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(Book 29, Hadith 754) #36291
Setting Deadlines in Marriage

SUMMARY: A deadline is set for a woman to present her case before the Sultan, and there is no deadline set for a man who has been prevented from intercourse with his wife.

Yahya related to me from Malik that he had asked Ibn Shihab about whether the deadline was set from the day he had married her, or from the day she raised the question before the Sultan. He said'.It is from the day she presents it before the Sultan'. Malik said, "As for someone who has intercourse with his wife and then is prevented from intercourse with her, I have not heard that there is a deadline set for him or that they are separated".
وَحَدَّثَنِي عَنْ مَالِكٍ، أَنَّهُ سَأَلَ ابْنَ شِهَابٍ مَتَى يُضْرَبُ لَهُ الأَجَلُ أَمِنْ يَوْمِ يَبْنِي بِهَا أَمْ مِنْ يَوْمِ تُرَافِعُهُ إِلَى السُّلْطَانِ فَقَالَ بَلْ مِنْ يَوْمِ تُرَافِعُهُ إِلَى السُّلْطَانِ ‏.‏ قَالَ مَالِكٌ فَأَمَّا الَّذِي قَدْ مَسَّ امْرَأَتَهُ ثُمَّ اعْتَرَضَ عَنْهَا فَإِنِّي لَمْ أَسْمَعْ أَنَّهُ يُضْرَبُ لَهُ أَجَلٌ وَلاَ يُفَرَّقُ بَيْنَهُمَا

TOPICS
deadline  *  marriage  *  intercourse  *  separation  *  muhdath  *  nikah  *  jima  *  talaq

QUICK LESSONS:
Respect your spouse's rights even when you are unable to have intercourse with them due to any reason .

EXPLANATIONS:
This hadith discusses the importance of setting deadlines in marriage. According to this hadith, if a woman has an issue with her husband, she must present it before the Sultan within a certain amount of time or else it will not be considered valid. On the other hand, if a man is prevented from having intercourse with his wife, there is no deadline set for him and they are not separated as long as he does not divorce her. This hadith teaches us that we should be aware of our rights and responsibilities when entering into marriage so that we can protect ourselves legally if any issues arise between us and our spouse. It also teaches us that men should respect their wives’ rights even when they are unable to have intercourse with them due to any reason.

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