Azami 6580

Ibn Jarud narrated it in Muntaqa (682) from Muhammad bin Abdullah bin Abdul-Hakam, that Ibn Wahb informed them, he said, Malik bin Anas informed me, from Miswar bin Rifa Qurazi, from Zubayr bin Abdul-Rahman bin Zubayr, from his father, and he mentioned it. This isnad is hasan.Malik narrated it in the chapter on marriage (18) but did not mention "from his father" in it, and that is from the narration of Yahya from him, so it became mursal. Those who connected it by mentioning "his father" are Ibn Wahb, as you have seen, as well as Ibrahim bin Tahman and Abu Ali Hanafi. All three narrated from Malik, and they said in it, Zubayr bin Abdul-Rahman bin Zubayr, from his father.Its isnad is hasan because of Zubayr bin Abdul-Rahman bin Zubayr, for his hadith is hasan. He was one of Malik's teachers among the people of Madinah. Zubayr bin Abdul-Rahman bin Zubayr, with a fatha on the zay according to the correct reading, was from Banu Qurayza, from the people of Madinah, and they were Zubayris. It has also been said that the first Zubayr carries a damma and the second, who is the grandfather, carries a fatha, but the first reading is more correct.Rifa bin Samuwal, though it has also been said, Rifa bin Rifa Qurazi, from Banu Qurayza, was the maternal uncle of Safiyya bint Huyayy bin Akhtab, Mother of the Believers, for his mother was Burra bint Samuwal.After gathering these narrations, the following conclusions emerge from them.1. The woman did not allow him to have intercourse with her, or some impediment befell him, such as illness or something similar.2. The man was not impotent, for if his impotence had been established before the Prophet , he would not have instructed her that each of them should taste the other's honey.3. The woman's statement, as in the Sahihayn, Bukhari (5265) and Muslim (114:1433), "He did not come near me except once," as worded by Bukhari, though Muslim did not mention it. In a narration with Ahmad (25920), it reads "except once" using the word hibah, and hibah refers to the leaps and mounting of the stallion, meaning that he came to her on a single occasion, as Khattabi explained in Ghareeb Hadith (546/1). But the apparent meaning of the marfu hadith contradicts this, because the Prophet said, "Until you taste his honey, and he tastes your honey." For if the man had been able to have intercourse even once, the Prophet would not have instructed her with this command, but would rather have permitted her divorce.So the correct meaning, and Allah Almighty knows best, is that this single occasion did not produce the well-known "honey" sufficient for divorce and return to the first husband. It was as though the man attempted intercourse but experienced a temporary weakness, so the Prophet instructed her to be patient until he tastes her honey and she tastes his. Impotence was denied of him because of the evidence in his saying, "This that you claim, whatever you claim, for by Allah, they resemble each other more closely than one crow resembles another."4. The word for "honey" here is the diminutive of honey, and what is meant by it is the sweetness of intercourse. Perhaps the man ejaculated before completing penetration, so he did not taste his companion's honey, just as she did not taste her companion's honey.5. The practice based on this hadith among the generality of the people of knowledge, from the companions of the Prophet and others, is that the second husband's intercourse does not make the woman lawful for the first husband to return to unless he had an erection during that intercourse. If that were not the case, or if he were impotent, or a child, it would not suffice, according to the more correct of the two opinions among the people of knowledge.6. His saying, "Until you taste his honey..." is a euphemism for intercourse, meaning the insertion of the glans of the man's penis into the woman's vulva, whether he ejaculates or not. The tasting occurs by mere insertion, though its completion only comes with ejaculation.7. In his saying, "Until you taste his honey, and he tastes your honey," there is an indication that the two of them are equal in experiencing the pleasure of intercourse. That is why some scholars said, if he had intercourse with her while she was asleep or unconscious, she would not become lawful for the first husband, because she did not taste the honey, since she did not experience it.8. These hadiths qualify the general meaning of Allah's saying, "until she marries another husband" [Baqarah 2:230], for the mere marriage contract could be described by "until she marries another husband." No scholar held this view except Saeed bin Musayab, who said that the mere marriage contract makes it lawful for her to return to the first husband. But the majority hold that the pleasure of intercourse must occur, whether he ejaculates or not, except Hasan Basri, who stipulated ejaculation.9. His saying, "the fringe of the garment," refers to the edge of the garment, and it is a metaphor for the fact that the man's penis resembled the fringe in its limpness and lack of erection.