Ibn Majah

Commentary:
(1)
Safeguarding chastity and modesty holds great importance in Islam.
For this very purpose, there are many commands, instructions, and laws in Islam, such as:
➊
Fornication has been declared a major sin.

➋
The most severe punishment has been prescribed for the one who commits this crime.

➌
Marriage (nikah) has been emphasized to such an extent that even the marriage of slaves and widows has been commanded.
Allah Ta’ala says:
﴿وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ وَالصَّالِحِينَ مِنْ عِبَادِكُمْ وَإِمَائِكُمْ ۚ﴾ (An-Nur: 32)
Marry off those among you who are single (widows, widowers, unmarried), and the righteous among your male slaves and female slaves.

➍
Glad tidings of prosperity have been given to those who marry.
The statement of Allah Ta’ala is:
﴿إِن يَكُونُوا فُقَرَاءَ يُغْنِهِمُ اللَّهُ مِن فَضْلِهِ ۗ﴾ (An-Nur: 32)
If they are poor, Allah will enrich them out of His bounty.

➎
A young person who, for some reason, is unable to marry has been commanded to observe frequent voluntary fasts (nafl sawm) so that desires remain under control. (Sahih al-Bukhari, Book of Marriage, Chapter: The statement of the Prophet sallallahu alayhi wa sallam, “Whoever among you is able to marry, let him marry...”, Hadith: 5065)

➏
Both men and women have been commanded to guard their gaze. It is stated:
﴿قُل لِّلْمُؤْمِنِينَ يَغُضُّوا مِنْ أَبْصَارِهِمْ وَيَحْفَظُوا فُرُوجَهُمْ ۚ﴾ (An-Nur: 30)
Tell the believing men to lower their gaze and guard their chastity.
﴿وَقُل لِّلْمُؤْمِنَاتِ يَغْضُضْنَ مِنْ أَبْصَارِهِنَّ وَيَحْفَظْنَ فُرُوجَهُنَّ﴾ (An-Nur: 31)
And tell the believing women to lower their gaze and guard their chastity.

➐
Women have been commanded to observe hijab from non-mahram men.
(Surah An-Nur, Ayah: 31)

➑
Permission has been made obligatory when entering others’ homes.
(Surah An-Nur, Ayah: 59)

➒
Even children have been prohibited from entering before elders at specific times. (Surah An-Nur: 57)
Among these instructions is also the guidance mentioned in the hadith under discussion: that hijab is not only between unrelated men and women, but also that a man should not behave with another man, nor a woman with another woman, in a manner contrary to modesty and shame.
For details on this subject, see: (Dr. Fazl Ilahi rahimahullah’s book “Al-Tadabir al-Waqiyah min az-Zina” or its Urdu translation “Islam ka Nizam-e-‘Iffat”)

(2)
Among the body parts that a man is obligated to cover from another man, the private parts for urination and defecation are included by consensus.
There is a difference of opinion regarding the thigh.
Although Imam al-Bukhari rahimahullah did not count the thigh among the parts to be covered, even according to him, caution lies in covering it. (Sahih al-Bukhari, Book of Prayer, Chapter: What is mentioned regarding the thigh)

(3)
Women should also avoid looking at the aforementioned parts of other women.
Even at the time of childbirth or similar necessity, only that woman should see (the private parts) without whom the task cannot be accomplished.
Other women should avoid this.

(4)
A woman should not expose her breasts before another woman.

Explanation: 1؎ :
That is, two men or two women should not lie down naked under a single garment.

Benefits and Issues:
➊ Without a legitimate Shar‘i necessity, it is forbidden (haram) for a man to look at the private parts (‘awrah) of another man, and for a woman to look at the private parts of another woman. In the same way, for a man to look at a non-mahram woman, or for a woman to look at a non-mahram man, is even more forbidden and reprehensible.

➋ Without necessity, it is not permissible for two men or two women to lie under one garment, even if they are wearing clothes. In fact, when children reach the age of ten years, it is commanded to make them sleep separately. If there is a shortage of beds or cots, then this deficiency should be remedied.

The ‘Awrah (covering) of a Free Woman and a Slave Woman

A free woman is entirely ‘awrah (must be covered) except for her face and hands, whereas a slave woman must cover her entire body except for her face (so that there remains a distinction between a free woman and a slave woman). «والله اعلم»

➊ Allah the Exalted says: «وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَمِنْهَا» [النور: 31] “Women should not display their adornment except what is apparent thereof.”

Ibn Abbas radi Allahu anhu, in the explanation of this verse, says that «"إلا ما ظهر"» refers to the face and hands. [ابن أبى شيبة 973/4]

A similar explanation is also narrated from Ibn Umar radi Allahu anhuma. [تمام المنة ص/ 160]

➋ At the end of this verse, it is stated: «وَلَا يَضْرِبْنَ بِأَرْجُلِهِنَّ لِيُعْلَمَ مَا يُخْفِينَ مِنْ زِينَتِهِنَّ» [النور: 31] “And let them not stamp their feet so as to reveal what they hide of their adornment.”

(Ibn Hazm rahimahullah) This verse is explicit that a woman’s legs and shins are ‘awrah. [المحلى 243/3]

➌ It is narrated from Ibn Mas‘ud radi Allahu anhu that the Prophet sallallahu alayhi wa sallam said: «و المرأة عورة» “A woman is entirely ‘awrah.”

[صحيح: المشكاة 3109، ترمذي 1093، كتاب الرضاع: باب ما جاء فى كراهية الدخول على المغيبات]

There is a difference of opinion among the scholars regarding the ‘awrah of a slave woman.

(Ahl al-Zahir) There is no difference between the ‘awrah of a free woman and a slave woman (because the word “woman” in the hadith is general).

(The majority, Shafi‘i rahimahullah, Abu Hanifah rahimahullah) There is a difference between the ‘awrah of the two. The ‘awrah of a slave woman is like that of a man: the area between the navel and the knees.

[نيل الأوطار 538/1، الأم 183/1، فتح الوهاب 149/1، الحاوى 167/2، شرح فتح القدير 225/1، تحفة الفقهاء 250/1، الكافي ص/63]

They have deduced this from the hadith. «عمرو بن شعيب عن ابيه عن جده» It is narrated that the Prophet sallallahu alayhi wa sallam said: «إذا زوج أحدكم عبده أمته فلا ينظرن إلى عورتها» “When one of you marries his slave to his male slave, he should not look at her ‘awrah.” In another narration, it is stated: «فلا ينظرن إلى ما دون السرة والركبة» “He should never look at what is below her navel and above her knees.” [حسن: المشكاة 3111، أبو داود 418، كتاب الصلاة: باب متى يؤمر الغلام بالصلاة]

(Note that in this hadith, only the ‘awrah of a slave woman married to her master is mentioned, not that this is the measure for everyone.)

(Rajih) The preferred opinion is that which has already been mentioned at the beginning.

For the ‘awrah of a man, see Sunan Abi Dawud, hadith number 4014, for further benefits.

Benefits:

➊ It is forbidden for a man to look at the private parts (‘awrah) of another man, and for a woman to look at the ‘awrah of another woman. Similarly, it is unanimously forbidden for a man to look at the ‘awrah of a non-mahram woman, and for a woman to look at the ‘awrah of a non-mahram man. The Prophet (sallallahu alayhi wa sallam) warned men not to look at the ‘awrah of other men, thereby emphasizing even more strongly the prohibition of a man looking at the ‘awrah of a woman, as this is even more strictly forbidden. This prohibition excludes husbands and masters (owners of female slaves). In any case, each spouse may look at the private parts of the other.

[نووي: 29/4]

➋ Likewise, it is forbidden for a man to lie naked in a single garment with another man, and for a woman to lie naked in a single garment with another woman. For a man to lie clothed or naked with a non-mahram woman is even more strictly forbidden. Also, looking at the private parts of another man, or for either a man or a woman to look at the private parts of the other, does not invalidate ablution (wudu). However, touching one’s own or another’s private parts does invalidate ablution.