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Khadijah bint Khuwaylid: Difference between revisions
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Although the Muslim historian Waqidi rejected this story (even while reporting it), the British historian Muir points out that nobody had any reason to fabricate it. The tradition is from two independent sources, both of whom were biased in Muhammad’s favor and neither of whom had any reason to disparage Khadijah’s father or his clan. Two further independent sources, without mentioning the drunken party, state that it was Khuwaylid who married Khadijah to Muhammad. Although Waqidi claims that it was Khadijah’s uncle who gave her away because her father had died before the Sacrilegious War (591-594), his pupil Ibn Saad names Khuwaylid as a commander in that war. Muir therefore concludes that the tradition of Khuwaylid’s death “has been invented, to throw discredit on the story of his drunkenness.”<ref>[http://www.answering-islam.org/Books/Muir/Life2/chap2.htm/ Muir (1861) vol. 2 p. 24f]. See also {{Tabari|6|pp. 48-50}}; Ibn Hisham note 918.</ref> | Although the Muslim historian Waqidi rejected this story (even while reporting it), the British historian Muir points out that nobody had any reason to fabricate it. The tradition is from two independent sources, both of whom were biased in Muhammad’s favor and neither of whom had any reason to disparage Khadijah’s father or his clan. Two further independent sources, without mentioning the drunken party, state that it was Khuwaylid who married Khadijah to Muhammad. Although Waqidi claims that it was Khadijah’s uncle who gave her away because her father had died before the Sacrilegious War (591-594), his pupil Ibn Saad names Khuwaylid as a commander in that war. Muir therefore concludes that the tradition of Khuwaylid’s death “has been invented, to throw discredit on the story of his drunkenness.”<ref>[http://www.answering-islam.org/Books/Muir/Life2/chap2.htm/ Muir (1861) vol. 2 p. 24f]. See also {{Tabari|6|pp. 48-50}}; Ibn Hisham note 918.</ref> | ||
This story highlights the Arab practice of marriage as a contract between bridegroom and father-in-law in which they transferred the guardianship of a woman. It was somewhat similar to buying a camel: the purchase required the consent of the vendor. Muhammad largely preserved this practice of marriage. To the end of his life, he was particular about meeting the legal requirement to contract with a guardian;<ref>E.g., see Bewley/Saad 8:63, 65; {{Tabari|39|pp. 178-179}}; Bewley/Saad 8:105.</ref> and explicitly endorsed the transactional nature of the [[mahr]] as being a sort of payment for unlimited sexual access to a woman, [[Rape in Islamic Law|even against her will]], so long as she consented once in the form of agreeing to marry. | This story highlights the Arab practice of marriage as a contract between bridegroom and father-in-law in which they transferred the guardianship of a woman. It was somewhat similar to buying a camel: the purchase required the consent of the vendor. Muhammad largely preserved this practice of marriage. To the end of his life, he was particular about meeting the legal requirement to contract with a guardian;<ref>E.g., see Bewley/Saad 8:63, 65; {{Tabari|39|pp. 178-179}}; Bewley/Saad 8:105.</ref> and explicitly endorsed the transactional nature of the [[Mahr (Marital Price)|mahr]] as being a sort of payment for unlimited sexual access to a woman, [[Rape in Islamic Law|even against her will]], so long as she consented once in the form of agreeing to marry. | ||
The story also foreshadows some types of consent Muhammad would go on to consider as legally binding. At various points in his life, he was to extract consent at sword-point,<ref>E.g., Guillaume/Ishaq 547.</ref> under duress,<ref>E.g., Guillaume/Ishaq 314-315. Bewley/Saad 8:87-88.</ref> from an immature or unsound mind,<ref>E.g., Bewley/Saad 8:43.</ref> by withholding essential information,<ref>E.g., Guillaume/Ishaq 463-464. {{Tabari|39|p. 165}}.</ref> by offering a choice between two bad alternatives,<ref>Bewley/Saad 8:40. Guillaume/Ishaq 493.</ref> by exploiting spiritual beliefs,<ref>[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=33&tAyahNo=36&tDisplay=yes&UserProfile=0/ Jalalayn, ''Tafsir'' Q33:36]. See also {{Quran|33|36}}. {{Bukhari|3|43|648}}, {{Muslim|4|3511}}.</ref> through bribery<ref>Guillaume/Ishaq 438; 594-597.</ref> or by making promises that he intended to break.<ref>E.g., Guillaume/Ishaq 504, 509. Bewley/Saad 8:181-182.</ref> In light of this component to Muhammad's legacy, it is perhaps somewhat unclear why Waqidi felt the need to scrub the story of Khadijah's trickery from the record. | The story also foreshadows some types of consent Muhammad would go on to consider as legally binding. At various points in his life, he was to extract consent at sword-point,<ref>E.g., Guillaume/Ishaq 547.</ref> under duress,<ref>E.g., Guillaume/Ishaq 314-315. Bewley/Saad 8:87-88.</ref> from an immature or unsound mind,<ref>E.g., Bewley/Saad 8:43.</ref> by withholding essential information,<ref>E.g., Guillaume/Ishaq 463-464. {{Tabari|39|p. 165}}.</ref> by offering a choice between two bad alternatives,<ref>Bewley/Saad 8:40. Guillaume/Ishaq 493.</ref> by exploiting spiritual beliefs,<ref>[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=33&tAyahNo=36&tDisplay=yes&UserProfile=0/ Jalalayn, ''Tafsir'' Q33:36]. See also {{Quran|33|36}}. {{Bukhari|3|43|648}}, {{Muslim|4|3511}}.</ref> through bribery<ref>Guillaume/Ishaq 438; 594-597.</ref> or by making promises that he intended to break.<ref>E.g., Guillaume/Ishaq 504, 509. Bewley/Saad 8:181-182.</ref> In light of this component to Muhammad's legacy, it is perhaps somewhat unclear why Waqidi felt the need to scrub the story of Khadijah's trickery from the record. | ||