Qur'an, Hadith and Scholars:Sexuality: Difference between revisions

Narrated by Zuhair Ibn Harb, narrated by Ghasan Al-Masma’i, narrated by Muhammad Ibn Al-Mathny, narrated by Ibn Bashar, who said that it was narrated by Muath Ibn Hisham, narrated by Abu Qatada, narrated by Mattar, narrated by Al-Hassan, narrated by Abu Rab’i, narrated by Abu Huraira who said:

"The prophet – peace be upon him – said, ‘If one sits between a woman’s four parts (shu’biha Al-arba’) and then fatigues her, then it necessitates that he wash.’

Commentary of Imam Al-Nawawi on the Hadith

The saying of the prophet – peace be upon him- ‘When he sits between a her fours parts) mostly its home animal (shu’biha Al-arba) and has intercourse with her then fatigues her’

In another narration the word ‘Ashu’biha’ is used. The scholars have disagreed about the intended meaning of ‘shu’biha Al-arba’ (the fours) for some said that it means the arms and the legs, while others have said that it refers to the legs and thighs, and other said it means the legs and the edge of the pubic area. Al-Qadi Ayad chose the meaning of the four areas surrounding the vagina. The word (Shu’b) means areas, its singular form being (Shu’bah). As for those who say (Ashba’iha) that is the plural of the word (Shu’b). The word Aj-hada-ha (fatigue her) means to plow her, which was also stated by Al-Khatabi. Others have said it means to make her reach exhaustion as in the phrase ‘she made him toil and labor till he was exhausted’. Al-Qadi Ayad – may Allah rest his soul- said ‘Primarily, the word (Jahada’ha) means that the man exerted his effort working in a woman, where the word (Juh’d) means energy and refers to motion by describing the type of work. This is similar to his (the prophet) saying ‘he who plowed her’ meaning he who penetrated her by his motion. Otherwise, what other fatigue could a man experience because of her, and Allah knows best.

The meaning of the hadith is that the necessity to wash is not limited to when semen is ejaculated, rather it is when the penile head (Hash-fa, lit. “the head of the male member,” i.e. head of the penis) penetrates the vagina, then it is necessary for the man and the woman to wash. There is no disagreement on this today, even though there was disagreement on this by some of the early companions and others later. However, an agreement was later reached and this is what we have shown and presented previously.

Our companions have said that if the penile head has penetrated a woman's anus, or a man's anus, or an animal's vagina or its anus then it is necessary to wash whether the one being penetrated is alive or dead, young or old, whether it was done intentionally or absentmindedly, whether it was done willfully or forcefully. This also applies if the woman places the male member inside her while the man is asleep, whether the penis is erect or not, whether the penis is circumcised or uncircumcised. All these situations require that the person committing the act and the one the act is committed on must wash themselves, unless the person committing the act or the person the act is committed on is a young male or female. In that case it cannot be said that the person must wash, for they do not have the responsibility, rather it is said that this person is in a state of impurity. If that person can discern (the sexual act) then his guardian can command him to wash just as he commands him to perform the ablution washing for prayers. For if he prays without washing, his prayer has not been performed correctly; likewise if he doesn’t wash after he reaches puberty he must be forced to wash. If he washed as a youth and then reaches puberty, then he does not have to repeat the washing.

Our companions have said that intercourse occurs when a healthy male’s penile head completely penetrates (an orifice), as has been unanimously agreed. Thus, when the penile head has completely disappeared (inside the orifice), then all the regulations concerning washing apply. It is unanimously agreed that it is not necessary that the entire penile shaft penetrate to apply the regulations of washing. If part of the penile head penetrates, then the regulations of washing are not imposed as is agreed, except by an odd few of our companions who said that even in this case all the regulations of washing apply. However, this opinion is wrong, rejected and abandoned. If the male member was severed and what remained was less than the length of the penile head, then none of the washing regulations apply. If the part remaining was equal in length to the penile head length then that part must completely penetrate for the regulation of washing to apply. If the part remaining was greater in length to the penile head length then there are two famous opinions for our companions. The most correct is that if the portion that penetrates is equal to the length of the penile head, then the regulations for washing apply. The other opinion is that none of the regulations for washing apply until the entire remaining length of the penile shaft completely penetrates and Allah knows best.

If a man wraps a sheath around his male member and then ejaculates inside a woman’s vagina, then there are three opinions from our companions. The most famous is that the man must wash. The second is that he does not have to wash because he ejaculated inside the sheath. The third is that if the sheath is thick and prevents climax and wetness (in the vagina) then washing is not necessary, otherwise it is necessary and Allah knows best.

It was reported in the hadeeth of al-Miqdaam ibn Ma’di Karb that the Prophet (peace and blessings of Allaah be upon him) said:

“The martyr (shaheed) has seven blessings from Allaah: he is forgiven from the moment his blood is first shed; he will be shown his place in Paradise; he will be spared the trial of the grave; and he will be secure on the Day of the Greatest Terror (the Day of Judgement); there will be placed on his head a crown of dignity, one ruby of which is better than this world and all that is in it; he will be married to seventy-two of al-hoor al-‘iyn; and he will be permitted to intercede for seventy of his relatives.”

According to another report, the martyr has six blessings from Allaah. According to other reports (the number is) six, or nine, or ten.

1. Sayyiduna Miqdaad ibn Ma?adikarib (Radhiallaahu Anhu) recorded by Imaam Tirmidhi in his Sunan (Hadith1663). Imam Tirmidhi has classified this Hadith as Sahih (authentic).

2. Sayyiduna Ubaadah ibn Thaabit (Radhiallaahu Anhu) recorded by Imaam Ahmad in his Musnad (Hadith17117), Imaam Bazzaar in hi Musnad and Imaam Tabrani in his al-Majmu?al Kabir. (Majma-uz-zawaaid vol.5 pg.293). Hafiz Munzhiri (ra) has classified the chain of narrators of Musnad Ahmad as HasanBold text (sound). (al-Targheeb vol.2 pg.320). And Haafiz al-Haythami (ra) has mentioned that the narrators of Musnad Ahmad and Tabrani are all reliable.

and Allah Ta'ala Knows Best

Moulana Muhammad ibn Moulana Haroon Abbassommar FACULTY OF SPECIALTY IN HADITH

Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."

Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies."

Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.

p75.20 The Prophet (Allah Bless him and give him peace) said,