Marriage
كتاب النكاح
Chapter 10: Making a Marriage publicly known, asking Woman in Marriage, and the Condition laid down - Section 1
The Prophet came and entered when I had been conducted to my husband, and sat on my bedding as you are sitting beside me. Some little girls of ours began to play the tambourine and eulogise those of my ancestors who were killed at the battle of Badr, and then one of them said: “And among us is a prophet who knows what will happen tomorrow." Thereupon he said, “Stop this and say what you were saying.” Bukhari transmitted it.
‘A’isha told that when a bride was conducted to one of the Ansar, God’s Prophet said, “Have you no amusement? The Ansar are delighted by amusement." Bukhari transmitted it.
“God’s Messenger married me in Shawwal and cohabited with me in Shawwal, so which of the wives of God’s Messenger was more beloved by him than I?" Muslim transmitted it.
‘Uqba b. ‘Amir reported God’s Messenger as saying, “The most worthy conditions you fulfil are those by which you make sexual intercourse lawful." (Bukhari and Muslim.)
Abu Huraira reported God’s Messenger as saying, “A man must 'not ask a woman in marriage when his brother has done so already, until he marries or gives her up." (Bukhari and Muslim.)
He reported God’s Messenger as saying, “A woman must not ask to have her sister* divorced in order to deprive her of what belongs to her, but she must marry, because she will have what has been decreed for her."(Bukhari and Muslim.)* The word ‘sister’ is here used in a general sense. The tradition has been explained as referring to one of a man’s wives trying to get him to divorce another, but it probably refers to a woman whom the man has asked in marriage wanting him to divorce his wife before she marries him.
Ibn ‘Umar said God’s Messenger prohibited shighar, which means that a man gives his daughter in marriage on condition that the other gives his daughter to him in marriage without any dower being paid by either. In a version by Muslim he said, “There is no shighar in Islam."(Bukhari and Muslim.)
‘Ali said that at the battle for Khaibar God’s Messenger forbade the temporary marriage (mut’a) of women, and eating the flesh of domestic asses. (Bukhari and Muslim.)
Salama b. al-Akwa said that in the year of Autas* God's Messenger permitted a temporary marriage for three nights, but afterwards he prohibited it. *This was after the battle of Hunain in 8 A.H.Muslim transmitted it.
Chapter 11: Making a Marriage publicly known, asking Woman in Marriage, and the Condition laid down - Section 2
God’s Messenger taught us the tashahhud in the prayer and in case of some need, saying that the tashahhud in the prayer is, “The adorations of the tongue, acts of worship and all good things belong to God. Peace, and God’s mercy and blessings be upon you, O Prophet. Peace be upon us and upon God’s upright servants. I testify that there is no god but God, and I testify that Muhammad is His servant and Messenger.” The tashahhud in case of some need is, “Praise be to God from whom we ask help and pardon. We seek refuge in God from the evils within ourselves. He whom God guides if has no one who can lead him astray, and he whom He leads astray has no one to guide him. I testify that there is no god but God, and that Muhammad is His servant and Messenger." And one should recite three verses: “You who believe, fear God as He should be feared, and die only as Muslims;” (Al-Qur’an 3:102). “You who believe . . . fear God by whom you ask your mutual rights, and reverence the wombs. God has been watching over you;” (Al-Qur’an 4:1 which has ‘O Mankind.’). “You who believe, if you fear God and say what is true He will make your deeds sound and forgive you your sins. He who obeys God and His Messenger has attained a mighty success” (Al-Qur’an 33:70).Ahmad, Tirmidhi, Abu Dawud, Nasa’i, Ibn Majah and Darimi transmitted it. In Tirmidhi’s Jami' Sufyan ath-Thauri gave a commentary on the three verses. Ibn Majah added “whom we praise” after “praise be to God”, and “from our evil actions” after “from the evils within ourselves.” After “mighty success” Darimi added that one should then express what he needs. In Sharh as-sunna it is transmitted on the authority of Ibn Mas’ud concerning the form of words for some need, whether marriage or something else.
Abu Huraira reported God's Messenger as saying, "Every sermon which does not contain a tashahhud is like a hand cut off.” Tirmidhi transmitted it, saying this is a hasan gharib tradition.
He reported God's Messenger as saying, "Every important matter which is not begun by an expression of praise to God is maimed.” Ibn Majah transmitted it.
‘A’isha reported God's Messenger as saying, “Make this marriage publicly known, solemnise it in the mosques, and play tambourines in honour of it.” Tirmidhi transmitted it, saying this is a gharib tradition.
Muhammad b. Hatib al-Jumahi reported the Prophet as saying, “The distinction between what is lawful and what is unlawful is the song and the tambourine at a wedding.” Ahmad, Tirmidhi, Nasa’i and Ibn Majah transmitted it.
I had a girl of the Ansar whom I gave in marriage, and God's Messenger said, "Why do you not sing, ‘A’isha, for this clan of the Ansar like singing?” Ibn Hibban transmitted it in his Sahih.
‘A’isha gave a woman relative of hers among the Ansar in marriage and God’s Messenger came and said, “Have you escorted the girl to her husband?” On being told that they had, he asked whether they had sent someone along with her to sing, and when she replied that they had not, he said, “The Ansar are a people who give a place to love songs. I wish you had sent with her someone to say, ‘We have come to you, we have come to you; so may God preserve us and preserve you’.”Ibn Majah transmitted it.
Samura reported God’s Messenger as saying, “If two guardians have given any woman in marriage she marries the man for whom the first arranged, and if anyone sells anything to two men it goes to the first of them.” Tirmidhi, Abu Dawud, Nasa’i and Darimi transmitted it.
Chapter 12: Making a Marriage publicly known, asking Woman in Marriage, and the Condition laid down - Section 3
When we were on an expedition along with God’s Messenger and had no women with us we asked whether we should not have ourselves castrated, but he forbade us to do that. Then he granted us licence to contract temporary marriages, and one would marry a woman giving a garment as dower up to a fixed date. Then ‘Abdallah recited, “You who believe, do not make unlawful the good things which God has made lawful for you” (Al-Qur’an 5:87).(Bukhari and Muslim.)
The temporary marriage applied only in the early days of Islam. A man would come to a settlement where he had no acquaintance and marry a woman for the period it was thought he would stay there, and she would look after his belongings and cook for him. But Ibn ‘Abbas said that when the verse came down, “Except their wives or the captives their right hands possess,” (Al-Qur’an 23:6) intercourse with anyone else became unlawful. Tirmidhi transmitted it.
Going in and finding Qaraza b. Ka‘b and Abu Mas'ud al-Ansari at a wedding where girls were singing I said, “Is this being done in the presence of you two who are companions of God’s Messenger and were present at Badr ?” They replied, “Sit down if you wish and listen along with us, or go away if you wish, for we have been given licence for amusement at a wedding.” Nasa’i transmitted it.