Wife Beating in Islamic Law: Difference between revisions

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{{Quote|{{Muwatta|30||13}}|Yahya related to me from Malik that Abdullah ibn Dinar said, "A man came to Abdullah ibn Umar when I was with him at the place where judgments were given and asked him about the suckling of an older person. Abdullah ibn Umar replied, 'A man came to Umar ibn al-Khattab and said, 'I have a slave-girl and I used to have intercourse with her. My wife went to her and suckled her. When I went to the girl, my wife told me to watch out, because she had suckled her!' '''Umar told him to beat his wife and to go to his slave-girl because kinship by suckling was only by the suckling of the young.'''' "}}
{{Quote|{{Muwatta|30||13}}|Yahya related to me from Malik that Abdullah ibn Dinar said, "A man came to Abdullah ibn Umar when I was with him at the place where judgments were given and asked him about the suckling of an older person. Abdullah ibn Umar replied, 'A man came to Umar ibn al-Khattab and said, 'I have a slave-girl and I used to have intercourse with her. My wife went to her and suckled her. When I went to the girl, my wife told me to watch out, because she had suckled her!' '''Umar told him to beat his wife and to go to his slave-girl because kinship by suckling was only by the suckling of the young.'''' "}}


A hadith graded ''hasan'' (the 2nd highest level of authenticity, below ''sahih'') quotes Muhammad saying that a man should not be asked why he beats his wife:
A hadith graded ''hasan'' (the 2nd highest level of authenticity according to traditional scholars of hadith, below ''sahih'') quotes Muhammad saying that a man should not be asked why he beats his wife:


{{Quote|1=[http://sunnah.com/urn/1263050 Sunan Ibn Majah 3:9:1986]|2=It was narrated that Ash'ath bin Qais said:
{{Quote|1=[http://sunnah.com/urn/1263050 Sunan Ibn Majah 3:9:1986]|2=It was narrated that Ash'ath bin Qais said:
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In summary, the hadith report that (1) 'A'isha did not consider Muhammad himself to have ever hit a woman, although on one occasion he painfully pushed / struck her in the chest, (2) Muhammad at first forbade the beating of Muslim women, but was persuaded to allow it when Umar warned that the men were losing control of their wives, (3) Muhammad allowed some of his prominent companions to hit women and slap his own wives (the very women whom all Muslims adore and refer to as "the Mother of believers", (4) Muhammad merely makes a mild remark about other men when their wives complain about beatings (describing those that do so to the point of complaint as 'not the best among you'), (5) Muhammad forbade Muslims from questioning men who beat their wives, (6) three of the four Rightly-Guided Caliphs beat women, and (7) Muhammad reaffirms the Qur'anic command of wife-beating in his parting sermon, albeit "without severity". It is clear that wife-beating has been an accepted part of Islam since its inception. While Muhammad had some reservations about the beating of women, he repeatedly indulged men who physically disciplined women, including in his presence, and was ultimately persuaded to prescribe it as a divinely-instructed punishment for certain types of misconduct on the part of women.
In summary, the hadith report that (1) 'A'isha did not consider Muhammad himself to have ever hit a woman, although on one occasion he painfully pushed / struck her in the chest, (2) Muhammad at first forbade the beating of Muslim women, but was persuaded to allow it when Umar warned that the men were losing control of their wives, (3) Muhammad allowed some of his prominent companions to hit women and slap his own wives (the very women whom all Muslims adore and refer to as "the Mother of believers", (4) Muhammad merely makes a mild remark about other men when their wives complain about beatings (describing those that do so to the point of complaint as 'not the best among you'), (5) Muhammad forbade Muslims from questioning men who beat their wives, (6) three of the four Rightly-Guided Caliphs beat women, and (7) Muhammad reaffirms the Qur'anic command of wife-beating in his parting sermon, albeit "without severity". It is clear that wife-beating has been an accepted part of Islam since its inception. While Muhammad had some reservations about the beating of women, he repeatedly indulged men who physically disciplined women, including in his presence, and was ultimately persuaded to prescribe it as a divinely-instructed punishment for certain types of misconduct on the part of women.


===Attempts to moderate the severity of the beatings===
====Additional attempts at moderating severe beatings====


It seems that Muhammad was concerned that the Muslim men were beating their wives too severely. Some hadiths record his efforts to control the severity of the beatings.
According to a number of reports found in the hadiths, Muhammad was concerned that his companions were beating their wives too severely. These hadiths record his efforts to control the severity of the beatings being conducted.


{{Quote|{{Bukhari|8|73|68}}|Narrated `Abdullah bin Zam`a:
{{Quote|{{Bukhari|8|73|68}}|Narrated `Abdullah bin Zam`a:
The Prophet (peace be upon him) forbade laughing at a person who passes wind, and said, "How does anyone of you beat his wife as he beats the stallion camel and then he may embrace (sleep with) her?" And Hisham said, "As he beats his slave"}}
The Prophet (peace be upon him) forbade laughing at a person who passes wind, and said, "How does anyone of you beat his wife as he beats the stallion camel and then he may embrace (sleep with) her?" And Hisham said, "As he beats his slave"}}


In another hadith, Muhammad advises a recently divorced woman against marrying someone who he knows to be 'very harsh with women'.
In one hadith, Muhammad advises a recently divorced woman against marrying a companions of his who he knows to be 'very harsh with women'.


{{Quote|{{Muslim|9|3527}}|Fatima bint Qais (Allah be pleased with her) reported:
{{Quote|{{Muslim|9|3527}}|Fatima bint Qais (Allah be pleased with her) reported:
My husband Abu 'Amr b. Hafs b. al-Mughira sent 'Ayyish b. Abu Rabi'a to me with a divorce, and he also sent through him five si's of dates and five si's of barley. I said: Is there no maintenance allowance for me but only this, and I cannot even spend my 'Idda period in your house? He said: No. She said: I dressed myself and came to Allah's Messenger (peace be upon him). He said: How many pronouncements of divorce have been made for you? I said: Three. He said what he ('Ayyish b. Abu Rabi'a) had stated was true. There is no maintenance allowance for you. Spend 'Idda period in the house of your cousin, Ibn Umm Maktum. He is blind and you can put off your garment in his presence. And when you have spent your Idda period, you inform me. She said: Mu'awiya and Abu'l-Jahm (Allah be pleased with them) were among those who had given me the proposal of marriage. Thereupon Allah's Apostle (peace be upon him) said: Mu'awiya is destitute and in poor condition and Abu'l-Jahm is very harsh with women (or he beats women, or like that), you should take Usama b. Zaid (as your husband).}}
My husband Abu 'Amr b. Hafs b. al-Mughira sent 'Ayyish b. Abu Rabi'a to me with a divorce, and he also sent through him five si's of dates and five si's of barley. I said: Is there no maintenance allowance for me but only this, and I cannot even spend my 'Idda period in your house? He said: No. She said: I dressed myself and came to Allah's Messenger (peace be upon him). He said: How many pronouncements of divorce have been made for you? I said: Three. He said what he ('Ayyish b. Abu Rabi'a) had stated was true. There is no maintenance allowance for you. Spend 'Idda period in the house of your cousin, Ibn Umm Maktum. He is blind and you can put off your garment in his presence. And when you have spent your Idda period, you inform me. She said: Mu'awiya and Abu'l-Jahm (Allah be pleased with them) were among those who had given me the proposal of marriage. Thereupon Allah's Apostle (peace be upon him) said: Mu'awiya is destitute and in poor condition and Abu'l-Jahm is very harsh with women (or he beats women, or like that), you should take Usama b. Zaid (as your husband).}}


In the following hadith, Muhammad says not to beat your wife's face.
In another hadith, Muhammad instructs that a person should not beat their wife's face.


{{Quote|1=[http://sunnah.com/abudawud/12/97 AbuDawud 11:2137]|2=Narrated Mu'awiyah al-Qushayri:
{{Quote|1=[http://sunnah.com/abudawud/12/97 AbuDawud 11:2137]|2=Narrated Mu'awiyah al-Qushayri: Mu'awiyah asked: Messenger of Allah, what is the right of the wife of one of us over him? He replied: That you should give her food when you eat, clothe her when you clothe yourself, do not strike her on the face, do not revile her or separate yourself from her except in the house.
Mu'awiyah asked: Messenger of Allah, what is the right of the wife of one of us over him? He replied: That you should give her food when you eat, clothe her when you clothe yourself, do not strike her on the face, do not revile her or separate yourself from her except in the house.


Abu Dawud said: The meaning of "do not revile her" is, as you say: "May Allah revile you".}}
Abu Dawud said: The meaning of "do not revile her" is, as you say: "May Allah revile you".}}


Another version of the same hadith is worded more generally, saying, "do not beat them". If this version is a more accurate reflection of what Muhammad said, it could be that it occured in the temporary period in which Muhammad forbade beating (see {{Abu Dawud|11|2141}} quoted above).
Another version of the same hadith is worded more generally, saying, "do not beat them". If this version is a more accurate reflection of what Muhammad said, it is likely that it occurred in the temporary period in which Muhammad forbade beating (see {{Abu Dawud|11|2141}}, quoted above), as later sources concur on Muhammad's instruction and permission of wife-beating.


{{Quote|1=[http://sunnah.com/abudawud/12/99 AbuDawud 11:2139]|2=Narrated Mu'awiyah al-Qushayri:
{{Quote|1=[http://sunnah.com/abudawud/12/99 AbuDawud 11:2139]|2=Narrated Mu'awiyah al-Qushayri:
I went to the Messenger of Allah (peace be upon him) and asked him: What do you say (command) about our wives? He replied: Give them food what you have for yourself, and clothe them by which you clothe yourself, and do not beat them, and do not revile them}}
I went to the Messenger of Allah (peace be upon him) and asked him: What do you say (command) about our wives? He replied: Give them food what you have for yourself, and clothe them by which you clothe yourself, and do not beat them, and do not revile them}}


A lengthy hadith in Sunan Abu Dawud includes an instruction to beat your wives, but not severely, if they allow anyone whom you dislike to lie on your beds, which were rolled out on the floor in bedouin tents. 'beat them, but not severely' is in the arabic 'fa-idribuhunna darban ghayra mubarrihin"', and literally means 'beat them, a beating without violence, severity, sharpness, vehemence<ref>[http://www.studyquran.org/LaneLexicon/Volume1/00000219.pdf Lane's Lexicon] Book I page 182</ref>'. It is very similar to Muhammad's farewell sermon quoted above and includes the following:
A lengthy hadith in Sunan Abu Dawud includes an instruction to beat one's wives, but not severely, if they allow anyone whom the husband dislikes to lie on their beds (these being were usually rolled out on the floor in Bedouin tents). In Arabic, 'beat them, but not severely' is ''fa-idribuhunna darban ghayra mubarrihin'', which literally translates to mean 'beat them, a beating without violence/severity/sharpness/vehemence<ref>[http://www.studyquran.org/LaneLexicon/Volume1/00000219.pdf Lane's Lexicon] Book I page 182</ref>'. The instruction here is nearly akin to that found in Muhammad's farewell sermon (quoted above) and includes the following:


{{Quote|1=[http://sunnah.com/abudawud/11/185 AbuDawud 10:1900]|2=Fear Allaah regarding women for you have got them under Allah’s security and have the right to intercourse with them by Allaah’s word. It is a duty from you on them not to allow anyone whom you dislike to lie on your beds but if they do beat them, but not severely.}}
{{Quote|1=[http://sunnah.com/abudawud/11/185 AbuDawud 10:1900]|2=Fear Allaah regarding women for you have got them under Allah’s security and have the right to intercourse with them by Allaah’s word. It is a duty from you on them not to allow anyone whom you dislike to lie on your beds but if they do beat them, but not severely.}}


A shorter version of the Farewell Sermon appears also in Sunan Ibn Majah. The Arabic words here translated "and hit them, but without causing injury or leaving a mark" are actually the same as in the Abu Dawud hadith and al-Tabari's version of the farewell sermon quoted above, with a literal translation being, "beat them, a beating without severity".
A shorter version of the Farewell Sermon can also be found in ''Sunan Ibn Majah''. The Arabic words here translated 'and hit them, but without causing injury or leaving a mark' are the same as those found in the ''Abu Dawud'' hadith as well as al-Tabari's version of the farewell sermon (quoted above), with the literal translation being, again, 'beat them, a beating without severity'.


{{Quote|{{Ibn Majah||3|9|1851}}|Then he said: 'I enjoin good treatment of women, for they are prisoners with you, and you have no right to treat them otherwise, unless they commit clear indecency. If they do that, then forsake them in their beds and hit them, but without causing injury or leaving a mark.}}
{{Quote|{{Ibn Majah||3|9|1851}}|Then he said: 'I enjoin good treatment of women, for they are prisoners with you, and you have no right to treat them otherwise, unless they commit clear indecency. If they do that, then forsake them in their beds and hit them, but without causing injury or leaving a mark.}}


Similarly, the translations of the farewell sermon in {{Al Tirmidhi||5|44|3087}}, which says "and beat them with a beating that is not painful" and {{Al Tirmidhi||2|10|1163}}, which says "and beat them with a beating that is not harmful" are in fact the same arabic words as mentioned above in the other versions.
Similarly, the versions of the farewell sermon found in {{Al Tirmidhi||5|44|3087}}, translated as 'and beat them with a beating that is not painful', and {{Al Tirmidhi||2|10|1163}}, translated as 'and beat them with a beating that is not harmful, consist of the same Arabic words as quoted above and found in other versions of the sermon.


Al-Tabari's tafsir for verse 4:34<ref>[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=1&tSoraNo=4&tAyahNo=34&tDisplay=yes&UserProfile=0&LanguageId=1 al-tafsir.com] Tabari's tafsir for 4:34</ref> seems to be the earliest record of the idea that wife beating should be done with a miswak / siwaak (a small stick-like item used as a toothbrush). These do not appear in the main sahih hadith collections, but are of interest nonetheless.
The ''[[tafsir]]'', or exegesis, of al-Tabari (d. 923, roughly 200 years after [[Muhammad's Death|Muhammad's death]]) for verse {{Quran|4|34}} appears to be the earliest record of the idea that wife beating should be done with a miswak/siwaak (a small stick-like item used as a toothbrush).<ref>[http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=1&tSoraNo=4&tAyahNo=34&tDisplay=yes&UserProfile=0&LanguageId=1 al-tafsir.com] Tabari's tafsir for 4:34</ref> These do not appear in the main ''sahih'' hadith collections, but have been of abiding interest nonetheless.


{{Quote|1=<br>Al-Tabari's tafsir for verse 4:34|2=I said to Ibn ‘Abbaas, what is a non-severe beating? He said, Hitting with a siwaak and the like.}}
{{Quote|1=[https://tafsir.app/tabari/4/34 al-Tabari 4:34]|2=I said to Ibn ‘Abbaas, what is a non-severe beating? He said, Hitting with a siwaak and the like.}}
The phrase 'non-severe beating' is 'darban ghayra mubarrihin'. See the word definitions explained above regarding its appearance in the Abu Dawud hadith and Muhammad's farewell sermon.
In Arabic, the phrase 'non-severe beating' is ''darban ghayra mubarrihin''. See the word definitions explained above regarding its appearance in the Abu Dawud hadith and Muhammad's farewell sermon.


Tabari also has Qatada clarifying that it means ghayr sha'in (without being disgraceful, outrageous, obscene, indecent).
Tabari also has Qatada clarifying that it means ghayr sha'in (without being disgraceful, outrageous, obscene, indecent).
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