(Friday Sermon - February 8, 2019 )
Background and Participation in Battles
Hazrat Aus bin Samit(ra) was another Companion who participated in the Battle of Badr. Hazrat Aus bin Samit(ra) was the brother of Hazrat Abadah bin Samit(ra). Hazrat Aus(ra) participated in the Battle of Badr, Uhud and all other battles alongside the Holy Prophet(sa). The Holy Prophet(sa) established a bond of brotherhood between Hazrat Aus bin Samit(ra) and Hazrat Mursad bin Abi Mursad Al-Ghanawi(ra).
Custom of Zihar
It is stated in narrations that on one occasion, Hazrat Aus(ra) expressed Zihar towards his wife, Khuwalia bint Malik. (Al-Tabaqaat-ul-Kubra, Vol. 3, p. 413, Aus bin Samit(ra), Dar-ul-Kutub Al-Ilmiyyah, Beirut, 1990) (Usdul Ghaba, Vol. 1, p. 323, Aus bin Samit(ra), Dar-ul-Kutub Al-Ilmiyyah, Beirut, 2003)
According to ancient Arab customs, Zihar was when an individual would declare his wife to be like his own mother or sister, as a way of severing marital ties with her. Islam however abolished this custom and has stated that one cannot seek divorce merely through uttering this statement, i.e. by simply declaring one’s wife to be like one’s own mother or sister. This is indeed a deplorable act and as a punishment, Islam has stated that one ought to atone for this error.
Before he could atone for this error, Hazrat Aus(ra) re-established relations with his wife. Upon this, the Holy Prophet(sa) stated that this was unlawful and instructed him to distribute 15 Saa‘ [a unit of measurement equal to approximately 2.75 kg] of barley amongst 60 poor people. In other words, the atonement for such an act is to feed 60 poor people.
Regarding Zihar, the Quranic injunction is as follows; God Almighty says:
اَلَّذِیۡنَ یُظٰہِرُوۡنَ مِنۡکُمۡ مِّنۡ نِّسَآئِہِمۡ مَّا ہُنَّ اُمَّہٰتِہِمۡ ؕ اِنۡ اُمَّہٰتُہُمۡ اِلَّا الّٰٓیِٴۡ وَلَدۡنَہُمۡ ؕ وَ اِنَّہُمۡ لَیَقُوۡلُوۡنَ مُنۡکَرًا مِّنَ الۡقَوۡلِ وَ زُوۡرًا ؕ وَ اِنَّ اللّٰہَ لَعَفُوٌّ غَفُوۡرٌ ۔وَ الَّذِیۡنَ یُظٰہِرُوۡنَ مِنۡ نِّسَآئِہِمۡ ثُمَّ یَعُوۡدُوۡنَ لِمَا قَالُوۡا فَتَحۡرِیۡرُ رَقَبَۃٍ مِّنۡ قَبۡلِ اَنۡ یَّتَمَآسَّا ؕ ذٰلِکُمۡ تُوۡعَظُوۡنَ بِہٖ ؕ وَ اللّٰہُ بِمَا تَعۡمَلُوۡنَ خَبِیۡرٌ۔فَمَنۡ لَّمۡ یَجِدۡ فَصِیَامُ شَہۡرَیۡنِ مُتَتَابِعَیۡنِ مِنۡ قَبۡلِ اَنۡ یَّتَمَآسَّا ۚ فَمَنۡ لَّمۡ یَسۡتَطِعۡ فَاِطۡعَامُ سِتِّیۡنَ مِسۡکِیۡنًا ؕ ذٰلِکَ لِتُؤۡمِنُوۡا بِاللّٰہِ وَ رَسُوۡلِہٖ ؕ وَ تِلۡکَ حُدُوۡدُ اللّٰہِ ؕ وَ لِلۡکٰفِرِیۡنَ عَذَابٌ اَلِیۡمٌ
(Surah al-Mujadilah: V.3-5)
“Those among you who put away their wives by calling them mothers — they do not become their mothers; their mothers are only those who gave them birth; and they certainly utter words that are manifestly evil and untrue; but surely Allah is the Effacer of sins, Most Forgiving. As to those who call their wives mothers, and then would go back on what they have said, the penalty for it is the freeing of a slave before they touch each other.” In those days, there were slaves and therefore the atonement for this was to free a slave. “This is what you are admonished with. And Allah is Well-Aware of what you do. But whoso does not find one” (that is if one does not have the capacity to free a slave), “he must fast for two successive months, before they touch each other. And whoso is not able to do so, should feed sixty poor people. This is so that you may truly believe in Allah and His Messenger. And these are the limits prescribed by Allah; and for the disbelievers is a painful punishment.”
The Promised Messiah(as) has also rendered its translation which is as follows:
“A person who declares his wife to be a mother does not in reality become his mother because his mother can only be the one who gave birth to him. Hence, what they say is completely inappropriate and untrue. However, God Almighty grants pardon and is forgiving. Those who call their wives their mother and seek to return to return to them should first free one slave. This is what God the All-knowing has commanded. If such a person is unable to free a slave, then they should fast for two consecutive months before re-establishing relations with their wife. If they are unable to fast, then they should feed sixty poor people.” (Arya Dharam, Ruhani Khazain, Vol. 10, p. 50)
Hazrat Aus’(ra) wife, Hazrat Khuwailah bint Maalik bin Tha‘laba(ra), narrates:
“My husband, Aus bin Samit(ra) expressed Zihar in relation to me. I took my complaint to the Holy Prophet(sa) and whilst counselling me, he said, ‘Instil the fear of God in you, for he [i.e. her husband] is also your paternal uncle’s son.’ However, I remained persistent regarding this matter until the following verse of the Holy Quran was revealed.”
The Holy Prophet(sa) asked her how she could be his mother when he was her paternal uncle’s son, and she was also his wife.
However, she further states: “In any case, I insisted on this until this verse of the Holy Quran was revealed:
قَدۡ سَمِعَ اللّٰہُ قَوۡلَ الَّتِیۡ تُجَادِلُکَ فِیۡ زَوۡجِہَا
“Allah has indeed heard the speech of her who pleads with thee concerning her husband…” (Surah al-Mujadilah: V.2)
Thus, the Holy Prophet(sa) stated her husband ought to free a slave as it has been commanded in the verse of the Holy Quran and the detail pertaining to this has just been mentioned earlier, that is that one ought to free a slave as a penalty. Hazrat Khuwailah bint Maalik bin Tha‘laba(ra) further states:
“I said to the Holy Prophet(sa), ‘He does not have the means to do so, for he has little provisions.’ The Holy Prophet(sa) then said, ‘Then he should fast for two consecutive months.’ I submitted, ‘O Messenger(sa) of Allah, he is unable to fast consecutively due to his old age. He does not have the strength to do so.’ The Holy Prophet(sa) then stated, ‘Then he should feed sixty poor people.’ I said, ‘He does not have any wealth with which he could do this and offer Sadaqah (charity).’”
Khuwailah(ra) further states:
“A sack of dates was delivered to the Holy Prophet(sa) while I was sitting there. So I said: ‘O Prophet(sa) of Allah, I can support him with the second sack of dates.’ Meaning that if I could get this, then we would be able to arrange for the second one ourselves. The Holy Prophet(sa) said: ‘Very well, go ahead and take this bag and feed sixty poor people on his behalf and then return to your uncle’s son’” (Sunan Abi Daud, Kitab Al-Talaq, Bab Fi Al-Zihar, Hadith 2214). This means to return to her husband and assure her that she did not become his mother by him simply uttering such words. Thus, by relating the accounts of the Companions, many other issues are also resolved.
Hazrat Iibn Abbas(ra) narrates: “The very first Zihar – the practice of labelling one’s wife as one’s mother – that took place in Islam was by Hazrat Aus bin Samit(ra). He was married to his paternal Uncle’s daughter and he expressed Zihar towards her.” (Usdul Ghaba, Vol. 1, p. 323, Aus bin Samit(ra), Dar-ul-Kutub Al-Ilmiyyah, Beirut, 2003)
In any case, these are the limits set by God Almighty, and this matter was also presented before the Promised Messiah(as) as well and he prescribed the same punishment. A similar matter was presented before Hazrat Khalifatul Masih II(ra), and he stated that this was the appropriate penalty for this, unless such a person was extremely poor and did not have the means, he would instead seek repentance and fulfil the requirements of the punishment to the best of his means. In any case, God Almighty has prescribed the limits in regard to one who declares his wife to be his mother or sister.
Some have the habit of fighting over very petty matters and saying to their wives, “You are forbidden for me” or “You are my mother”, or they take similar oaths. So these are the types of people who exceed the prescribed limits and therefore receive the punishment which God Almighty has stated, and that is to either free a slave, observe fasts or feed the poor.
Demise
Hazrat Aus bin Samit(ra) was also a poet. Hazrat Aus bin Samit(ra) and Shadad bin Aus Ansari took residence in Baitul Maqdas. Hazrat Aus(ra) passed away in Palestine in 34 AH at the age of 72. (Usdul Ghaba, Vol. 1, p. 323, Aus bin Samit(ra), Dar-ul-Kutub Al-Ilmiyyah, Beirut, 2003)