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Although the Muslim historian Waqidi denied this embarrassing story (even while reporting it), the British historian Muir points out that nobody had any reason to fabricate it. The tradition is from two independent sources, both of whom were biased in Muhammad’s favour and neither of whom had any reason to disparage Khadija’s father or his clan. Two further independent sources, without mentioning the drunken party, state that it was Khuwaylid who married Khadija to Muhammad. Although Waqidi claims that it was Khadija’s uncle who gave her away because her father had died before the Sacrilegious War (591-594), his pupil Ibn Saad names Khuwaylid as a commander in that war. Muir therefore concludes that the tradition of Khuwaylid’s death “has been invented, to throw discredit on the story of his drunkenness.”<ref>[http://www.answering-islam.org/Books/Muir/Life2/chap2.htm/ Muir (1861) vol. 2 p. 24f]. See also {{Tabari|6|pp. 48-50}}; Ibn Hisham note 918.</ref> | Although the Muslim historian Waqidi denied this embarrassing story (even while reporting it), the British historian Muir points out that nobody had any reason to fabricate it. The tradition is from two independent sources, both of whom were biased in Muhammad’s favour and neither of whom had any reason to disparage Khadija’s father or his clan. Two further independent sources, without mentioning the drunken party, state that it was Khuwaylid who married Khadija to Muhammad. Although Waqidi claims that it was Khadija’s uncle who gave her away because her father had died before the Sacrilegious War (591-594), his pupil Ibn Saad names Khuwaylid as a commander in that war. Muir therefore concludes that the tradition of Khuwaylid’s death “has been invented, to throw discredit on the story of his drunkenness.”<ref>[http://www.answering-islam.org/Books/Muir/Life2/chap2.htm/ Muir (1861) vol. 2 p. 24f]. See also {{Tabari|6|pp. 48-50}}; Ibn Hisham note 918.</ref> | ||
This story highlights the Arab assumption that marriage was a contract between bridegroom and father-in-law in which they transferred the guardianship of a woman. It was somewhat similar to buying a camel: the purchase required the consent of the vendor. Muhammad never questioned this view of marriage. It would have been highly convenient for him to perceive some of his marriages, including the one to Khadija, as purely a contract between husband and wife. Yet there is no evidence that this concept ever occurred to him, even after he declared himself the final prophet who was wise for all time and had authority to change all the rules. To the end of his life, he was particular about meeting the legal requirement to contract with a guardian;<ref>E.g., see Bewley/Saad 8:63, 65; {{Tabari|39|pp. 178-179}}; Bewley/Saad 8:105.<ref> he never questioned that every woman belonged to some man. Khadija, in outwitting the system that worked against her, showed herself a more creative thinker than her bridegroom. | This story highlights the Arab assumption that marriage was a contract between bridegroom and father-in-law in which they transferred the guardianship of a woman. It was somewhat similar to buying a camel: the purchase required the consent of the vendor. Muhammad never questioned this view of marriage. It would have been highly convenient for him to perceive some of his marriages, including the one to Khadija, as purely a contract between husband and wife. Yet there is no evidence that this concept ever occurred to him, even after he declared himself the final prophet who was wise for all time and had authority to change all the rules. To the end of his life, he was particular about meeting the legal requirement to contract with a guardian;<ref>E.g., see Bewley/Saad 8:63, 65; {{Tabari|39|pp. 178-179}}; Bewley/Saad 8:105.</ref> he never questioned that every woman belonged to some man. Khadija, in outwitting the system that worked against her, showed herself a more creative thinker than her bridegroom. | ||
This story also reveals how Khadija and Muhammad understood consent. It did not need to be “free” or “informed”; any type of consent was legally binding. This theme was to recur in Muhammad’s life. He was to extract consent at sword-point,<ref>E.g., Guillaume/Ishaq 547.</ref> under duress,<ref>E.g., Guillaume/Ishaq 314-315. Bewley/Saad 8:87-88.</ref> from an immature or unsound mind,<ref>E.g., Bewley/Saad 8:43.</ref> by withholding essential information,<ref>E.g., Guillaume/Ishaq 463-464. {{Tabari|39|p. 165}}.</ref> by offering a false dichotomy between two bad alternatives,<ref>Bewley/Saad 8:40. Guillaume/Ishaq 493.</ref> by exploiting spiritual beliefs,<ref>[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=33&tAyahNo=36&tDisplay=yes&UserProfile=0/ Jalalayn, ''Tafsir'' Q33:36]. See also {{Quran|33|36}}. {{Bukhari|3|43|648}}, {{Muslim|4|3511}}.</ref> through bribery<ref>Guillaume/Ishaq 438; 594-597.</ref> or by making promises that he intended to break.<ref>E.g., Guillaume/Ishaq 504, 509. Bewley/Saad 8:181-182.</ref> Yet he never suggested there was any kind of ethical problem in extracting consent in whatever manner might succeed; it was the one who consented to Muhammad, no matter how, who was morally obliged to stand by his word. | This story also reveals how Khadija and Muhammad understood consent. It did not need to be “free” or “informed”; any type of consent was legally binding. This theme was to recur in Muhammad’s life. He was to extract consent at sword-point,<ref>E.g., Guillaume/Ishaq 547.</ref> under duress,<ref>E.g., Guillaume/Ishaq 314-315. Bewley/Saad 8:87-88.</ref> from an immature or unsound mind,<ref>E.g., Bewley/Saad 8:43.</ref> by withholding essential information,<ref>E.g., Guillaume/Ishaq 463-464. {{Tabari|39|p. 165}}.</ref> by offering a false dichotomy between two bad alternatives,<ref>Bewley/Saad 8:40. Guillaume/Ishaq 493.</ref> by exploiting spiritual beliefs,<ref>[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=33&tAyahNo=36&tDisplay=yes&UserProfile=0/ Jalalayn, ''Tafsir'' Q33:36]. See also {{Quran|33|36}}. {{Bukhari|3|43|648}}, {{Muslim|4|3511}}.</ref> through bribery<ref>Guillaume/Ishaq 438; 594-597.</ref> or by making promises that he intended to break.<ref>E.g., Guillaume/Ishaq 504, 509. Bewley/Saad 8:181-182.</ref> Yet he never suggested there was any kind of ethical problem in extracting consent in whatever manner might succeed; it was the one who consented to Muhammad, no matter how, who was morally obliged to stand by his word. | ||