Wednesday, 30 November 2011

Al-Istibra '(Waiting Period For A Woman After Pregnancy), Al-Hadhanah (Right Maintenance)

Al-Istibra
BOOK Marriage

By
Sheikh Abdullah bin Abd al-Azhim Khalafi



Al-Istibra '(Waiting Period For A Woman After Containing)
If there is a man who wanted a slave woman who wants dicampurinya, then he should not be menggaulinya until he istibra. If she is pregnant, then until delivery and if not, then the expiry of one menstruation.

From Ruwaifi 'ibn Thabit that the Prophet sallallaahu' alaihi wa sallam said:

من كان يؤمن بالله واليوم الآخر فلا يسق ماءه ولد غيره.

"Whoever believes in Allah and the Last day, then let him pour the water on the plant to others." [1]

And from Abu Sa'eed that the Prophet sallallaahu 'alaihi wa sallam said about women prisoners Authas:

لا توطأ حامل حتى تضع ولا غير حامل حتى تحيض حيضة.

"It should not be mixed with a pregnant woman until she gave birth and women who are not pregnant to come haidhnya all." [2]

From Ibn 'Umar radi anhuma, he said:

إذا وهبت الوليدة التي توطأ, أو بيعت, أو عتقت, فليستبرأ رحمها بحيضة, ولاتستبرأ العذاراء.

"If a slave woman who had interfered with the gifted, sold or set free, then he should istibra 'with a one-time menstruation, whereas if she was a girl it is not necessary istibra'." [3]

Al-Hadhanah (Right Maintenance)
Ie keep the child and nurture it from everything that harm and pursue what is of benefit to him.

If a husband divorces his wife while she has a son from him, then the wife is more entitled to maintain the child until he was seven years old as long as he is not married to another man. And when it was seven years old, he was told to choose between her father or her mother participated.

From 'Amr ibn Syu'aib radi anhu from his father from his grandfather that there was a woman says:

يا رسول الله إن ابني هذا كان بطني له وعاء وثديي له سقاء وحجري له حواء وإن أباه طلقني وأراد أن ينتزعه مني. فقال لها رسول الله صلى الله عليه وسلم: أنت أحق به ما لم تنكحي.

"O Prophet, verily my son is perutkulah who conceived him, which gave him a drink and susukulah pangkuankulah who protect it. But his father divorced me and wanted to take it from me. "Then the Prophet sallallaahu 'alaihi wa sallam said," You are more entitled to it as long as you are not married. "[4]

From Abu Hurayrah radi anhu that there is a woman who came to the Prophet sallallaahu 'alaihi wa sallam and said:

يارسول الله, إن زوجي يريد أن يذهب بابني وقد سقاني من بئرأبي عنبة وقد نفعني. فقال رسول الله صلى الله عليه وسلم: هذا أبوك وهذه أمك, فخذ بيد أيهما شئت, فأخذ بيد أمه, فانطلقت به.

"O Messenger of Allah, my husband wanted to go to bring my son, but he who brought water from the wells of Abu 'Inabah for me and he was very useful to me." So the Prophet J said,' Oh boy, this is your father and your mother, hold the hands of anyone from those you want. ' Then he held his mother's hand, so he took it away. "[5]

[Copied from the book Al-Sunnah wal Wajiiz FII Fiqhis Kitaabil Aziiz, author Azhim Shaykh ibn Abdul al-Khalafi Badawai, edition of Indonesia Guide Complete Fiqh, Translation Team Tashfiyah LIPIA - Jakarta, Reader Publishers Ibn Kathir, Ramadan First published in 1428 - September 2007M]
_______
Footnote
[1]. Hasan: [Sunan Abi Dawud Shahiih (no. 1890)], Sunan at-Tirmidhi (II / 229, no. 1140), Sunan Abi Dawood (VI/195, no. 2144) in a long hadith.
[2]. Saheeh: [Sunan Abi Dawud Shahiih (no. 1889)], Sunan Abi Dawood (VI/194, no. 2143).
[3]. Saheeh: [Irwaa-ul Ghaliil (no. 2139)], Shahiih al-Bukhari (IV/423) in mu'allaq ..
[4]. Hasan: [Irwaa-ul Ghaliil (no. 2187)], Sunan Abi Dawood (VI/371, no. 2259).
[5]. Saheeh: [Sunan Abi Dawud Shahiih (no. 1992)], Sunan an-Nasa-i (VI/185), Sunan Abi Dawood (VI/371, no. 2260 in al-Qishshah, Sunan at-Tir-midzi (II / 405, no. 1368) briefly.

Istibra

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