Islamic Fiqh > Marriage and family > Looking, touching and khalwa > Intercourse in the anus
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Updated on 25 September 2026 at 3:23 PM
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The jurists differed: may a man have intercourse with his wife in her anus or not? The majority of the people of knowledge, the Hanafis, the Malikis in the famous view, the Shafi'is and the Hanbalis, hold that this is not permitted to him, while permitting him all forms of enjoyment except penetration in the anus, by Allah's saying "Your wives are a tilth for you; so come to your tilth as you wish" (Surah Al-Baqara, 223), that is, the place of tilling: come to that place as you wish, from behind or from the front, standing, sitting or lying. The mention of tilling proves that approach to a place other than the one permitted is forbidden, women being likened to the tilth because it is sown with offspring. Tha'lab said: "The wombs are only lands for us to plough; the sowing is ours, and the growth belongs to Allah." The woman's private part is like the earth, the semen like the seed, the child like the plant (Sharh Mukhtasar Khalil 3/166, al-Sharh al-Kabir with Hashiyat al-Dasuqi 3/5, al-Taj wa-l-Iklil 2/483, Tahbir al-Mukhtasar 2/533, 534).
They also cited what Abu Hurayra, may Allah be pleased with him, reported from the Prophet, peace be upon him: "Allah does not look at the man who has intercourse with his wife in her anus", an authentic hadith narrated by Ibn Majah (1923). And Khuzayma ibn Thabit reports that the Messenger of Allah, peace be upon him, said:
"Allah is not shy of the truth (three times): do not approach women in their anuses."Authentic hadith: narrated by Ibn Majah (1924), Ahmad (21914) and Ibn Hibban in his Sahih (4200)
Imam al-Shafi'i, may Allah have mercy on him, said: Allah said "Your wives are a tilth for you" and explained that the place of tilling is the place of the child, and that He permitted approach therein except during the menses; "as you wish" means from wherever you wish. The permission of approach to the place of tilling suggests the prohibition of approach elsewhere: approach of the anus to the degree of approach of the private part is therefore forbidden by the Book and then the Sunna. As for enjoyment without penetration of the private part, between the two thighs and on all the body, there is no harm in it (al-Umm 5/94). Abu Ja'far al-Tabari said: after their consensus that the man may enjoy all the body of the woman except the anus, they differed over approaching women in their anuses. Malik said: "There is no harm in the man approaching his wife in her anus as in her private part", which Yunus transmitted to us from Ibn Wahb.
Al-Shafi'i said further: approach in the anus up to the degree of approach of the private part is forbidden by the Book and the Sunna; enjoyment without penetration of the private part, between the thighs and on all the body, does no harm, whether for the slave woman or the free woman. She should not leave him for that: if she goes to the imam, he forbids him; if he admits intending to return, he is disciplined without the legal punishment and without indemnity, for she is his wife; were it fornication, the punishment would apply if he did it, and the rapist would pay the dower of her like; whoever does it must perform the full washing and has invalidated his pilgrimage, as al-Rabi' transmitted to us. Abu Hanifa, Abu Yusuf and Muhammad said: approaching women in their anuses is forbidden, according to al-Jawzajani from Muhammad.
The reasoning of whoever follows Malik's view is the consensus of all that marriage has made lawful to the married person what was forbidden; that being so, the kiss is not more fitting for legalization than the anus. The reasoning of whoever follows al-Shafi'i's view is the report that Muhammad ibn Abi Maysara al-Makki transmitted to me: Uthman ibn al-Yaman, from Zam'a ibn Salih, from Ibn Tawus, from his father, from Ibn al-Imad, from Umar ibn al-Khattab, that the Messenger of Allah, peace be upon him, said: "The private parts of people are forbidden: do not approach women in their anuses." It is further argued that all agreed before marriage that everything with her is forbidden, then differed over what marriage makes lawful to him of her; the forbidden does not pass to the lawful by consensus except through what must be accepted: the Book, the Sunna, consensus or analogy on a consensual basis. What they agreed to legalize is lawful, and what they differ over is forbidden: approach in the anus is disputed, so it remains on the consensual prohibition (Ikhtilaf al-Fuqaha p. 303, 305; see: Sharh Mushkil al-Athar 3/40, 46, Ahkam al-Qur'an of al-Jassas 3/39, 40).
Imam al-Mawardi, may Allah have mercy on him, reported that al-Shafi'i said: some of our companions held lawful the approaching of women in their anuses, others unlawful; as for me, I do not grant license in it, I forbid it. Al-Mawardi said: know that the madhhab of al-Shafi'i, of his companions, of the majority of the successors and of the jurists is that intercourse with women in their anuses is forbidden. It is narrated from Nafi', Ibn Abi Mulayka and Zayd ibn Aslam that it is permitted, and Nafi' reported it from Ibn Umar. The narrations from Malik differ: the people of the Maghrib report that he permitted it in the Book of the Sira; Abu Mus'ab said: I asked him about it and he permitted it; Ibn al-Qasim said: Malik said: I never met anyone whose religion I follow who doubts that it is lawful. The Iraqis denied this of him and reported its prohibition. When Ibn Abd al-Hakam moved from the madhhab of al-Shafi'i to that of Malik, he reported from al-Shafi'i these words: there is no established hadith on approaching women in their anuses, and analogy requires its permissibility, intending thereby to defend Malik. Al-Rabi' heard of it and said: "He lies; by Allah, there is no deity but He, al-Shafi'i explicitly stated its prohibition in six books."
Whoever holds it permitted argued from Malik's report from Nafi', from Ibn Umar: a man approached a woman in her anus and felt intense pleasure in it; Allah then revealed "Your wives are a tilth for you..." (Surah Al-Baqara, 223). And His saying "Do you approach the males of the worlds (165) and leave what your Lord created for you of your wives? (166)" (Surah Ash-Shu'ara, 165-166) proves that He permitted of the wives what He forbade of the males; and His saying "They are a garment for you and you are a garment for them" (Surah Al-Baqara, 187) proves that all of them are a garment to be enjoyed in general. If the anus were excluded at the marriage contract, the contract would be void, and if divorce occurred, it would carry to the rest: this proves that it is intended for enjoyment. And as it is one of the two private parts, its approach is lawful like that of the private part; and when he equated it with the private part in the full dower, the prohibition of affinity and the obligation of the punishment, he equated it in permissibility.
Our evidence (for the prohibition) is Allah's saying "They ask you about the menses. Say: it is harm, so keep away from women during the menses" (Surah Al-Baqara, 222): He forbade intercourse during the menses because of harm, so the anus deserves prohibition more, for the harm is greater; then He said "and when they have purified themselves, come to them as Allah has commanded you", that is, by the private part, which proves the prohibition of approaching them through the anus.
Muslim ibn Sallam reported from Ali ibn Talq that a Bedouin asked the Prophet, peace be upon him, and said: we are in the desert and find relief, and water is scarce; he said: when one of you passes wind, let him perform ablution. Then he addressed the people and said: "Do not approach women from behind, for Allah is not shy of the truth." Sahl ibn Abi Salih reported from Muhammad ibn al-Munkadir, from Jabir ibn Abdillah, that the Messenger of Allah, peace be upon him, said: "Be shy before Allah, for Allah is not shy of the truth: do not approach women in their private parts." Hajjaj ibn Arta'a reported from Amr ibn Shu'ayb, from Abdillah ibn Harmi, from Khuzayma ibn Thabit: I heard the Prophet, peace be upon him, say: "Allah is not shy of the truth: do not approach women in their anuses", and he said: "Cursed is he who approaches a woman in her anus."
Qatada reported from Amr ibn Shu'ayb, from his father, from his grandfather, that the Prophet, peace be upon him, was asked about approaching women in their anuses and said: "It is the lesser sodomy." Narrated by Ahmad (6967, 6968); al-Haythami said in Majma' al-Zawa'id (4/298): narrated by Ahmad, al-Bazzar and at-Tabarani in al-Awsat, and the men of Ahmad and al-Bazzar are men of the Sahih. Yusuf ibn Mahak reported from Umm Habiba, wife of the Prophet, peace be upon him: a woman came to the Prophet, peace be upon him, and said that her husband approached her while she was facing away from him; he said: "No harm, if it is in one single passage."
Al-Shafi'i reported from Jabir ibn Abdillah that the Jews used to say: whoever approaches a woman in her private part from behind will have a cross-eyed child; Allah revealed "Your wives are a tilth for you..." (Surah Al-Baqara, 223). A man asked the Messenger of Allah, peace be upon him, about it, and the Prophet, peace be upon him, said: "In which of the two fields? Or of the two rows of grains? Or of the two hollows? From the anus into her private part: yes; from the anus into her anus: no. Allah is not shy of the truth: do not approach women in their anuses." To this is added the consensus of the Companions, reported from Ali ibn Abi Talib, Abdillah ibn Abbas, Ibn Mas'ud and Abu al-Darda' (al-Hawi al-Kabir 9/317, 319).
Ibn Qudama, may Allah have mercy on him, said: intercourse with his wife or his slave woman in her anus is forbidden, by the Prophet's saying narrated by Ibn Majah: "Allah is not shy of the truth: do not approach women in their anuses"; and because it is not a place of offspring, resembling the anus of a boy; and there is no legal punishment for it, for it takes place with the wife or the slave woman: it would be a plausible cause (shubha), but he is disciplined (al-Kafi 4/210).
Shaykh al-Islam Ibn Taymiyya, may Allah have mercy on him, said: approaching women in their anuses is forbidden according to the majority of the early and later generations, as established in the Book and the Sunna, and it is the famous position of the madhhab of Malik; as for the other view granting license, some report it as a narration from Malik, and others deny it (Majmu' al-Fatawa 32/265, 266; see: Zad al-Ma'ad 4/260, 262).
The Malikis, in one opinion, permitted approaching the woman in her anus: it is a narration reported from Malik and Ibn al-Qasim. Imam Ibn al-Arabi said: the scholars differed over the permissibility of intercourse with the woman in her anus; a numerous group permitted it, and Ibn Sha'ban compiled it in his book "Jima' al-Niswan wa-ahkam al-Qur'an", ascribing it to a noble group of Companions and successors and to Malik in many narrations. Al-Bukhari reported from Ibn Awn, from Nafi': "Ibn Umar, when he recited the Quran, would not speak until he had finished; one day I caught him reciting Surah Al-Baqara up to a place; he said: do you know what it was revealed about? I said: no. He said: it was revealed about such and such, then he went on." He then followed it with the hadith of Ayyub, from Nafi', from Ibn Umar, concerning "so come to your tilth as you wish": he approaches her in... and mentioned nothing after that. Al-Zuhri said: "The slave (Nafi') erred in what he reported from Ibn Umar about this."
Al-Nasa'i reports from Abu al-Nadr that he said to Nafi', the freedman of Ibn Umar: much has been said against you, that you report from Ibn Umar that he ruled that women may be approached in their anuses. Nafi' said: they lied about me; but I shall tell you how the matter was: Ibn Umar leafed through the Quran one day while I was with him, until he reached "Your wives are a tilth for you; so come to your tilth as you wish" (Surah Al-Baqara, 223); he said: O Nafi', do you know the matter of this verse? I said: no. He said: we, the Quraysh, used to approach our women; when we entered Medina and married the women of the Ansar, we wanted from them what we wanted from our women; but they disliked it and considered it grave, for the women of the Ansar were only approached lying on their sides; Allah then revealed "so come to your tilth as you wish".
The qadi said: I asked the imam qadi al-Tusi about the issue; he said: intercourse with the woman in her anus is in no way permitted, for Allah, the Most High, forbade the private part during the menses because of the incidental impurity; it is more fitting to forbid the anus because of the permanent impurity (Ahkam al-Qur'an 1/238, 239). Imam al-Qurtubi, may Allah have mercy on him, said: a group held the permissibility of intercourse in the anus, and it was ascribed to Sa'id ibn al-Musayyib, Nafi', Ibn Umar, Muhammad ibn Ka'b al-Qurazi and Abd al-Malik ibn al-Majishun; it was reported from Malik in a book of his called "Kitab al-Sirr" (the Book of the Secret), but the most learned of Malik's companions and their masters deny this book, and Malik is too great to have a secret book. This view appears in the Utbiyya; Ibn al-Arabi mentioned that Ibn Sha'ban ascribed it to a great group of Companions and successors and to Malik in many narrations in "Jima' al-Niswan wa-ahkam al-Qur'an"; and al-Kiya reported that Muhammad ibn Ka'b al-Qurazi saw no harm in it. Al-Qurtubi concludes: what is ascribed to Malik and his companions of this is false, and they are innocent of it (Tafsir al-Qurtubi 3/93, 94).
Al-Hattab, may Allah have mercy on him, said: as for intercourse in the anus, the famous ruling mentioned by the author is that it is not permitted; the view of permissibility is ascribed to Malik in "Kitab al-Sirr" and is found in Ikhtisar al-Mabsut, according to Ibn Abd al-Salam, who reports that Malik said it is more lawful than drinking cold water. As for "Kitab al-Sirr", it is a rejected book: Ibn Farhun said: I examined it; it contains the disparagement of the Companions and the assault on their religion, especially Uthman, may Allah be pleased with him, the attack on the scholars and the accusation of religious deficiency against them despite the consensus of the people of knowledge on their merit, especially Ashhab, to the point that I do not permit its mention; and Malik's piety and religion contradict what "Kitab al-Sirr" contains, a thin volume of about thirty leaves.
Ibn Arafa said: I heard Isa ibn al-Qasim report: I never met anyone worth following who doubts it. Rabi'a transmitted to me from Sa'id ibn Yasar, from Ibn Umar: there is no harm in it. And Ibn al-Qasim permitted it, saying: I do not command it, nor would I like to possess what would fill the great mosque and do it; whoever consults me about it, I command him to leave it. Al-Burzuli said: Ashhab met a man of Iraq holding the prohibition of intercourse in the anus; they discussed it, Ashhab held it lawful and the man forbidden; they argued until Ashhab defeated him with proof. Ashhab said to him: I have such and such oaths upon me if I ever did it; swear then, you too, that you never did it; he refused to swear. Al-Burzuli added: the reported narration is that whoever does it is disciplined, which rests on its prohibition; if it is disliked or permitted, he is not disciplined, for there is no consensus on its dislike (Mawahib al-Jalil 5/28, 29; see: al-Dhakhira 4/416, 417, al-Madkhal 2/193).
The jurists differed over the permissibility of uncovering one's awrah when no one sees him. The Shafi'is in the sounder of the two views and the Hanbalis in the madhhab hold that covering the awrah in solitude is obligatory, based on the hadith of Bahz ibn Hakim, from his father, from his grandfather:
"I said: O Messenger of Allah, our awrah: what may we show and what must we guard? He said: guard your awrah, except before your wife or the one your right hand possesses. I said: O Messenger of Allah, what if people are among one another? He said: if you can manage that no one sees it, let no one see it. I said: O Messenger of Allah, what if one of us is alone? He said: Allah has more right that one be shy before Him than before people."Hasan hadith: narrated by Abu Dawud (4017), at-Tirmidhi (2769), Ibn Majah (1920) and an-Nasa'i in al-Kubra (8972)
Al-Nawawi said: covering the awrah from eyes is obligatory by consensus, based on the earlier evidences; the sounder of the two views is its obligation in solitude, based on the hadith of Bahz and others, whose authentication the author and al-Bandaniji explicitly stated. If he needs to uncover, he may do so to the measure of need alone, as the companions said; the author's words "if compelled" are understood as need, not true necessity, and it would have been more correct to say "if he needs", like the companions, so that the requirement of necessity not be implied. Bathing is among the needs: bathing naked in solitude is permitted, but it is better to cover oneself with a waist-wrapper (al-Majmu' 3/168).
Al-Bahuti, may Allah have mercy on him, said: covering the awrah in solitude is obligatory as it is in front of people, even in darkness, based on the hadith of Bahz ibn Hakim, from his father, from his grandfather (Kashshaf al-Qina' 1/312, Sharh Muntaha al-Iradat 1/298, Matalib Uli al-Nuha 1/328). Shaykh al-Islam Ibn Taymiyya, may Allah have mercy on him, said: man must cover his awrah, as the Prophet, peace be upon him, said to Mu'awiya ibn Hayda: "Guard your awrah, except before your wife or the one your right hand possesses. I said: what if one of us is with his people? He said: if you can manage that no one sees it, let no one see it. I said: what if one of us is alone? He said: Allah has more right that one be shy before Him than before people."
He may uncover to the measure of need, as when relieving himself; likewise, when a man bathes alone beside what covers him, he may bathe naked, as Musa and Ayyub bathed naked, and as the Prophet, peace be upon him, did on the day of the conquest, and according to the hadith of Maymuna. Ibn Taymiyya said further, after the hadith: he commanded covering it in solitude, and this is obligatory according to most of the scholars. If one bathes in a secluded place beside a wall or a tree, in one's house or a bath, uncovering is permitted in this case according to the majority, as it is established in the Sahih that Musa bathed naked, that Ayyub bathed naked and that Fatima used to cover the Prophet, peace be upon him, with a garment and he would then bathe. It is an uncovering for need, to the measure of need, like uncovering for natural needs or intercourse; this is why the scholars dislike that the one relieving himself raise his garment until it nears the ground (Majmu' al-Fatawa 21/247, 21/338).
The Shafi'is in one view and the Hanbalis in one narration hold that uncovering the awrah in solitude is permitted while disliked. Ibn Taymiyya said: covering it in solitude and otherwise is obligatory, except for need. The qadi said: being naked in solitude is disliked without being unlawful, and some of our companions report it in two narrations; the first is clearer in Ahmad's words and closer to the apparent meaning of the Sunna. The Prophet, peace be upon him, said to Mu'awiya ibn Hayda: "Allah has more right that one be shy before Him", when he told him: what if one of us is alone? And he forbade that a man wrap himself in a single garment raising his private part to the sky, in one wording: "with nothing of his garment upon his private part", reported by the group. From Ibn Umar: the Prophet, peace be upon him, said: "Beware of nakedness, for with you are those who never leave you, except when you relieve yourselves or when the man is with his wife; so be shy before them and honour them", narrated by at-Tirmidhi. Utba ibn Abd al-Rahman al-Sulami reports that the Messenger of Allah, peace be upon him, said: "When one of you comes to his wife, let him cover himself, and let the two not strip as two donkeys strip", narrated by Ibn Majah.
For Allah has more right that one be shy before Him than before people, and likewise His angels and the rest of His creation: covering the awrah in solitude is therefore obligatory as it is before the eyes of people; this is why it is obligatory in prayer even when alone. It is not a matter of hiding from Allah, the Most High, for He, Glory to Him, sees every hidden thing; it is only the supposition of those who disbelieved, whom Allah described saying: "Indeed, they fold up their breasts to hide from Him; when they cover themselves with their garments, He knows what they conceal and what they declare" (Surah Hud, 5). But one must be shy before Him to the measure of one's effort, as Allah, the Most High, reported of Adam and Eve: when their private parts appeared, they began covering themselves with leaves of Paradise. Abu Bakr al-Siddiq, may Allah be pleased with him, used to say: "O people, be shy before Allah: when I enter the privy, I bend my back out of shyness before my Lord." Abu Musa said the same about bathing (Sharh al-'Umda 4/256, 258).
The people of knowledge agree that seclusion with a non-mahram woman is not permitted, based on what Ibn Abbas, may Allah be pleased with them both, reported from the Prophet, peace be upon him:
"Let no man be in seclusion with a woman except with a mahram. A man stood up and said: O Messenger of Allah, my wife has left for pilgrimage and I have been enrolled in such and such campaign; he said: go back and perform pilgrimage with your wife."Narrated by Bukhari (4935) and Muslim (1314)
The Prophet, peace be upon him, also said: "Whoever believes in Allah and the Last Day must not be in seclusion with a woman without a mahram of hers, for the third of them is Satan", narrated by Ahmad (14692). And from Uqba ibn Amir that the Messenger of Allah, peace be upon him, said: "Beware of entering upon women." A man of the Ansar asked: O Messenger of Allah, what about the brother-in-law? He said: "The brother-in-law is death." Narrated by Bukhari (4934) and Muslim (2172).
Ibn Battal, may Allah have mercy on him, reports from al-Tabari: the brother-in-law (hamw) among the Arabs is every relative on the side of the husband, brother, father or uncle; as for the husband's mother, she is called mother-in-law (hama), and there is no other usage. By "the brother-in-law is death" he meant that the brother-in-law's seclusion with his brother's wife or his nephew's wife is like death in terms of the disliked seclusion; thus the Arabs describe a thing they dislike, as in al-Farazdaq's words to Jarir: "I am the death that strikes your own self: see how you mean to face it." Tha'lab said: I asked Ibn al-A'rabi about this saying "the brother-in-law is death"; he answered: it is an Arab proverb, like "the lion is death", meaning meeting him is death, and "the ruler is fire", meaning like fire: beware of it as you beware of death. Abu Ubayd said its meaning is "let him die rather than do it", which is far-fetched; the correct sense is that of Ibn al-A'rabi. To this belongs Allah's saying "and death will come to him from every quarter, yet he will not die" (Surah Ibrahim, 17), that is, like death in severity and dislike, for had it meant death itself, he would already be dead (Sharh Sahih al-Bukhari of Ibn Battal 7/359).
Al-Nawawi, may Allah have mercy on him, said: in this hadith and those after it there is the prohibition of seclusion with a non-mahram woman and the permissibility of seclusion with her mahrams; two matters agreed upon by consensus (Sharh Sahih Muslim 14/153). Al-Nawawi said further: the Prophet's words, peace be upon him, "except with a mahram" form a broken exception, for as soon as a mahram is present, seclusion no longer exists; the meaning of the hadith is therefore that a man must not sit with a woman unless a mahram is present. The phrase "a mahram" can mean a mahram of hers or a mahram of him, and this second sense is the one applied by the jurists' rules: there is no difference between a mahram of hers, like her son, her brother, her mother, her sister, and a mahram of him, like his sister, his daughter, his paternal or maternal aunt; sitting is permitted in all these cases. The hadith also applies to the husband, who is like a mahram and more fitting for permission; as for the stranger man in seclusion with the stranger woman without a third, it is forbidden by the scholars' agreement. Likewise if with them is someone before whom one need not be shy because of his young age, like a child of two or three years: his presence is like absence. Likewise if several men are in seclusion with a stranger woman: it is forbidden, unlike a man with several stranger women, which is permitted according to the sound view (Sharh Sahih Muslim 9/109).
It is said in al-Majmu': know that the mahram in whose presence sitting with the stranger woman is permitted must be someone before whom one is shy; if he is too small for that, like a child of two or three years, his presence is like absence, without disagreement. There is no difference in the prohibition of seclusion between prayer and other things, as preceded; and the blind and the seeing are equal in it. Excepted from all this are the places of necessity: if one finds a stranger woman cut off in the wilderness or the like, accompanying her is permitted, indeed obligatory upon him if he fears for her if he leaves her; there is no disagreement on this, and Aisha's hadith, may Allah be pleased with her, in the affair of the lie (al-ifk) proves it. The mahram whose presence permits sitting is either his mahram or hers, and by extension her husband and his wife (al-Majmu' 4/242).
Imam Zayn al-Din al-Iraqi, may Allah have mercy on him, said: the meaning of the prohibition of seclusion with a non-mahram woman is that it is the likely place of falling into immorality through Satan's prompting. At-Tirmidhi reported from Jabir, raised to the Prophet, peace be upon him: "Do not enter by night upon those whose husbands are absent, for Satan runs in one of you as blood runs." An-Nasa'i reported from Umar, may Allah be pleased with him, raised to the Prophet, peace be upon him: "Let no man be in seclusion with a woman, for Satan is their third." Al-Nawawi and others reported the consensus on the prohibition of seclusion with the non-mahram woman and its permissibility with the mahrams (Tarh al-Tathrib 7/39).
The Shafi'is in the famous view among them and the Hanbalis in the madhhab hold that it is not permitted for two men or more to be in seclusion with a stranger woman, based on what Muslim reported from Abdillah ibn Amr ibn al-As, may Allah be pleased with them both: a group of Banu Hashim entered upon Asma bint Umays while Abu Bakr al-Siddiq was married to her that day; he saw them and disliked it. He mentioned it to the Messenger of Allah, peace be upon him, who said: I see only good. The Messenger of Allah, peace be upon him, then stood on the pulpit and said:
"Let no man enter, after this day of mine, upon a woman whose husband is absent, unless with him is one man or two."Narrated by Muslim (2173)
Al-Nawawi, may Allah have mercy on him, said: al-mughiba, with damma of the mim and kasra of the ghayn, is the woman whose husband is absent from her home, whether he is absent from the town travelling, or only from the home while in the town, as the qadi said; and this is apparent and binding. The qadi said: its proof is this hadith, for Abu Bakr, may Allah be pleased with him, was absent from his home, not from the town (Sharh Sahih Muslim 14/155). The apparent meaning of the hadith is the permissibility for two or three men of being in seclusion with a stranger woman; the famous view of our companions is the prohibition; the hadith is therefore interpreted as referring to a group in whom collusion on immorality is improbable, on account of their uprightness, their honour or the like, and the qadi alluded to such an interpretation.
Imam Ibn Muflih, may Allah have mercy on him, said: stranger men must not be in seclusion with a stranger woman; a view can be made, based on what Ahmad and Muslim reported from Abdillah ibn Umar: the story of the Banu Hashim who entered upon Asma bint Umays, to whom Abu Bakr was married that day; he saw them, mentioned it to the Messenger of Allah, peace be upon him, who said: I see only good. Allah has declared them innocent of it; then the Messenger of Allah, peace be upon him, stood on the pulpit and said: "Let no man enter, after this day of mine, upon a woman whose husband is absent, unless with him is one man or two." Some Malikis and Shafi'is interpreted it as referring to a group in whom collusion on immorality is improbable.
The qadi said: the man known for immorality is prevented from seclusion with a stranger woman; the most famous view is the absolute prohibition, mentioned by a group. Ibn Aqil said: even to dispel a doubt that seized her or for treatment. In the rules of 'Uyun al-Masa'il: a man must not be in seclusion with a woman who is not his mahram, otherwise Satan is their third, even if she is an old deformed woman, as the hadith reported (al-Furu' 5/426). Al-Mirdawi, may Allah have mercy on him, said: stranger men must not be in seclusion with a stranger woman; in al-Furu': a view can be made, based on the story of Abu Bakr, may Allah be pleased with him, with his wife Asma bint Umays (al-Insaf 9/314).
The jurists differed over the seclusion of a man with several stranger women. The Hanafis and a Shafi'i opinion hold that it is not permitted: the Hanafis say that seclusion with the stranger woman is forbidden for fear of fitna and of falling into the unlawful, even with other women present. Al-Kasani, may Allah have mercy on him, said: for this reason seclusion with the stranger woman is forbidden even with another woman present (Bada'i' al-Sana'i' 2/123). Al-Zayla'i, may Allah have mercy on him, said the like (Tabyin al-Haqa'iq 2/5; see: Bada'i' al-Sana'i' 5/125, al-Hidaya 1/135, al-Bahr al-Ra'iq 2/339).
Ibn Abidin, may Allah have mercy on him, said: the words of al-Qunya "without a mahram between them" indicate that with a mahram there is no seclusion; it follows that the forbidden seclusion is removed by an intervening party, by the presence of a mahram or of a trustworthy, capable woman. Is it also removed by the presence of another stranger man? I have seen nothing on it. But in Imadat al-Bahr, from al-Isbijabi: it is disliked for women to be led in prayer in a house with no man and no mahram among them, like his wife, his slave woman or his sister; if there is only one of them, it is not disliked, and likewise if he leads them in the mosque. The general use of the word mahram for all those mentioned is by preponderance; the cause of the dislike is seclusion, and its import is that it is removed by the presence of another man, but it also indicates that it is not removed by the presence of another woman, contradicting what preceded about the trustworthy woman.
I then read in Munyat al-Mufti this text: seclusion with the stranger woman is disliked even with another present, with a dislike of prohibitive degree. It appears to me that the trustworthy woman means an old woman with whom one does not normally marry, and who is able to defend herself and the new bride: let this be pondered (Hashiyat Ibn Abidin 6/368, 369). The Shafi'is in the famous view hold that a man may be in seclusion with several stranger women even without a mahram among them.
Al-Nawawi, may Allah have mercy on him, said: Imam al-Haramayn said: none of our companions required that a mahram or a husband be with each of them. Al-Qaffal meant by his words the ruling of seclusion: just as it is forbidden for a man to be in seclusion with one woman, it is forbidden for him to be in seclusion with several women; and if a man is in seclusion with several women while he is a mahram to one of them, it is permitted; likewise if a woman is in seclusion with several men and one of them is her mahram. Al-Shafi'i explicitly stated that a man may not lead women alone in prayer unless one of them is his mahram: this is the text cited by Imam al-Haramayn. The author of al-'Udda reported from al-Qaffal about seclusion the same thing word for word, citing al-Shafi'i's text on the prohibition of seclusion with women alone. The famous view is the permissibility of a man's seclusion with women with no mahram among them, for the absence of corruption in general, for women are shy before one another in this (al-Majmu' 7/56).
Shaykh al-Islam Zakariyya al-Ansari, may Allah have mercy on him, said: a stranger man may be in seclusion with two women, and not the reverse: two stranger men must not be in seclusion with a woman, even after agreeing upon immorality, as al-Nawawi explicitly stated in his Majmu'. But in the Sharh of Muslim he interpreted "let no man enter upon a woman whose husband is absent, unless with him is one man or two" as referring to a group in whom collusion on immorality is improbable, on account of uprightness or honour. Al-Zarkashi said: interpretation departs here from the chosen view, and he reported it as an opinion in al-Majmu' in the chapter on the qualities of imams (Asna al-Matalib 3/407).
The Hanbalis say: it is disliked for a man to lead a stranger woman, or more, in prayer with no man among them, for the Prophet, peace be upon him, forbade the seclusion of a man with a woman, and because of the mixing with the whisperer; but if it involves seclusion, it is forbidden. If he leads his mahrams or stranger women with a man or her mahram present, there is no dislike, for the women used to attend the prayer with the Prophet, peace be upon him (al-Mughni 2/16, Sharh Muntaha al-Iradat 1/570). There is no disagreement among the jurists: seclusion with a stranger woman is permitted in case of necessity.
Al-Nawawi, may Allah have mercy on him, said: excepted from this prohibition are the places of necessity, such as finding a stranger woman cut off in the wilderness or the like: accompanying her is then permitted, indeed obligatory upon him if he fears for her if he leaves her; there is no disagreement on this, and Aisha's hadith, may Allah be pleased with her, in the affair of the lie proves it (al-Majmu' 4/242). Al-Tabari, may Allah have mercy on him, said: a man must not be in seclusion with a woman who is not his mahram, travelling or resident, except in a situation where he has no alternative to seclusion with her, such as seclusion with his wife's slave girl who serves him during his wife's absence; al-Thawri granted license in that (Sharh Sahih al-Bukhari of Ibn Battal 7/358).
Imam al-Bukhari, may Allah have mercy on him, gave a chapter the title: "what permits a man to be in seclusion with a woman among people", and reported in it hadith 4936, from Hisham: I heard Anas ibn Malik, may Allah be pleased with him, say:
"A woman of the Ansar came to the Prophet, peace be upon him, and he was in seclusion with her; he said: by Allah, you are the people dearest to my heart."Narrated by Bukhari (4936)
Ibn Battal, may Allah have mercy on him, said: al-Muhallab said: the legal benefit of this hadith is that there is no harm for the scholar, or the man known for uprightness, in being in seclusion with a woman apart from people, so that she confides her questions to him and asks him about the inner matters of her religion and other affairs. If it is said: the hadith does not mention that he was in seclusion with her among people, as the title indicates; it is answered: Anas's words "he was in seclusion with her" indicate that he was with the people and withdrew with her to a side, at the very least with Anas, the narrator of the story, present. And "he was in seclusion with her" did not mean that he passed out of their sight, but that he was alone with her where those who heard her complaint did not hear it: did they not hear his words to her: "you are the people dearest to my heart", meaning the Ansar, the woman's people (Sharh Sahih al-Bukhari of Ibn Battal 7/360, 361)?
Al-Hafiz Ibn Hajar, may Allah have mercy on him, said: his title means that the man does not seclude with her so that their two persons are hidden from the people, but where they do not hear their conversation if there is something to be kept, like what the woman is shy to mention among people. The author took the expression "among people" in the title from one of the chains of the hadith: "he was in seclusion with her in one of the paths", that is, the frequented roads that people usually travel. "From Hisham": he is Ibn Zayd ibn Anas, already mentioned in the merits of the Ansar through the chain of Bahz ibn Asad, from Shu'ba; and this occurs also in Muslim's narration. In Bahz ibn Asad's narration are added the words: "and with her was her little boy, and the Messenger of Allah, peace be upon him, spoke with her"; and "the Messenger of Allah, peace be upon him, was in seclusion with her" means in one of the paths.
Al-Muhallab said: Anas did not mean that he secluded himself out of the sight of those who were with him, but that he was alone with her where those present heard neither her complaint nor the conversation that took place between them; this is why Anas heard the end of the words and transmitted them, without transmitting the conversation, because he had not heard it. In Muslim, through the chain of Hammad ibn Salama, from Thabit, from Anas: "a woman whose mind was affected said: O Messenger of Allah, I have a need of you; he said: O mother of so-and-so, take whichever path you wish and I shall fulfil your need." Abu Dawud reported a similar wording through the chain of Humayd, from Anas, without the mention of her affected mind.
As for his words: "by Allah, you are the people dearest to my heart", Bahz's narration adds: "twice", and Wahb ibn Jarir reports it, in the chapters on oaths and vows, with the words: "three times". The hadith contains a merit for the Ansar, the breadth of the Prophet's clemency, peace be upon him, his humility and his patience in fulfilling the needs of the small and the great; and the fact that private conversation with a stranger woman, in secret, does not harm the religion when fitna is safe. But the matter is as Aisha said: "Which of you can control his instinct as the Prophet, peace be upon him, controlled his?" (Fath al-Bari 9/333).