in the name of god
the verse in the quraan says:
"whoever does not judge by what Allah has brought down then those are the kafireen 
"
Doe this verse apply to most of you or not ?
lets see ?
do you judge by what Allah has brought down or by your own desires ?
Polygyny is generally
mustahab which means its a
recommended act in general according to the Islamic jurisprudence.
This means god is encouraging it but here most of you are discouraging it !!!!! Why am I so surprised ?
as much as I want to believe that the verse doesn't apply to you I fail because if your judgement was based on what Allah has brought down then you would only
encourage what he encourages and discourage what he discourages....
So currently that you
discourage what Allah
encourages then for sure without a shadow of a doubt the verse applies to you just like it applies to a
communist or a
capitalist who judges government issues opposed to what god has brought down,.,,,
Polygyny is not only mustahab in general but in many cases especially in today's situation it is wajib upon many people who satisfy the criteria either from a promotion point of view or from a need point of view be it the need of the male or the female....
in todays socity where the institution has been totally disabled it is the same as telling god
" sorry you made a mistake allowing and encouraging it you dont know what you are talking about we will teach you"
disabling it caused a world wide corruption beyond the imagination and hence it became
Wajib Kefaei on anyone who has the ability to revive this sunnah under the article of amr bilmarroof which is wajib kefie
( refer to minhaj alsaleheen for abulqasim alkhooie)
The hadeeth says
“Whoever revives an abandoned sunnah receives the reward of a (hundred or a thousand) martyrs”
and the hadeeth that says
" whoever amongst you saw a negative let them change it with thier hand and if they can not then with thier toungue and if they can not then with thier heart and thats the lowest level of emaan"
wajib kefie
"Sufficiency obligation" means it becomes obligatory on you when there is no sufficient people performing it but if sufficient people do it then the obligation ceases....
Examples are
washing the dead,,,
Ijtihad, Eid prayer , etc....
if no one performs them they automatically become
wajib on you....
Fatwas of Scholars who Encourage polygyny:
Al Tabatabaeie (Tafseer Almeezan):
Translation of the text underlines with red:
The Sayed of Alurwah Alwothqa Al Tabatabaie says in the chapter of marriage after mentioning the Recommendation of marriage
" And the Istihbab (Recommendation) is not nullified by the first marriage but includes the polygamy as well" .
Reference: Picture 1
The Islamic Manners and Virtues
by Mohamad Al Ameen Association
First copy 1421 Hijri 2000 Miladi
(this book is quoting Urwat Alwothqa)
Abul Qasim Al Khooie:
Fatwa number 3633: (strongly) there is no difference in the recommendation of marriage between some one who desired it or some one who didnt desire it due to the general nature of the narrations. and because the benefit of it is not limited only to satisfying the desire but it has its benefits including the increase in the generations and the people who say la ilaha illa Allah as its reported from imam baqir that the prophet said: "what stops a faithful from getting a family so that god would give him a breath that will fill the earth with la illaha illa Allah?" ( my translating of the hadeeth is not very accurate)
Fatwa number 3634: The Recommendation doesn't stop at the first marriage but
polygamy is also Mustahab , god said " marry what is desirable for you 2, three and four" alnisaa, 3, and whats apparent from the evidence is that the recommendation is not confined in the permanent and the temporary marriage only but extends even further to include the marriage to the right hand Possessions as well (mulk alyameen).
Fatwa number 3635: The
recommendation is within the act itself regardless of whether the one who does it intends to get closer to Allah by that action or no. Yes in order for it to be a worship and rewarding the intention of getting closer to Allah is compulsory
Reference: Picture 2
Compilations of Al-Khooie's son of his fathers lectures
http://www.alkhoei.n...U32/001-020.htm
Mohamad Al Shahroodi:
Question 1: is marriage mubah (neutral) or Mustahab (recomended) in itself? when does it become wajib (Compulsory)? in the book "Urwat alwothqa" it says that marriage in itself is recomended so is this talking about the first marriage and the permanent one only or it includes polygamy and temporary marriages as well since they used the word marriage generally and didn't specify?
Answer 1: Recommended in itself and it becomes wajib (Compulsory) if the lack of marriage causes the fear of possibly falling into sin and the recommendation
includes the permanent and the temporary and the Polygamy as well
Question 2: Is it permissible for a woman to reject the man just because he wants to marry another wife? for example she divorces him if she already had married or she rejects him if she has not married him yet? and is it her right to make a condition in the marriage contract stating that he can not marry another wife? or is this haraam in the secondary ruling i.e. creating a sunnah that fights against god's law
Answer 2: She cant reject because he wants to marry another wife and she cant put a condition that he can not marry
References: Picture 3
I sent this question and have kept it on email as you see in the image captured from the email screen
Ali Al Sistani:
Question: Two contradictory replies have been received from our office regarding whether polygyny is Mustahab or not. In one reply it was stated that polygyny is Mustahab but in another it was stated that it was not proven whether polygyny is Mustahab or not. Could you clarify this issue? what is the extent of the Istihbab on marriage? Does it Also include the second wife? Is polygyny Mustahab only when the conditions behind it are fulfilled?
Answer: In his name the most high, Marriage in itself is a
Mustahab action and there is no difference between the first or second wife
Refrence: picture 4
Fatwa sent by member Ali Fyst, attached is a picture of the answer with stamps
Ali Al Khamenaei :
Question: What is the general Ruling of polygyny in the shariah law, is it Mubah (neutral), or Jaeez (permissible), or Wajib (Compulsry) or Mustahab (Recomended) ?
Answer: Permissible and
Recommended in itself
Reference: picture 5
Fatwa asked by the member Wilayah , posted on the folowing link
http://www.shiachat.com/forum/index.php?/topic/68240-polygamy-marital-contracts/
Sadeq Al Shirazi:
Question: What is the general Ruling of polygyny in the shariah law, is it Mubah (neutral), or Jaeez (permissible), or Wajib (Compulsry) or Mustahab (Recomended) ?
Answer: Polygyny in itself and in its Primary hukm is
Mustahab (Recomended) in the shariah law
Reference: picture 6
Fatwa asked by the member Wilayah , posted on the folowing link
http://www.shiachat.com/forum/index.php?/topic/68240-polygamy-marital-contracts/
Prophets and infallibles who were reported to have practiced polygamy:
Abrahim
Ismail
Jacob
yousuf
Solomon
David
Muses
Mohamad
Imams:
Ali
Hasan
husain
sajad
baqir
sadiq
kazim
reda
taqi
naqi
askari
Imam Ali's polygyny:
Imam Ali is reported in
Tabaqat Ibn Sa3d (Sunnie Historian) to have
33 children 19 females and 14 males He is also known to have had
25 Wives.
9 of them we know their names and from number
10 to
25 we don’t know their names for some unknown reason!!!!
There are conflicting reports so do not quote everything I paste here but this is one of the famous reports about the names of his wives:
Imam Ali’s Wives and children:
1) Fatima Alzahraa
(Hasan, Husain, Muhsen, Zainab alkubra, Um kulthoom alkubra, Zainab alsughra)
2) Emamah bint Aby al-3ass
(mohamd alawsat)
3) Khawla bint jafaar alhanafiah
(Mohamad Alakbar)
4) Fatima Bint Hizam alkilaabyah or Ummulbaneen
(Abbas, Abdullah, Uthman, Jaffar)
5) Laila Altamymyah
(Ubaidullah, Abu bakr, Mohamad alasghar)
6) Um habib Altaghlubyah
(Umar alatraf , Ruqayah alkubra)
7) Asmaa Bin Umais al Khath3amyah
(Yahya, Aown)
8) Um Sa3eed Bint Orwah
(Ummulhasan, Ramlah alkubra, Um kalthoom)
9) Mahyat bint Emree Alqais Alkalbyah
(Small daughter that died early)
10) Wife 10
(Mohamad Alasghar)
11) Wife 11
(Umar alasghar)
12) Wife 12
(Zainab alSughra)
13) Wife 13
(Um kalthoom Alsughra)
14) Wife 14
(Nafeesa)
15) Wife 15
(Ruqayah alsughra)
16) Wife 16
(Um Hani)
17) Wife 17
(Fatima)
18) Wife 18
(ummulkiram)
19) Wife 19
(Um jafar, Jumanah)
20) Wife 20
(Um Salamah)
21) Wife 21
(Maymoonah)
22) Wife 22
(Khadeejah)
23) Wife 23
(Emamah)
24) Wife 24
(Ramlah alSughra)
25) Wife 25
(Umme Abeeha)
When does polygyny become wajib:
visit this one:
http://www.shiachat....t/page__st__150
Amr Bilma3roof and nahi an almunkar (enjoining good and forbidding evil) is wajib kefie (sufficiency obligation)
Wajib kefie means that it becomes wajib on you if the people abandoned it and didn’t do it.
Ref : Minhaj alsaleheen
Ref: Fadhallah
There are three ways of doing amr bilmaroof and nahi an almunkar as prescribed by the prophet in the hadeeth:
1) Hand
2) Tougue
3) Heart
Whoever amongst you saw an evil let him change it by his hand and if he can not then by his tongue and if he can not then by his heart and that’s the lowest level of faith.
Now disabling a law that god almighty has legalized with his infinite wisdom is an evil culture and must be combated. And as you know our societies have disabled multiple marriage and as a direct result thousands of haraam doors were opened up as imam Ali said:
Every time one door of Hallal is closed a thousand doors of haraam are opened up
So it’s a duty on us to combat this change of god’s law and other changes. This duty is compulsory as a
wajib kefie because it is classified under the category of Enjoining good and forbidding Evil in which people are failing to do. People are not doing it as you admitted about your own village and we witness in the socity.
Now the method in which you do amr bilmaroof whether
by hand ( to actually practice it)
or by tongue ( to support it and campaign for it)
or by heart ( to disagree with the negativity associated with it and indirectly support it)
this matter is some thing that will depend on the person and his ability and situation, but its wajib to do at least one of the above if others are not doing it and the choice of rejecting in your heart is only applicable where there is fear from death or great harm.
The hand and tongue are the best ways and that means practicing and campaigning for it as prophet Mohamad and David did in the cases of marriage to the widows.
Obviously the best way is 1 then 2 then 3 respectively as the hadeeth states.
Because the society has abandoned the Amr Bilmaroof regarding this issue then it’s a
Wajib kefie to Do
Amr Bilmaroof and Nahi an Almunkar in this issue.
Just like ijtihad. Lets say you lived in an island that’s disconnected from the world and no one goes forward to do ijtihad then it automatically becomes
wajib kefie on you to go forward and do ijtihad to derive the rules. If some one else did it in that island then its not wajib on you because it’s a
wajib kefie meaning it will suffice if others did it but will turn to an obligation when others abandon it .
So there is no argument that it is wajib at this stage on every Muslim to support all the abandoned sunnahs of the prophet and ahlulbait if they truly are honnest and truly live up to their claim of supporting the lifestyle of ahlulbait. But unfortunately :
people are the slaves of this world and the religion is just words o their tongues
If the practice was not abandoned then it wouldn’t have been wajib on us to support or campaign for it but as you see today the whole world disabled god’s law and hence are drowning in the self inflicted corruptions that resulted so it is in particular case wajib to support the abandoned law of god. ( I mean obviously god did not legalize it for it to become prohibited or to stay just as ink on paper)
How you would perform the amr bilmaroof is another story and is dependent on the situation.
I have decided to do it by the action and words because there is nothing that threatens my life if I did it. Only that people will hurt me and isolate me and they did for many years and am happy with that.
Also if I claim to support a law but when it comes to action and I face the ideal situation for the application of that law then I reject it???? it would mean that I am being a hypocrite because Allah said in the quraan :
Oh you who belive why do you say what you don’t do, it’s a big crime in the sight of Allah to say what you don’t do
Il give an example of that:
I cant be some one who would by day and night be supporting temporary marriage by the tongue but when I get into the ideal situation for its application I refrain !!!! For example I stay in what they call
“an engagement” without any marriage contract for long time incurring all sorts of sins and still decide not to apply it!!!!
or accept some thing for everyone bu reject it for my own daughter !!!
this is hypocrisy.
prohibition of the tayybat under the Myth of the Impossible equality:
when Allah legalizes polygyny he uses the word " Tayybat" " ma taba lakum"
انكحوا ما طاب لكم
and in another verse he warns against the prohibition of the "Taybaat"
قل من حرم زينه الله التي اخرج لعباده و الطيبات من الرزق؟
the verse says
" say who prohibited the taybaat etc"...
The Equality between the wives:
Am sure others can post threads for you that addressed the issue of equality between the wives otherwise i advice you to read tafseer al meezan for that verse.
your equating of the two versus in which one says equality is required and the other saying equality is impossible to come to the conclusion that polygyny is haraam because equality is un-achievable!!!
your ignoring that this would imply a contradiction in the quraan if both those equalities refered to in both versus are the same equalities.
This question was asked from the imam and the imam has said that the equality in the first verse is the materialistic equality which is required but the equality in the second verse is the equality of love which is not required.
Your also ignoring that the second verse is actually not advising against polygyny but it says
" Do it but do not divert fully to a level where you leave ONE OF THEM hanging"
the second verse is saying to marry more than one wife even if equality is not achieved and this is a proof that your contention is wrong
If you read tafsseer al meezan youll understand it.
Invalid monogomy conditions:
In Wasa'il ash-Shi`a in the book of marriage, chapters on the muhur (pl. mahr) there is a chapter that talks about this sort of conditions as invalid conditions:
this is the title of the chapter:
Quote
20 ـ باب أن من شرط لزوجته أن لا يتزوج عليها ولا يتسرى ولا يطلقها لم يلزم الشرط وإن جعل ذلك مهرها ، وكذا لو شرطت له أن لا تتزوج بعده ، ولو حلف أو نذر كل منهما ذلك لم ينعقد
20 – Chapter on that one who makes a condition for his spouse that he will not marry (another woman) upon her, and to not take a concubine, and to not divorce her, the condition does not adhere (that is, it is not binding or obligatory) even if he made that her mahr. And likewise if she made a condition of him that she not marry after him, even if each of them swore or made a nadhr to that, it is not confirmed (or, performed).
and here are some of the hadeeths mentioned in this chapter:
Quote
[ 27078 ] 1 ـ محمد بن يعقوب ، عن محمد بن يحيى ، عن أحمد بن محمد ، عن علي بن الحكم ، عن عبدالله الكاهلي ، عن حمادة بنت الحسن أخت أبي عبيدة الحذاء قالت : سألت أبا عبدالله ( عليه السلام ) عن رجل تزوج امرأة وشرط لها أن لا يتزوج عليها ورضيت أن ذلك مهرها ؟ قالت : فقال أبو عبدالله ( عليه السلام ) : هذا شرط فاسد ، لا يكون النكاح إلا على درهم أو درهمين .
ورواه الشيخ بإسناده ، عن الحسين بن سعيد ، عن القاسم بن محمد ، عن الكاهلي ، مثله .
1 – Muhammad b. Ya`qub from Muhammad b. Yahya from Ahmad b. Muhammad from `Ali b. al-Hakam from `Abdullah al-Kahili from Hammada bint al-Hasan – the sister of Abu `Ubayda al-Hadha. She said: I asked Abu `Abdillah ( عليه السلام ) about a man who marries a woman and makes a condition for her that he will not marry (another woman) upon her (meaning, marry another woman while he is married to her), and she be pleased with that as her mahr? She said: So Abu `Abdillah ( عليه السلام ) said: That condition (shart, stipulation) is corrupt (fasid). Marriage is not but upon a dirham or two dirhams.
The Shaykh (Tusi) narrated it by his isnad from al-Husayn b. Sa`id from al-Qasim b. Muhammad from al-Kahili its like.
Quote
[ 27079 ] 2 ـ وعنه ، عن أحمد ، عن علي بن الحكم ، عن موسى بن بكر ، عن زرارة ، ان ضريسا كانت تحته بنت حمران فجعل لها أن لا يتزوج عليها ولا يتسرى أبدا في حياتها ولا بعد موتها ، على أن جعلت له هي أن لا تتزوج بعده أبدا ، وجعلا عليهما من الهدي والحج والبدن وكل مال لهما في المساكين إن لم يف كل واحد منهما لصاحبه ، ثم إنه أتى أبا عبدالله ( عليه السلام ) فذكر ذلك له فقال : إن لابنة حمران لحقا ، ولن يحملنا ذلك على أن لا نقول لك الحق ، اذهب فتزوج وتسر فإن ذلك ليس بشيء ، وليس شيء عليك ولا عليها ، وليس ذلك الذي صنعتما بشيء ، فجاء فتسرى وولد له بعد ذلك أولاد .
ورواه الصدوق بإسناده عن موسى بن بكر ، نحوه .
2 – And from him from Ahmad from `Ali b. al-Hakam from Musa b. Bakr from Zurara that Daris, under him (i.e. married to him) was the daughter of Hamran. So he put for her that he would not marry (another woman) upon her, and never take a concubine during her life and not after her death, upon (the condition) that she put for him that she never marry (again) after him, and they put upon them(selves) (that they would give) from the hadi, and the hajj, and the badan, and all the property they have to the needy if each one of them did not fulfill (the agreement) with the their companion. Then he came to Abu `Abdillah ( عليه السلام ) and mentioned that to him. So he said: Verily the daughter of Hamran has a right, and that would not bear us that we not say to you the truth (trans. note: I'm unclear what the preceding exp
ression means). Go and marry and take a concubine, for that is nothing and there is nothing upon you nor upon her. And that which you (two) made is nothing. So he went and took a concubine, and there were children born to him after that.
Quote
[ 27081 ] 4 ـ وعنه ، عن أيوب بن نوح ، عن صفوان بن يحيى ، عن منصور بزرج ، عن عبد صالح ( عليه السلام ) ، قال : قلت له : إن رجلا من مواليك تزوج امرأة ثم طلقها فبانت منه فأراد أن يراجعها فأبت عليه إلا أن يجعل لله عليه أن لا يطلقها ولا يتزوج عليها ، فأعطاها ذلك ، ثم بدا له في التزويج بعد ذلك ، فكيف يصنع ؟ فقال : بئس ماصنع ، وما كان يدريه ما يقع في قلبه بالليل والنهار ، قل له : فليف للمرأة بشرطها ، فإن رسول الله ( صلى الله عليه وآله ) قال : المؤمنون عند شروطهم .
ورواه الكليني عن محمد بن يحيى ، عن محمد بن الحسين ، عن محمد بن إسماعيل بن بزيع ، عن منصور بزرج ، نحوه .
أقول : حمله الشيخ على الاستحباب والتقية .
4 – And from him from Ayyub b. Nuh from Safwan b. Yahya from Mansur Buzurj from a righteous servant ( عليه السلام ). He said: I said to him: A man from your mawali married a woman then he divorced her and she was separated from him. So he wanted to return to her but she refused him unless he put for Allah upon him(self) that he would not divorce her and not marry (another woman) upon her. So he gave her that, then it appeared (seemly) to him regarding marriage (to someone else) after that, so how is he to act? So he said: (How) wretchedly he has done! And what would have let him know what would occur in his heart by night and by day? Say to him: So he is to fulfill her condition for the woman, for verily the Messenger of Allah ( صلى الله عليه وآله ) said: The believers are with their conditions.
And al-Kulayni narrated it from Muhammad b. Yahya from Muhammad b. al-Husayn from Muhammad b. Isma`il b. Bazi` from Mansur Buzurj likewise.
I (Shaykh Hurr al-`Amuli) say: The Shaykh (Tusi) interpreted it (to be of the status of) recommendation (al-istihbab) or (that it was said under) taqiyya.
Quote
[ 27082 ] 5 ـ وعنه ، عن أيوب بن نوح ، عن صفوان بن يحيى ، عن منصور بن حازم ، عن أبي عبدالله ( عليه السلام ) قال : سألته عن امرأة حلفت لزوجها بالعتاق والهدي إن هو مات لا تزوج * بعده أبدا ثم بدا لها أن تتزوج ؟ قال : تبيع مملوكتها ** فإني أخاف عليها السلطان ، وليس عليها في الحق شيء ، فإن شاءت أن تهدى هديا فعلت .
في المصدر : لا تتزوج *
** في المصدر : مملوكها .
5 – And from him from Ayyub b. Nuh from Safwan b. Yahya from Mansur b. Hazim from Abu `Abdillah ( عليه السلام ). He said: I asked him about a woman who swore for her husband by manumission and the hadi (meaning, that she would free a slave and give a hadi if she didn't fulfill her promise) that should he die she would not ever be given in marriage* after him, then it appears (seemly) to her that she should marry? He said: She sells her female slave**, for verily I fear for her the sultan, and there is nothing upon her in (terms of) the haqq (i.e. the hadi). So if she wants to give a hadi, she does (so).
* in the source text: she not marry (or, she not get married)
** in the source text: her slave
Quote
[ 27083 ] 6 ـ العياشي في ( تفسيره ) : عن ابن مسلم ، عن أبي جعفر ( عليه السلام ) قال : قضى أمير المؤمنين ( عليه السلام ) في امرأة تزوجها رجل وشرط عليها وعلى أهلها إن تزوج عليها امرأة أو هجرها أو أتى عليها سرية فإنها طالق ، فقال : شرط الله قبل شرطكم ، إن شاء وفى بشرطه ، وإن شاء أمسك امرأته ونكح عليها وتسرى عليها وهجرها إن أتت بسبيل ذلك ، قال الله تعالى في كتابه : ( فانكحوا ما طاب لكم من النساء مثنى وثلث ورباع ) وقال : ( أحل لكم ما ملكت أيمانكم ) وقال : ( واللاتي تخافون نشوزهن ) الآية .
6 – For `Ayyashi in his Tafsir: From Ibn Muslim from Abu Ja`far ( عليه السلام ). He said: Amir al-Mu'mineen ( عليه السلام ) ruled in regards to a woman who a man married and put a condition upon her and upon her family that if he marry (another) woman upon her or emigrate her or come upon her (with) a concubine, then she is divorced. So he said: The condition of Allah is prior to your condition. If he wants, he fulfills in his condition and if he wants he withholds it from his wife and marries (another) upon her and take a concubine upon her and emigrates her if she comes by way of that (?). Allah ta`ala said in His book “marry what seems good to you of women, by twos, or threes, or fours” And He said “permitted for you is what you right hand possesses” And He said “and those whose recalcitrance you fear” (to the rest of) the ayat.
reference
http://www.tashayyu....rriage-contract
Edited by alimohamad40, 26 April 2012 - 06:56 AM.
-
-
0
OneNoteSong, on 24 April 2012 - 10:46 PM, said:
also said that had Umer (l) not abandoned the timed marriage (mutah), there won't be any zina (fornication and adultery) among Muslims.
