Bukhari

Chapter of Hadith Number 5250 from Sahih al-Bukhari: «بَابُ قَوْلِ الرَّجُلِ لِصَاحِبِهِ هَلْ أَعْرَسْتُمُ اللَّيْلَةَ: وطعن الرجل البنته فى الخاصرة عند العتاب»
Relevance between the Chapter Heading and the Hadith:
Imam al-Bukhari rahimahullah has established a chapter heading (tarjamat al-bab) which consists of two parts:
a: «قول الرجل لصاحبه هل اعرستم الليلة»
b: «وطعن الرجل البنته فى الخاصرة عند العتاب»
Of these two parts, the second part is clearly related to the hadith under the chapter, but no apparent connection is seen between the first part of the chapter heading and the hadith.

Allamah Kirmani rahimahullah states:
“The first issue mentioned in the chapter heading is not found in most manuscripts of Sahih al-Bukhari.” [الكواكب الدراري : 140/19]

Hafiz Ibn Hajar rahimahullah states:
«زاد ابن بطال فى شرحه هنا وقول الرجل لصاحبه هل أعرستم...... ؟» [فتح الباري لابن حجر : 596/10]
“That is, «باب قول الرجل لصاحبه.....» these words have been mentioned by Ibn Battal in his commentary.”
Therefore, if this addition was made by Ibn Battal, then there is no problem; however, upon reflection, it also becomes clear that this is not an addition but rather a part of the chapter heading itself, because here the intention is to allude to the hadith in which the incident of Sayyiduna Abu Talhah radi Allahu anhu and Umm Sulaym radi Allahu anha is mentioned, which has been cited in the Book of ‘Aqiqah (which will be mentioned ahead).

In this context, what is the relationship between the chapter heading and the hadith?
And what aspect of relevance exists between the chapter heading and the hadith? It is extremely important to reflect upon this.

Maulana Rashid Ahmad Gangohi, while explaining the relevance between the chapter heading and the hadith, states:
«أراد اثبات ذالك قياساً على ما ذكر فى الحديث أن ابابكر دخل عليهما والنبي صلى الله عليه وسلم على فخزها، فلما لم يمنعه ذالك علم جواز سؤاله عن الاعراس بالطريق الاولى لانه ادون من زالك وأسير.» [لامع الداري 338/9]
“Imam al-Bukhari rahimahullah has established the meaning of the chapter heading through analogy from the hadith. In the hadith, it is mentioned that Sayyiduna Abu Bakr radi Allahu anhu came to the Prophet sallallahu alayhi wa sallam while he had placed his blessed head on the thigh of Umm A’ishah radi Allahu anha, and the Prophet sallallahu alayhi wa sallam did not prevent him from coming in that state. From this, the permissibility of asking questions regarding marital relations is understood a fortiori, because the act of questioning is of a lesser degree than that state.”

According to the author of Lam‘ al-Dari, the act of the Prophet sallallahu alayhi wa sallam resting his head on the thigh of his noble wife A’ishah radi Allahu anha establishes the permissibility of «هل أعرستم الليلة» from the chapter heading. However, some scholars have written regarding the relevance that Imam al-Bukhari rahimahullah did not present any hadith for this part «هل أعرستم الليلة» of the chapter heading, rather he left it blank.

Accordingly, Hafiz Sahib writes:
«والذي يظهر أن البخاري أخلي بياضاً، ليكتب فيه الحديث اللائق به، وهو حديث قول النبى صلى الله عليه وسلم لأبي طلحة هل أعرستم الليلة ؟ أو شيئاً مما يدل عليه.» [فتح الباري لابن حجر : 294/80]
“In my view, what is clear is that Imam al-Bukhari rahimahullah mentioned the issue stated in the chapter heading and then left the space blank, intending to later write a hadith proving the permissibility of this issue. For example, the well-known incident of Sayyiduna Abu Talhah radi Allahu anhu and Umm Sulaym radi Allahu anha: their child passed away, and Umm Sulaym radi Allahu anha did not inform her husband Abu Talhah radi Allahu anhu of this; they spent the night together, and in the morning Umm Sulaym radi Allahu anha informed her husband that their son had passed away. Sayyiduna Abu Talhah radi Allahu anhu mentioned this to the Prophet sallallahu alayhi wa sallam, and on that occasion, he sallallahu alayhi wa sallam said: «هل أعرستم الليلة» to which he replied in the affirmative.

We have clarified that Imam al-Bukhari rahimahullah has mentioned this incident in the Book of ‘Aqiqah. Upon reflection, it appears that Imam al-Bukhari rahimahullah intended to include a hadith of this type, but left it blank. Some scholars have also mentioned the reason for leaving the chapter heading blank.

Accordingly, the author of Awjaz al-Masalik writes:
«وهو راجح عندي فى أمثال هذه المواضع أن الامام البخاري رحمه الله كثيراً ما يخلي الأبواب عن الروايات تشحيذ اللأذهان إشارة إلى انه يثبت بحديث وارد فى صحيحه.» [الابواب و التراجم: 579/5]
“In my view, it is more likely that in such places Imam al-Bukhari rahimahullah would leave space under the chapter headings, so as to stimulate the intellects, and there are many such places, which proves that an authentic hadith exists on this matter, and the reader should reflect and deduce the appropriate hadith for it.”
According to Muhammad Zakariyya Kandhlawi rahimahullah, Imam al-Bukhari rahimahullah’s purpose at this point is to stimulate the intellects.

Ibn al-Munir rahimahullah writes:
«والجامع بينهما أن كلا الامرين مستثنٰي فى بعض الحالات فإمساك الرجل بخاصرة ابنته ممنوع الامثل هذه الحاجة.» [المتوري : ص 296]
“That is, it is not permissible for a father to place his hand on his daughter’s abdomen, but in a situation of reprimand, it is allowed, as in the hadith where Sayyiduna Abu Bakr al-Siddiq radi Allahu anhu did so in a situation of reprimand. Similarly, it is generally prohibited for a man to ask his companion about such matters, but if it is in the context of jest, then in such a specific situation it may be asked.”
From these excerpts of Ibn al-Munir rahimahullah, we learn several things, among which it is clear that a father may strike his daughter’s abdomen in a situation of reprimand, and secondly, that Ibn al-Munir relates the relevance of the chapter heading «هل اعرستم........» in such a way that when it is permissible to strike the abdomen in a situation of reprimand, then similarly, in a situation of necessity, it is also permissible to ask such a question: «هل أعرستم الليلة.»

The summary of al-Mutawari was made by Badr al-Din ibn Jama‘ah, and he, while completing the statement of Ibn al-Munir rahimahullah in his book, writes:
The first part of the chapter heading «هل اعرستم الليلة ؟» corresponds to the hadith of Sayyiduna Abu Talhah radi Allahu anhu, when his son passed away, and the answer is that this is prohibited in normal circumstances (placing the hand on the daughter’s abdomen and discussing specific matters between husband and wife), but both these matters are mentioned in the hadith, though they are specific to situations of reprimand and anger (i.e., not permissible otherwise). Similarly, for a man to ask about intercourse between him and his wife is not permissible except in the situation that occurred with Abu Talhah radi Allahu anhu, who was afflicted with calamities due to his son. [مناسبات تراجم البخاري : ص 100]

Badr al-Din ibn Jama‘ah rahimahullah here draws attention to a very important point: How did a man spend the night with his wife? This can only be told or asked in the specific situation that occurred with Sayyiduna Talhah radi Allahu anhu; otherwise, to discuss such matters in jest is haram, which is a clear refutation of Ibn al-Munir rahimahullah, because he considered it permissible in jest, which is questionable.

As for the claim that Badr al-Din Jama‘ah rahimahullah only summarized “al-Mutawari,” this is not correct; rather, at times, he even adds to it. This is why it is clearly written in Imam al-Balqini rahimahullah’s book “Kitab Tarajim al-Bukhari” that Badr al-Din ibn Jama‘ah’s book “Munasabat Tarajim al-Bukhari” contains additions to al-Mutawari, and this book also critiques some of its points. See: [مناسبات ابواب صحيح البخاري بعضها لبعض ص 11]
This humble and weak servant says that Imam al-Bukhari rahimahullah, in order to establish the chapter heading, is alluding to many issues, as has already been written in previous pages, that here Imam al-Bukhari rahimahullah intends to stimulate the intellects. It is possible that Imam al-Bukhari rahimahullah is also alluding to the hadith which he has mentioned in the Book of Testimonies (Kitab al-Shahadat):

“Umm A’ishah radi Allahu anha narrates: Rifa‘ah al-Qurazi radi Allahu anhu married a woman, then divorced her. After that, another man married her. She then came to the Prophet sallallahu alayhi wa sallam and mentioned her second husband, saying that he does not approach her, and that he is like the edge of a garment (i.e., impotent). She expressed her desire to remarry her first husband, but the Prophet sallallahu alayhi wa sallam said: ‘No, not until you taste his sweetness and he tastes yours.’” [صحيح بخاري، كتاب الطلاق، رقم : 5397]

In the aforementioned hadith, the woman mentioned her husband’s specific act, which pertains to the relationship between man and woman. Here, the woman disclosed this matter due to a state of necessity, which is a clear proof that the specific issues between husband and wife may be disclosed in a situation of necessity, otherwise not... «فانهم ولا تكن من الغافلين.»

Furthermore, if we reflect, in our society most divorces also occur due to such reasons that the man is unable to fulfill the rights of marriage. To resolve this grave issue, Imam al-Bukhari rahimahullah has mentioned the hadith of Rifa‘ah al-Qurazi radi Allahu anhu in the Book of Divorce, and remarkably, if this hadith is connected at the end of the Book of Marriage with this relevance, the issue becomes clear that sometimes divorce after marriage occurs due to lack of male potency. Therefore, for a woman to disclose this secret in a state of necessity is permissible so that the solution to the problem becomes evident. «والله اعلم»

Hadith Commentary:
(1)
In this hadith, Aisha radi Allahu anha narrates an incident from one of her journeys. When her necklace was lost, the Messenger of Allah sallallahu alayhi wa sallam had to halt in a barren, waterless field to recover it. During this time, due to the lack of water, the people faced considerable hardship, until finally the verse regarding tayammum (dry ablution) was revealed. Its details have been mentioned by Imam Bukhari rahimahullah at another place. (Sahih al-Bukhari, Book of Tayammum, Hadith: 334)

(2)
This chapter heading has two parts:
One is a man saying to his companion, “Did you have intercourse today?” The other is a man striking his daughter’s side in anger. The second part is established by the mentioned hadith, but as for the first part, no evidence has been cited regarding it.

Concerning this, Hafiz Ibn Hajar rahimahullah has written: Imam Bukhari rahimahullah intended to write a hadith about this, but either did not find the time or could not find a narration that met his conditions, so he left the space blank. (Fath al-Bari: 9/428)

However, we do not agree with this position. According to our inclination, there are two answers to this objection:

➊ In this hadith, it is mentioned that the Messenger of Allah sallallahu alayhi wa sallam had placed his blessed head upon my thigh. If it is permissible for a husband and wife to be seen in such a state, then it is also permissible to ask, “Did you have intercourse last night or not?” Fundamentally, both matters relate to modesty and shyness; if one is permissible, the other should also be permissible.

➋ At times, Imam Bukhari rahimahullah, in order to enhance the intellectual capacity of his readers, does not mention a hadith so that the readers themselves exert their minds to fill this gap. For example, there is the incident of Umm Sulaym radi Allahu anha, whose son passed away, and on the occasion of her son’s death, she behaved in a remarkable manner with her husband, Sayyiduna Abu Talhah radi Allahu anhu. When Abu Talhah radi Allahu anhu presented himself to the Messenger of Allah sallallahu alayhi wa sallam in the morning, he asked, “Did you have intercourse last night?” Abu Talhah replied, “Yes.” Imam Bukhari rahimahullah has narrated this incident in detail. (Sahih al-Bukhari, Book of Aqeeqah, Hadith: 5470)

Imam Bukhari rahimahullah has mentioned this hadith several times in his Sahih. After this, how can it be accepted that he could not find a hadith according to his conditions and therefore left the space blank? Furthermore, after writing Sahih Bukhari, he taught it to ninety thousand (90,000) students; so how can it be accepted that he did not have time and thus could not mention a hadith according to the chapter heading?

(3)
In any case, in our view, Imam Bukhari rahimahullah established the first part of the chapter heading by way of analogy, or he left it without a hadith to encourage readers to reflect themselves, so that the reader may employ his own ability and insert an appropriate hadith. And Allah knows best.