Wedlock, Marriage (Nikaah)
كتاب النكاح
Chapter 35: "And there is no sin on you if you make a hint of betrothal or conceal it in yourself..."
"Hint your intention of marrying' is made by saying (to the widow) for example: "I want to marry, and I wish that Allah will make a righteous lady available for me.' " Al-Qasim said: One may say to the widow: 'I hold all respect for you, and I am interested in you; Allah will bring you much good, or something similar 'Ata said: One should hint his intention, and should not declare it openly. One may say: 'I have some need. Have good tidings. Praise be to Allah; you are fit to remarry.' She (the widow) may say in reply: I am listening to what you say,' but she should not make a promise. Her guardian should not make a promise (to somebody to get her married to him) without her knowledge. But if, while still in the Iddat period, she makes a promise to marry somebody, and he ultimately marries her, they are not to be separated by divorce (i.e., the marriage is valid).
Chapter 36: (It is permissible) to look at a woman before marrying.
Allah's Messenger (ﷺ) said (to me), "You were shown to me in a dream. An angel brought you to me, wrapped in a piece of silken cloth, and said to me, 'This is your wife.' I removed the piece of cloth from your face, and there you were. I said to myself. 'If it is from Allah, then it will surely be.' "
A woman came to Allah's Messenger (ﷺ) and said, "O Allah's Messenger (ﷺ)! I have come to you to present myself to you (for marriage)." Allah's Messenger (ﷺ) glanced at her. He looked at her carefully and fixed his glance on her and then lowered his head. When the lady saw that he did not say anything, she sat down. A man from his companions got up and said, "O Allah's Messenger (ﷺ)! If you are not in need of her, then marry her to me." The Prophet (ﷺ) said, "Have you got anything to offer." The man said, 'No, by Allah, O Allah's Messenger (ﷺ)!" The Prophet (ﷺ) said (to him), "Go to your family and try to find something." So the man went and returned, saying, "No, by Allah, O Allah's Messenger (ﷺ)! I have not found anything." The Prophet said, "Go again and look for something, even if it were an iron ring." He went and returned, saying, "No, by Allah, O Allah's Messenger (ﷺ)! I could not find even an iron ring, but this is my Izar (waist sheet).' He had no Rida (upper garment). He added, "I give half of it to her." Allah's Messenger (ﷺ) said "What will she do with your Izar? If you wear it, she will have nothing over herself thereof (will be naked); and if she wears it, then you will have nothing over yourself thereof ' So the man sat for a long period and then got up (to leave). When Allah's Messenger (ﷺ) saw him leaving, he ordered that he e called back. When he came, the Prophet (ﷺ) asked (him), "How much of the Qur'an do you know (by heart)?" The man replied, I know such Sura and such Sura and such Sura," naming the suras. The Prophet (ﷺ) said, "Can you recite it by heart?" He said, 'Yes." The Prophet (ﷺ) said, "Go I let you marry her for what you know of the Qur'an (as her Mahr).
Chapter 37: Whoever said, "A marriage is not valid except through the Wali."
'Aishah, the wife of the Prophet (ﷺ) told him that there were four types of marriage during Pre-Islamic period of Ignorance. One type was similar to that of the present day i.e. a man used to ask somebody else for the hand of a girl under his guardianship or for his daughter's hand, and give her Mahr and then marry her. The second type was that a man would say to his wife after she had become clean from her period. "Send for so-and-so and have sexual intercourse with him." Her husband would then keep away from her and would never sleep with her till she got pregnant from the other man with whom she was sleeping. When her pregnancy became evident, he husband would sleep with her if he wished. Her husband did so (i.e. let his wife sleep with some other man) so that he might have a child of noble breed. Such marriage was called as Al-Istibda'. Another type of marriage was that a group of less than ten men would assemble and enter upon a woman, and all of them would have sexual relation with her. If she became pregnant and delivered a child and some days had passed after delivery, she would sent for all of them and none of them would refuse to come, and when they all gathered before her, she would say to them, "You (all) know waht you have done, and now I have given birth to a child. So, it is your child so-and-so!" naming whoever she liked, and her child would follow him and he could not refuse to take him. The fourth type of marriage was that many people would enter upon a lady and she would never refuse anyone who came to her. Those were the prostitutes who used to fix flags at their doors as sign, and he who would wished, could have sexual intercourse with them. If anyone of them got pregnant and delivered a child, then all those men would be gathered for her and they would call the Qa'if (persons skilled in recognizing the likeness of a child to his father) to them and would let the child follow the man (whom they recognized as his father) and she would let him adhere to him and be called his son. The man would not refuse all that. But when Muhammad (ﷺ) was sent with the Truth, he abolished all the types of marriages observed in pre-Islamic period of Ignorance except the type of marriage the people recognize today.
(as regards the Verse): 'And about what is recited unto you in the Book, concerning orphan girls to whom you give not the prescribed portions and yet, whom you desire to marry.' (4.127) This Verse is about the female orphan who is under the guardianship of a man with whom she shares her property and he has more right over her (than anybody else) but does not like to marry her, so he prevents her, from marrying somebody else, lest he should share the property with him.
When Hafsa, `Umar's daughter became a widow because of the death of her (husband) Ibn Hudhafa As-Sahmi who was one of the companion of the Prophet (ﷺ) and the one of the Badr warriors and died at Medina, `Umar said, "I met `Uthman bin `Affan and gave him an offer, saying, 'If you wish, I will marry Hafsa to you.' He said. 'I will think it over' I waited for a few days, then he met me and said, 'I have made up my mind not to marry at present' "`Umar added, "Then I met Abu Bakr and said to him, 'If you wish, I will marry Hafsa to you.' "
concerning the Verse: 'Do not prevent them' (2.232) Ma'qil bin Yasar told me that it was revealed in his connection. He said, "I married my sister to a man and he divorced her, and when her days of 'Idda (three menstrual periods) were over, the man came again and asked for her hand, but I said to him, 'I married her to you and made her your bed (your wife) and favored you with her, but you divorced her. Now you come to ask for her hand again? No, by Allah, she will never go back to you (again)!' That man was not a bad man and his wife wanted to go back to him. So Allah revealed this Verse: 'Do not prevent them.' (2.232) So I said, 'Now I will do it (let her go back to him), O Allah's Messenger (ﷺ)."So he married her to him again.
Chapter 38: If the guardian himself is the suitor
(regarding His Statement): 'They ask your instruction concerning the women. Say: Allah instructs you about them ...' (4.127) It is about the female orphan who is under the guardianship of a man with whom she shares her property and he does not want to marry her and dislikes that someone else should marry her, lest he should share the property with him, so he prevents her from marrying. So Allah forbade such a guardian to do so (i.e. to prevent her from marrying).
While we were sitting in the company of the Prophet (ﷺ) a woman came to him and presented herself (for marriage) to him. The Prophet (ﷺ) looked at her, lowering his eyes and raising them, but did not give a reply. One of his companions said, "Marry her to me O Allah's Messenger (ﷺ)!" The Prophet (ﷺ) asked (him), "Have you got anything?" He said, "I have got nothing." The Prophet (ﷺ) said, "Not even an iron ring?" He Sa`d, "Not even an iron ring, but I will tear my garment into two halves and give her one half and keep the other half." The Prophet; said, "No. Do you know some of the Qur'an (by heart)?" He said, "Yes." The Prophet (ﷺ) said, "Go, I have agreed to marry her to you with what you know of the Qur'an (as her Mahr)."
Chapter 39: Giving one's young children in marriage
that the Prophet (ﷺ) married her when she was six years old and he consummated his marriage when she was nine years old, and then she remained with him for nine years (i.e., till his death).
Chapter 40: The marrying of a daughter by her father to a ruler
that the Prophet (ﷺ) married her when she was six years old and he consummated his marriage when she was nine years old. Hisham said: I have been informed that `Aisha remained with the Prophet (ﷺ) for nine years (i.e. till his death).
Chapter 41: The ruler is regarded as a guardian
A woman came to Allah's Messenger (ﷺ) and said, "I present myself (to you) (for marriage). She stayed for a long while, then a man said, "If you are not in need of her then marry her to me." The Prophet (ﷺ) said, "Have you got anything m order to pay her Mahr?" He said, "I have nothing with me except my Izar (waist sheet)." The Prophet (ﷺ) said, "If you give her your Izar, you will have no Izar to wear, (so go) and search for something. He said, "I could not find anything." The Prophet (ﷺ) said, "Try (to find something), even if it were an iron ring But he was not able to find (even that) The Prophet (ﷺ) said (to him). "Do you memorize something of the Qur'an?" "Yes. ' he said, "such Sura and such Sura," naming those Suras The Prophet (ﷺ) said, "We have married her to you for what you know of the Qur'an (by heart).
Chapter 42: The father or the guardian cannot give a virgin or matron in marriage without her consent
The Prophet (ﷺ) said, "A matron should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission." The people asked, "O Allah's Messenger (ﷺ)! How can we know her permission?" He said, "Her silence (indicates her permission).
I said, "O Allah's Messenger (ﷺ)! A virgin feels shy." He said, "Her consent is (expressed by) her silence."
Chapter 43: If a man gives his daughter in marriage while she is averse to it, then such marriage is invalid
that her father gave her in marriage when she was a matron and she disliked that marriage. So she went to Allah's Messenger (ﷺ) and he declared that marriage invalid.
The same ,Hadith above: A man called Khidam married a daughter of his (to somebody) against her consent. 'If you fear that you shall not be able to deal justly with the orphan girls then marry (other) women of your choice.' (4.3) And if somebody says to the guardian (of a woman), "Marry me to soand- so," and the guardian remained silent or said to him, "What have you got?" And the other said, "I have so much and so much (Mahr)," or kept quiet, and then the guardian said, "I have married her to you," then the marriage is valid (legal). This narration was told by Sahl on the authority of the Prophet.
Chapter 44: The giving of an orphan girl in marriage
that he asked `Aisha, saying to her, "O Mother! (In what connection was this Verse revealed): 'If you fear that you shall not be able to deal justly with orphan girls (to the end of the verse) that your right hands possess?" (4.3) Aisha said, "O my nephew! It was about the female orphan under the protection of her guardian who was interested in her beauty and wealth and wanted to marry her with a little or reduced Mahr. So such guardians were forbidden to marry female orphans unless they deal with them justly and give their full Mahr; and they were ordered to marry women other than them."`Aisha added, "(Later) the people asked Allah's Messenger (ﷺ), for instructions, and then Allah revealed: 'They ask your instruction concerning the women . . . And yet whom you desire to marry.' (4.127) So Allah revealed to them in this Verse that-if a female orphan had wealth and beauty, they desired to marry her and were interested in her noble descent and the reduction of her Mahr; but if she was not desired by them because of her lack in fortune and beauty they left her and married some other woman. So, as they used to leave her when they had no interest in her, they had no right to marry her if they had the desire to do so, unless they deal justly with her and gave her a full amount of Mahr."
Chapter 45: If the suitor says, "Marry me to so-and-so," and the guardian says, "I have married her to you for such Mahr"
A woman came to the Prophet,, and presented herself to him (for marriage). He said, "I am not in need of women these days." Then a man said, "O Allah's Messenger (ﷺ)! Marry her to me." The Prophet (ﷺ) asked him, "What have you got?" He said, "I have got nothing." The Prophet (ﷺ) said, "Give her something, even an iron ring." He said, "I have got nothing." The Prophet (ﷺ) asked (him), "How much of the Qur'an do you know (by heart)?" He said, "So much and so much." The Prophet (ﷺ) said, "I have married her to you for what you know of the Qur'an."
Chapter 46: None should ask for the hand of a lady who is already engaged to his brother (Muslim)
The Prophet (ﷺ) decreed that one should not try to cancel a bargain already agreed upon between some other persons (by offering a bigger price). And a man should not ask for the hand of a girl who is already engaged to his Muslim brother, unless the first suitor gives her up, or allows him to ask for her hand.
The Prophet (ﷺ) said, "Beware of suspicion (about others), as suspicion is the falsest talk, and do not spy upon each other, and do not listen to the evil talk of the people about others' affairs, and do not have enmity with one another, but be brothers. And none should ask for the hand of a girl who is already engaged to his (Muslim) brother, but one should wait till the first suitor marries her or leaves her."