Marriage

كتاب النكاح

Chapter 54: Young People Attaining Puberty and their Guardianship in Childhood - Section 3

Hilal b. Usama quoted Abu Maimuna Sulaiman,* client of the people of Medina, as saying

While I was sitting with Abu Huraira a Persian woman came, to him along with a son of hers. She had been divorced by her husband and they both claimed him. She addressed him in foreign speech telling him that her husband wished to take her son away, and Abu Huraira told them to cast lots for him, saying that to her in foreign speech. Then her husband came and asked who was disputing with him about his son, and Abu Huraira assured him in God's name that the only reason why he said what he had said was because once when he was sitting with God’s Messenger a woman came to him and said, “Messenger of God, my husband wants to take away my son, and he had benefited me and drawn water for me from the well of Abu ‘Inaba.” (Nasa’i has “from sweet water.”) God’s Messenger replied, “Cast lots for him.” Her husband asked, “Who is disputing with me about my son?” and God’s Messenger said, “This is your father and this is your mother, so take whichever of them you wish by the hand,” and he took his mother’s hand. * Mirqat, iii, 536 says that while Sulaiman appears in all texts of the Mishkat, the correct form is Salman. Abu Dawud, Talaq, 35 (in the 2-vol. edn. Cairo, 1348 A.H.) has Salma (or Sulma). See further Ibn Hajar, Tahdhib, xii, 253.Abu Dawud and Nasa’i transmitted it, but Nasa’i mentioned the version which was traced back to the Prophet. Darimi transmitted it on the authority of Hilal b. Usama.

Chapter 7: The Guardian in Marriage, and asking the Woman’s consent - Section 1

Abu Huraira reported God’s Messenger as saying, “A woman without a husband* must not be married till she is consulted, and a virgin must not be married till her permission is asked.” When asked how her permission was indicated he replied that it was by her saying nothing. * Ayyim. This means a woman who has no husband. It may mean a woman who has not been married, whether a virgin or not, or a woman previously married who has no husband. See n. 2.(Bukhari and Muslim.)

Ibn ‘Abbas reported the Prophet as saying, “A woman without a husband has more right to her person than her guardian, and a virgin’s permission must be asked about herself, her permission being her silence.” In a version he said, “A woman who has been previously married* has more right to her person than her guardian, and a virgin must be consulted, her permission consisting in her saying nothing.” In another version he said, “A woman who has been previously married has more right to her person than her guardian” and a virgin’s father must ask her permission about herself, her permission being her silence.” * Thayyib. This means a woman previously married who has no husband. In view of the context it is argued that ayyim is used above in this sense.Muslim transmitted it.

Khansa’ daughter of Khidham told that when her father married her when she had previously been married and she disapproved of that, she went to God's Messenger and he revoked her marriage. A version by Ibn Majah has “the marriage [arranged by] her father.”Bukhari transmitted it.

‘A’isha said that the Prophet married her when she was seven, she was brought to live with him when she was nine bringing her toys with her, and he died when she was eighteen. Muslim transmitted it.

Chapter 8: The Guardian in Marriage, and asking the Woman’s consent - Section 2

Abu Huraira reported God’s Messenger as saying, “An orphan girl should be consulted about herself; if she says nothing that indicates her permission, but if she refuses, the authority of the guardian cannot be exercised against her will.”Tirmidhi, Abu Dawud and Nasa’i transmitted it, and Darimi transmitted it on the authority of Abu Musa.

Chapter 9: The Guardian in Marriage, and asking the Woman’s consent - Section 3

Abu Huraira reported God's Messenger as saying, “A woman may not give a woman in marriage, nor may she give herself in marriage, for the immoral woman is the one who gives herself in marriage.” Ibn Majah transmitted it.

‘Umar b. al-Khattab and Anas b. Malik reported God’s Messenger as saying that it is written in the Torah, “If anyone does not give his daughter in marriage when she reaches twelve and she commits sin, the guilt of that rests on him." Baihaqi transmitted in Shu'ab al-iman.

Chapter 10: Making a Marriage publicly known, asking Woman in Marriage, and the Condition laid down - Section 1

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.

‘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

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.

‘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.

Ibn ‘Abbas said

‘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.

Chapter 12: Making a Marriage publicly known, asking Woman in Marriage, and the Condition laid down - Section 3

A‘mir b. Sa'd said

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.

Chapter 13: Women with whom Marriage is Prohibited - Section 1

Umm al-Fadl stated that God’s Prophet said, “Being suckled once or twice does not make marriage unlawful.” In ‘A’isha’s version he said, “One or two sucks do not make marriage unlawful.” In another by Umm al-Fadl he said, “One suckling or two does not make marriage unlawful.” These are versions by Muslim.

Abu Sa'id al-Khudri said

At the battle of Hunain God’s Messenger sent an army to Autas, and they met an enemy and fought with them. . Having prevailed over them and taken captives the Prophet’s companions seemed to hold back from having intercourse with them because of their husbands among the polytheists. Then God most high sent down regarding that, “And women already married, except those whom your right hands possess” (Al-Qur’an 4:24). That means that they were lawful for them when their ‘idda* period came to an end. * The period which a widow or divorced woman must observe before remarriage. See Ch. 26.Muslim transmitted it.

Chapter 14: Women with whom Marriage is Prohibited - Section 2

Umm Salama reported God’s Messenger as saying, “The only suckling which makes marriage unlawful is that which is taken from, the breast and enters the bowels, and is taken before the time of weaning.” Tirmidhi transmitted it.

Ibn ‘Umar told that Ghailan b. Salama ath-Thaqafi accepted Islam and that he had had ten wives in the pre-Islamic period who accepted Islam along with him; so the Prophet told him to keep four and separate from the rest of them. Ahmad, Tirmidhi and Ibn Majah transmitted it.

Naufal b. Mu’awiya said

When I accepted Islam I had five wives, so I consulted the Prophet and he said, “Separate from one and keep four.” I therefore decided on the one who had been longest with me and had been barren for sixty years,* and separated from her. * This statement may seem strange when one considers that Naufal is said to have died in the Caliphate of Yazid b. Mu'awiya (60-64 A.H.). Some say he lived 60 years in the pre-Islamic period and 60 years in Islam. Others says he died aged 100. He is said to have accepted Islam at the Conquest of Mecca. The tradition cannot mean that he had been married to this woman for 60 years; it probably indicates that she was both barren and much older than he. She was possibly his first wife. Cf. Ibn Abu Hatim, al-Jarh wat-ta’dil, IV, i, 487 i.; Isti'ab, p. 293 ; Ibn Hajar, Tahdhib, x, 492; Isaba, iii, 1191.It is transmitted in Sharh as-sunna.