Narrated Abdullah ibn Abbas: A man came to the Prophet (ﷺ), and said: My wife does not prevent the hand of a man who touches her (i.e. who fornicates with her). He said: Divorce her. He then said: I am afraid my inner self may covet her. He said: Then (keep) enjoying her (as your wife).
Grade: Sahih (Al-Albani)
Except for Ibn 'Abbas, this same hadith has also been narrated by Hisham (the slave of Muhammad) and companion Jabir bin Abdullah (جابر بن عبدالله).
Ibn Kathir recorded it from Hisham and Jabir bin Abdullah Ansari (link):
ومنهم هشام مولى النبي صلى الله عليه وسلم قال محمد بن سعد: أنبأنا سليمان بن عبيد الله الرقي، أنبأنا محمد بن أيوب الرقي، عن سفيان، عن عبد الكريم، عن أبي الزبير عن هشام مولى رسول الله صلى الله عليه وسلم. قال: جاء رجل فقال يا رسول الله إن امرأتي لا تدفع يد لامس، قال " طلقها " قال: إنها تعجبني، قال " فتمتع بها " قال ابن منده وقد رواه جماعة عن سفيان الثوري، عن أبي الزبير، عن مولى بني هاشم عن النبي صلى الله عليه وسلم ولم يسمه. ورواه عبيد الله بن عمرو عن عبد الكريم عن أبي الزبير عن جابر.
" A man came and said, 'O Messenger of Allah, my wife does not repel my touch.' He said, 'Divorce her.' The man said, 'But I love her.' He said, 'Then enjoy her.'
Note: In this hadith, the phrase "يَدَ لاَمِسٍ" is used, which literally means "to touch." However, according to Arabic language usage, it carries the meaning of "to engage in sexual intercourse." The same term "to touch" has been employed with the same connotation of "engaging in sexual intercourse" in the Quran itself.
Quran 2:237:
وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ
And if ye divorce them before touching them (i.e. doing intercourse), but after the fixation of a dower for them, then the half of the dower (Is due to them)
All Muslim Scholars are unanimous that “touching” here means to engage in sexual intercourse.
For example, Ibn Kathir writes in the commentary under this verse 2:237, that it means "penetration دخول" (link):
هذه الآية الكريمة مما يدل على اختصاص المتعة بما دلت عليه الآية الأولى، حيث إنما أوجب في هذه الآية نصف المهر المفروض إذا طلق الزوج قبل الدخول
This Ayah (2:237) requires the husband to relinquish half of the appointed Mahr if he divorces his wife before the penetration (الدخول) i.e. before the marriage is consummated.
Are you able to see the contradiction where, on one hand, there is a draconian punishment of 'stoning till death' by Islamic Sharia if a married woman engages in sex? But on the other hand, if she is beautiful, then this same Islamic Sharia is teaching to keep enjoying her only for your lust.
Please also see the verse An-Nisa 4:43
Quran 4:43:
"يَا أَيُّهَا الَّذِينَ آمَنُواْ لاَ تَقْرَبُواْ الصَّلاَةَ وَأَنتُمْ سُكَارَى حَتَّىَ تَعْلَمُواْ مَا تَقُولُونَ وَلاَ جُنُبًا إِلاَّ عَابِرِي سَبِيلٍ حَتَّىَ تَغْتَسِلُواْ وَإِن كُنتُم مَّرْضَى أَوْ عَلَى سَفَرٍ أَوْ جَاءَ أَحَدٌ مِّنكُم مِّنَ الْغَائِطِ أَوْ لاَمَسْتُمُ النِّسَاء فَلَمْ تَجِدُواْ مَاء فَتَيَمَّمُواْ صَعِيدًا طَيِّبًا فَامْسَحُواْ بِوُجُوهِكُمْ وَأَيْدِيكُمْ إِنَّ اللّهَ كَانَ عَفُوًّا غَفُورًا"
"O you who believe! Approach not As-Salat (the prayer) when you are in a drunken state until you know (the meaning) of what you utter, nor when you are in a state of Janaba, (i.e. in a state of sexual impurity and have not yet taken a bath) except when traveling on the road (without enough water, or just passing through a mosque), till you wash your whole body. And if you are ill, or on a journey, or one of you comes after answering the call of nature, or you have touched a women (i.e. engaged in sexual intercourse) and you find no water, perform Tayammum with clean earth and rub therewith your faces and hands (Tayammum). Truly, Allah is Ever Oft-Pardoning, Oft-Forgiving."
Merely touching a woman does not require one to take a bath. However, it is sexual intercourse that leads to a state of Janaba, indicating sexual impurity, for which a bath is necessary.
The contradiction between the Quran and Muhammad
1st Contradiction:
On one hand, Muhammad emphasized the importance of modesty, decency, chastity, and the practice of Hijab, discouraging interactions with the opposite gender, and prescribing the severe punishment of stoning for adultery. On the other hand, Muhammad instructed his companion to continue enjoying his beautiful wife, even in the event of her engaging in adultery with other men (companions?).
2nd Contradiction:
During the incident of IFK, three companions testified against 'Aisha's character. However, Muhammad desired to clear 'Aisha of the accusation, as it indirectly challenged his claim of prophethood. Consequently, he claimed the revelation of the following verses, which were intended to serve as evidence of 'Aisha's innocence.
Quran 24:3:
ٱلزَّانِى لَا يَنكِحُ إِلَّا زَانِيَةً أَوْ مُشْرِكَةً وَٱلزَّانِيَةُ لَا يَنكِحُهَآ إِلَّا زَانٍ أَوْ مُشْرِكٌ
The fornicator does not marry except a [female] fornicator or polytheist, and none marries her except a fornicator or a polytheist
Quran 24:26:
ٱلْخَبِيثَٰتُ لِلْخَبِيثِينَ وَٱلْخَبِيثُونَ لِلْخَبِيثَٰتِ ۖ وَٱلطَّيِّبَٰتُ لِلطَّيِّبِينَ وَٱلطَّيِّبُونَ لِلطَّيِّبَٰتِ أُو۟لَٰٓئِكَ مُبَرَّءُونَ مِمَّا يَقُولُونَ
Impure women are for impure men and impure men for impure women, and pure women are for pure men and pure men for pure women. They are free from those scandals which the slanderers utter.
However, in instructing his companions to continue deriving sexual pleasure from his beautiful wife, Muhammad seemingly overlooked the fact that during the incident of IFK, he had already declared that pure men are meant for pure women.
It is important to note that this occurrence proves that there exists no Allah in the heavens, and Muhammad, being human, made this mistake due to forgetfulness.
Now, it is up to you to decide whether a religion with such significant contradictions can truly originate from a divine being in the heavens.
"The Messenger of Allah said: "There are three at whom Allah will not look on the Day of Resurrection: The one who disobeys his parents, the woman who imitates men in her outward appearance, and the cuckold (i.e. a man whose wife is sexually unfaithful).
It serves as another evidence of Muhammad's contradiction. He expressed one viewpoint on a certain matter and contradicted himself on another. Being a human, he was susceptible to making such mistakes.
The issue of Parentage of the child
Another aspect to consider is the issue of parentage, which becomes exceedingly complex if the woman is conceiving a child from her husband or other men who engage in sexual relations with her.
Interestingly, in this case, Muhammad seemed to overlook the fact that he had mandated severe punishments for unmarried couples, all in the name of safeguarding the child's lineage.
When Muslims are questioned about why Islam imposes such draconian punishments like stoning to death, they proudly assert that it is to protect the child's parentage, preventing them from living under the same roof as non-Mahram siblings.
However, do these Muslims realize that a child born to such a beautiful woman from another man is considered non-Mahram to the husband's other wives and daughters? Yet, the husband is obligated to bestow his name upon that child and raise him alongside his other wives and daughters in the same household.
Why is it that Muslims are unable to perceive these logical contradictions within their religion?
1st excuse from Islamic apologists: This hadith is only about a barren women
An Islamic apologist stated:
Imam Abu Dawud recorded this hadith under the chapter titled "Prohibition of Marrying Women Who Do Not Give Birth." This implies that there would be no issue of parentage while continuing to enjoy her as a wife.
Response:
There is no explicit indication within this hadith itself that it solely pertains to barren women. The absence of any mention of barren women is consistent across all versions of this hadith, including the one narrated by Ibn Abbas. Therefore, it holds no significance that Abu Dawud recorded it under a chapter concerning barren women. No angel came to Abu Dawud directly to inform him that this hadith exclusively applies to barren women.
Furthermore, if we consider this logically, there are many couples who do not conceive despite attempting for numerous years. However, after several years, the wife does become pregnant. In that era, there was no definitive way to determine if a woman was barren or not.
Moreover, even in the case of a barren wife, it is not permissible to engage in sexual relations with other men. Would you continue to refer to her as a "pure woman" who is suitable for a "pure religious husband" like yourself?
2nd Excuse: The Prophet didn't 'stone her to death while no 4 witnesses were present
It is important to recognize the tactics employed by some Islamic apologists. They initially frame the issue as "stoning her to death" and then proceed to defend Muhammad by suggesting that he could not carry out the punishment without the presence of four witnesses.
However, the focus should not be on stoning her to death but rather on simply divorcing and separating from her. For that, the husband did not require four witnesses.
The Prophet himself advised the man in this hadith to divorce her, indicating that it was a viable option.
However, when the man expressed his desire to continue enjoying his wife's physical beauty, the Prophet allowed him to satisfy his lust with a wife who engaged in fornication with other men.
PS:
This same tradition is found in the Fiqh rulings as well. It is mentioned in the Fiqh book of Imam Hanifa (Dur-e-Mukhtar, vol. 2, Kitab-ul-Nikah):
Issue:It is permissible to wed a woman, who fornicates. Even if man has himself seen her doing fornication, still he can marry her ... and what Allah said in the Quran {The fornicator does not marry except a [female] fornicator or polytheist, and none marries her except a fornicator or a polytheist (Quran 24:3)}, then the answer to this objection is this, that this verse has been abrogated from this verse { فَانْكِحُوْا مَا طَابَ لَكُمْ then marry the women that seem good to you (Quran 4:3)}. And the proof of this abrogation is this tradition, where a man came to the Prophet (ﷺ), and said: My wife does not prevent the hand of a man who touches her (i.e. who does sex with her). He (the Prophet) said: Divorce her. He then said: I am afraid my inner self may covet her. He (the Prophet) said: Then enjoy her.
Hassan Radwan
