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[QUOTE]Originally posted by *Dalia*: [QB] [QUOTE]Originally posted by Ayisha: [qb] If you wanted a cuppa tea you asked from behind a screen and didnt go in the kitchen to ask! [/qb][/QUOTE]Lol, good point. I think people tend to forget that houses at that time were very different from the houses we have today in most parts of the world. There was much less privacy, and it doesn't take a genius to figure out that all the people coming and going to ask the prophet's advice were somehow intruding on his wifes' privacy. Regarding the term awrah -- we are often made to believe that there is only one definition / interpretation, that supposedly all scholars at all times have agreed on what constitutes a woman's awrah. But nothing is further from the truth, early scholars debated this term and came to very different conclusions. The term 'awrah is defined by referring to those parts of the body that must be covered during prayer and that are prohibited from being seen. Ibn Muflih, al-Mubdi ; 1:359. Linguistically, it refers to something faulty (nuqsān or 'ayb) or repulsive (mustaqbah or qubh). Al-Bahūtī, Kashshāf al-Qinā', 1:312; Ibn Nujaym, al-Bahr al-Rā'iq, 1:467. Generally, jurists provide a definition of the 'awrah when addressing how a Muslim should dress when making obligatory prayers (salāt). [b]Interestingly, the earliest traditions on the subject do not reflect a specific discussion on `awrah. Rather they address different dress styles and, at least in the case of women, draw distinctions between certain classes of women.[/b] For instance, early works relate traditions of the Prophet praying while wrapped in a single thawb or garment that draped over his shoulders and covered his front and back (layukhālifu bayna tarafayhi 'alā 'Abd al-Razzāq, al-Musannaf, 1:350, 353. See also, Ibn Abi Shayba, al-Kitāb al-Musannaf, 1:275-277. Others suggest that it is better to pray with two garments, namely one wrapped around the waist (izār) and another draped around the shoulders (ridā'). Al-San'ānī, al-Musannaf, 1:349, 353-354, 356; Ibn Abi Shayba, al-Kitāb al-Musannaf, 1:2'75-276. See also, al-Ramlī, Nihāyat al-Muhtāj (1992), 2:13; al-Bahūtī, Kashshāf al-Qinā', 1:316-317. However, the conflict over men's proper attire arises when one's garment is too small. One set of traditions holds that if a man's garment is large enough, he should drape it over himself (mutawashshih), but if it is small, he should pray with the garment wrapped around his waist (muttazir or yukhālifu bayna tarafayhi). Al-San'ānī, al-Musannaf, 1:352, 353; Ibn Abi Shayba, Kitāb al-Musannaf, 1:275, 276, 277. See also, al-Qarāfī, al-Dhakhīrah, 2:112; Ibn Muflih, al-Mubdi,` 1:64. Others argued that he can pray with a single garment as long as part of it can be draped over his shoulder. Al-San'ānī, al-Musannaf, 1:353; Ibn Abi Shayba, Kitāb al-Musannaf, 1:278. See also, al-Bahūtī, Kashshāf al-Qinaā', 1:318; Muhammad Amin Ibn 'Abidīn, Hāshiyat Radd al-Muhtār, (1966), 1:404. According to the Companion Ibn Mas'ūd, if one cannot find sufficient material, then it is permissible to pray with only one garment. However if sufficient material is available, then he should pray with two. However, others such as Umar b. al-Khattāb disagreed> and held that only one garment wrapped around the waist was sufficient for prayers. Al-San'ānī, al-Musannaf, 1:356; Ibn Abi Shayba, Kitāb al-Musannaf, 1:278-279. See also, Ibn Rushd, Bidāyat al-Mujtahid. 1:159. Incidentally, one report suggests that wearing a garment around the waist was endorsed partly to distinguish the Muslims from the Jews. Al-San'ānī, al-Musannaf, 1:352; Ibn Abi Shayba, Kitāb al-Musannaf, 1:278. Notably, the term 'awrah does not appear in this discussion. Likewise, it is not used in the early discussion on women's attire in prayer. The traditions instead address the kinds of clothing a woman must wear in prayer, and distinguishes between the appropriate attire for free and slave women. Specifically, al-San'ānī relates traditions on two issues. The first issue concerns what a free woman must wear when praying. Generally, the items for consideration are a khimār, jilbāb, dir` sābigh, and milhaf. al-San'ānī al-Musannaf, 3:128-129, 131, 135; Ibn Abi Shayba, al-Musannaf, 2:36-37. See also, al-Māwardī, al-Hāwī al-Kabīr, 2:169; Ibn Muflih, al-Mubdi', 1:366; al-Ramlī, Nihāyat al-Muhtāj (1992), 2:13-14; al-Bahūtī, Kashshāf al-Qinā', 1:318; Ibn Hazm, al-Muhallā 2:2:249-250. The second issue concerns whether a slave woman must also wear a khimār for prayer? The khimār is generally a garment that covers a woman's head. Ibn Manzūr, Lisān al-'Arab, 4:257; Ibn Muflih, al-Mubdi`, 1:366; al-Bahūtī, Kashshāf al-Qinā', 1:318. The meaning of dir` sābigh generally suggests some type of loose-fitting garment that extends to one's feet. The relevant distinction is that a dir` does not necessarily cover a woman's head. Ibn Manzūr, Lisān al-'Arab, 8:81-82; Ibn Muflih, al-Mubdi`, 1:366; Lane, Arabic-English Lexicon, 1:871-872. Jilbāb refers to a garment that is larger than a khimār and generally covers a woman's head and chest area, but may also cover her entire body. In some cases it is used as a synonym for khimār, and in others for an izār. Ibn Manzūr, Lisān al-'Arab, 1:272-273. And a milhaf is a blanket (dithār) or cover which is wrapped over other clothes. Ibn Manzūr, Lisān al-'Arab, 9:314. Al-San'ānī reports that the Prophet said that menstruating free women must wear a khimār, otherwise their prayer will not be accepted. Al-San'ānī, al-Musannaf, 3:130, 131; Ibn Abi Shayba, Kitāb al-Musannaf, 2:39-40. The reference to menstruation is generally regarded as a reference to adulthood or the age of majority. Al-Marghīnānī, al-Hidāya, 1:43. Women who are not adults are not necessarily subject to this requirement. Al-San'ānī, al-Musannaf, 3:132. In another tradition, a woman is supposed to wear a khimār, a dir`, and an izār, although there is some countervailing traditions against this position. Ibn Muflih, al-Mubdi`, 1:366. Some traditions suggest that an acceptable dir' must be long and loose enough to cover the appearance of a woman's feet, although without a khimār, it is insufficient. Al-San'ānī, al-Musannaf, 3:128; Ibn Abi Shayba, Kitāb al-Musannaf, 2:36. One tradition relates that 'A'isha was seen wearing during prayer a garment around her waist (mu'tazirah), a dir`, and a thick khimār. Al-San'ānī, al-Musannaf, p. 129. On the other hand, Umm Habībah, a wife of the Prophet, is reported to have worn a dir`, and an izār that was large enough to drape around her and reach the ground. Notably, she did not wear a khimār. Id. Yet another tradition relates that the Prophet's wives Maymūna and Umm Salamah would wear a khimār and a dir` sābigh Ibn Abi Shayba, Kitāb al-Musannaf, 2:36. 107 [b]The issue of 'awrah is complex partly because it is extremely difficult to retrace and reclaim the historical process that produced the determinations as to 'awrah.[/b] The conventional wisdom maintains that early on, Muslim jurists held that what should be covered in prayer should be covered outside of prayer. This, however, is not entirely true. The dominant juristic schools of thought argued that the 'awrah of men is what is between the knee and navel. A man ought to cover what is between the knee and navel inside and outside of prayer. A minority view, however, argued that the 'awrah of men is limited to the groin and buttocks only; the thighs are not 'awrah. The 'awrah of women was a more complex matter. As noted below, the majority argued that all of a woman's body except the hands and face is 'awrah. Abü Hanifa held that the feet are not 'awrah, and some argued that half the arm up to the elbow, or the full arm, is not a 'awrah. A minority view held that even the face and hands are 'awrah and therefore, must be covered as well. An early minority view held that the hair and calves are not 'awrah. In addition, some argued that women must cover their hair at prayer, but not outside of prayer. [b]Importantly, the jurists disagreed on whether the covering of the 'awrah is a condition precedent for the validity of prayer.[/b] The majority held that covering the 'awrah is a fard (basic and necessary requirement) so that the failure to cover the 'awrah would invalidate a person's prayers. The minority view (mostly but not exclusively Mālikī jurists) held that covering the 'awrah is not a condition precedent for prayer - accordingly, this school argued that covering the 'awrah is among the sunan of prayer (the recommended acts in prayer), and the failure to cover the 'awrah would not void a person's prayers. A large number of Hanafi jurists argued that as long as three-fourth of the body is covered the prayer is valid. Interestingly, Mālik reportedly allowed people to pray naked ('urāh), if they were unable to procure dressing garments. However he suggested that such people should pray alone so as not to see each other's 'awrah, and remain standing throughout. However if they are praying in the dark of night (layl muzlim), they may pray in congregation with an imām leading them. Sahnūn b. Sa'īd, al-Mudawwana al-Kubrā (Beirut: Dār Sadr, n.d.), 1:95-96. See also, al-Qarāfī, al-Dhakhīrah, 2:106-107; Ibn Muflih, al-Mubdi ; 1:370-374. The Shi'i al-Tūsī adopts the same view and also allows them to pray in congregation during daylight hours, as long as they pray in only one line and in a sitting Position. al-Tūsī, al-Mabsūt, 1:87. Al-Bahūtī goes so far as to say that even in this case, congregational prayer remains obligatory. Al-Bahūtī, Kashshāf al-Qinā', 1:324. See also, Ibn Hazm, al-Muhallā, 2:255-257. Being unclothed for prayers does not allow one to steal clothes out of necessity, according to al-Ramlī. Since one can pray naked, there is no necessity as in the case of stealing clothes to protect oneself from heat or freezing temperatures, or stealing food to prevent death by starvation. Al-Ramlī, Nihāyat al-Muhtāj (1992), 2:12. See also, al-Bahūtī, Kashshāf al-Qinā', 1:322-324, who addresses the various means by which those without sufficient clothes can pray. The overwhelming majority of jurists held that the 'awrah of a slave-girl, or even a female servant girl, is different. [b]Some jurists argued that the 'awrah of such a woman is between the knee and navel - the same as a man. The other jurists held that the 'awrah of such a woman is from the beginning of the chest area to the knees and down to the elbows. Therefore, the majority agreed that a slave-girl or servant-girl may pray with her hair exposed. [/b] A minority view argued that slave-girls should cover their hair in prayer, but do not have to do so outside of prayer. In short, it seems to me that the conventional wisdom is not exactly correct; there seems to be sufficient grounds for differentiating between the 'awrah in prayer and outside of prayer. [b]Furthermore, as noted below, the 'awrah of slave-girls or servant-girls, inside and outside of prayer, raise serious questions about the basis for the historical juristic determinations regarding the 'awrah of women. [/b] See, on the law of `awrah: al-San'ānī, al-Musannaf, 3:128-136 (documents some of the early opinions). For Mālikī school, see: Ibn Rushd (II), Bidāyat al-Mujtahid, 1:156-158; Ibn Rushd (I), al-Muqaddimāt al-Mumahhidāt 1:183-185; Sahnūn, nl-Mudawwana (Dar Sadr), 1:94; al-Hattāb al-Ra'īnī, Mawāhib al-Jalīl 2:177-187; al-Qarāfī, al-Dhakhīrah, 2:101-105. For Shāfi'ī school, see: al-Shāfi'ī, al-Umm (Beirut: Dar al-Fikr, n.d.), 1:109; al-Ramlī, Nihāyat al-Muhtāj (1992), 2:7-8, 13; al-Māwardī, al-Hāwī al-Kabīr, 2:165-171. For Hanafī school, see Ibn Nujaym, al-Bahr al-Rā'iq, 1:467, 469-476; Ibn 'Abidīn, Hāshiyat Radd (1966), 1:405; al-Kāsānī, Badā'i' al-Sanā'i' ; pp. 543-546. For Hanbalī school, see Ibn Qudāmah, al-Mughnī (Dar Ihyā' al-Turāth al-'Arabī), 1:601; Ibn Muflih, al-Mubdi', 1:361-367; al-Bahūtī, Kashshāf al-Qinā', 1:315-317. For Ja 'farī school, see al-Tūsī, al-Mabsūt, 1:87-88. 109 Qur'ān 33:58-60. Reportedly these verses were revealed in response to several incidents in which the hypocrites of Medina harassed and molested Muslim women. Al-Rāzī, al-Tafsīr al-Kabīr (1999), 9:183-184; al-Tabarī, Tafsīr al-Tabarī 6:199-200; al-Qurtubī, al-Jāmi' (1993), 14:157-158; Ibn Kathīr Mukhtasar Tafsīr Ibn Kathīr, 3:114-115. 123 Some of the late jurists argued that if a slave-girl will cause a fitnah she must cover her breasts or hair. Al-Hattāb relates that although a slave woman's 'awrah is the same as a man's, some have said that it is reprehensible for someone who is not her owner to view what is under her garments, or to view her breasts, chest, or whatever else "leads to fitnah" (wa mä yad'ū al-fitnah minhā). Consequently, despite having the same 'awrah as men, it is preferred that she bare her head but cover her body. Al-Hattāb Mawāhib al-Jalīl, 2:180, 184. See also, al-Qarāfī, al-Dhakhirah, 2:103-104. Al-Bahūt relates views suggesting that as a matter of caution (ihtiyät), it is preferrable that the slave-girl cover herself in the Same fashion as an adult free woman, including covering her head during prayer. Al-Bahūtī, Kashshāf al-Qinā', 1:316. Ibn 'Abidīn also argues that most of the scholars of the Hanafī school do not permit a slave woman to have her breasts, chest, or back exposed; however it is said that a slave woman's chest is part of her 'awrah only in prayer but not otherwise. Nevertheless, Ibn 'Abidīn finds this latter view unconvincing. Ibn 'Abidīn, Hūshiya Radd (1966), 1:405. See also, Ibn Nujaym, al-Bahr al-Rā'iq, 1:474; al-Marghīnāī, al-Hidāya, 1:44. 126 Reportedly, the early jurists Dāwūd b. 'Alī and Jarīr al-Tabarī the founder of a now extinct school of jurisprudence, held that the 'awrah of men and women, slave or otherwise, is the same. See al-Māwardī, al-Hāwī al-Kabīr, 2:167. 127 [b]For instance, al-Rustāqī, Manhaj al-Tālibīn, 8:21, 26, argues that every place and time have their own iaws. He states that in some places it is acceptable for women to reveal their hair while in Oman it is considered ugly (qabīh). He concludes by stating that whatever Muslims see as ugly is, in fact, ugly. Al-Marghīnānī, al-Hidāya, 1:44, mentions that slave-girls were not required to wear the veil because they need to work and requiring the veil would cause hardship (daf 'an li al-haraj). [/b] [b]Al-Qarāfī relates a tradition in which `Umar b. al-Khattāb asks his son why he was silent about the fact that the latter's slave woman walked about wearing an izār like a free woman. Reportedly, `Umar then adds that if he were to see her, he would hit her for doing so. Al-Qarāfī explains `Umar's position was relevant only to a very specific historical situation in Medina, in which crazed men would harass slave women but not Irre women. [/b] See al-Qarāfī, al-Dhakhīrah, 129 For the six points above see, al-Tabarī Jāmi' al-Bayān, 18:93-95, 22:33-34 (mentions a variety of early opinions including the up to the elbow and the beginning of cleavage area determinations; also mentions the distinction between free and slave girls; mentions the historical practice); al-Nasafī, Tafsīr al-Nasafī (Cairo: Dar Ihyā' al-Kutub al-Arabiyya, n.d.), 3:140, 313, (mentions 'ādah, jibillah, and hājah; women need to reveal their faces, hands, and feet by custom, nature, and need; mentions the distinction applicable to slavegirls; mentions the historical practice); al-Jassās, Ahkām, 3:409-410, 486, mentions that slave-girls do not have to cover their hair; mentions the historical practice); al-Kiyyā al-Harrāsī, ahkām al-Qur'ān (1974), 4:288, 354 (notes slave-girls do not have to cover their faces or hair); Ibn al-'Arabī', Ahkām al-Qur'ān (n.d.), 3:1368-78, 1586-87 (mentions a variety of details to adornments; discusses the rule as to slave-girls); al-Qurtubī, al-Jāmi'(1993), 12:152-153, 157; 14:156-157 (mentions that the verse was revealed to address the harassment of women, and to differentiate slave-girls from Muslim women; notes the opinion that held that the verse called for the covering of the bosom area); Ibn Kathīr, Mukhtasar Tafsīr Ibn Kathīr, 2:600; 3:114-115, (mentions determinations as to the bosom; also notes that free Muslim women must cover their faces); Abū Hayyān al-Andalusī, Tafsīr al-Bahr al-Muhīt, 6:412; 7:240-241 (mentions custom, nature, necessity; mentions the historical practice as to revealing the bosom; mentions the distinction as to slave-girls); al-Zamakhshari, al-Kashshāf, 3:60-62, 274 (mentions the historical practice, distinction as to slave-girls, the rules as to functionality and custom, mentions that covering ought not cause hardship); Ibn al-Jawzī, Zād al-Masīr fī 'Ilm al-Tafsīr, 5:377-378; 6:224 (mentions mashaqqah - hardship); al-Māwardī, al-Nukat wa al-'Uyūn, 4:90-93, 424-425, (notes the opinion that the purpose of revelation was to instruct women to cover their bosoms; mentions the differentiation as to slave-girls); al-Shinqītī, Adwā' al-Bayān, 6:192-203, 586-600 (mentions a variety of positions; mentions determinations as to revealing the arm up to the elbow and the view that the point is to cover the bosom; mentions the historical practice and differentiation as to slave-girls; author supports covering the face); Ibn Taymiyya, al-Tafsīr, 6:23, (notes that the law of veiling does not apply to slave-girls); Fakhr al-Dīn Muhammad al-Rāzī, al-Tafsīr al-Kabīr (a.k.a Mafātīh al-Ghayb), 23:176-179; 25:198-199, (mentions al-'ādah al-jāriyah (the habitual custom) and functionality as the focal issues in determining what women ought to cover; mentions the historical practice and the distinction as to slave-girls); Ibn 'Atiyya, al-Muharrar al-Wajīz, 4:178, 399 (mentions the determinations as to the bosom and arm up to the elbow; mentions the rule of functionality and custom; mentions the historical practice and the distinction as to slave-girls); al-Suyūtī, al-Durr al-Manthūr, 5:45-46, 239-241 (mentions the determinations as to the arm up to the elbow and the bosom; notes the discussion regarding the beginning of the cleavage area; mentions the historical practice and the distinction as to slave-girls); al-Burūsī, Tanwīr al-Adhhān, 3:57-59, 254-255, (mentions the determinations as to the arm up to the elbow and the bosom; mentions the historical practice and distinction as to slave-girls); Abū Hafs `Umar b. 'Alī Ibn 'Adil al-Dimashqī al-Lubāb fī 'Ulūm al-Kitāb 14:355-358; 15:588-590 (mentions that according to some reports the verse was revealed to vindicate 'Alī's family. Also mentions that other reports contend that hypocrites of Medina would solicit women at night. Girls who practiced prostitution would respond to their solicitation. The verse was revealed partly to end this practice. Mentions the rule of practice and custom (mā u'tīda kashfuh), and functionality and rule of necessity; mentions the distinction as to slave-girls); al-Alūsī, Rūh al-Ma'ānī (1985), 18:140-142; 22:89, (mentions the issue of functionality and that slave-girls lead an active economic life; mentions custom, habit, and nature; mentions the historical practice); al-Sāwī, Hāshiyat al-'Allāmah, 3:136-137, 288-289 (mentions various positions). (from Khaled Abou el Fadl's "Speaking in Gods Name Islamic Law, Authority and Women") [/QB][/QUOTE]
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