بَابُ النَّظَرِ إِلَى الْمَخْطُوبَةِ وَبَيَانِ الْعَوْرَاتِLooking at the Betrothed and the Limits of Awrah

¹ The statement: Look at her, etc. Scholars have differed regarding the permissibility of looking at a woman one intends to marry. Al-Awza‘i, Ath-Thawri, Abu Hanifah, Ash-Shafi‘i, Ahmad, and Ishaq permitted it absolutely, whether the woman consented or not, based on the hadiths of Jabir and Al-Mughirah. Malik permitted it with her consent, and it is narrated from him that he prohibited it absolutely. If a woman were sent to describe her, it would be more in line with avoiding disagreement. Al-Mirqat and Al-Luma‘at are sourced from this. It is said in Ad-Durr Al-Mukhtar: It is recommended to look at her beforehand.

¹ The statement: To describe her to her husband as if he were looking at her. In Sharh Al-Akmal: Jurists have used this hadith as evidence for the permissibility of forward sales in animals, as it indicates that describing something makes it as if it were seen. Thus, it is something whose characteristics can be precisely defined and its quantity known, like something tangible and observed at the time of sale. Whatever can have its characteristics precisely defined and its quantity known is permissible for forward sale by consensus. I say: The Prophet’s (ﷺ) statements indicate that describing something makes it as if it were seen in what is observed, as evidenced by his saying: As if he were looking at her. The prohibition of forward sales in animals according to Abu Hanifah is not from this perspective, but because animals include internal characteristics that cannot be known by looking at them. Thus, it is something whose characteristics cannot be precisely defined, and what cannot have its characteristics precisely defined is not permissible for forward sale. This is stated in Al-Mirqat.

¹ The statement: He ordered Abu Taibah to perform cupping on her. For this reason, it is said in Al-Hidayah: It is permissible for a doctor to look at the affected area of her body out of necessity, but it is preferable to teach a woman to treat her. If they cannot, every part of her body should be covered except the affected area. ² The statement: I think, etc. This is Jabir’s statement, indicating that the need was not absolutely necessary; otherwise, it would be permissible for a non-relative to look at her entire body for treatment. This is stated by At-Tayyibi.

¹ The statement: Uncover your head, etc. For these hadiths, it is said in Al-Hidayah: According to us, the navel is not part of the private part, contrary to what Ash-Shafi‘i says. The knee is part of the private part, also contrary to him. It is mentioned in Kitab Ar-Rahmah fi Ikhtilaf Al-Ummah: They agreed that the navel of a man is not a private part. As for the knee, Malik, Ash-Shafi‘i, and Ahmad said it is not part of the private part, while Abu Hanifah and some of Ash-Shafi‘i’s companions said it is. As for the private part of a female slave, Malik and Ash-Shafi‘i said it is like that of a man, while Abu Hanifah added her belly and back. End of quote. For this narration.

¹ The statement: Are you both blind? Do you not see him? It is said that this prohibits a woman from looking at a non-relative man absolutely. Some specified it to cases where there is fear of temptation for her, to reconcile it with Aishah’s statement: I was watching the Abyssinians playing with their spears in the mosque. The more correct view is that it is permissible for a woman to look at a man from above the navel to below the knee without desire, as evidenced by Aishah’s statement: I was watching the Abyssinians, and because women used to attend prayers with the Messenger of Allah (ﷺ) in the mosque, and their gaze would inevitably fall on men. If it were not permissible, they would not have been commanded to attend the mosque and prayer ground. Women were commanded to veil from men, but men were not commanded to veil from women. This hadith is understood in the context of piety and righteousness. This is stated in Al-Mirqat. It is said in Al-Hidayah: It is permissible for a woman to look at a man at what a man may look at of another man if she is safe from desire. If there is desire in her heart, or she believes she may desire, or she is uncertain, it is recommended for her to lower her gaze.

¹ The statement: The thigh is a private part. It is said in Ad-Durr Al-Mukhtar: The private part for a man is from below the navel to below the knee, and Ahmad stipulated covering one shoulder as well. According to Malik, it is only the private parts (front and back). End of quote. It is said in Sharh An-Nuqayah: Malik limited the private part to the two private areas, and his evidence is mentioned, supporting the majority’s view with the statement: The thigh is a private part, and Do not expose your thigh, etc.

¹ The statement: Beware of being naked, etc. Ibn Al-Malak said this indicates that it is not permissible to uncover the private part except out of necessity, such as relieving oneself, intimacy, or similar purposes. This is stated in Al-Mirqat. It is said in Ad-Durr Al-Mukhtar: The fourth condition is covering the private part, and its obligation is general, i.e., in prayer and outside it, even in seclusion, according to the correct view, except for a valid purpose such as defecation, purification, or intimacy.

¹ The statement: Except from your wife or what your right hand possesses. This indicates that ownership and marriage permit looking at the private parts from both sides. This is stated in Al-Mirqat. It is said in Ad-Durr Al-Mukhtar: A man may look at the private part of his wife or his permissible female slave with or without desire, but it is preferable to avoid it, as it causes forgetfulness. End of quote. It is said in Radd Al-Muhtar: It is said in Al-Hidayah: It is preferable that neither of them looks at the private part of the other, based on the statement: When one of you approaches his wife, let him cover as much as he can and not be completely naked like a donkey. This is because it causes forgetfulness, as it has been narrated. Ibn Umar used to say: It is preferable to look to achieve the fullest sense of pleasure, but in its explanation by Al-Ayni, this is not established from Ibn Umar with a sound or weak chain. Abu Yusuf asked Abu Hanifah about a man touching his wife’s private part and her touching his to arouse each other; he said: No harm, and I hope it brings great reward. This is in Dakhirah. ² The statement: What if a man is alone? etc. This indicates the obligation of covering in seclusion except out of necessity. This is stated in Al-Mirqat.

¹ The statement: "It refers only to female slaves, etc." means that her male slave is like a stranger to her, because the risk of temptation from him is like that of a stranger, or even greater due to frequent interaction. The texts prohibiting this are absolute. The meaning of the verse: or those whom their right hands possess [An-Nur: 31] refers to female slaves, not male slaves, as stated by Al-Hasan and Ibn Jubayr. Thus, he may only look at her face and hands. Indeed, he may enter upon her without her permission by consensus, but he may not travel with her by consensus, as stated in "Khulasah." According to Ash-Shafi‘i and Malik, he is like her mahram. This is derived from "Ad-Durr al-Mukhtar" and "Radd al-Muhtar." In "Fatawa Qadikhan," a male slave looking at his free mistress, with no kinship between them, is like a free stranger man; looking at a free stranger woman, he may look at her face and hands but not at what a free stranger man may look at of a free stranger woman, whether he is castrated or not, if he has reached maturity.

² The statement: "The Shaykh interpreted, etc." is as stated in "Nayl al-Awtar"

¹ The statement: "These people should not enter upon you" for this reason, it is stated in "Ad-Durr al-Mukhtar" that the castrated, the mutilated, and the effeminate are like the virile man in looking at a stranger woman.

¹ The statement: "until she marries, etc." attributes the contract in these verses to them, indicating that a woman can directly engage in marriage, as it is a transaction concerning her exclusive right, and she is capable of it, being rational and mature. This is why she is permitted to manage her wealth and choose her husbands by consensus. Thus, there is no sense in denying the contract’s validity based on her expression, and requiring a guardian for its validity is the utmost limit. The guardian has the right to object if she falls short, such as marrying someone not her equal or for less than the dowry of her peers. The Hadiths of the opponents, according to us, are interpreted as referring to the marriage of a non-competent woman or one who cannot manage affairs, to reconcile the evidence, or as negating perfection and obligation. This is supported by the fact that Aishah (may Allah be pleased with her), one of the narrators of the Hadith requiring a guardian, married Hafsah, the daughter of her brother Abdul Rahman, who was absent in Sham, as narrated by Malik in "Al-Muwatta," as stated in "Umdat ar-Ri‘ayah"