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The Concise Manual of Marriage

Shaykh Muhammad Ibn Saalih al-’Uthaymeen [d. 1421]

Including Commentary from other Scholars of

Ahlus-Sunnah wal-Jama’aah – Past and Present

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All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form, or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, without prior permission from the publisher.

First Edition: Safar 1426 | October 2005

Second Edition: Shawwaal 1433 | September 2012

E-Book Edition: March 2013

ISBN: 978-1-927012-18-5 | Printed in Hong Kong

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Table Of Contents

Translator’s Foreword

Introduction from Shaykh Muhammad Ibn Saalih al-’Uthaymeen’s Lecture

The Linguistic and Technical Meaning of Nikaah (Marriage)

The Hukm (Legal Ruling) of Nikaah

Conditions of Marriage

1. Satisfaction or pleasure of the two mates

2. The Walee (Guardian)

The Description of the Woman Who Is Sought for Marriage

Actual Beauty

Abstract Beauty

Women Who You Are Forbidden to Marry

Women Who You Are Permanently Forbidden to Marry

A) Forbidden Due to Lineage

B) Forbidden Due to Suckling (and they are similar to those forbidden due to lineage)

C) Forbidden Due to Marriage

Women Who Are Temporarily Forbidden for You to Marry

The Permissibility of Plural Marriage

The Benefits of Multiple Marriages and the Wisdom in Limiting Them (to four)

The Wisdom of Marriage

Obligations Resulting from Marriage

1) The Obligation of the Mahr (Dower)

2) Maintenance

3) Connecting Relations between the Husband, Wife and their Relatives

4) Al-Mahramiyyah

5) Inheritance

The Legal Ruling of Talaaq (Divorce) and What Must Be Adhered to Concerning It

1) He Cannot Divorce Her while She Is Menstruating

2) That He Does Not Divorce Her in the Month That He Was Sexually Active with Her Except That Pregnancy Has Been Absolutely Verified

3) That He Does Not Divorce Her More than Once in the Same Sitting

Obligations Resulting from Divorce

1) Requirement of the ‘Iddah (Waiting Period) if the Husband Has Consummated the Marriage with His Wife or Been Alone with Her

2) The Wife Is Prohibited for the Husband if He Has Pronounced Divorce Twice Prior to That Divorce

Questions and Answers from the Scholars of Ahlus-Sunnah, Both Past and Present on the Topic of Marriage

A Gentle Reminder for the Newly Weds

A Gentle Reminder for the Groom

A Gentle Reminder for the Bride

Obligations Shared by Both the Husband and Wife

Quiz Answer Key

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Translator’s Foreward

After reviewing this booklet, a transcription of a lecture given by our father, our elder and teacher, Abu ‘Abdur-Rahmaan, Shaykh Muhammad Ibn Saalih Al-’Uthaymeen1 (rahimahullaahu ta’aalaa), I decided to translate it into the English language for the benefit of English readers worldwide, elaborating upon those issues that were not explained by the Shaykh in his lecture. I have added many comments and explanations from the scholars of this ummah - past and present - as footnotes. To the best of my knowledge - and Allaah knows best and He is the Most High - it is the first concise manual in the English language from a major scholar of ahlus-sunnah wal-jamaa’ah on the subject of the ahkaam (legal rulings) of marriage.

A short quiz has been added after each section so that the reader may test his knowledge of that which he or she has read.

May Allaah allow me to see His Noble Face through this effort, place it on my scale of good deeds and benefit the English speaking Muslims who are in dire need of knowing the principles and legal rulings of marriage…Aarneen!

Dawud Adib, the son of David C. White Sr.

(1st December 2004, Philadelphia, USA)

1 Abu ‘Abdullaah Muhammad Ibn Saalih Ibn Muhammad Ibn ‘Uthaymeen at-Tameemee an-Najdee. He was born in the city of Unayzah, Qaseem Region (Saudi Arabia) on the 27th of Ramadhaan 1347H/1926 C.E. to a famous religious family.

He received his education from many prominent scholars like Shaykh ‘Abdur-Rahmaan as-Sa’dee (d. 1376H), Shaykh Muhammad Ameen ash-Shanqeetee (d. 1393H) and Shaykh ‘Abdul-’Azeez Ibn Baaz (d. 1420H).

As a teacher, many students from inside and outside Saudi Arabia benefited from him. He had a unique style of interpretation and explanation of religious points. Shaykh Ibn ‘Uthaymeen was from among those scholars who served Islaam without religious prejudice and who kept themselves away from the limitations of blind-following. He was distinguished in his great exertion of effort in religious matters and analogical deductions which clearly prove the religious understanding he possessed, and the correct usage of the principles of the religion that he adopted.

In giving religious verdicts, like Shaykh Ibn Baaz, his fataawaa (rulings) were based on evidence from the Qur’aan and Sunnah with about fifty compilations to his credit. He taught Religious Fundamentals at the Sharee’ah Faculty of Imaam Muhammad Ibn Saud Islamic University, Qaseem Branch. He was also a member of the Council of Senior Scholars of the Kingdom, and the Imaam and Khateeb of the grand mosque in Unayzah.

The Shaykh passed away on Wednesday the 15th of Shawwaal 1421H / 10th of January 2001 C.E. He was 74 years of age. May Allaah (subhaanahu wa ta’aala) have mercy upon his soul, aameen.

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Introduction from Shaykh Muhammad Ibn Saalih al-’Uthaymeen’s Lecture

All praise and thanks are due to Allaah, we seek His help and we seek His forgiveness and we turn in repentance to Him. We seek refuge with Him from the evil of our souls and the evil of our actions. Whomsoever Allaah guides then none can misguide him, and whosoever Allaah leaves to stray then none can guide him. I bear witness that there is none worthy of worship except Allaah, the One who has no partner and I bear witness that Muhammad (sallallaahu ‘alayhi wa sallam) is his servant and Messenger. May Allaah’s praise and salutations be upon him, his family and his companions.

I am delighted to participate in the educational holiday - with that which is easy for me - by lecturing in the college of Sharee’ah and the Arabic Language in al-Qaseem. This is due to the benefit that I hope to attain, as well as the benefit for those who hear this lecture of mine, or read it, if Allaah the Exalted wills. And I ask Allaah, the Exalted, to make all of our actions purely for His Face and in agreement with His pleasure.

I would like to commence with a few words before entering into the core of the lecture, and this is appropriate - if Allaah wills. As you know - O brothers and scholars - Islaam is being attacked from numerous angles:

[1]: From the angle of afkaar (pl. fikr) ideologies2

[2]: From the angle of akhlaaq (pl. khuluq) manners

[3]: From the angle of ‘aqaa’id (pl. ‘aqeedah) beliefs

So for every strong attack that is launched, it becomes obligatory for there to be an opposing force to confront it. Rather, the opposing force must be at a higher level than the initial attack. When that does not occur, Islaam is annihilated.

So this affair weighs heavily upon the People of Knowledge and the People of the Religion. It is obligatory upon them to strive hard as much as they are able to prevent these currents, which come from every direction, confusing even the most mild-tempered person such that he does not know how to behave.

Indeed, we used to hear many of the enemies of the Muslims saying, “Indeed, it is compulsory for us to concentrate upon the Kingdom of Saudi Arabia, since it is the cradle of Islaam and the qiblah [direction faced for prayer] of the Muslims and their example.”3 Due to this, you find them launching vicious attacks and precise plots, devoting their efforts to waging war against this Kingdom. And if the people of this Kingdom, from amongst the Scholars and the sincere ones, do not shut the door in the faces of their enemies, then fitnah (tribulation), evil and a calamity will result: you will search the lands and find affairs that you strongly oppose.

So that which is obligatory upon us in the presence of these currents - O brothers - is to:

[1]: Unite the da’wah

[2]: Unite the effort

[3]: We must not permit a place amongst us where the enemies can gain a foothold.

However, I say that in reality, all of us are working towards that as if he were by himself. We do not find two - except for whatever Allaah wills - upon a single goal, or in a more correct statement, upon a single path, even if the goal is limited.

Because of this, I hold that it is obligatory upon the Scholars of this Kingdom, whether they be in ar-Riyaad, or in al-Hijaaz, or in al-Qaseem, or in other areas of the Kingdom, to unite upon a single word and to teach the topic with diligence, because it is of great significance as far as I can see. They must teach it thoroughly and completely - not only through the media or the school curricula, or by means that are not from the foundations and subsidiary affairs of the religion.

And we find that many of the students of knowledge are concerned with the worldly affairs - they study it, are concerned with it and rally around it. They turn away from what they have been commissioned with. In reality, this weakens their call to goodness; it also weakens the acceptance of their da’wah by the people, since the ways of the Scholar carry considerable significance in influencing those around him. So, when the common-folk do not find anyone from amongst the people of knowledge, except that he is greedy for the worldly life, just as the rabble from amongst the common people are greedy for the worldly life, then they will never trust the correct guidance and knowledge of the Scholars.

Likewise, O brothers, with regards to the rulers, it is obligatory upon us to advise them. The Prophet (sallallaahu ‘alayhi wa sallam) said, “The religion is sincere advice,” three times. They said, “To whom O Messenger of Allaah?” He said, “To Allaah, His Book, His Messenger and to the leaders of the Muslims and their common-folk.”4 So it is obligatory upon us to advise the rulers. 5 And we must not rely upon one man, or two men, or three or four to advise the rulers. So when the rulers have many advisors, and the truth is made known to them from every direction, and the advice comes to them from every angle, it is inevitable that they will incline towards that and they will traverse the manhaj, outwardly and inwardly - that we ask Allaah the Exalted to grant them the success to follow. It is the manhaj (methodology) of the Prophet (sallallaahu ‘alayhi wa sallam).

Likewise, with regards to the common-folk, regretfully we find that the majority of the Imaams in many of the mosques are ignorant and they do not spread guidance; they do not advise and they do not speak. And the people before this present time of ours, and before the world was opened up for them, even if their Imaam was not from amongst the students of knowledge, he would take some reliable books and read them to those who came for prayer and he would benefit them with those books. As for today, nothing is read in the majority of the mosques, and the Imaam does not direct his community to that which will benefit them. Due to this, you find that many of the common-folk are averse to the issues of the religion. All of this is a shortcoming of the people of knowledge and it is a shortcoming of those who must give importance to this affair. So it is upon us - O brothers - to assemble and unite our efforts, to sincerely advise the rulers and to strive hard in sincerely advising the common-folk of the Muslims in the mosques, the roads and other places as much as we have the means to do so.

There is something else that is very important. It is the separation between the youth and the scholars. This is a separation that has caused the youth to become confused and misguided. The cause for all of this, in reality, is a shortcoming in those who are elder in age and it is because some of them do not pay any attention to the youth at all, to the extent that they do not listen to the youth, even if they speak with guidance. This is an error. So the obligation upon us is that we must be with these youth. We must look into what they are upon, and we must observe whatever is around them that influence them. We must find out: what is the cause of this aversion and why are they disinterested in their religion? We must do this until we know the disease, so that we are able to give out the remedy.

When we hear things that are unbefitting from some of the youth, we turn away from all of them, discarding and treating them with contempt, giving no consideration to their affairs - we do that everywhere. This is a great evil which results in the youth becoming distant from the scholars, the people of knowledge and the religion so much so that the devils easily lead them to whatever they desire.

So it is upon us - O brothers - to be concerned with this significant affair, to be mindful of it and to attach great importance to it.

And it is upon the teachers especially, to give students a religious education and to instil in them a desire for that which the Prophet (sallallaahu ‘alayhi wa sallam) came with from the Book of Allaah the Exalted and the Sunnah of His Messenger (sallallaahu ‘alayhi wa sallam). They must enlighten the students about the religion in its true sense and they must clearly uncover the rulings of the sharee’ah for them, along with explaining the mysteries of the sharee’ah and the wisdom behind them. This is because I hold that the education, not to mention that which is at a collegiate level, has some defects. That is because some of the teachers fear that they will not be able to deliver the lessons adequately: they will fail to satisfactorily explain the proof and wisdom for a ruling on an issue. The reality is, the believer submits to the command of Allaah and His Messenger, regardless of whether he knows the wisdom or not.

Allaah the Exalted said:

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