باب: ما يستدل به على أن النبي صلى الله عليه وسلم في سوى ما ذكرنا ووصفنا من خصائصه من الحكم بين الأزواج فيما يحل منهن ويحرم بالحادث لا يخالف حلاله حلال
Evidence that, apart from the particularities of the Prophet (peace and blessings be upon him) we have mentioned and described, in ruling between wives on what becomes lawful or unlawful from them through an occurrence, his lawful does not differ from the lawful of others
10 hadith
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Ata' said: We went with Ibn Abbas (may Allah be pleased with them both) to the funeral of Maymunah (may Allah be pleased with her) at a place called Sarif. Ibn Abbas (may Allah be pleased with them both) said: This is Maymunah (may Allah be pleased with her); when you lift her body, do not jolt it much and do not shake it, but carry it gently. The Prophet (peace and blessings be upon him) had nine wives; he assigned turns to eight and did not assign a turn to one.
Ata' said: The one to whom he did not assign a turn was Safiyyah (may Allah be pleased with her). The remaining connected (mawsul) reports indicate that she was Sawdah (may Allah be pleased with her), who had gifted her day to Aishah (may Allah be pleased with her).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13429
It is narrated from Sayyidah Aishah (may Allah be pleased with her) that in the illness in which he (peace and blessings be upon him) passed away, the Prophet (peace and blessings be upon him) used to ask: "Where will I be tomorrow? Where will I be tomorrow?" He meant Sayyidah Aishah (may Allah be pleased with her), that is, her turn. So his (peace and blessings be upon him) wives gave permission that he (peace and blessings be upon him) could stay wherever he wished, and so his (peace and blessings be upon him) death took place in the house of Sayyidah Aishah (may Allah be pleased with her). Sayyidah Aishah (may Allah be pleased with her) said: He (peace and blessings be upon him) passed away on the day that was my turn; he (peace and blessings be upon him) was taken in my house, and his (peace and blessings be upon him) blessed head was between my chest and my chin, and his (peace and blessings be upon him) saliva mixed with mine. She said: Abd al-Rahman bin Abi Bakr came in with a tooth-stick (miswak) which he was using. He (peace and blessings be upon him) looked at it. I said: O Abd al-Rahman! Give me the miswak. I softened it, then chewed it, and gave it to the Messenger of Allah (peace and blessings be upon him), and he (peace and blessings be upon him) used it while he (peace and blessings be upon him) was reclining against my chest.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13430
Aishah (may Allah be pleased with her) said: After this verse was revealed, "You may defer whom you will of them and take to yourself whom you will" [Surah al-Ahzab: 51], the Messenger of Allah (peace and blessings be upon him) used to ask our permission on the day (turn) of any one of us. Mu'adhah said: Then what did you say to the Messenger of Allah (peace and blessings be upon him) when he (peace and blessings be upon him) asked your permission? Aishah (may Allah be pleased with her) said: I would say: If that were up to me, I would not prefer anyone over myself.
Imam al-Shafi'i (may Allah have mercy on him) said: And when he (peace and blessings be upon him) intended to travel, he would cast lots among them, and whichever of them drew the lot, he would take her with him.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13431
Sayyidah Aishah (may Allah be pleased with her) said: When the Prophet (peace and blessings be upon him) intended to travel, he would cast lots among his wives, and whichever wife's lot came out, he would take her with him.
Imam al-Shafi'i (may Allah have mercy on him) said: This applies to everyone among people who has wives. Imam al-Shafi'i (may Allah have mercy on him) also said: And among that is that he intended to part from Sawdah, and she said: "Do not part from me; leave me so that Allah, the Mighty and Majestic, resurrects me among your wives, and I give my day and my night to my sister Aishah (may Allah be pleased with her)."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13432
Sayyidah Aishah (may Allah be pleased with her) said: I have not seen any woman in whose skin I would rather be (that is, whom I would rather be like) than Sayyidah Sawdah (may Allah be pleased with her), a woman in whom there was some sharpness. When she grew old, she said: "O Messenger of Allah! I give my turn to Aishah." So the Prophet of Allah (peace and blessings be upon him) used to allot two days to Sayyidah Aishah (may Allah be pleased with her): her own day and the day of Sayyidah Sawdah (may Allah be pleased with her).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13433
Sayyidah Aishah (may Allah be pleased with her) said: O my nephew! The Prophet (peace and blessings be upon him) did not favour any of us over another in the division of his staying with us, and there was hardly a day on which he (peace and blessings be upon him) did not go round to all of us wives, coming near to each woman without touching, until he reached the one whose turn it was, and he (peace and blessings be upon him) would spend the night with her. And when Sawdah (may Allah be pleased with her) grew old and feared that he (peace and blessings be upon him) would separate from her, she said: Give my turn to Aishah (may Allah be pleased with her); and he (peace and blessings be upon him) accepted this from her. (The narrator) said: She used to say that concerning this and similar cases Allah Almighty revealed, I think he said: "And if a woman fears from her husband ill-conduct or desertion, there is no sin upon them both" [Surah al-Nisa: 128].
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13434
The Prophet (peace and blessings be upon him) divorced Sawdah (may Allah be pleased with her). When he (peace and blessings be upon him) went out for the prayer, she took hold of him (peace and blessings be upon him) by his garment and said: "I have no need of any man; I wish to be raised as your (peace and blessings be upon him) wife." He (peace and blessings be upon him) took her back and assigned her turn to Aishah (may Allah be pleased with her); he (peace and blessings be upon him) allotted two days to her: one day her own and one Sawdah's (may Allah be pleased with her).
Imam al-Shafi'i (may Allah have mercy on him) said: The daughter of Muhammad bin Maslamah did something similar to this when her husband wanted to divorce her.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13435
Sa'id bin al-Musayyib (may Allah have mercy on him) said: The daughter of Muhammad bin Maslamah was married to Sayyiduna Rafi' bin Khadij (may Allah be pleased with him). He disliked her, either because of old age or for some other reason, and intended to divorce her. She said: Do not divorce me; keep me, and allot to me whatever you wish. Then the two of them came to a settlement, and this became an established sunnah, and this verse was revealed: "And if a woman fears from her husband ill-conduct or desertion" [Surah al-Nisa: 128].
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13436
Sayyidah Umm Habibah bint Abi Sufyan (may Allah be pleased with her) said: (I said:) "O Messenger of Allah (peace and blessings be upon him)! Do you have any interest in our sister, the daughter of Abu Sufyan?" He (peace and blessings be upon him) said: "Meaning what?" She said: "Will you marry her?" He (peace and blessings be upon him) said: "The one who is your sister?" She said: "Yes." He (peace and blessings be upon him) said: "Would you like that?" She said: "Yes, I am not selfish, and the one I would most like to share good with me is my sister." He (peace and blessings be upon him) said: "She is not lawful for me." I said: "I have been told that you are going to marry the daughter of Abu Salamah." He (peace and blessings be upon him) said: "The daughter of Umm Salamah?" The Mother of the Believers (may Allah be pleased with her) said: "Yes." He (peace and blessings be upon him) said: "By Allah! Had she not been brought up in my care, in my lap, she would still not be lawful for me; she is the daughter of my foster brother. Thuwaybah suckled me and her father. So do not send me proposals of your daughters and sisters."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13437
Sayyiduna Ali (may Allah be pleased with him) said: I said: O Messenger of Allah! You find more excellence among Quraysh and leave us. He (peace and blessings be upon him) said: "Do you have anything?" We said: Yes, the daughter of Hamzah (may Allah be pleased with him). He (peace and blessings be upon him) said: "She is the daughter of my foster brother; she is not lawful for me."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13438