Bismillāh ir Rahmān ar Rahīm
al-Fuqahā: The Jurists
No.: 00026 Version 1.00
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Opinions in this paper
1. Jurists and followers of the various madhahib should
take note of the views of the scholars of their school of
thought.
2. Opinions expressed are not stated as the final opinions
in every school of Islamic Law.
3. For the sake of brevity, not every opinion of the
scholars is mentioned.
4. The mentioned opinions of specific madhahib or
scholars would be informative to those who do not
follow such jurists or madhahib, and in some cases,
may be applicable to cases and situations in another
school.
5. The opinions and views provided might have been
challenged and refuted by other jurists.
6. Shariah scholars may expand on the views provided –
depending on the need and upon circumstances.
Bi-lingual Format
Arabic scholars and Ulama will benefit from a comparison
of the English translations to the original Arabic texts or
sources. Often, the Arabic texts are not fully translated, or
only a summary thereof is provided. Students will also
learn to understand the Arabic texts through the English
translation.
Contents:
1. The dua of qunūt (Hanafī format)
2. Does the husband have the right to prevent his wife
from hajj when she finds a mahram (Hanafi fiqh)
3. Dowry and talāq
4. A union of erudite scholarship and Ignorance
5. A revocable or irrevocable divorce
6. A woman who is menstruating is permitted to bathe a
deceased female
The dua of qunūt (Hanafī format)
(‫اﻷ ﺎف‬ ‫)ﻲ‬ ‫آﺰاﺪ ﺎ‬
‫وأ ﺎ د ﺎؤ ْﻴ ﻴ د ﺎء ﺆ ﺖ آﺬا ذآﺮ ا ْﻜ ْﺮ ﻲ ﻲ آﺘﺎب ا ﺼ ﺎة ﺄﻥ‬
‫ﻦ ا ﺪ ﺎء‬ْ ‫ﻦ ا ﺼ ﺎ ﺔ أ ْد ﻴﺔ ْﺘ ﺔ ﻲ ﺎل ا ْ ﻮت و ﺄن ا ْ ﺆ ﺖ‬ ْ ‫روي‬
‫ﻦ ا ْﺈ ﺎ ﺔ و ﺄﻥ ﺎ یﺆ ﺖ ﻲ‬ ْ ‫ﺪ ﻴْ ﺪ‬ ‫ﻦ‬
ْ ‫یﺬْه ﺎ ﺮ ﺔ آ ﺎ روي‬
‫ﻦ ا ﺼ ﻮات ﻲ د ﺎء ا ْ ﻮت أ ْو ﻰ و ﺎل ْﺾ ﺸﺎی ﺎ‬ ْ ‫ ا ْ ﺮاءة ﺸﻲْء‬Page | 1
‫ﻦ ْﻮ ْﻴ ﻴ د ﺎء ﺆ ﺖ ﺎ ﻮى ا ﻬ إﻥﺎ ﻥ ْﺘ ﻴ ﻚ ﺄن‬ ْ ‫ا ْ ﺮاد‬
‫ﻴْﺮ‬ ‫ن ی ْﺮأ و ْﻮ ﺮأ ﻴْﺮ ﺎز و ْﻮ ﺮأ‬ ْ ‫ا ﺼ ﺎ ﺔ اﺕ ﻮا ْﻴ ﺎ ْﺄ ْو ﻰ أ‬
‫ر ﻮل ا ﺹ ﻰ اﷲ ﻴ و‬ ‫ن ی ْﺮأ ْﺪ ﺎ‬ ْ ‫ﺎ وا ْﺄ ْو ﻰ أ‬ ‫آﺎن‬
‫ﻦ هﺪیْﺖ { إ ﻰ ﺮ و ﺎل‬ ْ ‫ا ْ ﻦ ْﻦ ﻲ ﻲ ﻮﺕ } ا ﻬ اهْﺪﻥﻲ ﻴ‬
‫ن یﻜﻮن ﻴ د ﺎء ﺆ ﺖ ﺄن ا ْﺈ ﺎم ر ﺎ یﻜﻮن‬ ْ ‫ْﻀﻬ ْ ا ْﺄ ْﻀ ﻲ ا ْﻮﺕْﺮ أ‬
‫ﻦ‬
ْ ‫ﺪ‬ ‫ﻦ‬
ْ ‫ﺸ آ ﺎم ا ﺎس ﺘ ْ ﺪ ﺹ ﺎﺕ و ﺎ روي‬ ْ ‫ﺎه ﺎ ﻴﺄْﺕﻲ ﺪ ﺎء ی‬
‫ْ ﻮل ﻰ أ ْد ﻴﺔ ا ْ ﺎ ﻚ دون‬ ْ ْ ‫أن ا ﺘ ْﻮ ﻴﺖ ﻲ ا ﺪ ﺎء یﺬْه ﺮ ﺔ ا‬
‫ﻲ ﺵﺮْح ْﻴﺔ ا ْ ﺼ ﻲ ﻮْل ا ﺎ ﺔ ا ﺜﺎﻥﻴﺔ ﺎ‬ ‫ا ﺼ ﺎة آﺬا ﻲ ا ْ ﺪا و ر‬
‫ﻲ‬ ‫ﻦا‬ْ ْ ْ ‫ذآﺮوا وﺕ ﺮآﺎ ﺎ ْ ﺄْﺙﻮر ا ْﻮارد ا ْﺄ ْ ﺎر وﺕﻮارﺙ ا‬
. ‫ﺎ ﺮ ا ْﺄ ْﺼﺎر ا هـ‬
‫ﻦ ذآﺮ ا ْﺈ ْ ﻴ ﺎ ﻲ أن ﺎهﺮ ا ﺮوایﺔ ﺪم ﺕ ْﻮ ﻴﺘ ﺙ إن ا ﺪ ﺎء ا ْ ﺸْﻬﻮر‬ ْ‫ﻜ‬
‫ﻴْﻚ وﻥ ْﺜ ﻲ‬ ‫ْﺪ أ ﻲ ﻴ ﺔ ا ﻬ إﻥﺎ ﻥ ْﺘ ﻴ ﻚ وﻥ ْﺘ ْ ﺮك وﻥ ْﺆ ﻦ ﻚ وﻥﺘﻮآ‬
‫ﻦ ی ْ ﺮك ا ﻬ إیﺎك ﻥ ْ ﺪ‬ ْ ‫ﻴْﻚ ا ْ ﻴْﺮ آ ﻥﺸْﻜﺮك و ﺎ ﻥ ْﻜ ﺮك وﻥ ْ وﻥﺘْﺮك‬
‫و ﻚ ﻥﺼ ﻲ وﻥ ْ ﺪ وإ ﻴْﻚ ﻥ ْ ﻰ وﻥ ْ ﺪ ﻥ ْﺮ ﻮ ر ْ ﺘﻚ وﻥ ْﺸﻰ ﺬا ﻚ إن‬
‫ﻦ ﻲ ا ْ ﺪ ﺔ ا ْ ﺰْﻥﻮیﺔ إن ﺬا ﻚ ا ْ ﺪ و ْ یﺬْآ ْﺮ ﻲ‬ ْ‫ﻜ‬ ْ ‫ﺬا ﻚ ﺎ ْﻜ ﺎر‬
‫ﻦ ﻥ ْ وا ﺎهﺮ ﺙ ﻮﺕﻬ ﺎ أ ﺎ إ ْﺙ ﺎت ا ْ ﺪ‬ ْ ‫ا ْ ﺎوي ا ْ ْﺪ ﻲ إ ﺎ أﻥ أ ْ ا ْﻮاو‬
‫ﻲ روایﺔ ا ﺎوي‬ ْ ‫ﻲ ﺮا ﻴ أ ﻲ داود وأ ﺎ إ ْﺙ ﺎت ا ْﻮاو ﻲ وﻥ‬
‫وا ْ ﻴْﻬ ﻲ و اﻥْﺪ ﺎ ذآﺮ ا ﺸ ﻲ ﻲ ﺵﺮْح ا ﺎیﺔ أﻥ ﺎ ی ﻮل ا ْ ﺪ‬
‫ْ ﻰ ا ْ وا ْﺘ ﻮا ﻲ ْ وﺹ‬ ‫واﺕ ﻮا ﻰ أﻥ ﻜ ْﺮ ا ْ ﻴ‬
‫ﻬ ْ و ﻴ ْﺘ ﻬﺎ وﻥﺺ ا ْ ﻮْهﺮي ﻰ‬ ‫ا ْﺈ ْ ﻴ ﺎ ﻲ آ ْﺮ ا ْ ﺎء ْ ﻰ ﺎ‬
‫ﻦ ا ْ ْﺪ‬ْ ‫أﻥ ﺹﻮاب وأ ﺎ ﻥ ْ ﺪ ﻬﻮ ْﺘ ا ﻮن وآ ْﺮ ا ْ ﺎء و ﺎ ﺪال ا ْ ْﻬ ﺔ‬
‫ْ ﻰ ا ْﺮ ﺔ وی ﻮز ﺽ ا ﻮن ی ﺎل ﺪ ْ ﻰ أ ْﺮع وأ ْ ﺪ ﺔ ﻴ‬
‫ن ﻲ ﺘﺎوی ﺄﻥ ْﻮ ﺮأهﺎ‬ ْ ‫وأ ْ وﺹﺮح ﺎﺽﻲ ﺎ‬ ‫ﻜﺎهﺎ ا ْﻦ ﺎ ﻚ ﻲ‬
‫ﺄﻥﻬﺎ آ ﺔ ْﻬ ﺔ ﺎ ْ ﻰ ﻬﺎ‬ ‫ﺖ ﺹ ﺎﺕ و‬ ْ ‫ﺎ ﺬال ا ْ ْ ﺔ‬
As for the dua (supplication) of qunūt, there is no specific
dua. This has been mentioned by al-Karkhī in Kitāb al-
salāh since diverse supplications (of qunūt) have been
narrated from the Sahābah. Also, (imposing) a specific
format of the qunūt (supplication) takes away the softness
(of the heart) – as narrated from Imam Muhammad (b. al-
Hasan). It would thus distance it from acceptance (by
Allāh). Also, because nothing specific has been imposed in
regard to the recital (that has to be read) in any of the (5
obligatory and other voluntary) Salāhs. Thus, it is even
more essential (that such an imposition) is not made in
regard to the qunūt. Some of our (Hanafi) jurists have said:
The meaning of his statement “There is no specific
supplication for it” refers to all that which is besides (the
supplication beginning as) Allāhumma innā nasta’īnuka
since the Sahābah have unanimously agreed on it. Thus, it
is best that this be read. However, it would be permissible
to read something else. It would also be good if he/she
read anything more with it. (In this regard) it is best that
he/she reads thereafter that which was taught by
Rasulullāh Sallallāhu alaihi wa sallam to Hasan b. Ali in
regard to his qunūt i.e. Allāhumahdinī fīman hadaita… to
the end of it. Some of these jurists said that it is better in
witr that the dua (supplication) be specific since the imām
might be ignorant and may therefore supplicate in a
format that more greatly resembles the speech of people
due to which his salāh will become void. That which has
been narrated from Imam Muhammad in regard to
specifying a dua to be a means to eliminating the softness
of the heart is to be interpreted to refer to the
supplications of other forms of worship besides salāh –
This is mentioned in al-Badā’ih (of Kāsānī). In the
commentary of Munayat-ul-musallī, preference is given to
the view of the second group in order to take blessings ‫ﺎ أ ْ ﻴْﺖ و ﺎ ْ ﻲ‬ ‫ﺎ ﺎل ا ْ ْﺪ وآ ﺎ ﻚ ْﺪ ﺎ ﺎﻥ‬ ‫ا ﺜ ﺎء وا ْ ْﺪ أ‬
through that which has been narrated from the ahādith, . ‫ذا ا ْ ﺪ ْﻚ ا ْ ﺪ‬ ْ ‫ﺎ ْﺖ و ﺎ ی‬
and which has been practised by the subsequent
‫ﺪ‬ ‫ﻦ ﺵ ْﻴ یﻜ ﻰ أ ﺎ‬
ْ ‫ﻦ ْﺼﻮر‬ ْ ‫ﻦ ﻦ ْﻦ ﺹﺎ‬ ْ ‫ ( ﺪﺙ ﺎ وآﻴ‬3 )
generations after being adopted from those before them
‫ ا ﻬ إﻥﻚ ﺕﺮى و ﺎ أرى‬: ‫أن ا ْ ﻴْﻦ ْﻦ ﻲ آﺎن ی ﻮل ﻲ ﻮت ا ْﻮﺕْﺮ‬
throughout the centuries. ‫وأﻥْﺖ ﺎ ْ ْ ﺮ ا ْﺄ ْ ﻰ وإن إ ﻴْﻚ ا ﺮ ْ ﻰ وإن ﻚ ا ْ ﺮة وا ْﺄو ﻰ ا ﻬ إﻥﺎ‬
However, al-Isbījābī has mentioned that the zāhir al- . ‫ن ﻥﺬل وﻥ ْﺰى‬ ْ ‫ﻦأ‬ْ ‫ﻥ ﻮذ ﻚ‬
riwāyah is that the dua should not be specified. The well ‫ ْ ﻲ‬: ‫ﻦ إ ْﺮاهﻴ ﺎل‬
ْ ‫ﻦ ا ﺰ ﻴْﺮ ْﻦ ﺪي‬
ْ ‫ﻦ ْﻴﺎن‬ ْ ‫ ( ﺪﺙ ﺎ وآﻴ‬4 ) Page | 2
known supplication (in this regard) as narrated from Imam . ‫ ا ﻬ إﻥﺎ ﻥ ْﺘ ﻴ ﻚ وﻥ ْﺘ ْ ﺮك‬: ‫ﻮت ا ْﻮﺕْﺮ‬
Abū Hanīfah is:
: ‫ﻦ أ ﻲ ْﺪ ا ﺮ ْ ﻦ ﺎل‬ ْ ‫ﻦ ﺎء ْﻦ ا ﺎ‬ ْ ‫ ( ﺪﺙ ﺎ ا ْﻦ ﻀ ْﻴ‬5 )
‫ا ﻬ إ ﺎ ﺴْﺘ ﻴ ﻚ و ﺴْﺘ ْﻐ ﺮك و ْﺆ ﻚ و ﺘﻮآ‬ ‫ ا ﻬ إﻥﺎ ﻥ ْﺘ ﻴ ﻚ وﻥ ْﺘ ْ ﺮك وﻥ ْﺆ ﻦ‬: ‫ن ﻥ ْﺮأ ﻲ ا ْ ﻮت‬ْ ‫ﺎ ا ْﻦ ْ ﻮد أ‬
‫ﻦ ی ْ ﺮك ا ﻬ إیﺎك ﻥ ْ ﺪ‬ْ ‫ﻚ وﻥ ْﺜ ﻲ ﻴْﻚ ا ْ ﻴْﺮ و ﺎ ﻥ ْﻜ ﺮك وﻥ ْ وﻥﺘْﺮك‬
‫ﻴْﻚ و ْﺜ ﻲ ﻴْﻚ ا ْﺨﻴْﺮ آ ﻪ ﺸْﻜﺮك و ﺎ ْﻜ ﺮك‬ ‫و ﻚ ﻥﺼ ﻲ وﻥ ْ ﺪ وإ ﻴْﻚ ﻥ ْ ﻰ وﻥ ْ ﺪ وﻥ ْﺮ ﻮ ر ْ ﺘﻚ وﻥ ْﺸﻰ ﺬا ﻚ إن‬
‫ﺨ و ﺘْﺮك ْ ی ْﺠﺮك ا ﻬ إیﺎك ْ ﺪ و ﻚ‬ ْ ‫و‬ . ْ ‫ﺬا ﻚ ا ْ ﺪ ﺎ ْﻜ ﺎر‬

‫ﺴ ﻰ و ْ ﺪ ﺮْﺝﻮ ر ْ ﺘﻚ‬ ْ ‫ﺼ ﻲ و ﺴْﺠﺪ وإ ﻴْﻚ‬ ‫ﻲ ﻮت‬ ‫ ْﻴ‬: ‫ﻦ إ ْﺮاهﻴ ﺎل‬

ْ ‫ أ ْ ﺮﻥﺎ ﻴﺮة‬: ‫ ( ﺪﺙ ﺎ هﺸ ْﻴ ﺎل‬6 )
. ‫ا ْﻮﺕْﺮ ﺵﻲْء ﻮ ﺖ إﻥ ﺎ هﻮ د ﺎء وا ْﺘ ْ ﺎر‬
ْ ‫و ﺨْﺸﻰ ﺬا ﻚ إن ﺬا ﻚ ﺎ ْﻜ ﺎر‬
Translation ‫آﺰاﺪ ﺎ‬

‫ﻴ ﺙ ﺎﺙﺔ أ ْﻮال ْﺘﺎرة ﻴ‬ ْ ‫ﻦ ﺎ ی ْ ﻦ ا ْ ﻮت ﺎ ْ ﺮ ﻴﺔ أ ْو ﺎ ی‬ ْ ‫و‬

O Allāh! we seek help from You (in all our affairs
immaterial whether this be material or spiritual, temporal
or eternal). We seek Your forgiveness (from all forms of
sins that we have perpetrated: minor or major, secret or
public). We believe in You (as a Single Lord, who is
attributed by the attributes by which You have described
Your own being). We entrust our affairs to You. We extol
all forms of goodness upon You. We are thankful to You,
and we will not be unappreciative of You (i.e. Your
favours). We will segregate ourselves and leave aside
whoever is disobedient to You. O Allāh! You alone do we
worship, and for you (alone) do we make Salāh and
prostrate. Towards You do we strive and unto You do we
hasten. We hope for Your (immense) mercy and we fear
Your punishment. Indeed, Your punishment will afflict the
disbelievers.
Note:
There are also diverse narrations of the qunūt i.e.
Allāhumahdinī fīman hadaita
(178 /29) ‫اﻷ ﺎدیﺚ‬
‫ی ﻮل یﺎ رب ﺙ ﺎث ﺮات ﺙ یﺮْآ و ﻴ ی ﻮل ا ﻬ ا ْ ْﺮ ﻲ ﺙ ﺎث ﺮات و ﻴ‬
‫ﺔ و ﺎ ﺬاب ا ﺎر وا ﺎهﺮ‬ ‫ﺔ و ﻲ ا ْ ﺮة‬ ‫ا ﻬ ر ﺎ ﺕ ﺎ ﻲ ا ﺪﻥْﻴﺎ‬
‫أن ا ﺎ ْﺘ ﺎف ﻲ ا ْﺄ ْﻀ ﻴﺔ ﺎ ﻲ ا ْ ﻮاز وأن ا ْﺄ ﻴﺮ أ ْﻀ ﺸ ﻮ وأن‬
‫ﻦ ی ْﺮف ا ﺪ ﺎء‬
ْ ‫ﻦ ﺎ ی ْ ﻦ ا ْ ﺮ ﻴﺔ ْﻴ ﺸﺮْط ْ ی ﻮز‬ ْ ‫ا ﺘ ْﻴﻴﺪ‬
‫ن ی ْﺘﺼﺮ ﻰ وا ﺪ ﺎ ذآﺮ ﺎ ْﺖ أن ﺎهﺮ ا ﺮوایﺔ ﺪم‬ ْ ‫ا ْ ْﺮوف أ‬
‫ﺕ ْﻮ ﻴﺘ‬
(For) Whoever is not good at reading the qunūt in Arabic,
or has not memorized it – three preferred opinions have
been given: It is said: HE must say ‘Yā Rabbī’ three times,
and then go into ruku. It is said: He must say
‘Allāhummaghfirlī’ three times, and it is said that he must
say ‫ ا ﻬ ر ﺎ ﺕ ﺎ ﻲ ا ﺪ ْﻴﺎ ﺴ ﺔ و ﻲ ا ْ ﺥﺮة ﺴ ﺔ و ﺎ ﺬاب ا ﺎر‬. It is
clear that the differences are in regard to what is
preferable and not in regard to permissibility (since all
these formats are permitted). The last (long supplication)
is best due to its comprehensiveness. The specification
“Whoever is not good at reading in Arabic” is not a
condition since it is permissible for anyone who knows the
well known supplication (of qunūt) to limit himself to any
one of the (brief) mentioned supplications since the Zāhir
‫ﺎ‬ al-Riwāyah did not specify that it (the qunūt) be specific.

‫ ﺹ ﻴﺖ ا ﺪاة ذات یﻮم وﺹ ﻰ ﻰ‬: ‫ ﺪﺙ ﺎ هﺸﻴ أﻥﺎ ﺼﻴﻦ ﺎل‬-31928

Must the Imam read the qunūt of witr loudly or silently –
‫ﺎ ﻀﻴﺖ ﺹ ﺕﻰ ﺎل ﻰ ﺎ ﺖ ﻰ‬ ‫ﺜ ﺎن ﻦ زیﺎد ﺖ ﻰ ﺹ ة ا ﺼ‬
both are allowable e.g. in Ramadhan
‫ﻮﺕﻚ ﺖ ذآﺮت هﺆ ء ا ﻜ ﺎت ا ﻬ إﻥﺎ ﻥ ﺘ ﻴ ﻚ وﻥ ﺘ ﺮك وﻥﺜ ﻰ ﻴﻚ‬
‫وﻥﺘﺮك ﻦ ی ﺮك ا ﻬ إیﺎك ﻥ ﺪ و ﻚ‬ ‫ا ﻴﺮ آ ﻥﺸﻜﺮك و ﻥﻜ ﺮك وﻥ‬ ‫آﺰاﺪ ﺎ‬
‫ﻥﺼ ﻰ وﻥ ﺪ وإ ﻴﻚ ﻥ ﻰ وﻥ ﺪ ﻥﺮ ﻮ ر ﺘﻚ وﻥ ﺸﻰ ﺬا ﻚ إن ﺬا ﻚ‬
‫ﺮ ﻦ ا ﺎب و ﺜ ﺎن ﻦ ﺎن‬ ‫ﺎل ﺜ ﺎن آﺬا آﺎن یﺼ‬ ‫ﺎ ﻜ ﺎر‬ ‫و ْ ی ﻴ ْﺪ ا ْ ﺼ ا ْ ﻮت ﺎ ْ ﺎ ﺘﺔ ﺎ ْﺘ ﺎف ﻴ ﺎل ﻲ ا ﺬ ﻴﺮة‬
[21969 ‫)ا ﻦ أ ﻰ ﺵﻴ ﺔ( ]آ ﺰ ا ﺎل‬ ‫ْﺈ ﺎم ﻴﺘ ﻮا آ ﺎ ﻬﺮ ﺮ رﺽﻲ اﷲ‬ ْ ‫ا ْﺘ ْ ﻮا ا ْ ﻬْﺮ ﻲ ﺎد ا‬
‫ﺎ ﺜ ﺎء ﻴﻦ ﺪم ْﻴ و ْﺪ ا ْ ﺮاق وﻥﺺ ﻲ ا ْﻬﺪایﺔ ﻰ أن ا ْ ْﺘﺎر‬
‫ﻰ أﻥ ا ْﺄﺹ و ﻲ ا ْ ﺪا وا ْﺘﺎر ﺸﺎی ﺎ ﺎ وراء‬ ‫ا ْ ﺎ ﺘﺔ و ﻲ ا ْ ﻴ‬
} ‫ا ْﺈ ﺎم وا ْ ﻮْم ﻴ ﺎ ﻮ ﺕ ﺎ ﻰ‬ ‫ا ﻬْﺮ ا ْﺈ ْ ﺎء ﻲ د ﺎء ا ْ ﻮت ﻲ‬
‫ا ﺼ‬
‫ا ْد ﻮا ر ﻜ ْ ﺕﻀﺮ ﺎ و ْﻴﺔ { و ﻮْل ا ﻲ ﺹ ﻰ اﷲ ﻴ و } ﻴْﺮ ا ﺪ ﺎء‬
‫ﺪ ﻦ أ ﻲ ﺵﻴ ﺔ‬ ‫ﺪ اﷲ ﻦ‬
‫ن یﻜﻮن‬ْ ‫ا ْ ﻲ { وهﻮ ﺮْوي ﻲ ﺹ ﻴ ا ْﻦ ﺎن و ﺼ ْﻀﻬ ْ ﻴْﻦ أ‬
‫ آﺘﺎب ﺹ ة ا ﺘ ﻮع‬:‫آﺘﺎب ا ﺼ ة‬
‫ا ْ ﻮْم ﺎ ی ْ ﻮﻥ ﺎ ْﺄ ْﻀ ْﺄم ا ْ ﻬْﺮ ﻴﺘ ﻮا وإ ﺎ ﺎ ْﺈ ْ ﺎء أ ْﻀ آ ﺎ ﻲ‬
‫ﻦ ا ﺪ ﺎء‬
ْ ‫ ( ﻲ ﻮت ا ْﻮﺕْﺮ‬129 )
‫ن یﻜﻮن دون ﻬْﺮ ا ْ ﺮاءة آ ﺎ ﻲ ْﻴﺔ‬ ْ ‫ﻦ ا ْﺘﺎر ا ْ ﻬْﺮ أ‬ْ ‫ا ﺬ ﻴﺮة و‬
‫ﻦ ﺮیْﺪ ْﻦ أ ﻲ‬ْ ‫ﻦ أ ﻲ إ ْ ﺎق‬ ْ ‫ ﺪﺙ ﺎ ﺵﺮیﻚ‬: ‫ ( ﺪﺙ ﺎ أ ﻮ ﻜْﺮ ﺎل‬1 ) . ‫اْ ﺼ ﻲ‬
‫ﻲ ﺪي ﺹ ﻰ اﷲ‬ : ‫ﻦ } ا ْ ﻦ ْﻦ ﻲ ﺎل‬ ْ ‫ﻦ أ ﻲ ا ْ ﻮْزاء‬
ْ ‫ﺮْی‬
‫ﻦ هﺪیْﺖ‬ْ ‫ ا ﻬ اهْﺪﻥﻲ ﻴ‬: ‫ﻴ و آ ﺎت أ ﻮ ﻬﻦ ﻲ ﻮت ا ْﻮﺕْﺮ‬ Does the husband have the right to prevent his wife from
‫ك ﻲ ﻴ ﺎ أ ْ ﻴْﺖ و ﻲ ﺵﺮ‬ ْ ‫ﻦ ﺕﻮ ﻴْﺖ و ﺎر‬
ْ ‫ﻦ ﺎ ﻴْﺖ وﺕﻮ ﻲ ﻴ‬ْ ‫و ﺎ ﻲ ﻴ‬ hajj when she finds a mahram (Hanafi fiqh)
‫ﻦ وا ﻴْﺖ ﺕ ﺎرآْﺖ ر ﺎ‬
ْ ‫ﺎ ﻀﻴْﺖ ﺈﻥﻚ ﺕ ْﻀﻲ و ﺎ ی ْﻀﻰ ﻴْﻚ وإﻥ ﺎ یﺬل‬
. { ‫وﺕ ﺎ ﻴْﺖ‬ (78 /1) ‫ﺕ ﻴ ا ﺘﺎوى ا ﺎ ﺪیﺔ‬
‫ﻦ ﻴْﺪ ا ْﻦ ﻴْﺪ ْﻦ‬ ْ ‫ﻦ هﺎرون ْﻦ أ ﻲ إ ْﺮاهﻴ‬
ْ ‫ ( ﺪﺙ ﺎ وآﻴ‬2 ) ‫ﻦ‬
ْ ‫ﻴْﻬﺎ ا ْ و ﻬﺎ ْﺮم ﻬ ْ ﺰ ْو ﻬﺎ ْ ﻬﺎ‬ ‫( ﻲ ا ْﺮأة و‬ )
‫ ﻚ ا ْ ْﺪ ْء‬: ‫ﻦ ا ْﻦ ﺎس أﻥ آﺎن ی ﻮل ﻲ ﻮت ا ْﻮﺕْﺮ‬ ْ ‫ﻴْﺮ‬ ‫ﻦ ﺔ ا ْﺈ ْ ﺎم إذا و ﺪْت ﺮ ﺎ ﺄن‬ ْ ‫ْ ﻬﺎ‬ ‫ ْﻴ‬: ( ‫) ا ْ ﻮاب‬ ْ‫ا‬
‫ﻦ ﺵﻲْء ْﺪ أ ْه‬
ْ ‫ا ﺎوات ا ْ و ْء ا ْﺄرْﺽﻴﻦ ا ْ و ْء ﺎ ْﻴ ﻬ ﺎ‬ . ‫ﺎ ی ْﻬﺮ ﻲ ا ْ ﺮا ﺾ آ ﺎ ﻲ ا ْ ْﺮ‬

(He was asked) in regard to a woman upon whom the
pilgrimage became obligatory, and who has a mahram
(Muslim male like a husband or a non-husband whom she
cannot marry due to relationship by lineage e.g. a father,
brother, grandfather)
(Answer) He cannot prohibit her from an obligatory hajj in
the case where she has a mahram since he has no right
(over her) (when she has to discharge her) obligations – as
stated in al-Bahr.
Dowry and talāq
(154 /1) ‫ﺕ ﻴ ا ﺘﺎوى ا ﺎ ﺪیﺔ‬
‫ْ ﺔ وا ﺪة ر ْ ﻴﺔ و ﻬﺎ ﺬ ﺘ ﺆ ﺮ‬ ‫ز ْو ﺘ ا ْ ﺎ‬ ‫( ﻲر‬
ْ ‫ ﻥ‬: ( ‫ﺹﺪا ﻬﺎ ﺕﺮیﺪ أ ْﺬ ْ ْﺪ ا ْﻥ ﻀﺎء ﺪﺕﻬﺎ ﻬ ْ ﻬﺎ ذ ﻚ ؟ ) ا ْ ﻮاب‬
‫ﺮ ْ ﺘﻬﺎ ﺎﺹﺔ و ﻲ ا ﺼﻴْﺮ ﻴﺔ ﺎ یﻜﻮن‬ ‫ﺎ ﺮ ْ ﻲ و ﺎ یﺘﺄ‬ ‫اْ ﺆ‬
‫ﺎ ﺘﻰ ﺕ ْ ﻀﻲ ا ْ ﺪة ﺵﺮْح ا ﺘ ْﻮیﺮ و ْﺜ ﻲ ا ْ ْﺮ و ﺎل ﻲ ا ْ ﺎوي‬‫ﺎ‬
‫ﺎ ﺘﻰ ﺕ ْ ﻀﻲ ا ْ ﺪة و أ ﺬ‬‫ﺎ ﺎ یﺼﻴﺮ ا ْ ﻬْﺮ ﺎ‬‫ا ﺰاهﺪي و ْﻮ ﻬﺎ ر ْ ﻴ‬
. ‫ﺎ ﺔ ا ْ ﺸﺎی ا هـ‬
(He was asked) about a man who divorced his pregnant
wife. He gave her a single raj’ī (revocable) divorce, and still
owed her the deferred amount of her dowry. She wishes
to have it from him at the end of her iddāh. Does she have
the right to demand this? (Answer): Yes, a deferred dowry
becomes due earlier because of the raj’ī (revocable)
divorce. It subsequently no longer remains deferred if the
husband has made raj’ah (taken her back into his
marriage) – Khulāsah. In Sairafīyah it is stated that the
(dowry) does not become immediately payable on demand
until the end of the iddāh – Sharh al-Tanwir. The same is
mentioned in al-Bahr. It is mentioned in Al-Hāwī al-Zāhidī:
if he divorced her in a revocable way, the dowry does not
become immediately due until the end of the iddāh. This
was the view adopted by the majority of the Mashā’ikh
(senior jurists of the Hanafī school)
A union of erudite scholarship and Ignorance
(10 /1) ‫ﺪ ﻦ ا ﻦ‬ ‫ روایﺔ‬- ‫ا ﻮ ﺄ‬
‫ﻲ ﻲ ﺾ‬ ‫ﺪ ﺎل اﻹ ﺎم أ ﻮ ﺎ ﺪ ا ﺰا ﻲ وﺕ اﻹ ﺎم ا ﻦ ﺪا ﺔ ا‬
‫ " ا ﺘﺼ ﻰ " و " روﺽﺔ ا ﺎ ﺮ " ﺎ‬: ‫ﺎ ﺚ اﻹ ﺎع ﻲ آﺘﺎ ﻴﻬ ﺎ‬
‫ﺮ‬ ‫ﺎ ﻲ ﻲ‬ ‫ آ ﻦ ﺎ إ ﺎم ﻲ‬: ‫ﺎ‬
Imam Abu Hāmid al-Ghazāli said – and he was followed by
Imam ibn Qudāmah al-Hambalī in certain discussions on
ijmā (consensus of juristic opinion)
A revocable or irrevocable divorce
(10 /1) ‫ﺪ ﻦ ا ﻦ‬ ‫ روایﺔ‬- ‫ا ﻮ ﺄ‬
‫ ﺪﺙ ﺎ ا ﻦ‬: ‫ﻦ أﺹ ﺎل‬ ‫ ﺪﺙ ﺎ ﺎ‬: ‫ﺪﺙ ﺎ ﺪ ا ﻮارث ﻦ ﻴﺎن ﺎل‬
‫ﻴﺮ ا ﺮأﺕ ﺎ ﺘﺎرت‬ ‫ی ﻴﻰ ﻦ ﻴﻦ وأﻥﺎ ﺎﺽﺮ ﻦ ر‬ : ‫زهﻴﺮ ﺎل‬
‫ اﻥﺘﻬﻰ‬. " ‫ﻦ هﺬا أه ا‬ " : ‫ﻥ ﻬﺎ ؟ ﺎل‬
Yahyā b. Ma’īn was asked, while I was present, about a
man who grated his wife an option (to remain in his
marriage or to be divorced from him), so she opted for her
own person (i.e. to be released from the bonds of
marriage)? He replied: Ask those who have knowledge
about this.
Note:
The questioner might have wanted to know if such a
divorce is revocable or irrevocable in the iddāh period.
Yahyā b. Ma’īn was a great scholar, yet he either:
1. did not know the answer
2. had his own opinion on the answer but did not express
it due to humility, and rather opted that they seek an Page | 3
answer from other jurists (perhaps jurists whose
opinions he considered to be superior to his own).
3. shown great caution in answering edicts
A woman who is menstruating is permitted to bathe a
deceased female
)
(10 /1) ‫ﻦ‬ ‫ﺪ ﻦا‬ ‫ روایﺔ‬- ‫ا ﻮ ﺄ‬
‫ویﺘ‬
" ‫ ( و‬1 : 131 ) ‫ﺎت ا ﺎ ﺔ " ﺎ ا ﻦ ر‬ ‫و ﺎء ﻲ " ذی‬
‫ ( ﻲ ﺕﺮ ﺔ ) ی ﻴﻰ ﻦ ﺪ‬2 : 208 ) ‫ا ﻬ اﻷ ﺪ " ﻴ ﻲ‬
‫ﺎء ی ﻴﻰ ﻦ‬ ‫ ﺎﺕﺖ ا ﺮأة ﺾ أه ا‬: ‫ " ﺎل ﻮران‬: ( ‫اﻷﺹ ﻬﺎﻥﻲ‬
‫ﻴﻦ وا ﺪور ﻲ ی ﺪوا ا ﺮأة ﺕ ﻬﺎ إ ا ﺮأة ﺎ ﻀﺎ ﺎء أ ﺪ ﻦ‬
‫ ﻴ ی ﺪ ﺎ ﺔ إ‬: ‫ ﺎ ﺵﺄﻥﻜ ؟ ﺎل أه ا ﺮأة‬: ‫وهﻮ ﻮس ﺎل‬
‫ أ ﻴ ﺕﺮوون ﻦ ا ﻲ ﺹ ﻰ اﷲ ﻴ و‬: ‫ا ﺮأة ﺎ ﻀﺎ ﺎل أ ﺪ ﻦ‬
‫ إن ﻴﻀﺘﻚ‬: ‫ إﻥﻲ ﺎ ﺾ ﺎل‬: ‫ " یﺎ ﺎ ﺸﺔ ﻥﺎو ﻴ ﻲ ا ﺮة ﺎ ﺖ‬:
‫ اﻥﺘﻬﻰ‬. " ‫ﻮا و ﻮا‬ ‫ﻴ ﺖ ﻲ یﺪك " ی ﻮز أن ﺕ ﻬﺎ‬
Faurān says: The wife of one of the scholars had died.
When Yahyā b. Ma’īn and al-Dauraqī came (to the funeral
location/home) they did not find any woman to bathe her
except a woman that was menstruating (who they did not
accept to bathe the deceased female). Imām Ahmad b.
Hanbal then came and sat. He then asked them: What’s
the matter? The deceased female’s family said: A woman
to bathe is not to be found except a single menstruating
female. Imām Ahmad b. Hanbal then said: Have you not
considered that Nabi Sallallāhu alaihi wa sallam (once)
said: O A’isha give me the mat (from the masjid). She
replied: I am menstruating (thinking that she is not
allowed to hold it). He then said: Your menstruation is not
in your hands. She (the menstruating female) is permitted
to bathe her (the deceased female). They were then
ashamed.
Takhrīj
(186 /1) ‫ﻴﻬ ﻲ و ﻲ ذی ا ﻮهﺮ ا ﻲ‬ ‫ﻦ ا ﻜ ﺮى‬ ‫ا‬
‫ وأ ْ ﺮﻥﺎ أ ﻮ ﻜْﺮ ْﻦ ﻮرك أ ْ ﺮﻥﺎ ْﺪ ا ْﻦ ْ ﺮ ﺪﺙ ﺎ یﻮﻥ ْﻦ‬-916
‫ﻦ ﺙﺎ ﺖ ْﻦ ﻴْﺪ ﻦ ا ْ ﺎ‬ْ ‫ﻴ ﺪﺙ ﺎ أ ﻮ داود ﺪﺙ ﺎ ﺵ ْ ﺔ ﻦ اﻷ ْ ﺶ‬
»: ‫ ﺎل ﻬﺎ‬- ‫ﺹ ﻰ اﷲ ﻴ و‬- ‫ﻦ ﺎ ﺸﺔ أن ر ﻮل ا‬ ْ ‫ﺪ‬ ‫ْﻦ‬
.« ‫ﺖ ﻰ یﺪك‬ ْ ‫» إن ﻴْﻀﺘﻚ ْﻴ‬: ‫ ﺎل‬.‫ إﻥﻰ ﺎ ﺾ‬: ‫ﺖ‬
ْ ‫ ﺎ‬.« ‫ﻥﺎو ﻴ ﻰ ا ْ ْﺮة‬
. ‫ﺎو ْﺘﻬﺎ إیﺎ‬
(186 /1) ‫ﻴﻬ ﻲ و ﻲ ذی ا ﻮهﺮ ا ﻲ‬ ‫ﻦ ا ﻜ ﺮى‬ ‫ا‬
‫ﻰ‬ ‫ وأ ْ ﺮﻥﺎ أ ﻮ ْﺪ ا ا ْ ﺎ أ ْ ﺮﻥﻰ أ ﻮ ا ْﻮ ﻴﺪ ﺪﺙ ﺎ إ ْﺮاهﻴ ْﻦ‬-917
‫ﺪﺙ ﺎ ی ْﻴﻰ ْﻦ ی ْﻴﻰ أ ْ ﺮﻥﺎ أ ﻮ ﺎویﺔ ﻦ اﻷ ْ ﺶ ﺬآﺮ ﺈ ْ ﺎد ﻥ ْﻮ‬
.« ‫» ﻥﺎو ﻴ ﻰ ا ْ ْﺮة ﻦ ا ْ ْ ﺪ‬: ‫إ أﻥ زاد‬
.‫ﻦ ی ْﻴﻰ ْﻦ ی ْﻴﻰ‬
ْ ‫ روا ْ ﻰ ا ﺼ ﻴ‬. ‫و ْ ی ْ ﺎو ْﺘﻬﺎ إیﺎ‬