A Scholarly Review of the Decision of Hazrat Umar (RA) Regarding the Return of Mujahideen and Its Chain of Transmission
Source: Fatawa Ilmiyah – Vol. 1: Principles, Authentication, and Investigation of Narrations – Page 623
Separation Period Between Husband and Wife: Investigation of a Famous Incident
Question:
What is the permissible duration of separation between a husband and wife? A famous incident is often cited:
During his caliphate, Hazrat Umar رضي الله عنه once passed by a house and heard a woman reciting poetry implying:
"Today my husband has gone for jihad; if not for fear of Sharia, there would be a man in my bed today."
Upon hearing this, Hazrat Umar رضي الله عنه went to his daughter and asked:
"O my daughter! How long can a woman live without her husband?"
His daughter replied:
"Two months, or at most four months."
Following this, Hazrat Umar رضي الله عنه reportedly decreed that no mujahid should remain away from home for more than four months, and that they should take leave to return home and fulfill the rights of their wives.
The Questions:
① Is this incident established with authentic chains of narration?
② If this incident is valid, would preachers or mujahideen who leave home for one or two years violate these rights?
③ Please provide a reference for the incident.
Answer:
Alhamdulillah, and prayers and peace be upon the Messenger of Allah, as for what follows:
The essence of this incident has been cited by Hafiz Ibn Kathir رحمه الله in Tafsir Ibn Kathir under the commentary of Surah Al-Baqarah: 227, referencing Muwatta Imam Malik:
(Tafsir Ibn Kathir 1/541, Surah Al-Baqarah: 227)
A detailed examination of this report reveals the following points:
① Absence in Muwatta Imam Malik:
This report is not actually present in Muwatta Imam Malik. Although Ibn Kathir attributes it, the original text of Muwatta does not contain this narration.
② Break in the Chain (Isnad):
The narration is transmitted via ‘Amr ibn Dinar from ‘Umar ibn al-Khattab رضي الله عنه. The issue is that ‘Amr ibn Dinar did not live during the time of Hazrat Umar رضي الله عنه.
This is clarified in Tuhfat al-Ashraf (8/94, Hadith: 20613):
"‘Amr ibn Dinar al-Makki did not meet ‘Umar, and he did not witness his time."
Thus, the chain is munkat‘ (broken) and the narration is considered weak (da‘if).
③ Narration in Al-Bayhaqi:
Al-Bayhaqi records a similar narration in Sunan al-Kubra:
"حدثني مالك عن عبدالله بن دينار عن ابن عمر رضي الله عنه قال: خرج عمر بن الخطاب رضي الله عنه من الليل فسمع امراة تقول…"
(Sunan al-Kubra 9/29)
However, the narrator Isma’il ibn Abi Uwais is regarded as weak by hadith scholars, rendering this narration weak as well.
④ Weak Evidence in Ibn Kathir:
Tafsir Ibn Kathir (1/541) itself acknowledges that this is supported by a weak chain.
⑤ Other Sources:
Similar narrations appear in:
However, all these chains are weak.
Conclusion:
Based on the above analysis:
✔ This incident is not established with an authentic or hasan chain.
✔ It is based on weak narrations.
✔ Therefore, it cannot be presented as a definitive ruling of Sharia.
And Allah knows best.
Source: Fatawa Ilmiyah – Vol. 1: Principles, Authentication, and Investigation of Narrations – Page 623
Separation Period Between Husband and Wife: Investigation of a Famous Incident
Question:
What is the permissible duration of separation between a husband and wife? A famous incident is often cited:
During his caliphate, Hazrat Umar رضي الله عنه once passed by a house and heard a woman reciting poetry implying:
"Today my husband has gone for jihad; if not for fear of Sharia, there would be a man in my bed today."
Upon hearing this, Hazrat Umar رضي الله عنه went to his daughter and asked:
"O my daughter! How long can a woman live without her husband?"
His daughter replied:
"Two months, or at most four months."
Following this, Hazrat Umar رضي الله عنه reportedly decreed that no mujahid should remain away from home for more than four months, and that they should take leave to return home and fulfill the rights of their wives.
The Questions:
① Is this incident established with authentic chains of narration?
② If this incident is valid, would preachers or mujahideen who leave home for one or two years violate these rights?
③ Please provide a reference for the incident.
Answer:
Alhamdulillah, and prayers and peace be upon the Messenger of Allah, as for what follows:
The essence of this incident has been cited by Hafiz Ibn Kathir رحمه الله in Tafsir Ibn Kathir under the commentary of Surah Al-Baqarah: 227, referencing Muwatta Imam Malik:
(Tafsir Ibn Kathir 1/541, Surah Al-Baqarah: 227)
A detailed examination of this report reveals the following points:
① Absence in Muwatta Imam Malik:
This report is not actually present in Muwatta Imam Malik. Although Ibn Kathir attributes it, the original text of Muwatta does not contain this narration.
② Break in the Chain (Isnad):
The narration is transmitted via ‘Amr ibn Dinar from ‘Umar ibn al-Khattab رضي الله عنه. The issue is that ‘Amr ibn Dinar did not live during the time of Hazrat Umar رضي الله عنه.
This is clarified in Tuhfat al-Ashraf (8/94, Hadith: 20613):
"‘Amr ibn Dinar al-Makki did not meet ‘Umar, and he did not witness his time."
Thus, the chain is munkat‘ (broken) and the narration is considered weak (da‘if).
③ Narration in Al-Bayhaqi:
Al-Bayhaqi records a similar narration in Sunan al-Kubra:
"حدثني مالك عن عبدالله بن دينار عن ابن عمر رضي الله عنه قال: خرج عمر بن الخطاب رضي الله عنه من الليل فسمع امراة تقول…"
(Sunan al-Kubra 9/29)
However, the narrator Isma’il ibn Abi Uwais is regarded as weak by hadith scholars, rendering this narration weak as well.
④ Weak Evidence in Ibn Kathir:
Tafsir Ibn Kathir (1/541) itself acknowledges that this is supported by a weak chain.
⑤ Other Sources:
Similar narrations appear in:
- Musannaf Abd al-Razzaq (1/150-151, Hadith: 12593, 12594)
- Al-Muhalli by Ibn Hazm (10/40, Issue: 1886)
However, all these chains are weak.
Conclusion:
Based on the above analysis:
✔ This incident is not established with an authentic or hasan chain.
✔ It is based on weak narrations.
✔ Therefore, it cannot be presented as a definitive ruling of Sharia.
And Allah knows best.
