Question # 526: Assalamu alaikum, Let’s say if the wife made a contract before marriage for the potential spouse to not marry a 2nd wife does that mean he also cannot have a slave woman who he can have intimacy with? Or does it mean he still can? I mean if the rules of jihaad ( the war against enemies of Allah ) was still applicable for example, and if the wife stipulated in her marriage contract the husband doesn’t acquire any slave woman, and if the husband accepted it, would he be sinful to acquire another slave woman after winning the war?

bismi-llahi r-raḥmani r-raḥīm,

Assalamu ‘laikum warahmatullahi wabarakatuh,

All praise and thanks are due to Allah (سبحانه و تعالى), and peace and blessings be upon His Messenger (صلى الله عليه و سلم).

Dear questioner,

First of all, we implore Allah (سبحانه و تعالى) to help us serve His cause and render our work for His sake.

Shorter Answer: Asking a question on the ruling of intimacy with slave women at this time has no basis because the issue of slavery no longer exists. So, we should not waste our time investigating such matters. The Prophet (صلى الله عليه و سلم) disliked being asked (hypothetical) questions and disapproved of it. He (صلى الله عليه و سلم) said, “An aspect of the perfection of one’s Islam is his keeping away from that which does not concern him.” Also, the early Muslim scholars disliked being asked hypothetical questions about things that have not taken place, and they emphasized forbiddance in this regard. Al-Awzaa’i said, “If Allah wishes to deprive someone of the blessing of knowledge, he makes him engage in unsound arguments; and indeed, I have seen that such people are the least knowledgeable.”

In summary, the scholars have discouraged asking about the following:

  • Useless questions that are not beneficial for your dunya or akhirah;
  • Hypothetical questions which may possibly never take place;
  • Questions that lead to doubts, confusion, and unwanted chaos in the community; and
  • Questions just for fun and ridicule.

Long Answer: It is obvious that the subject matter of this question is of no real benefit; slavery does not exist today, for reasons that we all know. So, time should not be wasted in investigating this matter. Rather, we should confine ourselves to asking about matters that necessitate action, so that we can prepare for the Yawm al-Qiyamah, when we all will be answerable to Allah (سبحانه و تعالى) for our deeds in this life.

The Prophet (صلى الله عليه و سلم) disliked being asked (hypothetical) questions and disapproved of it. Following are some of the ahadith from the Sunnah:

  • Abu Hurairah (رضي الله عنه) narrated that the Prophet (صلى الله عليه و سلم) said: “Leave me with what I have left to you, for those who were before you were destroyed because of excessive questioning, and their opposition to their Prophets. So, when I command you to do anything, do it as much as it lies in your power and when I forbid you to do anything, then abandon it.” (Sahih al-Bukhari and Sahih Muslim and the wordings are from Sahih Muslim)
  • Narrated Sahl ibn Sa`d (رضي الله عنه) said that the Prophet (صلى الله عليه و سلم) disliked being asked (hypothetical) questions and disapproved of it. (Sahih al-Bukhari and Sahih Muslim)
  • Narrated al-Mugheerah (رضي الله عنه) that the Prophet (صلى الله عليه و سلم) said: “Allah disliked that you…ask too many questions (in religion)…” (Sahih al-Bukhari and Sahih Muslim)
  • Abu Hurayrah (رضي الله عنه) narrated that the Prophet (صلى الله عليه و سلم) said, “Allah disliked for you idle talk and asking too many questions (about matters that yield no benefit).” (Al-Bukhari and Muslim) Ibn Hajar said, “This hadith is provided as evidence about the prohibition of asking too many questions (without any benefit, while exaggerating in asking).”
  • `Aamir bin Sa`d reported on the authority of his father that Allah’s Messenger (صلى الله عليه و سلم) said: “The greatest sinner amongst the Muslims is the one who asked about a thing (from Allah’s Apostle) which had not been forbidden for the Muslims and it was forbidden for them because of his persistently asking about it.” (Sahih al-Bukhari and Sahih Muslim)
  • `Amr bin Murrah said that `Umar (Ibn al-Khattab) (رضي الله عنه) said to the people: “I forbid you from asking questions about the things which did not take place, for we should busy ourselves with what already took place.”
  • On the authority of Nafi` that Ibn `Umar (رضي الله عنه) said: “Do not ask about that which did not take place, for verily I heard `Umar cursing the one who asked about the thing which did not happen.”
  • On the authority of Khaarijah bin Zaid that whenever someone asked Zaid bin Thaabit (رضي الله عنه) a question he would ask: “Did it already happen?” if the answer was in negative, he would say: “Leave it till it actually takes place.”
  • On the authority of al-Zuhree that it reached him that whenever someone asked Zaid bin Thaabit (رضي الله عنه) a question he would ask: “Did it already happen?” if the answer was ‘yes’, he would narrate according to the knowledge he had. But if the answer was ‘no’, he would say: “Leave it till it actually takes place.”
  • On the authority of Masrooq that he asked a question from Ubai bin Ka`b (رضي الله عنه). Ubai replied: “Did it take place?” I said: ‘No.” He said: “Leave us till it actually takes place. So, when it does happen we would give our verdict to you.”

(al-Faqeeh wal-Mutafaqqih of al-Khateeb al-Baghdaadee)

Also, the early Muslim scholars held that it is disliked to ask hypothetical questions about things that have not taken place, and they emphasized forbiddance in this regard.

Al-Baghawi said in Sharh As-Sunnah: “Questions are of two kinds:

  1. What is for learning (studying) the necessary matters of religion; this is permissible; rather, this is ordained, as Allah (سبحانه و تعالى) says in the Qur’an: “So ask the people of the message if you do not know.” (Soorah Al-Nahl, 16:43) The questions of the Companions (رضي الله عنهم) came in this context, about the spoils of war and about the inheritance of a person who neither has ascendants nor descendants as heirs and other questions.
  2. Questions in the context of exaggeration and overburdening oneself without any benefit; this is what is meant in the hadith – and Allah knows best – this is supported by the deterrence and rebuke that is mentioned in the hadith; in addition to the fact that the Salaf (righteous predecessors) dispraised it.”

As-Saffaareeni wrote: “Al-Bayhaqi said in his book Al-Madkhal that the early scholars held that it is disliked to ask about a matter that has not taken place unless it was addressed in the Qur’an or Sunnah. It is allowable for a scholar to practice Ijtihad (independent reasoning) if there is a necessity, and there is no necessity if the matter has not taken place. Also, the scholar’s view may differ when it does take place due to the change in circumstances and context. The Prophet (صلى الله عليه و سلم) said, ‘An aspect of the perfection of one’s Islam is his keeping away from that which does not concern him.’ Moreover, Taawoos narrated that ʻUmar (رضي الله عنه) said, ‘It is not lawful for you to ask about what has not happened…'” (Ghithaa’ Al-Albaab)

Ibn Muflih wrote: “Chapter: It is disliked to ask about hypothesized matters, things that do not lead to doing deeds, and future events that have not taken place yet … (He cited some reports on the authority of Imam Ahmad in this regard in this chapter) … Al-Marwazi reported that Imam Ahmad was once asked whether Gog and Magog are Muslims. He replied, ‘Have you acquired all the knowledge you need so that you ask about this?’ Ahmad ibn Asram narrated that Imam Ahmad was once asked about the Liʻan (oath of condemnation). He replied, ‘May Allah have mercy on you; ask about the matters that concern you only.'” (Al-Aadaab Ash-Sharʻiyyah)

Al-Awzaa’i said, ‘If Allah wishes to deprive someone of the blessing of knowledge, he makes him engage in unsound arguments; and indeed, I have seen that such people are the least knowledgeable.’” (Sharh As-Sunnah)

In summary, the scholars have discouraged asking about the following:

  • Useless questions that are not beneficial for your dunya or akhirah;
  • Hypothetical questions which may possibly never take place;
  • Questions that lead to doubts, confusion, and unwanted chaos in the community; and
  • Questions just for fun and ridicule.

(The above reply is based on various answers on similar topics provided by:

  • Islamweb.net, a website belonging to the Ministry of Awqaf and Islamic Affairs in the State of Qatar;
  • Islamqa.info; and
  • path-to-the-salaf.tumblr.com)

Allahu A’lam (Allah (سبحانه و تعالى) knows best) and all Perfections belong to Allah, and all mistakes belong to me alone. May Allah (سبحانه و تعالى) forgive me, Ameen.

Wassalaam