Fatawa of Sheikh Muhammad bin Hizam Al-Ba'dany
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Miscellaneous Fatwas and Islamic verdicts from the Quran and Sunnah, and authentic statements of the Companions and Salaf, and general Guidance and Advice from the Methodology of the Salaf and Creed of the Rightous predecessors
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In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

The questioner says: one of them told me: what is the limit the legislation has prescribed for multiple marriages? So I said: four! So he said: then why did the Messenger (ﷺ) marry eleven? So I said: our messenger (ﷺ) has rulings which are specific to him. So he said: what is the evidence that he has the right to marry that many?

📝 The answer:

The evidence for the permissibility of that is that he (ﷺ) did so, and his actions (ﷺ) are from the legislation.

And also Allah (عز وجل) states:
{تُرْجِي مَن تَشَاءُ مِنْهُنَّ وَتُؤْوِي إِلَيْكَ مَن تَشَاءُ ۖ وَمَنِ ابْتَغَيْتَ مِمَّنْ عَزَلْتَ فَلَا جُنَاحَ عَلَيْكَ ۚ ذَٰلِكَ أَدْنَىٰ أَن تَقَرَّ أَعْيُنُهُنَّ وَلَا يَحْزَنَّ وَيَرْضَيْنَ بِمَا آتَيْتَهُنَّ كُلُّهُنَّ ۚ وَاللَّهُ يَعْلَمُ مَا فِي قُلُوبِكُمْ ۚ وَكَانَ اللَّهُ عَلِيمًا حَلِيمًا}
“You (O Muhammad (ﷺ)) can postpone (the turn of) whom you will of them (your wives), and you may receive whom you will. And whomsoever you desire of those whom you have set aside (her turn temporarily), it is no sin on you (to receive her again): that is better that they may be comforted and not grieved, and may all be pleased with what you give them. Allah knows what is in your hearts. And Allah is Ever All-Knowing, Most Forbearing.”

Allah revealed to him these ayaat, and He (جل وعلا) knows the number of wives that the Prophet (ﷺ) has.

And Allah (عز وجل) also says in the ayah of choice:
{يَا أَيُّهَا النَّبِيُّ قُل لِّأَزْوَاجِكَ إِن كُنتُنَّ تُرِدْنَ الْحَيَاةَ الدُّنْيَا وَزِينَتَهَا فَتَعَالَيْنَ أُمَتِّعْكُنَّ وَأُسَرِّحْكُنَّ سَرَاحًا جَمِيلًا}
“O Prophet (Muhammad (ﷺ))! Say to your wives: "If you desire the life of this world, and its glitter, then come! I will make a provision for you and set you free in a kind manner (divorce).”
And he had nine wives at the time.

As for the questions statement of eleven wives, then Khadeejah and Zaynab bint Khuzaymah (رضي الله عنهما) had passed away before that. So those that came together with our Messenger (ﷺ) were nine wives.

So when they chose him, Allah (عز وجل) revealed:
{لَّا يَحِلُّ لَكَ النِّسَاءُ مِن بَعْدُ وَلَا أَن تَبَدَّلَ بِهِنَّ مِنْ أَزْوَاجٍ وَلَوْ أَعْجَبَكَ حُسْنُهُنَّ إِلَّا مَا مَلَكَتْ يَمِينُكَ ۗ وَكَانَ اللَّهُ عَلَىٰ كُلِّ شَيْءٍ رَّقِيبًا}
“It is not lawful for you (to marry other) women after this, nor to change them for other wives even though their beauty attracts you, except those (slaves) whom your right hand possesses. And Allah is Ever a Watcher over all things.”

So Allah restricted him for a time period, then He made permissible for him to marry whom he wishes. i.e. in addition to them.

‘Aishah said: the Prophet (ﷺ) didn’t pass away until women had been made lawful for him. Reported by Ahmad with an authentic chain of transmission.

So in this ayah:
{لَّا يَحِلُّ لَكَ النِّسَاءُ مِن بَعْدُ وَلَا أَن تَبَدَّلَ بِهِنَّ مِنْ أَزْوَاجٍ}
“It is not lawful for you (to marry other) women after this, nor to change them for other wives...” (the ayah).
Allah (جل وعلا) restricted him to that which he already had with him, (nine wives), and after that Allah (عز وجل) revealed the permissibility. There is a unanimous consensus of the Muslim nation on this affair, it is not allowed to object to it, there is a unanimous consensus of the Muslim nation on it, and I do not say between the scholars only, rather between the Muslims in totality.

Original Fatwa:
https://t.me/ibnhezam/15740

#Fatwas_on_fiqh
#Fatwas_on_marriage
#Fatwas_on_women
#Fatwas_on_relations_of_women

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And in English:-
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In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

The questioner says: What is the ruling of the one who marries a woman in a Non-Muslim country intending to stay with her for a few months and then divorcing her before returning to his country?

📝 The answer:

In other words, he marries her with the intention of divorcing after a time period. Marriage with the intention of divorce, such a marriage is impermissible for him. If they agree upon it, i.e. that the marriage is for a certain time period, then this has become like Mut’ah Nikkah (Temporary Marriage). And it is not allowed to restrict a marriage to a certain time period, Mut’ah Nikkah is haram according to the consensus of the scholars.

As for if this matter is in his heart and he did not let the woman know of it, then this is cheating the woman and deception, as the woman got married wanting to stay with her husband.

And perhaps children may be born, or perhaps she may desire to have children, and he deceives and cheats her by marrying her and then staying for a few days or months before divorcing her. This is impermissible for him. However, if this was to take place then the marriage is correct whilst him being sinful due to his intention. If the marriage takes place then the marriage is correct whilst him being sinful for his intention and sinful for his deception.


Original Fatwa:
https://t.me/ibnhezam/15959

#Fatwas_on_fiqh
#Fatwas_on_marriage
#Fatwas_on_divorce
#Fatwas_on_women

-----------------------------------
To subscribe to the fatwas of His Eminence Sheikh Muhammad bin Hizam via Telegram:-
https://t.me/ibnhezam
And in English:-
In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

The questioner says: A man did Zina (illegal sexual intercourse) with his fiance before the Nikkah (marital contract), and so she became pregnant by him, and they did their Nikkah whilst she was pregnant so they joined the pregnancy with it, so what is the ruling of this contract whilst she is pregnant, and is it permissible to join the pregnancy with it?

📝 The answer:

If it is proven with certainty that the pregnancy is from him then there is no problem in making this contract between them and this affair of theirs should be concealed. However, it is incumbent that they be rebuked and reprimanded so that they will be deterred from this action. And in any case the contract is correct according to the correct view of the people of knowledge though there has arisen a differing in this issue. The correct view is that the contract is correct and that the pregnancy is ascribed to him and that it is permissible for him to have marital relations with her if they confirm with certainty that the pregnancy is from him.

Original Fatwa:
https://t.me/ibnhezam/15997

#Fatwas_on_fiqh
#Fatwas_on_marriage_nikah
#Fatwas_on_women
-----------------------------------
To subscribe to the fatwas of His Eminence Sheikh Muhammad bin Hizam via Telegram:-
https://t.me/ibnhezam
And in English:-
http://t.me/ibnhezamen
In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

The questioner asks: Is it permissible for a man to initiate the Salaam with an old women?

📝 The answer:

If she is old to the extent that he is safe from Fitnah and he won’t be suspect to doubt, then it is permissible for him to initiate the Salaam. In Sahih al-Bukhari on the authority of Sahl bin Sa’d (رضي الله عنه) that they used to walk by an elderly woman on Friday, greeting her with Salaam and she would respond to their Salaam and would give some of the companions some food after they had left the Friday prayer.

As for if there is suspicion present or doubt, or Fitnah is feared such as if she was young, and not from his close relatives, then he should not initiate the Salaam.

Original Fatwa:
https://t.me/ibnhezam/16860

#Fatwas_on_fiqh
#Fatwas_on_marriage_nikkah
#Fatwas_on_women

-----------------------------------
To subscribe to the fatwas of His Eminence Sheikh Muhammad bin Hizam via Telegram:-
https://t.me/ibnhezam
And in English:-
http://t.me/ibnhezamen
In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful