Messenger of Allah (ﷺ) we used to contract temporary marriage for a handful of grain.

Abu Dawud said: This tradition has also been transmitted by Ibn Juraij from Abu al-Zubair on the authority of Jabir similar to the one narrated by Abu 'Asim.

Reference : Sunan Abi Dawud 2110
In-book reference : Book 12, Hadith 65
English translation : Book 11, Hadith 2105
697

Chapter: On The Dowry Being Some Actions That He Must Perform

Narrated Sahl b. Sa'd al-Sa'idi :
A woman came to the Messenger of Allah (ﷺ) and said: Messenger of Allah, I have offered myself to you. When she stood for a long time, a man got up and said: Messenger of Allah, marry her to me if you have no need for her. The Messenger of Allah (ﷺ) asked: Have you anything to give her as dower ? He replied: I have nothing by this lower garment of mine. The Messenger of Allah (ﷺ) said: If you give your lower garment, you will sit while you have no lower garment. So look for something else. He said: I do not find anything. He said: Look for something, even though it should be an iron ring. The man sought it but found nothing. The Messenger of Allah (ﷺ) said: Do you know anything from the Qur'an ? He said: Yes, I know surah so and so, which he named. The Messenger of Allah (ﷺ) said: I have given you her in marriage for the part of the Qur'an which you know.
Reference : Sunan Abi Dawud 2111
In-book reference : Book 12, Hadith 66
English translation : Book 11, Hadith 2106
A tradition similar to the one narrated above has also been transmitted by Abu Hurairah through a different chain of narrators. This version does not mention the lower garment and iron ring. He (the Prophet) said:
How much do you memorize from Qur'an? He said: Surat al-Baqarah or the one that follows it. He said: Stand up and teach her twenty verses: she is your wife.
Reference : Sunan Abi Dawud 2112
In-book reference : Book 12, Hadith 67
English translation : Book 11, Hadith 2107
Makhul has also transmitted a tradition like the one narrated by Sahl (b. Sa'd al-Sa'idi). Makhul used to say:
This is not lawful for anyone after the Messenger of Allah (ﷺ).
Reference : Sunan Abi Dawud 2113
In-book reference : Book 12, Hadith 68
English translation : Book 11, Hadith 2108
698

Chapter: Regarding One Who Married Without Specifying The Dowry And Then Died

Narrated Abdullah ibn Mas'ud:

Masruq said on the authority of Abdullah ibn Mas'ud: Abdullah (ibn Mas'ud ) was asked about a man who had married a woman without cohabiting with her or fixing any dower for her till he died. Ibn Mas'ud said: She should receive the full dower (as given to women of her class), observe the waiting period ('Iddah), and have her share of inheritance. Thereupon Ma'qil ibn Sinan said: I heard the Messenger of Allah (ﷺ) giving the same decision regarding Birwa' daughter of Washiq (as the decision you have given).

Reference : Sunan Abi Dawud 2114
In-book reference : Book 12, Hadith 69
English translation : Book 11, Hadith 2109
The aforesaid tradition has also been transmitted by 'Alqamah on the authority of 'Abd Allah. 'Uthman (b. Abi Shaibah) narrated a similar tradition.
Reference : Sunan Abi Dawud 2115
In-book reference : Book 12, Hadith 70
English translation : Book 11, Hadith 2110

Narrated Abdullah ibn Mas'ud:

Abdullah ibn Utbah ibn Mas'ud said: Abdullah ibn Mas'ud was informed of this story of a man. The people continued to visit him for a month or visited him many times (the narrator was not sure).

He said: In this matter I hold the opinion that she should receive the type of dower given to women of her class with no diminution or excess, observe the waiting period ('iddah) and have her share of inheritance. If it is erroneous, that is from me and from Satan. Allah and His Apostle are free from its responsibility. Some people from Ashja' got up; among them were al-Jarrah and AbuSinan.

They said: Ibn Mas'ud, we bear witness that the Messenger of Allah (ﷺ) gave a decision for us regarding Birwa', daughter of Washiq, to the same effect as the decision you have given. Her husband was Hilal ibn Murrah al-Ashja'i. Thereupon Abdullah ibn Mas'ud was very pleased when his decision agreed with the decision of the Messenger of Allah (ﷺ).

Reference : Sunan Abi Dawud 2116
In-book reference : Book 12, Hadith 71
English translation : Book 11, Hadith 2111

Narrated Uqbah ibn Amir:

The Prophet (ﷺ) said to a man: Would you like me to marry you to so-and-so?

He said: Yes. He also said to the woman: Would you like me to marry you to so-and-so?

She said: Yes. He then married one to the other. The man had sexual intercourse with her, but he did not fix any dower for her, nor did he give anything to her. He was one of those who participated in the expedition to al-Hudaybiyyah. One part of the expedition to al-Hudaybiyyah had a share in Khaybar.

When he was nearing his death, he said: The Messenger of Allah (ﷺ) married me to so-and-so, and I did not fix a dower for her, nor did I give anything to her. I call upon you as witness that I have given my share in Khaybar as her dower. So she took the share and sold it for one lakh (of dirhams).

Abu Dawud said: The version of 'Umar b. al-Khattab added in the beginning of this tradition, and his version is more perfect. He reported the Messenger of Allah (ﷺ) as saying: The best marriage is the one that is most easy. The Messenger of Allah (ﷺ) said to the man. The narrator then transmitted the rest of the tradition to the same effect.

Abu Dawud said: I am afraid this tradition has been added later on, for the matter is otherwise.

Reference : Sunan Abi Dawud 2117
In-book reference : Book 12, Hadith 72
English translation : Book 11, Hadith 2112
699

Chapter: Regarding A Sermon For The Marriage

Narrated Abdullah ibn Mas'ud:

The Messenger of Allah (ﷺ) taught us the address in case of some need:

Praise be to Allah from Whom we ask help and pardon, and in Whom we take refuge from the evils within ourselves. He whom Allah guides has no one who can lead him astray, and he whom He leads astray has no one to guide him. I testify that there is no god but Allah, and I testify that Muhammad is His servant and Apostle.

"You who believe,...fear Allah by Whom you ask your mutual rights, and reverence the wombs. Allah has been watching you." ..."you who believe, fear Allah as He should be feared, and die only as Muslims" ...."you who believe, fear Allah as He should be feared, and die only as Muslims"....."you who believe, fear Allah and say what is true. He will make your deeds sound, and forgive your sins. He who obeys Allah and His Apostle has achieved a mighty success."

The narrator, Muhammad ibn Sulayman, did mention the word "inna" (verily).

Reference : Sunan Abi Dawud 2118
In-book reference : Book 12, Hadith 73
English translation : Book 11, Hadith 2113

Narrated Abdullah ibn Mas'ud:

When the Messenger of Allah (ﷺ) recited the tashahhud....He then narrated the same tradition. In this version after the word "and His Apostle" he added the words: "He has sent him in truth as a bearer of glad tidings and a warner before the Hour. He who obeys Allah and His Prophet is on the right path, and he who disobeys them does not harm anyone except himself, and he does not harm Allah to the least.

Reference : Sunan Abi Dawud 2119
In-book reference : Book 12, Hadith 74
English translation : Book 11, Hadith 2114
Narrated Isma'il bin Ibrahim:
On the authority of a man from Banu Sulaim: I asked the Prophet (ﷺ) to marry Umamah daughter of 'Abd al-Muttalib to me. So he married her to me without reciting the tashahhud (i.e. the sermon for marriage).
Reference : Sunan Abi Dawud 2120
In-book reference : Book 12, Hadith 75
English translation : Book 11, Hadith 2115
700

Chapter: Regarding The Marriage Of The Young

Narrated 'Aishah:
The Messenger of Allah (ﷺ) married me when I was seven years old. The narrator Sulaiman said: or Six years. He had intercourse with me when I was nine years old.
Reference : Sunan Abi Dawud 2121
In-book reference : Book 12, Hadith 76
English translation : Book 11, Hadith 2116
701

Chapter: Residing With A Virgin (After Marriage)

'Abd al-Malik b. Abi Bakr reported from his father on the authority of Umm Salamah:
When the Messenger of Allah (ﷺ) married Umm Salamah, he stayed with her three night, and said: Your people (i.e. clan) are not being humbled for you in my estimation. If you wish I shall stay with you seven nights; and if I stay with you seven nights, I shall stay with my other wives seven nights.
Reference : Sunan Abi Dawud 2122
In-book reference : Book 12, Hadith 77
English translation : Book 11, Hadith 2117
Narrated Anas bin Malik:
When the Messenger of Allah (ﷺ) married Safiyyah, he stayed with her three nights. The narrator 'Uthman added: She was non virgin (previously married). He said: This tradition has been narrated to me by Hushaim, reported by Humaid, and transmitted by Anas.
Reference : Sunan Abi Dawud 2123
In-book reference : Book 12, Hadith 78
English translation : Book 11, Hadith 2118
Narrated Anas b. Malik :
When a man who has a wife married a virgin he should stay with her seven nights ; if he marries to a woman who has been previously married he should stay with her three nights. (The narrator said:) If I say that he (Anas) narrated this tradition from the Prophet (ﷺ) I shall be true. But he said: The Sunnah is so-and-so.
Reference : Sunan Abi Dawud 2124
In-book reference : Book 12, Hadith 79
English translation : Book 11, Hadith 2119
702

Chapter: Regarding A Man Who Consummates His Marriage Before Giving Any Monetary Amount To His Wife

Narrated Abdullah ibn Abbas:

When Ali married Fatimah, the Prophet (ﷺ) said to him: Give her something. He said: I have nothing with me. He said: Where is your Hutamiyyah (coat of mail).

Reference : Sunan Abi Dawud 2125
In-book reference : Book 12, Hadith 80
English translation : Book 11, Hadith 2120

Muhammad ibn Abdur Rahman ibn Thawban reported on the authority of a man from the Companions of the Prophet (ﷺ):

When Ali married Fatimah, daughter of the Messenger of Allah (ﷺ), he intended to have intercourse with her. The Messenger of Allah (ﷺ) prohibited him to do so until he gave her something. Ali said: I have nothing with me, Messenger of Allah. The Prophet (ﷺ) said: Give her your coat of mail. So he gave her his coat of mail, and then cohabited with her.
Reference : Sunan Abi Dawud 2126
In-book reference : Book 12, Hadith 81
English translation : Book 11, Hadith 2121
A similar tradition has also been transmitted by Ibn 'Abbas through a different chain of narrators.
Reference : Sunan Abi Dawud 2127
In-book reference : Book 12, Hadith 82
English translation : Book 11, Hadith 2122

Narrated Aisha, Ummul Mu'minin:

The Messenger of Allah (ﷺ) commanded me to send a woman to her husband before he gave something to her.

Abu Dawud said: The narrator Khaithamah did not hear (any tradition) from 'Aishah.

Reference : Sunan Abi Dawud 2128
In-book reference : Book 12, Hadith 83
English translation : Book 11, Hadith 2123

'Amr b. Shu'aib on his father's authority said that his grandfather reported The Messenger of Allah (ﷺ) said:

A woman who marries on a dower or a reward or a promise before the solemnisation of marriage is entitled to it; and whatever is fixed for her after solemnisation of marriage belongs to whom it is given. A man is more entitled to receive a thing given as a gift on account of his daughter or sister (than other kinds of gifts).
Reference : Sunan Abi Dawud 2129
In-book reference : Book 12, Hadith 84
English translation : Book 11, Hadith 2124
703

Chapter: What Is Said To The One Who Marries

Narrated AbuHurayrah:

When the Prophet (ﷺ) congratulated a man on his marriage, he said: May Allah bless for you, and may He bless on you, and combine both of you in good (works).

Reference : Sunan Abi Dawud 2130
In-book reference : Book 12, Hadith 85
English translation : Book 11, Hadith 2125
704

Chapter: A Man That Marries A Woman And Finds Her Pregnant

A man from the Ansar called Basrah said:

I married a virgin woman in her veil. When I entered upon her, I found her pregnant. (I mentioned this to the Prophet). The Prophet (ﷺ) said: She will get the dower, for you made her vagina lawful for you. The child will be your slave. When she has begotten (a child), flog her (according to the version of al-Hasan). The version of Ibn AbusSari has: You people, flog her, or said: inflict hard punishment on him.

Abu Dawud said: This tradition has been transmitted by Qatadah from Sa'd b. Yazid on the authority of Ibn al-Musayyab in a similar way. This tradition has been narrated by Yahya b. Abi Kathir from Yazid b. Nu'aim from Sa'id b. al-Musayyab, and 'Ata al-Khurasani narrated it from Sa'id b. al-Musayyab ; they all narrated this tradition from the Prophet (ﷺ) omitting the link of the Companion (i.e. a mursal tradition). The version of Yahya b. Abi Kathir has: Basrah b. Aktham married a woman. The agreed version has: He made the child his servant.

Reference : Sunan Abi Dawud 2131
In-book reference : Book 12, Hadith 86
English translation : Book 11, Hadith 2126
Sa'id b. al-Musayyab said:
A man called Basrah b. Akhtam married a woman. The narrator then reported the rest of the tradition to the same effect. This version added: And he separated them. The tradition narrated by Ibn Juraij is perfect.
Reference : Sunan Abi Dawud 2132
In-book reference : Book 12, Hadith 87
English translation : Book 11, Hadith 2127
705

Chapter: Dividing (Fairly) Between One's Wives

Narrated AbuHurayrah:

The Prophet (ﷺ) said: When a man has two wives and he is inclined to one of them, he will come on the Day of resurrection with a side hanging down.

Reference : Sunan Abi Dawud 2133
In-book reference : Book 12, Hadith 88
English translation : Book 11, Hadith 2128

Narrated Aisha, Ummul Mu'minin:

The Messenger of Allah (ﷺ) used to divide his time equally and said: O Allah, this is my division concerning what I control, so do not blame me concerning what You control and I do not.

Abu Dawud said: By it meant the heart.

Reference : Sunan Abi Dawud 2134
In-book reference : Book 12, Hadith 89
English translation : Book 11, Hadith 2129
Narrated Hisham b. 'Urwah:
On the authority of his father that 'Aishah said: O my nephew, the Messenger of Allah (ﷺ) did not prefer one of us to the other in respect of his division of the time of his staying with us. It was very rare that he did not visit us any day (i.e. he visited all of us every day). He would come near each of his wives without having intercourse with her until he reached the one who had her day and passed his night with her. When Saudah daughter of Zam'ah became old and feared that the Messenger of Allah (ﷺ) would divorce her, she said: Messenger of Allah, I give to 'Aishah the day you visit me. The Messenger of Allah (ﷺ) accepted it from her. She said: We think that Allah, the Exalted, revealed about this or similar matter the Qur'anic verse: "If a wife fears cruelty or desertion on her husband's part...." [4:128]
Reference : Sunan Abi Dawud 2135
In-book reference : Book 12, Hadith 90
English translation : Book 11, Hadith 2130
Narrated 'Aishah:
The Messenger of Allah (ﷺ) used to aske our permission on the day he had to stay with one of his wives (by turns) after the following Qur'anic verse was revealed: "You may distance those whom you like, and draw close to those whom you like" [33:51]. The narrator Mu'adhah said: I said to her: What did you say to the Messenger of Allah (ﷺ) ? She said: I used to say: If had an option for that, I would not preferred anyone to myself.
Reference : Sunan Abi Dawud 2136
In-book reference : Book 12, Hadith 91
English translation : Book 11, Hadith 2131
A’ishah said The Apostle of Allaah(ﷺ) sent for his wives during his illness. When they got together, he(ﷺ) said “I am unable to visit all of you. If you think to permit me to stay with A’ishah you may do so.” So they permitted him (to stay with A’ishah).
Reference : Sunan Abi Dawud 2137
In-book reference : Book 12, Hadith 92
English translation : Book 11, Hadith 2132
A’ishah wife of the Prophet (ﷺ) reported “When the Apostle of Allaah(ﷺ) intended to go on a journey he cast lots amongst his wives and the one who was chosen by lot went on it with him. He divided his time, day and night (equally) for each of his wives except that Saudah daughter of Zam’ah gave her day to A’ishah.
Reference : Sunan Abi Dawud 2138
In-book reference : Book 12, Hadith 93
English translation : Book 11, Hadith 2133
706

Chapter: Regarding A Man Who Has Agreed To The Condition Of Living In Her Place Of Residence

‘Uqbah bin ‘Amir reported the Apostle of Allaah (ﷺ) as saying “The condition worthier to be fulfilled by you is the one by which you made the private parts (of your wife) lawful (for you).
Reference : Sunan Abi Dawud 2139
In-book reference : Book 12, Hadith 94
English translation : Book 11, Hadith 2134
707

Chapter: The Rights That The Husband Has Over The Wife

Narrated Qays ibn Sa'd:

I went to al-Hirah and saw them (the people) prostrating themselves before a satrap of theirs, so I said: The Messenger of Allah (ﷺ) has most right to have prostration made before him. When I came to the Prophet (ﷺ), I said: I went to al-Hirah and saw them prostrating themselves before a satrap of theirs, but you have most right, Messenger of Allah, to have (people) prostrating themselves before you. He said: Tell me , if you were to pass my grave, would you prostrate yourself before it? I said: No. He then said: Do not do so. If I were to command anyone to make prostration before another I would command women to prostrate themselves before their husbands, because of the special right over them given to husbands by Allah.

Reference : Sunan Abi Dawud 2140
In-book reference : Book 12, Hadith 95
English translation : Book 11, Hadith 2135
Abu Hurairah reported the Prophet (ﷺ) as saying “When a man calls his wife to come to his bed and she refuses and does not come to him and he spends the night angry, the angels curse her till the morning.”
Reference : Sunan Abi Dawud 2141
In-book reference : Book 12, Hadith 96
English translation : Book 11, Hadith 2136
708

Chapter: The Rights Of A Woman Upon Her Husband

Narrated Mu'awiyah al-Qushayri:

Mu'awiyah asked: Messenger of Allah, what is the right of the wife of one of us over him? He replied: That you should give her food when you eat, clothe her when you clothe yourself, do not strike her on the face, do not revile her or separate yourself from her except in the house.

Abu Dawud said: The meaning of "do not revile her" is, as you say: "May Allah revile you".

Reference : Sunan Abi Dawud 2142
In-book reference : Book 12, Hadith 97
English translation : Book 11, Hadith 2137

Bahz bin Hakim reported on the authority of his father from his grandfather (Mu'awiyah ibn Haydah) as saying:

I said: Messenger of Allah, how should we approach our wives and how should we leave them? He replied: Approach your tilth when or how you will, give her (your wife) food when you take food, clothe when you clothe yourself, do not revile her face, and do not beat her.

Abu Dawud said: The version of Shu'bah has: That you give her food when you have food yourself, and that you clothe her when you clothe yourself.

Reference : Sunan Abi Dawud 2143
In-book reference : Book 12, Hadith 98
English translation : Book 11, Hadith 2138

Narrated Mu'awiyah al-Qushayri:

I went to the Messenger of Allah (ﷺ) and asked him: What do you say (command) about our wives? He replied: Give them food what you have for yourself, and clothe them by which you clothe yourself, and do not beat them, and do not revile them.

Reference : Sunan Abi Dawud 2144
In-book reference : Book 12, Hadith 99
English translation : Book 11, Hadith 2139
709

Chapter: Regarding Hitting Women

Abu Harrah Al Ruqashi reported on the authority of his uncle” The Prophet (ﷺ) said “If you fear the recalcitrance abandon them in their beds.”

The narrator Hammad said “By abandonment he meant abandonment of intercourse.”

Reference : Sunan Abi Dawud 2145
In-book reference : Book 12, Hadith 100
English translation : Book 11, Hadith 2140

Iyas ibn Abdullah ibn Abu Dhubab reported the Messenger of Allah (ﷺ) as saying:

Do not beat Allah's handmaidens, but when Umar came to the Messenger of Allah (ﷺ) and said: Women have become emboldened towards their husbands, he (the Prophet) gave permission to beat them. Then many women came round the family of the Messenger of Allah (ﷺ) complaining against their husbands. So the Messenger of Allah (ﷺ) said: Many women have gone round Muhammad's family complaining against their husbands. They are not the best among you.
Reference : Sunan Abi Dawud 2146
In-book reference : Book 12, Hadith 101
English translation : Book 11, Hadith 2141

Narrated Umar ibn al-Khattab:

The Prophet (ﷺ) said: A man will not be asked as to why he beat his wife.

Reference : Sunan Abi Dawud 2147
In-book reference : Book 12, Hadith 102
English translation : Book 11, Hadith 2142
710

Chapter: Regarding The Command To Lower The Gaze

Jarir said I asked the Apostle of Allaah(ﷺ) about an accidental glance (on a woman). He (ﷺ) said “Turn your eyes away.”
Reference : Sunan Abi Dawud 2148
In-book reference : Book 12, Hadith 103
English translation : Book 11, Hadith 2143

Narrated Buraydah ibn al-Hasib:

The Prophet (ﷺ) said: to Ali: Do not give a second look, Ali, (because) while you are not to blame for the first, you have no right to the second.

Reference : Sunan Abi Dawud 2149
In-book reference : Book 12, Hadith 104
English translation : Book 11, Hadith 2144
Ibn Masu’d reported the Apostle of Allaah(ﷺ) as saying “ A woman should not rub her body directly with the body of another woman so that she describes it to her husband as if he were looking at her.”
Reference : Sunan Abi Dawud 2150
In-book reference : Book 12, Hadith 105
English translation : Book 11, Hadith 2145
Jabir said “The Prophet (ﷺ) saw a woman so he entered upon Zainab daughter of Jahsh and had intercourse with her. He (ﷺ) then came out and said to his companions and said to them “A woman advances in the form of a devil. When one of you finds that he should go to his wife (and have intercourse with her) for that will repel what he is feeling.
Reference : Sunan Abi Dawud 2151
In-book reference : Book 12, Hadith 106
English translation : Book 11, Hadith 2146
Ibn ‘Abbas said “I did not see anything more resembling to minor sins than what Abu Hurairah reported from the Prophet (ﷺ) who said “Allaah has decreed for the children of Adam a share in adultery, he will get it by all means, the adultery of eyes is looking; the adultery of tongue is speaking; the soul desires and has a passion; the private parts confirms or falsifies it.”
Reference : Sunan Abi Dawud 2152
In-book reference : Book 12, Hadith 107
English translation : Book 11, Hadith 2147
Abu Hurairah reported the Prophet (ﷺ) as saying “ Every child of Adam has his share in adultery. He then narrated the rest of the tradition. This version goes “And the hands commit adultery; their adultery is catching; and the legs commit adultery; their adultery is walking; and the mouth commits adultery – its adultery is kissing.”
Reference : Sunan Abi Dawud 2153
In-book reference : Book 12, Hadith 108
English translation : Book 11, Hadith 2148
The aforesaid tradition has also been transmitted by Abu Hurairah through a different chain of narrators. This version adds “The fornication of ear is hearing.”
Reference : Sunan Abi Dawud 2154
In-book reference : Book 12, Hadith 109
English translation : Book 11, Hadith 2149
711

Chapter: Regarding Intercourse With Captives

Abu Sa’id Al Khudri said “The Apostle of Allaah(ﷺ) sent a military expedition to Awtas on the occasion of the battle of Hunain. They met their enemy and fought with them. They defeated them and took them captives. Some of the Companions of Apostle of Allaah (ﷺ) were reluctant to have relations with the female captives because of their pagan husbands. So, Allaah the exalted sent down the Qur’anic verse “And all married women (are forbidden) unto you save those (captives) whom your right hand posses.” This is to say that they are lawful for them when they complete their waiting period.
Reference : Sunan Abi Dawud 2155
In-book reference : Book 12, Hadith 110
English translation : Book 11, Hadith 2150
Abu Al Darda said “The Apostle of Allaah(ﷺ) was in a battle. He saw a woman who was nearing the time when she was to deliver a child. “He said “Perhaps the master has intercourse with her.”. They(the people) said “Yes”. He said “I am inclined to invoke a curse on him which will enter his grave with him. How can he make it (the child) an heir when it is not lawful for him? How can he take it into his service when that is not lawful for him?”
Reference : Sunan Abi Dawud 2156
In-book reference : Book 12, Hadith 111
English translation : Book 11, Hadith 2151
Abu Sa’id Al Khudri traced to Prophet (ﷺ) the following statement regarding the captives taken at Atwas. There must be no intercourse with pregnant woman till she gives birth to her child or with the one who is not pregnant till she has had one menstrual period.
Reference : Sunan Abi Dawud 2157
In-book reference : Book 12, Hadith 112
English translation : Book 11, Hadith 2152

Narrated Ruwayfi' ibn Thabit al-Ansari:

Should I tell you what I heard the Messenger of Allah (ﷺ) say on the day of Hunayn: It is not lawful for a man who believes in Allah and the last day to water what another has sown with his water (meaning intercourse with women who are pregnant); it is not lawful for a man who believes in Allah and the Last Day to have intercourse with a captive woman till she is free from a menstrual course; and it is not lawful for a man who believes in Allah and the Last Day to sell spoil till it is divided.

Reference : Sunan Abi Dawud 2158
In-book reference : Book 12, Hadith 113
English translation : Book 11, Hadith 2153

The aforesaid tradition has also been transmitted by Ibn Ishaq through a different chain of narrators. This version has the traditional word “a menstrual course” in the phrase “till she is free from a menstrual course”. This is a misunderstanding on the part of the narrator Abu Mu’awiyah. This is correct in the tradition of Abu Sa’id Al Khudri. This version has the additional words “he who believes in Allaah and the Last Day should not ride on a mount belonging to the spoil of Muslims and when he makes it emaciated returns it; he who believes in Allaah and the Last Day should not put on cloth belonging to the spoils of Muslims and when makes it old (shabby) returns it.

Abu Dawud said “The word “menstrual course” is not guarded. This is a misunderstanding on the part of Abu Mu’awiyah”

Reference : Sunan Abi Dawud 2159
In-book reference : Book 12, Hadith 114
English translation : Book 11, Hadith 2154
712

Chapter: Regarding Intercourse

'Amr b. Shu'aib on his father's authority said that his grandfather (Abdullah ibn Amr ibn al-'As) reported the Prophet (ﷺ) said:

If one of you marries a woman or buys a slave, he should say: "O Allah, I ask You for the good in her, and in the disposition You have given her; I take refuge in You from the evil in her, and in the disposition You have given her." When he buys a camel, he should take hold of the top of its hump and say the same kind of thing.

Abu Dawud said: Abu Sa'id added the following words in his version: He should then tale hold of her forelock and pray for blessing in the case of a woman or a slave.

Reference : Sunan Abi Dawud 2160
In-book reference : Book 12, Hadith 115
English translation : Book 11, Hadith 2155
Ibn ‘Abbas reported the Prophet (ﷺ) as saying “If anyone who means to have intercourse with his wife says “In the name of Allaah, O Allaah, keep us away from the devil and keep the devil away from what You hast provided us.” It will be ordained that no devil will ever harm the child born to them.
Reference : Sunan Abi Dawud 2161
In-book reference : Book 12, Hadith 116
English translation : Book 11, Hadith 2156

Narrated AbuHurayrah:

The Prophet (ﷺ) said: He who has intercourse with his wife through her anus is accursed.

Reference : Sunan Abi Dawud 2162
In-book reference : Book 12, Hadith 117
English translation : Book 11, Hadith 2157
Muhammad bin Al Munkadir said I heard Jabir say The Jews used to say “When a man has intercourse with his wife through the vagina, but being on her back the child will have a squint, so the verse came down. Your wives are a tilth to you, so come to your tilth however you will.”
Reference : Sunan Abi Dawud 2163
In-book reference : Book 12, Hadith 118
English translation : Book 11, Hadith 2158

Narrated Abdullah Ibn Abbas:

Ibn Umar misunderstood (the Qur'anic verse, "So come to your tilth however you will")--may Allah forgive him. The fact is that this clan of the Ansar, who were idolaters, lived in the company of the Jews who were the people of the Book. They (the Ansar) accepted their superiority over themselves in respect of knowledge, and they followed most of their actions. The people of the Book (i.e. the Jews) used to have intercourse with their women on one side alone (i.e. lying on their backs). This was the most concealing position for (the vagina of) the women. This clan of the Ansar adopted this practice from them. But this tribe of the Quraysh used to uncover their women completely, and seek pleasure with them from in front and behind and laying them on their backs.

When the muhajirun (the immigrants) came to Medina, a man married a woman of the Ansar. He began to do the same kind of action with her, but she disliked it, and said to him: We were approached on one side (i.e. lying on the back); do it so, otherwise keep away from me. This matter of theirs spread widely, and it reached the Messenger of Allah (ﷺ).

So Allah, the Exalted, sent down the Qur'anic verse: "Your wives are a tilth to you, so come to your tilth however you will," i.e. from in front, from behind or lying on the back. But this verse meant the place of the delivery of the child, i.e. the vagina.

Reference : Sunan Abi Dawud 2164
In-book reference : Book 12, Hadith 119
English translation : Book 11, Hadith 2159
713

Chapter: Regarding Menstruating Women And Embracing Them

Anas bin Malik said Among the Jews when a woman menstruated, they did not eat with her and drink with her and did not associate with her in their houses, so the Apostle of Allaah(ﷺ) was questioned about it. Hence, Allah the Exalted revealed “And they ask you about menstruation,. Say “It is harmful, so keep aloof from women during menstruation till the end of the verse. The Apostle of Allaah(ﷺ) said “Associate with them in the houses and do everything except sexual intercourse. The Jews thereupon said “This man does not leave anything we do without opposing us in it. Usaid bin Hudair and Abbad bin Bishr came to the Apostle of Allaah(ﷺ) and said, Apostle of Allaah(ﷺ) the Jews are saying such and such. Shall we not have intercourse with them during their menstruation? The face of the Apostle of Allaah(ﷺ) underwent such a change that we thought he was angry with them, so they went out. They were met by a gift of milk which was being brought to the Apostle of Allaah(ﷺ) and he sent after them, whereby we felt that he was not angry with them.
Reference : Sunan Abi Dawud 2165
In-book reference : Book 12, Hadith 120
English translation : Book 11, Hadith 2160

Narrated Aisha, Ummul Mu'minin:

I and the Messenger of Allah (ﷺ) used to lie in one cloth at night while I was menstruating. If anything from me smeared him, he washed the same place (that was smeared), and did not wash beyond it. If anything from him smeared his clothe, he washed the same place and did not wash beyond that, and prayed with it (i.e. the clothe).

Reference : Sunan Abi Dawud 2166
In-book reference : Book 12, Hadith 121
English translation : Book 11, Hadith 2161
Maimunah daughter of Al Harith said “When the Apostle of Allaah(ﷺ) intended to associate and lie with any of his wives who was menstruating, he ordered her to wrap up the lower garment(loin-cloth) and then he had association with her.
Reference : Sunan Abi Dawud 2167
In-book reference : Book 12, Hadith 122
English translation : Book 11, Hadith 2162
714

Chapter: Regarding The Penalty For The One Who Approaches His Wife While She Is Menstruating

Narrated Abdullah ibn Abbas:

The Prophet (ﷺ) said about a man who has sexual intercourse with a menstruating woman: He should give one or half dinar as sadaqah.

Reference : Sunan Abi Dawud 2168
In-book reference : Book 12, Hadith 123
English translation : Book 11, Hadith 2163

Narrated Abdullah ibn Abbas:

If a man has sexual intercourse (with menstruating woman) during her bleeding, he should give one dinar as sadaqah, and if he does so when bleeding has stopped, he should give half a dinar as sadaqah.

Reference : Sunan Abi Dawud 2169
In-book reference : Book 12, Hadith 124
English translation : Book 11, Hadith 2164
715

Chapter: Regarding 'Azl (Withdrawing Before Ejaculation)

Abu Sa’id reported “The people mentioned about withdrawing the penis before the Prophet (ﷺ). He said “Why one of you does so? He did not say “One of you should not do so”. Every soul that is to be born, Allaah will create it. Abu Dawud said “Qaza’ah is a client of Ziyad”
Reference : Sunan Abi Dawud 2170
In-book reference : Book 12, Hadith 125
English translation : Book 11, Hadith 2165

Narrated AbuSa'id al-Khudri:

A man said: Messenger of Allah, I have a slave-girl and I withdraw the penis from her (while having intercourse), and I dislike that she becomes pregnant. I intend (by intercourse) what the men intend by it.

The Jews say that withdrawing the penis (azl) is burying the living girls on a small scale. He (the Prophet) said: The Jews told a lie. If Allah intends to create it, you cannot turn it away.

Reference : Sunan Abi Dawud 2171
In-book reference : Book 12, Hadith 126
English translation : Book 11, Hadith 2166
Muhairiz said “I entered the mosque and saw Abu Sa’id Al Khudri . I sat with him and asked about withdrawing the penis (while having intercourse). Abu Sa’id said We went out with the Apostle of Allaah(ﷺ) on the expedition to Banu Al Mustaliq and took some Arab women captive and we desired the women for we were suffering from the absence of our wives and we wanted ransom, so we intended to withdraw the penis (while having intercourse with the slave women). But we asked ourselves “can we draw the penis when the Apostle of Allaah(ﷺ) is among us before asking him about it? So we asked him about it. He said “it does not matter if you do not do it, for very soul that is to be born up to the Day of Resurrection will be born.”
Reference : Sunan Abi Dawud 2172
In-book reference : Book 12, Hadith 127
English translation : Book 11, Hadith 2167
Jabir said “A man from the Ansar came to the Apostle of Allaah(ﷺ) and said “I have a slave girl and I have intercourse with her. But I dislike her to conceive. He replied “Withdraw your penis from her if you wish for what is decreed for her will come to her.” After a time the man came to him and said “The girl has become pregnant”. He said “I told you that what was decreed for her would come to her.”
Reference : Sunan Abi Dawud 2173
In-book reference : Book 12, Hadith 128
English translation : Book 11, Hadith 2168
716

Chapter: What Is Disliked Of A Man Mentioning What He Experienced With His Wife

Narrated AbuHurayrah:

AbuNadrah reported: An old man of Tufawah said to me: I was a guest of AbuHurayrah at Medina. I did not find any one of the companions of the Prophet (ﷺ) more devoted to worship and more hospitable than AbuHurayrah.

One day I was with him when he was sitting on his bed. He had a purse which contained pebbles or kernels. A black slave-girl of his was sitting below. Counting them he was glorifying Allah. When the pebbles or the kernels in the purse were finished, she gathered them and put them again in the purse, and gave it to him. He said: Should I not tell you about me and about the Messenger of Allah (ﷺ)?

I said: Yes. He said: Once when I was laid up with fever in the mosque, the Messenger of Allah (ﷺ) came and entered the mosque, and said: Who saw the youth of ad-Daws. He said this three times.

A man said: Messenger of Allah, there he is, laid up with fever on one side of the mosque. He moved, walking forward till he reached me. He placed his hand on me. He had a kind talk with me, and I rose. He then began to walk till he reached the place where he used to offer his prayer. He paid his attention to the people. There were two rows of men and one row of women, or two rows of women and one row of men (the narrator is doubtful).

He then said: If Satan makes me forget anything during the prayer, the men should glorify Allah, and the women should clap their hands. The Messenger of Allah (ﷺ) then prayed and he did not forget anything during the prayer.

He said: Be seated in your places, be seated in your places. The narrator, Musa, added the word "here". He then praised Allah and exalted Him, and said: Now to our topic.

The agreed version begins: He then said: Is there any man among you who approaches his wife, closes the door, covers himself with a curtain, and he is concealed with the curtain of Allah?

They replied: Yes. He said: later he sits and says: I did so-and-so; I did so-and-so. The people kept silence. He then turned to the women and said (to them): Is there any woman among you who narrates it? They kept silence. Then a girl fell on one of her knees. The narrator, Mu'ammil, said in his version: a buxom girl. She raised her head before the Messenger of Allah (ﷺ) so that he could see her and listen to her.

She said: Messenger of Allah, they (the men) describe the secrets (of intercourse) and they (the women) also describe the secrets (of intercourse) to the people.

He said: Do you know what the similitude is? He said: The likeness of this act is the likeness of a female Satan who meets the male Satan on the roadside; he fulfils his desire with her while the people are looking at him. Beware! The perfume of men is that whose smell becomes visible and its colour does not appear. Beware! The perfume of women is that whose colour becomes visible and whose smell is not obvious.

AbuDawud said: From here I remembered this tradition from Mu'ammil and Musa: Beware! No man should lie with another man, no woman should lie with another woman except with one's child or father. He also mentioned a third which I have forgotten. This has been mentioned in the version of Musaddad, but I do not remember it as precisely as I like.

The narrator, Musa, said: Hammad narrated this tradition from al-Jarir from AbuNadrah from at-Tufawi.

Reference : Sunan Abi Dawud 2174
In-book reference : Book 12, Hadith 129
English translation : Book 11, Hadith 2169