Hadith 983
اُردوEn
وعن سعيد بن المسيب في الرجل لا يجد ما ينفق على أهله قال : " يفرق بينهما " أخرجه سعيد بن منصور عن سفيان عن أبي الزناد عنه قال : قلت لسعيد : سنة؟ فقال : سنة . وهذا مرسل قوي.
Narrated Sa'id bin al-Musaiyab regarding a man who finds nothing to spend on his wife: "They are to be separated." Reported by Sa'id bin Mansur, from Sufyan, from Abu az-Zinad, from Sa'id bin al-Musaiyab. He said, "I asked Sa'id (bin al-Musaiyab), 'Is this Sunnah?' And he replied, 'Yes, it is Sunnah!'" [This Hadith is a strong Mursal (missing link after the Tabi'i].
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه سعيد بن منصور.* سفيان بن عيينة عنعن، وهو في البيهقي أيضًا:7 /469.»©Explanation:
If a husband is unable to provide maintenance and support (nafaqah) to his wife, does the woman have the right to annul (faskh) the marriage or not? There is a difference of opinion among the Imams on this issue.
Among the Companions, Ali, Umar, and Abu Hurairah radi Allahu anhum, a group of the Tabi‘in, and among the four jurists, Imam Malik, Imam Shafi‘i, and Imam Ahmad rahimahumullah, grant the woman the right to annul the marriage.
The Ahl al-Zahir also hold this view: the hadith of «لاَ ضَرَرَ وَلاَ ضِرَارَ» is presented in support of this.
The Hanafi position is that if the husband does not have the means to provide for his wife, the woman does not have the right to annul the marriage.
They present as evidence the noble Qur’anic verse: ﴿ وَمَنْ قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنفِقْ مِمَّا آتَاهُ اللَّهُ لَا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا مَا آتَاهَا سَيَجْعَلُ اللَّهُ بَعْدَ عُسْرٍ يُسْرًا ﴾ (al-Talaq 65:7).
And Hafiz Ibn Qayyim rahimahullah has said that if, at the time of marriage, the man was poor and the woman was aware of his poverty, or if at the time of marriage the man’s financial condition was satisfactory but later, for some reason, he became poor, then in such a case the woman does not have the right to annul the marriage, because circumstances can change quickly.
Today there may be poverty, but tomorrow there may be ease; otherwise, the woman will have the right to annul the marriage.
Among those scholars and jurists who grant the woman the right to annul the marriage, Imam Malik rahimahullah gives the husband a period of one month, Imam Shafi‘i rahimahullah only three days, and Hammad rahimahullah has given a period of one year.
© Hadith Narrators:
«حضرت سفیان رحمہ اللہ » Abu Abdullah Sufyan ibn Sa‘id ibn Masruq al-Thawri al-Kufi.
He is among the great Imams.
He is a recognized Imam.
He was characterized by precision, accuracy and memorization, knowledge, and asceticism and piety.
He was born in 77 AH and died in Basra in 161 AH.
«حضرت ابو زناد رحمہ اللہ » Abdullah ibn Dhakwan al-Umawi al-Madani.
He is counted among the renowned Imams.
Imam Ahmad rahimahullah said: He is trustworthy and the Commander of the Faithful in Hadith.
Imam Bukhari rahimahullah said that the chain “Abu al-Zinad from al-A‘raj from Abu Hurairah” is the most authentic chain for narrations from Abu Hurairah radi Allahu anhu.
He died in 130 or 131 AH.
«أخرجه سعيد بن منصور.* سفيان بن عيينة عنعن، وهو في البيهقي أيضًا:7 /469.»©Explanation:
If a husband is unable to provide maintenance and support (nafaqah) to his wife, does the woman have the right to annul (faskh) the marriage or not? There is a difference of opinion among the Imams on this issue.
Among the Companions, Ali, Umar, and Abu Hurairah radi Allahu anhum, a group of the Tabi‘in, and among the four jurists, Imam Malik, Imam Shafi‘i, and Imam Ahmad rahimahumullah, grant the woman the right to annul the marriage.
The Ahl al-Zahir also hold this view: the hadith of «لاَ ضَرَرَ وَلاَ ضِرَارَ» is presented in support of this.
The Hanafi position is that if the husband does not have the means to provide for his wife, the woman does not have the right to annul the marriage.
They present as evidence the noble Qur’anic verse: ﴿ وَمَنْ قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنفِقْ مِمَّا آتَاهُ اللَّهُ لَا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا مَا آتَاهَا سَيَجْعَلُ اللَّهُ بَعْدَ عُسْرٍ يُسْرًا ﴾ (al-Talaq 65:7).
And Hafiz Ibn Qayyim rahimahullah has said that if, at the time of marriage, the man was poor and the woman was aware of his poverty, or if at the time of marriage the man’s financial condition was satisfactory but later, for some reason, he became poor, then in such a case the woman does not have the right to annul the marriage, because circumstances can change quickly.
Today there may be poverty, but tomorrow there may be ease; otherwise, the woman will have the right to annul the marriage.
Among those scholars and jurists who grant the woman the right to annul the marriage, Imam Malik rahimahullah gives the husband a period of one month, Imam Shafi‘i rahimahullah only three days, and Hammad rahimahullah has given a period of one year.
© Hadith Narrators:
«حضرت سفیان رحمہ اللہ » Abu Abdullah Sufyan ibn Sa‘id ibn Masruq al-Thawri al-Kufi.
He is among the great Imams.
He is a recognized Imam.
He was characterized by precision, accuracy and memorization, knowledge, and asceticism and piety.
He was born in 77 AH and died in Basra in 161 AH.
«حضرت ابو زناد رحمہ اللہ » Abdullah ibn Dhakwan al-Umawi al-Madani.
He is counted among the renowned Imams.
Imam Ahmad rahimahullah said: He is trustworthy and the Commander of the Faithful in Hadith.
Imam Bukhari rahimahullah said that the chain “Abu al-Zinad from al-A‘raj from Abu Hurairah” is the most authentic chain for narrations from Abu Hurairah radi Allahu anhu.
He died in 130 or 131 AH.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 983
