Ash-Sha’bee related that one day Ka’ab
Ibn Siwaar was sitting in the company of ‘Umar Ibn Al-Khattaab when
a woman came and said: “O leader of the believers, I have never seen
any man who is better than my husband. By Allah, during the night he
stands to pray, and during the day he fasts. Even on hot days he does
not break his fast.” ‘Umar then prayed for her forgiveness, and he
praised her, saying: “It is only befitting that I should praise one such
as you.” The woman then felt shy and so she stood up to leave.
Ka’ab said: “O leader of the believers,
should you not have helped her resolve her problem with her
husband?” ‘Umar said: “And what was her complaint?” Ka’ab said: “She is
making a strong complaint against her husband.” ‘Umar said: “Is that
really what she wanted to convey to me?” Ka’ab said: “Yes.”
So ‘Umar said: “Bring the woman back to
me.” When she returned, ‘Umar said, “It is permitted for you to speak
the truth. Verily this man claims that you are complaining about your
husband, and that your complaint is that he stays away from your bed.”
She said: “Yes. Verily, I am a young woman and I desire what all women desire.”
‘Umar then sent for her husband, and when he came, ‘Umar said to Ka’ab, “Render a judgement in their case.”
Ka’ab said: “The leader of the believers has more of a right to render a judgement in their case.”
‘Umar said: “I insist that you judge
before them, for indeed, you have understood from their affair that
which I was not able to understand.”
Ka’ab said: “Verily, suppose that she had three co-wives and that she was the fourth wife. In that case, she would have had the right to one out of every four nights. Therefore, my judgement is that he may dedicate himself to worship for three days and nights and that every fourth day she has a right over him both during the day and during the night.”
‘Umar said: “By Allah, I am just as
amazed by this judgement of yours as I was by your initial ability to
detect a problem. Go, for you are now the Judge of Basrah.”
[Mawsoo’ah Fiqh ‘Umar Ibn Al-Khattaab, p. 723]
Lessons learned:
1) ‘Umar was such that
anyone could approach him and ask him a question or request a need of
theirs. As busy as he was, he never neglected even the most “minor” of
cases. Likewise he was easily accessible to the general population of
Muslims, as anyone could easily approach him without having to get an
appointment or go through many guards.
2) Women also have
sexual desires as men do. It is not immoral of a woman if she has a
strong urge for intimacy, as this is the way Allah has created her.
Even women form the Salaf had strong desires for intimacy. So it is not
surprising, nor does it contradict piety or shyness if someone has a
wife who has a very strong urge for intimacy.
3)
The woman asked her “embarrassing” question in such a way that she did
not use explicit language, except when it became necessary (after ‘Umar
called her back and asked her again). This shows that there is an
etiquette when asking open questions. If they can be asked in an
indirect way, that is better and more chaste.
4) The woman felt shy
when she new that ‘Umar did not understand her indirect question. And
indeed shyness is a praiseworthy characteristic. And once she asked her
question (which was unanswered as of yet), she immediately got up and
left. Again, this shows the shyness of the women in those days. There
was no extra gossip, no free-mixing, no joking around, nor any irrelevant
talking of any nature. She left the company of strange men as soon as
she finished what she came for (even though she had not received a
solution to her problem). There was no hanging around, or anything of
that sort. Nor did she stay in his company while thinking of another way
to address the issue. If the issue was not given a solution, she left
immediately.
5) She asked ‘Umar the
question in such a way that she did not cause embarrassment to her
husband, nor did she speak ill of him. In fact the question (or
“complaint”) against him was said in a way whereby onlookers only heard
good words about him (e.g., he fasts, prays etc.), so anyone who did not
understand the question would not have any doubts or ill feelings
towards her husband. Her question was put forward without bringing down
the high status of her husband.
6) When Ka’ab told
‘Umar what she meant, he admitted he did not know what the woman was
“complaining” about. This shows his humility, as even though he was the
leader of the believers, he did not fake his piety or knowledge, and
instead admitted his shortcoming of not knowing what she really wanted.
7)
‘Umar called her
back, thus showing he did not see it as an irrelevant issue. Indeed when
a man abstains from being intimate with his wife this can cause
problems to arise in the relationship. It can cause her to think of
Haraam and maybe even fall into Haraam. ‘Umar knew that matters related
to marital relations are not minor matters and hence they need
solutions.
8) When ‘Umar called her back she said “Yes. Verily, I am a young woman and I desire what all women desire.”
And here ‘Umar did not rebuke her, as he knew it was an innate feeling
and it is something that “all women desire.” Also she clarified what her
intent was behind her first visit, but again, she kept her Haya even
when being a bit more open in her question. She still kept her question
half closed and mentioned it in a more open way as compared to before.
9) The narrator does
not mention the woman’s name. All we know that it was “a woman” who came
to ‘Umar Ibn Al-Khattab. The husband’s name is also not disclosed.
Remember this!
10) ‘Umar insisted that
Ka’ab judge between them, who then insisted that ‘Umar judge between
them. Both referring the case to the other. They both insisted that the
other answer the question. Our Salaf did not rush into giving fatwas,
nor were they wishing to be the one who is always referred to.
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