Khalwa (seclusion with a woman)

الخلوة

Seclusion is lexically being alone with a thing in an empty place; it is linked to solitude, withdrawal and concealment. ¹² Being alone with oneself is lawful and may be recommended for remembrance and worship; with others it is lawful between two men, two women, a man and his mahram or his wife, and between a man and a woman in public where their talk is not heard; it is forbidden with a non-mahram woman. ²³ Seclusion with a non-mahram woman is forbidden by agreement, on the report "no man is alone with a woman but the devil is the third"; the Hanafis excuse a creditor who sheltered a fleeing debtor; seclusion for treatment is forbidden unless a mahram, a husband or a trustworthy woman is present, on the sounder view. ³⁴ Seclusion with others present: the Shafiis forbid a man to be alone with several women as with one, but the usual Shafii view allows a man with two trusted women, or men with a woman if collusion is unlikely; the Hanafis lift the prohibition with a trustworthy woman or a mahram present; the Malikis dislike a man praying among women's rows; the Hanbalis forbid a man alone with several women. ³⁴ The betrothed is a non-mahram to her suitor, so seclusion with her is forbidden by agreement; seclusion with a beardless youth is forbidden if he is handsome and temptation is feared; seclusion with mahrams is lawful, including with a woman divorced by a revocable divorce. ⁴⁵ Seclusion that has effects (the valid seclusion of the Hanafis, the sufficient seclusion of the Malikis): no bar to intercourse, whether physical, legal or natural; physical bars are illness, childhood, closure or horns; legal bars are fasting, pilgrim's state and menstruation; natural bar is a third person present; it is not valid in a mosque, the road, the open desert or an uncovered roof. ⁵⁶⁶ The Malikis require an adult who is not castrated and a woman able to bear intercourse, with a curtain drawn or door closed; the Shafiis in the new view give no effect to seclusion, citing the verse on touching; the Hanbalis give it effect when the man is adult and can have intercourse, even if asleep, blind or under a legal bar. ⁶⁷⁷⁸ Effect on the dower: most jurists require the full dower by a valid seclusion, citing the report of uncovering a wife's veil and the agreement of the Companions reported by al-Tahawi; the Shafiis in the new view give it no effect. ⁸⁹ Effect on the waiting period: the Hanafis, Malikis and Hanbalis require the waiting period after valid seclusion in a valid marriage; the Shafiis in the new view do not, without intercourse. ⁹ Effect on return to the wife: the Hanafis say seclusion is not a return; the Malikis require knowledge of consummation and no denial of intercourse for a return; Ibn Qudama holds seclusion equal to intercourse for a return on the apparent words of al-Kharaqi. ¹⁰ Effect on descent: the Hanafis, Shafiis and Hanbalis establish paternity by seclusion, and the Shafiis make the wife a bed by mere possibility. ¹⁰ Effect on marriage bars: valid seclusion bars the sister and four others during the waiting period; on the daughter of the wife there is dispute: the Hindiyya says seclusion does not equal intercourse; Abu Yusuf does not bar her if he was alone with her while fasting or in ihram, Muhammad does; the Hanbalis' best-known view bars the stepdaughter, al-Qadi and Ibn Aqil do not. ¹⁰¹¹¹¹