صحيح البخاري
Bukhari
كتاب الطلاقThe Book of Divorce
بَابُ الإِشَارَةِ فِي الطَّلاَقِ وَالأُمُورِ:Chapter. Using gestures to express the decision of divorcing and other matters.
Hadith 5299
اُردوEn
وَقَالَ اللَّيْثُ : حَدَّثَنِي جَعْفَرُ بْنُ رَبِيعَةَ ، عَنْ عَبْدِ الرَّحْمَنِ بْنِ هُرْمُزَ ، سَمِعْتُ أَبَا هُرَيْرَةَ ، قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَثَلُ الْبَخِيلِ وَالْمُنْفِقِ كَمَثَلِ رَجُلَيْنِ عَلَيْهِمَا جُبَّتَانِ مِنْ حَدِيدٍ مِنْ لَدُنْ ثَدْيَيْهِمَا إِلَى تَرَاقِيهِمَا ، فَأَمَّا الْمُنْفِقُ فَلَا يُنْفِقُ شَيْئًا إِلَّا مَادَّتْ عَلَى جِلْدِهِ حَتَّى تُجِنَّ بَنَانَهُ وَتَعْفُوَ أَثَرَهُ ، وَأَمَّا الْبَخِيلُ فَلَا يُرِيدُ يُنْفِقُ إِلَّا لَزِمَتْ كُلُّ حَلْقَةٍ مَوْضِعَهَا فَهُوَ يُوسِعُهَا فَلَا تَتَّسِعُ " ، وَيُشِيرُ بِإِصْبَعِهِ إِلَى حَلْقِهِ .
Narrated Abu Huraira: Allah's Apostle said, The example of a miser and a generous person is like that of two persons wearing iron cloaks from the breast upto the neck When the generous person spends, the iron cloak enlarges and spread over his skin so much so that it covers his fingertips and obliterates his tracks. As for the miser, as soon as he thinks of spending every ring of the iron cloak sticks to its place (against his body) and he tries to expand it, but it does not expand. The Prophet pointed with his hand towards his throat.
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
In all these narrations, the indication (isharah) made by specific individuals at specific places has been considered valid.
This is the point of relevance between the chapter heading and these narrations.
In all these narrations, the indication (isharah) made by specific individuals at specific places has been considered valid.
This is the point of relevance between the chapter heading and these narrations.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 5299
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
In all these hadiths, there is mention of the Prophet Muhammad sallallahu alayhi wa sallam using specific gestures at specific times. For example, in the first hadith, he tied a knot of ninety (90) with his fingers, which is a type of gesture.
In the second hadith, he indicated the brevity of the blessed hour of Friday through a gesture.
In the third hadith, he considered a gesture of the head as valid evidence for retribution (qisas) and brought the Jew to justice.
When you have established retribution (qisas) through a gesture, then, a fortiori, it will be considered valid in the case of divorce (talaq) as well.
(2)
In any case, Imam Bukhari rahimahullah has established from these hadiths that sometimes a gesture takes the place of speech, and through it, rulings—even such as retribution (qisas)—are established.
Among these, there are also some gestures that could have been clarified verbally, but the Prophet sallallahu alayhi wa sallam clarified them through gestures. The clear implication of this is that if a person is unable to speak, then his gesture will be acted upon and considered valid.
(3)
Although none of these hadiths directly indicate the first part of the chapter heading, i.e., divorce (talaq) by gesture, Imam Bukhari rahimahullah has made an analogy between matters established by gesture and divorce.
Among these matters is retribution (qisas), which in value and importance is far greater than divorce (talaq).
And Allah knows best.
(1)
In all these hadiths, there is mention of the Prophet Muhammad sallallahu alayhi wa sallam using specific gestures at specific times. For example, in the first hadith, he tied a knot of ninety (90) with his fingers, which is a type of gesture.
In the second hadith, he indicated the brevity of the blessed hour of Friday through a gesture.
In the third hadith, he considered a gesture of the head as valid evidence for retribution (qisas) and brought the Jew to justice.
When you have established retribution (qisas) through a gesture, then, a fortiori, it will be considered valid in the case of divorce (talaq) as well.
(2)
In any case, Imam Bukhari rahimahullah has established from these hadiths that sometimes a gesture takes the place of speech, and through it, rulings—even such as retribution (qisas)—are established.
Among these, there are also some gestures that could have been clarified verbally, but the Prophet sallallahu alayhi wa sallam clarified them through gestures. The clear implication of this is that if a person is unable to speak, then his gesture will be acted upon and considered valid.
(3)
Although none of these hadiths directly indicate the first part of the chapter heading, i.e., divorce (talaq) by gesture, Imam Bukhari rahimahullah has made an analogy between matters established by gesture and divorce.
Among these matters is retribution (qisas), which in value and importance is far greater than divorce (talaq).
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5299
