The privileges particular to the Prophet, sallallaahu 'alayhi wa sallam
Fatwa No: 238735

  • Fatwa Date:22-2-2014 - Rabee' Al-Aakhir 22, 1435
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Question

Salam Alaykum, I was reading a book Sirat Halabiya and I came across a page which says that the Prophet (SAW) was granted privileges which we are not granted such as: 1- The prophet was permitted to kiss his wife during fasting but used to spit the saliva later. 2- He was allowed to sit with a women during fasting. 3- He was allowed to marry any woman without saying the word Nikah and no permission was needed from Wali. 4- He was allowed to marry a woman without asking her. 5- If the Prophet (SAW) wanted to marry a married woman if was Wajib on her husband to divorced her so that she can get married to the Prophet (SAW) in the same was if he wanted to marry a slaves then it was her master's duty to free her for the Prophet (SAW). 6- The Prophet had special privilege to select anything from Maal Ghanima before its distribution. Thanks, Jazak Allah Khair

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

The privileges of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) cannot be affirmed except with evidence whose authenticity and inference are confirmed. In principle, there are no such privileges as Allaah made him a role model and example for us; Allaah says (what means): {There has certainly been for you in the Messenger of Allaah an excellent pattern.}[Quran 33:21] Al-Aloosi said: "Although the verse is mentioned in the context of taking him as an example in matters of war, like in being steadfast and the like, it is general regarding all of the actions of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) if it is not known that any of them is a privilege to him, like marrying more than four wives.” [Rooh Al-Ma’aani]

Ibn Al-Qayyim  may  Allaah  have  mercy  upon  him said: “If we find that the Companions of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) differed in regard to a matter that it is confirmed that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) did and commanded others to do, and some of them said that it is abrogated or particular (to him), and some of them said that it remains forever, then the saying of those who claimed that it is abrogated or that it is particular to him is contrary to the principle, and it is not accepted without evidence.” [Zaad Al-Ma’aad]

Many scholars have compiled works on all that was said about the privileges of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) - both what was proven authentic and what was not proven authentic; and some late scholars have exaggerated about it with the intention of revering the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ). What has to be done is to investigate the validity of the claim of a privilege based on the confirmation of the evidence and the validity of its indication [in a particular context]. Noor Ad-Din Al-Halabi himself said in the book from which the asker of this question quoted: "What should be taken into account and not left for any other matter is that nothing is proven to be a privilege (of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention )) except with authentic evidence.” [End of quote]

If we apply this to the matters mentioned in the question, we will find that the issue of a fasting person kissing his wife is not of this category, as the permissibility of this is not peculiar to the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ). This applies to all Muslims on condition that they do not do anything that renders the fast invalid. The Fiqh Encyclopedia reads: “The jurists agreed that it is disliked to kiss when fasting if someone fears that his fast will be rendered invalid because of ejaculation or sexual intercourse; in fact, the Maaliki School explicitly states that it is forbidden in case one fears that the fast will be rendered invalid and he knows that he is not safe from that.” [End of quote]

As regards the matter of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) being in seclusion with a non-Mahram woman, there is no clear evidence about this, but some scholars said this as a response to what has been reported in the Sunnah which is understood to mean that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) sat in seclusion with some female companions other than his Mahrams. However, even though this interpretation is substantial, it is not necessary; Ibn Hajar said in Fat-h Al-Baari: “There seems to be strong evidence that among the privileges of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is that he is permitted to be in seclusion with non-Mahram women and to look at them. This is the correct response to the story of Umm Haraam bint Milhaan regarding the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) entering upon her and sleeping in her house, and her cleaning his head while there was no blood relationship between them and no marriage bond.” However, this view is debatable, given the statement of Imaam An-Nawawi in his commentary on Saheeh Muslim as he said: “The scholars agreed that she [Umm Haraam] was Mahram to him  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) but they differed about the relationship that made her Mahram to him. Ibn ‘Abd Al-Barr and others said that she was one of his maternal aunts from suckling. Some others said that she was rather a maternal aunt to his father or his grandfather as the mother of ‘Abdul Muttalib was from Banu An-Najjaar.Dr. Ali Al-Mutayri addressed this issue at length in his paper (A problematic issue and its answer about the Hadeeth of Umm Haraam bint Milhaan), and he concluded that Umm Haraam was an aunt of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) from a suckling relationship.

As regards the third issue, the correct view about it is what the following verse indicates (what means): {…and a believing woman if she gives herself to the Prophet [and] if the Prophet wishes to marry her; [this is] only for you, excluding the [other] believers.}[Quran 33:50] Al-Baghawi said in his Tafseer (interpretation of the Quran): “The marriage of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) takes place as a gift without the consent of the guardian, the presence of witnesses, or the payment of a dowry; and this was one of his privileges in marriage as per the saying of Allaah: {[this is] only for you, excluding the [other] believers.}; like having more than four wives.” [End of quote]

Ibn Al-Jawzi said in Zaad Al-Maseer, "The scholars of Tafseer interpreted the meaning of {[this is] only for you,} in three ways:

"1- That if a woman gives herself to the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) he is not obliged to give her a dowry contrary to other believers; this was said by Anas ibn Maalik and Sa’eed ibn Al-Musayyib.

2- That he  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) can marry her without a guardian and without a dowry unlike other believers; this was said by Qataadah.

3- That he may marry her with the wording related to a gift unlike other believers, and that is the view of Ash-Shaafi'i and Ahmad.” [End of quote]

Thus, the words in the question: "without saying the word Nikaah … and without asking her” are obviously an exaggeration. Rather, this is only valid in the case of the one whom Allaah Almighty had made it permissible for him  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) to marry, namely Zaynab bint Jahsh  may  Allaah  be  pleased  with  her. Allaah says (what means): {So when Zayd had no longer any need for her, We married her to you.}[Quran 33:37] As-Suyooti  may  Allaah  have  mercy  upon  him said: “Among his (the Prophet's) privileges is that a woman becomes permissible for him by Allaah making her permissible for him, and he consummates the marriage with her without a contract ... Allaah says (what means): {So when Zayd had no longer any need for her, We married her to you.}; Al-Bukhari reported that Anas said that Zaynab used to boast to the wives of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) saying to them: "It was your families who married you off while myself, it is Allaah Who married me off from above seven heavens." Also, Muslim reported that Anas said: “When the 'Iddah (waiting period) of Zaynab expired, the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said to Zayd: “Go to her and inform her that I want to marry her.” So, he went and told her, and she answered: “I will not do anything until I hear the command of Allaah.” So, she went to her prayer place, and then verses of the Quran were revealed and the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) entered upon her without permission...” [Al-Khasaa’is Al-Kubra]

As for your question about a husband being obliged to divorce his wife if the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) wanted to marry her, then it is disappointing that you are asking such a question, as in principle this did not happen and the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) never wanted to marry a woman who was already married, let alone ask her husband to divorce her. As-Subki was quoted by Zakariyya Al-Ansaari (in Asna Al-Mataalib) as having said: “This statement is rejected as the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) did not want anyone's wife ...” [End of quote]

With regard to the last question, then the answer is in the saying of Allaah (which means): {And know that anything you obtain of war booty — then indeed, for Allaah is one fifth of it and for the Messenger and for [his] near relatives and the orphans, the needy, and the [stranded] traveler.}[Quran 8:41] Allaah also says (what means): {And what Allaah restored to His Messenger from the people of the towns — it is for Allaah and for the Messenger and for [his] near relatives and orphans and the [stranded] traveler…}[Quran 59:7] Also, Al-Bukhari and Muslim reported that ‘Umar ibn Al Khattab  may  Allaah  be  pleased  with  him said: “Allaah has given a privilege to the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) which He did not give to any other person, then he recited: {And what Allaah restored to His Messenger from the people of the towns — it is for Allaah and for the Messenger }."[End of quote]

Ibn Abd Al-Barr said: “The selected share of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is known, as he used to choose from the booty one thing for himself with the consent and good will of the others, and then he would divide the booty among them as we have mentioned. The matter of the selected share is well-known in the authentic Ahaadeeth and it is known to the scholars, and the biographers do not differ that Safiyyah, the wife of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) was of his selected share … and all the scholars agreed in a consensus that the selected share is not for anyone after the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) so there is no dispute about this issue. However, it was reported that Abu Thawr opposed this consensus as he said that the selected share is taken (by other than the Prophet, sallallaahu 'alyhi wa sallam), and it is considered as the share of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ).” [At-Tamheed]

There were also other scholars who went against that (claimed consensus), as they did not consider that to be a privilege of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ); for example Al-Qurtubi said in his Tafseer: It was said: “It is confirmed and not abrogated – meaning the verse (which means): {They ask you, [O Muhammad], about the bounties [of war]. Say, “The [decision concerning] bounties is for Allaah and the Messenger.”}[Quran 58:1]; that the booty is for the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) and not for others who are entitled to take the booty, and it is for the Imaams (commanders) who come after him. This is what Al-Maaziri reported from many scholars of our School [i.e. the Maaliki School] - that the Imaam may distribute the war booty on behalf of the Muslims. They provided as evidence the conquest of Makkah and the story of Hunayn. Abu 'Ubayd used to say that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) conquered Makkah by force and he was merciful to its people, so he returned the booty to them and he did not consider it as a booty of war. Some people considered it as being permissible for the Imaams after him.” [End of quote]

It is for this reason that Ibn Al-Mulaqqin said in Ghaayat As-Sool fi Khasaa'is Ar-Rasool, regarding the privileges of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention )  selecting (a share) from the booty before it is divided: “Al-Qurtubi reported that some scholars said that it applies to the Imaams after him.” [End of quote]

Allaah Knows best.

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