Hadith 864
اُردوEn
وعن زيد بن كعب بن عجرة عن أبيه قال : تزوج رسول الله صلى الله عليه وآله وسلم العالية من بني غفار ، فلما دخلت عليه ، ووضعت ثيابها ، رأى بكشحها بياضا ، فقال النبي صلى الله عليه وآله وسلم : « البسي ثيابك والحقي بأهلك » وأمر لها بالصداق . رواه الحاكم وفي إسناده جميل بن زيد وهو مجهول واختلف عليه في شيخه اختلافا كثيرا.
Narrated Zaid bin Ka'b bin 'Ujrah (RA) on his father's authority: 'Allah's Messenger (ﷺ) married al-'Aaliyah of Banu Ghifar. When she entered in his presence and he removed her clothes, he saw whiteness (of leprosy) around her waist area and the Prophet (ﷺ) said: "Put on your clothes and return to your family." He ordered her dowry to be given to her. [Reported by al-Hakim]. In its chain of narrators, is Jamil bin Zaid, who is Majhul (an unaccredited narrator). There is also a great difference of opinion as to who was his Shaykh.
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه الحاكم:4 /34، وفيه علل أخري مع العلة التي ذكرها المؤلف رحمه الله.»©Explanation:
➊ From this hadith, it is understood that divorce (talaq) given with allusive (kinayah) words is also valid.
The Messenger of Allah (sallallahu alayhi wa sallam) gave divorce to ‘Aliyah with the words "Ilhaqi bi-ahliki" ("Join your family").
Thus, allusive divorce (talaq bil-kinayah) is considered valid in the Shari‘ah.
➋ This hadith is also evidence that leprosy (baras) is a defect due to which a marriage can be annulled (fasakh).
➌ It is narrated from Ali and Umar (radi Allahu anhuma) that there are four defects due to which women can be rejected: insanity, leprosy (judham), vitiligo (baras), and diseases of the private parts such as syphilis and gonorrhea, etc., as will be mentioned under the next hadith: 865.
However, this hadith is disconnected (munqati‘).
The majority of scholars are of the opinion that marriage can be annulled (fasakh) due to a repulsive disease, but Dawud al-Zahiri and Ibn Hazm, etc., do not accept annulment of marriage for any defect whatsoever.
© Narrator of the Hadith:
«حضرت زید بن کعب بن عجرہ رحمہ اللہ » According to one opinion, he is from Banu Salim bin ‘Awf.
It is also said that he belonged to the Banu Salim bin Bali, an ally tribe of Khazraj.
And it is also said that he is attributed to some other group.
‘Allamah Dhahabi (rahimahullah) has quoted the statement of Ibn Ma‘in in Talkhis al-Mustadrak that he is not trustworthy (thiqah), although Imam Ibn Ma‘in’s (rahimahullah) statement is about Jamil bin Zayd.
Clarification: «حضرت عالیہ رضی اللہ عنہا » It is said that she was from Banu Bakr bin Kilab and that she is the same ‘Aliyah bint Zibyan.
It is also said that Kilabiyyah is a different woman, not ‘Aliyah.
Some have said that the Prophet (sallallahu alayhi wa sallam) stayed with ‘Aliyah for a period, then divorced her.
«جمیل بن زید» This Jamil bin Zayd is al-Ta’i.
Imam Ibn Ma‘in and al-Nasa’i have said that he is not trustworthy (thiqah).
And Imam al-Bukhari (rahimahullah) has said that his hadith is not authentic; furthermore, the Imams have declared him weak (da‘if).
«أخرجه الحاكم:4 /34، وفيه علل أخري مع العلة التي ذكرها المؤلف رحمه الله.»©Explanation:
➊ From this hadith, it is understood that divorce (talaq) given with allusive (kinayah) words is also valid.
The Messenger of Allah (sallallahu alayhi wa sallam) gave divorce to ‘Aliyah with the words "Ilhaqi bi-ahliki" ("Join your family").
Thus, allusive divorce (talaq bil-kinayah) is considered valid in the Shari‘ah.
➋ This hadith is also evidence that leprosy (baras) is a defect due to which a marriage can be annulled (fasakh).
➌ It is narrated from Ali and Umar (radi Allahu anhuma) that there are four defects due to which women can be rejected: insanity, leprosy (judham), vitiligo (baras), and diseases of the private parts such as syphilis and gonorrhea, etc., as will be mentioned under the next hadith: 865.
However, this hadith is disconnected (munqati‘).
The majority of scholars are of the opinion that marriage can be annulled (fasakh) due to a repulsive disease, but Dawud al-Zahiri and Ibn Hazm, etc., do not accept annulment of marriage for any defect whatsoever.
© Narrator of the Hadith:
«حضرت زید بن کعب بن عجرہ رحمہ اللہ » According to one opinion, he is from Banu Salim bin ‘Awf.
It is also said that he belonged to the Banu Salim bin Bali, an ally tribe of Khazraj.
And it is also said that he is attributed to some other group.
‘Allamah Dhahabi (rahimahullah) has quoted the statement of Ibn Ma‘in in Talkhis al-Mustadrak that he is not trustworthy (thiqah), although Imam Ibn Ma‘in’s (rahimahullah) statement is about Jamil bin Zayd.
Clarification: «حضرت عالیہ رضی اللہ عنہا » It is said that she was from Banu Bakr bin Kilab and that she is the same ‘Aliyah bint Zibyan.
It is also said that Kilabiyyah is a different woman, not ‘Aliyah.
Some have said that the Prophet (sallallahu alayhi wa sallam) stayed with ‘Aliyah for a period, then divorced her.
«جمیل بن زید» This Jamil bin Zayd is al-Ta’i.
Imam Ibn Ma‘in and al-Nasa’i have said that he is not trustworthy (thiqah).
And Imam al-Bukhari (rahimahullah) has said that his hadith is not authentic; furthermore, the Imams have declared him weak (da‘if).
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 864
