Marriage (Kitab Al-Nikah)
كتاب النكاح
Chapter 24: Seeking The Girl's Permission
Abu Dawud said: This tradition has also been narrated by Abu 'Amr Dhakwan on the authority of 'Aishah who said: A virgin is ashamed of speaking, Messenger of Allah. He said: Her silence is her acceptance.
The Prophet (ﷺ) said: Consult women about (the marriage of) their daughters.
Chapter 13: Women Whom It Is Disliked To Combine Between (In Marriage)
Abu Hurairah reported The Apostle of Allaah(ﷺ) as saying “ A woman should not be married to one who had married her paternal aunt or a paternal aunt to one who had married her brother’s daughter or a woman to one who had married her maternal aunt or maternal aunt to one who had married her sister’s daughter. A woman who is elder (in relation) must not be married to one who had married a woman who is younger (in relation) to her nor a woman who is younger (in relation) must be married to one who has married a woman who is elder (in relation) to her.”
Ibn Shihab said “’Urwah bin Al Zubair asked A’ishah, wife of the Prophet(ﷺ) about the Qur’anic verse “And if ye fear that ye will not deal fairly by the orphans, marry of the women, who seem good to you.” She said “O my nephew, this means the female orphan who is under the protection of her guardian and she holds a share in his property and her property and beauty attracts him; so her guardian intends to marry her without doing justice to her in respect of her dower and he gives her the same amount of dower as others give her. They (i.e., the guardians) were prohibited to marry them except that they do justice to them and pay them their maximum customary dower and they were asked to marry women other than them (i.e., the orphans) who seem good to them. ‘Urwah reported that A’ishah said “The people then consulted the Apostle of Allaah(ﷺ) about women after revelation of this verse. Thereupon Allaah the Exalted sent down the verse “They consult thee concerning women. Say Allaah giveth you decree concerning them and the scripture which hath been recited unto you(giveth decree) concerning female orphans unto whom you give not that which is ordained for them though you desire to marry them. “ She said “The mention made by Allaah about the Scripture recited to them refers to the former verse in which Allaah has said “And if ye fear that ye will not deal fairly by the orphans, marry of the women, who seem good to you.” A’ishah said “The pronouncement of Allaah, the Exalted in the latter verse “though you desire to marry them” means the disinterest of one of you in marrying a female orphan who was under his protection, but she said little property and beauty. So they were prohibited to marry them for their interest in the property and beauty of the female orphans due to their disinterest in themselves except that they do justice )to them). The narrator Yunus said “Rabi’ah said explain the Qur’anic verse “And if ye fear that ye will not deal fairly by the orphans” means “Leave them if you fear (that you will not do justice to them), for I have made four women lawful for you.”
‘Ali bin al-Hussain said that when they returned to Madeenah from Yazid bin Mu’awiyah the place of massacre of Al Hussain bin Ali(may Allaah be pleased with him) Al Miswar bin Makhramah met them and said “tell me if you have any need for me. I said to him “No”. He then said Will you not give me the sword of the Apostle of Allaah(ﷺ)? I fear the people may not take it from you by force. (He said) By Allaah if you give it to me no one can take it from me so long as I am alive. Ali bin Abi Talib (may Allaah be pleased with him) asked for the hand of Abu Jahl’s daughter in marriage after the marriage with Fathima. I heard the Apostle of Allaah(ﷺ) say while he was addressing the people about this matter on the pulpit and I was mature in those days. Fathima is from me and I am not afraid that she will be tried in respect of her religion. He then mentioned his other son-in-law who belonged to Banu ‘Abd Shams. He admired him immensely for his relationship with him and extolled him well. He said “He talked to me and talked truly and he made promise with me and fulfilled it. I do not make lawful what Is unlawful and unlawful what is lawful. But, by Allaah the daughter of the Apostle of Allaah(ﷺ) and the daughter of the enemy of Allaah can never be combined together.
The aforesaid tradition has also been transmitted by Ibn Abi Mulaikah. He said “’Ali (Allaah be pleased with him) then kept silence about the marriage (i.e., marrying Abi Jahl’s daughter)
Chapter 15: Regarding Shighar Marriages
Al-Abbas ibn Abdullah ibn al-Abbas married his daughter to Abdur Rahman ibn al-Hakam, and AbdurRahman married his daughter to him. And they made this (exchange) their dower. Mu'awiyah wrote to Marwan commanding him to separate them. He wrote in his letter: This is the shighar which the Messenger of Allah (ﷺ) has forbidden.
Chapter 16: Regarding Tahlil (Intentionally Marrying A Divorcee To Make Her Permissible For Her First Husband)
(The narrator Isma'il said: I think ash-Sha'bi attributed this tradition to the Prophet)
The Prophet (ﷺ) said: Curse be upon the one who marries a divorced woman with the intention of making her lawful for her former husband and upon the one for whom she is made lawful.
Chapter 17: A Slave Getting Married Without The Permission Of His Owner
Ibn ‘Umar reported the Prophet (ﷺ) as saying “If a slave marries without the permission of his master, his marriage is null and void. Abu Dawud said “This tradition is weak. This is mauquf(does not go back to the Prophet). This is the statement of the Ibn ‘Umar himself.
Chapter 18: Regarding it being disliked for a person to propose after his brother's proposal
The Prophet (ﷺ) said: One of you must not ask a woman in marriage when his brother has done so already, and one of you must not sell (his own goods) when his brother has already sold (his goods) except with his permission.
Chapter 23: Regarding Allah's Statement: It Is Not Permitted For You To Inherity Women Against Their Will... And Do Not Prevent Them From Re-Marrying
About the Qur'anic verse: "It is not lawful for you forcibly to inherit the woman (of your deceased kinsmen), nor (that) ye should put constraint upon them. When a man died, his relatives had more right to his wife then her own guardian. If any one of them wanted to marry her, he did so; or they married her (to some other person), and if they did not want to marry her, they did so. So this verse was revealed about the matter.
Ibn ‘Abbas explained the Qur’anic verse It is not lawful for you forcibly to inherit the woman (of your deceased kinsmen) nor (that) ye should put constraint upon them that ye may take away a part of that which ye have given them, unless they be guilty of flagrant lewdness and said “This means that a man used to inherit a relative woman. He prevented her from marriage till she died or returned her dower to her. Hence, Allaah prohibited that practice.
Chapter 25: Regarding A Virgin Who Was Married Off By Her Father Without He Consent
A virgin came to the Prophet (ﷺ) and mentioned that her father had married her against her will, so the Prophet (ﷺ) allowed her to exercise her choice.
Chapter 26: Regarding Widowed And Divorced Women
Ibn ‘Abbas reported the Apostle of Allaah(ﷺ) as saying “A woman without a husband has more right to her person than her guardian and a virgin’s permission must be asked, her permission being her silence. These are the words of Al Qa’nabi.
The Prophet (ﷺ) said: A guardian has no concern with a woman previously married and has no husband, and an orphan girl (i.e. virgin) must be consulted, her silence being her acceptance.
Chapter 29: Regarding The Dowry
Umar (Allah be pleased with him) delivered a speech to us and said: Do not go to extremes in giving women their dower, for if it represented honour in this world and piety in Allah's sight, the one of you most entitled to do so would have been the Prophet (ﷺ). The Messenger of Allah (ﷺ) did not marry any of his wives or gave any of his daughters in marriage for more than twelve uqiyahs.
Chapter 31: On The Dowry Being Some Actions That He Must Perform
A woman came to the Messenger of Allah (ﷺ) and said: Messenger of Allah, I have offered myself to you. When she stood for a long time, a man got up and said: Messenger of Allah, marry her to me if you have no need for her. The Messenger of Allah (ﷺ) asked: Have you anything to give her as dower ? He replied: I have nothing by this lower garment of mine. The Messenger of Allah (ﷺ) said: If you give your lower garment, you will sit while you have no lower garment. So look for something else. He said: I do not find anything. He said: Look for something, even though it should be an iron ring. The man sought it but found nothing. The Messenger of Allah (ﷺ) said: Do you know anything from the Qur'an ? He said: Yes, I know surah so and so, which he named. The Messenger of Allah (ﷺ) said: I have given you her in marriage for the part of the Qur'an which you know.
How much do you memorize from Qur'an? He said: Surat al-Baqarah or the one that follows it. He said: Stand up and teach her twenty verses: she is your wife.
Chapter 32: Regarding One Who Married Without Specifying The Dowry And Then Died
Abdullah ibn Utbah ibn Mas'ud said: Abdullah ibn Mas'ud was informed of this story of a man. The people continued to visit him for a month or visited him many times (the narrator was not sure).
He said: In this matter I hold the opinion that she should receive the type of dower given to women of her class with no diminution or excess, observe the waiting period ('iddah) and have her share of inheritance. If it is erroneous, that is from me and from Satan. Allah and His Apostle are free from its responsibility. Some people from Ashja' got up; among them were al-Jarrah and AbuSinan.
They said: Ibn Mas'ud, we bear witness that the Messenger of Allah (ﷺ) gave a decision for us regarding Birwa', daughter of Washiq, to the same effect as the decision you have given. Her husband was Hilal ibn Murrah al-Ashja'i. Thereupon Abdullah ibn Mas'ud was very pleased when his decision agreed with the decision of the Messenger of Allah (ﷺ).
Chapter 33: Regarding A Sermon For The Marriage
When the Messenger of Allah (ﷺ) recited the tashahhud....He then narrated the same tradition. In this version after the word "and His Apostle" he added the words: "He has sent him in truth as a bearer of glad tidings and a warner before the Hour. He who obeys Allah and His Prophet is on the right path, and he who disobeys them does not harm anyone except himself, and he does not harm Allah to the least.