´Abu Hurairah narrated that:` The Prophet said: "No woman should ask for the divorce of her sister (in religion) in order to spill what is in her container."
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
Applying yellow dye (zardi) by the groom is absolutely prohibited according to the Hanafis and Shafi'is, while the Malikis have permitted it only in clothing for the groom, not on the body.
Their evidence is the hadith of Abu Musa, in which it is mentioned that Allah Ta'ala does not accept the prayer of a person whose body has yellow fragrances.
The Hanafis and Shafi'is say that the hadith of Abdur Rahman does not provide justification for men to apply yellow dye, because Abdur Rahman himself did not apply the yellow dye; rather, the yellow dye of his bride must have transferred to his body or clothing.
(Wahidi)
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 5152
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
Previously, in a hadith, the Messenger of Allah (sallallahu alayhi wa sallam) stated that the conditions which must be fulfilled are those by which private parts are made lawful.
In this section, some exceptional cases are mentioned, that is, those conditions whose fulfillment would affect the rights of others; such conditions do not need to be fulfilled. For example:
➊ A woman marries on the condition that the husband will divorce his first wife.
This condition affects the rights of the first wife; therefore, its fulfillment is not necessary.
➋ A woman marries on the condition that the husband will not have conjugal relations with her.
This affects the husband's right to intimacy; therefore, its fulfillment is also not necessary.
➌ A man marries a woman on the condition that he will not keep her with him.
This condition affects the wife's own right to cohabitation; therefore, it will not be fulfilled.
➍ A man and woman marry on the condition that both will boycott their parents.
This condition affects the rights of both sets of parents; therefore, it will also not be fulfilled.
It should be noted that violation of any such condition will not affect the validity of the marriage contract (nikah).
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5152
Maulana Dawood Raz
Hadith Commentary:
This ruling applies when one is able to fulfill the rights of both with justice and fairness: “But if you fear that you will not be just, then [marry only] one” (: an-Nisa: 3). If there is fear of not being able to fulfill the rights of both wives, then it is better to suffice with only one.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6601
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
If a woman wishes to marry a man who is already married, she should not set the condition that he divorce his first wife so that she may be his only wife and no other woman may share him in intimacy. This is the worst example of human weakness and selfishness: that a woman demands the divorce of another woman merely so that she may obtain the share of her Islamic sister as well. Islam views with abhorrence this worst form of causing harm to others for one’s own benefit, and makes this difficult matter easy by stating that the very notion of greed—that someone else’s destined provision (rizq) could come to another—is incorrect. This is simply not possible, so what need is there for such an unlawful and unethical demand, based on selfishness, for no reason at all?
(2)
In any case, the matter of divine decree (taqdeer) is the solution to many difficulties. Whenever any aspect of life becomes difficult for a person, the lesson of divine decree resolves it with great ease.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6601
Shaykh Umar Farooq Saeedi
Benefits and Issues:
That is, causing a Muslim sister to be divorced is a very reprehensible act; rather, one should demonstrate contentment with Allah’s decree (rida bil-qada’).
By causing her to be divorced, she can neither gain any benefit for herself nor can she cause her any harm. Therefore, if she wishes to marry that man, she should marry him while his first wife is still with him.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2176
Hafiz Zubair Ali Zai
Takhrij al-Hadith:
[وأخرجه البخاري 6601، من حديث مالك به]
Jurisprudential Explanation:
➊ No woman should demand from her husband that he divorce his other wife, i.e., her co-wife, nor should any woman dream of establishing her own home by causing another woman to be divorced.
➋ Divine decree (qadar) is true.
➌ A person receives only what is written in his destiny. The statement of Allah, the Exalted, is: «قُلْ لَّنْ يُّصِيْبَنَا إِلَّا مَا كَتَبَ اللَّهُ لَنَا» Say: Nothing will ever befall us except what Allah has written for us. [التوبه : 51]
➍ It is not permissible for a woman’s guardian (wali) to stipulate as a condition that the man marrying her cannot marry another woman in the future.
➎ If, at the time of marriage, the groom is made to agree to a condition that if he marries again after this marriage, his wife will receive three divorces or an irrevocable divorce (talaq bain), etc., then this condition is invalid and void. Hafiz Ibn Abd al-Barr has chosen this view and declared it the strongest. See [التمهيد 18/166]. Some scholars have said that this is in the ruling of an oath, therefore, he will have to pay the expiation for breaking an oath (kaffarah).
➏ The hadith in which it is mentioned that the conditions stipulated at the time of marriage must be fulfilled refers to permissible conditions. [التمهيد 18/168]
It is understood from this that every condition which is in accordance with the Book and the Sunnah must be fulfilled.
➐ It is narrated from Abu al-Zinad that a man stipulated with his wife that his house would belong to her, then later he tried to evict her. Umar ibn Abd al-Aziz rahimahullah ruled that this house belongs to the woman, and he cannot evict his wife from this house. [مصنف ابن ابي شيبه 2٠٠/4 ح16448، وسنده صحيح]
➑ Harming another for one’s own benefit is an extremely reprehensible act.
Source: Muwatta Imam Malik (Narration of Ibn al-Qasim): Commentary by Zubair Ali Zai, Page: 362