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Hadith 266

أَخْبَرَنَا أَبُو مُعَاوِيَةَ، نا عَاصِمٌ، نا حَفْصَةُ بِنْتُ سِيرِينَ، عَنْ أُمِّ عَطِيَّةَ قَالَتْ: لَمَّا نَزَلَتْ: ﴿إِذَا جَاءَكَ الْمُؤْمِنَاتُ يُبَايِعْنَكَ عَلَى أَنْ لَا يُشْرِكْنَ بِاللَّهِ شَيْئًا وَلَا يَسْرِقْنَ وَلَا يَزْنِينَ﴾ [الممتحنة: 12] إِلَى قَوْلِهِ: ﴿وَلَا يَعْصِينَكَ فِي مَعْرُوفٍ﴾ [الممتحنة: 12] قَالَتْ: مِنْهَا النِّيَاحَةُ، قَالَتْ: فَقُلْتُ: يَا رَسُولَ اللَّهِ، إِلَّا بَنِي فُلَانٍ فَإِنَّهُمْ كَانُوا أَسْعَدُونِي فِي الْجَاهِلِيَّةِ فَلَا بُدَّ مِنْ إِسْعَادِهِمْ فَقَالَ: ((إِلَّا بَنِي فُلَانٍ)).
Lady Umm Atiyyah (may Allah be pleased with her) narrated: When this verse was revealed: "When believing women come to you to pledge that they will not associate anything with Allah, will not steal, will not commit adultery... and will not disobey you in what is right," she (Umm Atiyyah) said: Lamentation (wailing) was also included in this. I said: O Messenger of Allah! Except for the women of such-and-such tribe, for they helped me in the days of ignorance, so it is necessary for me to help them. The Prophet (peace and blessings be upon him) said: "Except for the women of such-and-such tribe."
Hadith Reference مسند اسحاق بن راهويه / كتاب الجنائز / 266
Hadith Takhrij «انظر ما قبله»
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
In the aforementioned hadith, it is mentioned that when women would migrate and come (to Madinah), the Messenger of Allah (sallallahu alayhi wa sallam) would take the pledge of allegiance (bay‘ah) from them. On the day of the conquest of Makkah as well, the Prophet (sallallahu alayhi wa sallam) took the pledge from the women of Quraysh. Sayyidah Aisha (radi Allahu anha) states that when this verse was revealed:
﴿ O Prophet! When believing women come to you to give you the pledge that they will not associate anything with Allah, nor will they steal, nor will they commit adultery, nor will they kill their children, nor will they bring a calumny they have invented between their hands and feet, nor will they disobey you in what is right, then accept their pledge and ask Allah to forgive them. Indeed, Allah is Forgiving, Merciful. ﴾ (: al-Mumtahanah:12)
After this, whenever a believing woman would come to give the pledge, the Prophet (sallallahu alayhi wa sallam) would take a covenant from her regarding the matters mentioned in the above verse. If she would agree, the Prophet (sallallahu alayhi wa sallam) would verbally say to her, “I have accepted your pledge.” And by Allah! The hand of the Prophet (sallallahu alayhi wa sallam) never touched the hand of any woman at the time of taking the pledge; he would only take the pledge from them verbally. (Bukhari, Book of Tafsir, Hadith no. 4891)

At the end of the aforementioned hadith, it is stated that Umm ‘Atiyyah (radi Allahu anha) was given concession regarding lamentation (niyahah). Either this was before lamentation was made unlawful, or it was specific to Umm ‘Atiyyah (radi Allahu anha). Hafiz Ibn Hajar (rahimahullah) states: ((And it is permissible for the Lawgiver to make an exception from a general ruling.)) (Fath al-Bari: 8/823) “The Lawgiver has the authority to specify someone in a particular ruling.”
Source: Musnad Ishaq bin Rahwayh, Page: 266