# Abu Hanifa and Sufyan al-Thawri on the swapped brides of Kufa

- URL: https://muftiabulayth.org/r/qbvwbhoizw4/s/8/
- Date: 2016-12-21 · Kind: lesson · Transcript tier: machine · Recording: Islam in the 21st Century | Mufti Abu Layth | Ha Meem Foundation (45:14–54:46)
- Status: general teaching
- Watch from the start of the segment: https://www.youtube.com/watch?v=QBvWBHOIzW4&t=2714s
- Recording page: https://muftiabulayth.org/r/qbvwbhoizw4/

**Topics:** Scholars and imams of the past; The marriage contract

**Summary (not a quotation; machine-made, unchecked):** Abu Hanifa's creative answer to two brides sent to the wrong grooms, outshining Sufyan al-Thawri's ruling, shows the scholars were never dull.

## Longer summary

Mufti Abu Layth tells an incident from Kufa involving Sufyan al-Thawri, a contemporary of Abu Hanifa with whom he had differences but mutual respect. At a double wedding the two brides were taken to the wrong grooms and the marriages consummated, and the leading scholars of Kufa were called. Sufyan al-Thawri, citing a precedent from the companions, ruled that each woman should observe a waiting period and then return to her own husband; Abu Hanifa instead asked whether each groom was happy with the bride he had received, then had each divorce his original wife and marry the woman sent to him, who could move in at once since any waiting period was from him, sparing them lasting grudges. Mufti calls it a creative, innovative ijtihad, says the classical scholars were never dull, prays to be connected to this legacy, and then invites questions.

## Sources and names cited

- Abu Hanifa
- Sufyan al-Thawri
- 'iddah (waiting period)
- ijtihad
- nikah

## Transcript (machine tier, 45:14–54:46)

[44:37] something people like what the hell seriously and when they start to learn about these people humor is something I'm telling you it goes so far those I mean provided somebody has not just if they forcing it but if they've got you'll be surprised to learn how much the classical loved humor they used to say about Sufi that he would laugh so much that he would stamp his feet on the ground fall on the floor stamping this is a a much ml who who I say ran ran his own mhab if you like he was a Don on

[45:14] that level that he had his own M this is his type of you know his type of approach his type of attitude I mean and these people they used to at that time all these these heavy I want to say heavy weights of they obviously a lot of them they all knew each other they met each other and it's amazing since I mentioned sofana thodi I do actually want to I want to hear some questions from you but I'll give you a little incident about sofana thodi here's an incident sanori was from kufa he's from around the same type of time as he was a contemporary to Imam Abu hanifah they had their differences

[45:51] so sometimes they didn't always see I to ey but there was a huge amount of respect and everything but sui once there's a a particular Gathering that he's called to with IM Abu hanifah and some other heavy weights of the area of kufa and there was some heavy weight there was people like I don't know if you've heard of the names of ABA and there's there's a few of these you know kufa had its its type obviously IM Abu hanifah was unquestionably one of the heavyweights the there's this incident there's there's a a wedding here talk about since you want to make a bit Bollywood here's an interesting one there's a

[46:30] wedding where two guys are getting married and not to each other relax they weren't that Advantage people like huh that liberal I I like sopana though it wasn't that liberal but the thing is they're getting they're getting married two women now what happens is they read the the nikah and everything and and you know how it was sometimes the culture it's all you know the women on this side men over wherever they are and they're doing this thing

[47:10] and and now they what they used to do there was they would take the bride to the groom's house and that's it you know they would kind of take him that same day the procession it wasn't as big as as suppose the weddings nowadays but they would do their little thing and then take them I'll have them ushered there and you know the bride's all covered and everything like this and so fine so they do that they take the brides off and whatever and and that's it they have the you know they're with their husbands now what happens is they do this the next morning everybody gets up and everybody's all good and they come and they realize damn they actually accidentally did a wife swap they sent the wrong wife into the wrong

[47:48] house it's a true incident this is the kabushi kab [Laughter] it wasi and now like what the hell it's like so they're thinking damn so I realized wait a minute so that's not my name so why are you calling me that uh [Laughter] oh so so they like what should we do because obviously the marriage has been consummated everything you know so they think damn what should we do what should we do so they call an emergency type they go to the local M ask him

[48:27] scholar he's like I don't know what the hell to do what you do say this this is a crisis situation we got to turn up the what is it the security level here this is like we need some heavy weights so they call so they call for a meeting they go call the top Dons that we've got here in kufa call them down so so they invite a few of them amongst them they invite sufan thori they invite uh a few of these and amongst them obviously IM Abu hanifah so these people com at emergency cabinet meeting they're here they arrive it's like this is the story man the the Grooms are baffled the wives

[49:06] are baffled they don't know what to do so eventually they all start brainstorming start thinking here you do in this incident you see the Brilliance of IM Abu hanifah so so all those who think I hate on Hani speak this is this will stand Testament so sophiana auor is there as well and sopori says okay I transmit from like there's not identical but there's a similar there's a type of incident in in uh judicial precedent really from dating back to the sahaba something not identical but something happen and this is the ruling what we're

[49:44] going to give the ruling is that okay that's fine it's happened you know it's by [Laughter] accident one of those it happens one off now so what we're going to do is the women will go sit in because they've obviously just in case you never know they could be pregnant whatever they're going to sit an uh after the is over they will return to the to their actual husbands and so that is a must like they can't return like this because obviously an is necessary so people are like okay that

[50:24] it is then so think that's fine you know one of them has a narration so at that point Allah IM abif looks up he pushes up his imama goes just hang on a minute there he says wait there he says bring me the Grooms so they bring the Grooms to him say how' you guys pull this off man no he doesn't to say that I didn't say that just claim don't

[51:01] want like a hanf hit on my head he said he goes he asks them he says tell me he says that the wife that was sent to you accidentally of course everything okay yeah okay says but how how did you find her the one that you did end up with she okay was she good everything fine says yeah says all right says okay ask the the guy what do you he says I want somebody to go ask the women that we know that you were you know Miss sent but what where you were how was that right how would you I don't know

[51:41] how to say this how would you I don't want to say anything was going to say how would you forget it how would you rate the the whole the how is the thing anyway how was was the person okay as a person would you so anyway they say yeah but obviously it was wrong I mean it was sent wrong but yeah it was fine it was good he says to the Grooms how would you be happy to keep her as a wife so that groom says groom a says yeah okay the other one punches

[52:20] him the other one says yeah fine so he says okay so what you will do each one of you will give T to your actual wife you will do a nikah today with this with the new one the one that was sent to you you can move in straight away because is technically from

[52:47] you so this way he says if you do go with what sufana thori said then the issue is that although you will return to your original wives but some of you may forever kind of feel a little Grudge what the hell you know that guy was with my wife and I was like what the hell and even though it's an accidental thing but I suppose imagine you bump into each other that awkward silence so so the thing is now so he says so in order to avoid that since you're happy with the person so why not just get married to this person they say fine

[53:27] so they gives and they move in and look at the Brilliance the thinking on the spot so you can see why sanori was probably like it's overruled my ruling again but so it it works out amazingly well actually and but that that IAD was quite Innovative almost in a good way from Imam Abu hanifah it's very creative but this is the type of Brilliance that we have in our Legacy I mean it's it's amazing to read about these people they they're not by there's never you know when you find them in the books and you find them alive and you find them full of life never a dull

[54:06] moment or never a dull thing about them so I mean may Allah subhana tala connect us with this Legacy of ours and kind of allow us to not only learn it but to convey it to those who come after us a mean I would I don't know about time restraints I I did actually want to have maybe see some questions you guys had or something like this but I don't know how are we pushed for I mean if we do have cuz actually to be honest with you one is you know when you go to a place and you just talk to people okay it's can be fun and everything but you don't know what the people actually have got on their mind somebody could be oh

## Cite

Mufti Abu Layth Archive, segment QBvWBHOIzW4/s/8. https://muftiabulayth.org/r/qbvwbhoizw4/s/8/

Not a fatwa: these answers were given to specific people at specific times. Ask a qualified scholar about your own situation.