The Book of Marriage

كتاب النكاح

Chapter 6: The prohibition of proposing marriage when one's brother has already proposed, unless he gives permission or gives up the idea

A hadith like this has been reported on the authority of Nafi' with the same chain of transmitters.

Abu Huraira (Allah be pleased with him) reported Allah's Apostle (ﷺ) as having forbidden a dweller of the town selling the merchandise of a villager or outbidding in a sale (in order that another might fall into a snare), or a person making the proposal of marriage when his brother has already made such a proposal, or entering into a transaction when his brother has already entered; and a woman asking the divorce of her sister in order to deprive her of what belongs to her. 'Amr made this addition

" The person should not purchase in opposition to his brother."

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as having said this

Do not outbid in a sale in order to ensnare. No man should enter into a transaction in which his brother has already entered, and no dweller of the town should sell on behalf of the villager. And no man should make a proposal of marriage which his brother has already made and no woman should ask for the divorce of another (co-wife) in order to deprive her of what belongs to her.

A hadith like this has been narrated on the authority of Zuhri with the same chain of transmitters but with a slight alteration.

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying

The Muslim should not purchase in opposition to his brother, and he should not make the proposal of marriage on the proposal already made by his brother.

This hadith has been narrated on the authority of Abu Huraira (Allah be pleased with him) through another chain of transmitters.

'Uqba b. 'Amir said on the pulpit that Allah's Messenger (ﷺ) said

A believer is the brother of a believer, so it is not lawful for a believer to outbid his brother, and he should not propose an engagement when his brother has thus proposed until he gives it up.

Chapter 7: Prohibition and invalidity of Shighar Marriage

Ibn Umar (Allah be pleased with them) said that Allah's Messenger (ﷺ) prohibited Shighar which means that a man gives his daughter in marriage on the condition that the other gives his daughter to him in marriage with- out any dower being paid by either.

A hadith like this has been narrated on the authority of" Abdullah b. 'Umar (Allah be pleased with them) but with a slight variation of words.

Ibn Umar (Allah be pleased with them) reported that Allah's Messenger (ﷺ) prohibited Shighar.

Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (ﷺ) as having said

There is no Shighar in islam.

Abu Huraira (Allah be pleased with him) reported that Allah's Messenger (ﷺ) prohibited Shighar. Ibn Numair added

Shighar means that a person should say to the other person: Give me the hand of your daughter in marriage and I will (in return) marry my daughter to you; or merry me your sister, and I will marry my sister to you.

This hadith has been narrated on the authority of Ibn Vmar with the same chain of transmitters, but there is no mention of Ibn Numair.

Jabir b. Abdullah (Allah be pleased with him) reported that Allah's Messenger (ﷺ) prohibited Shighar.

Chapter 8: Fulfilling the conditions stipulated in the Marriage

'Uqba b. Amir (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying

The most worthy condition which must be fulfilled is that which makes sexual intercourse lawful. In the narration transmitted by Ibn Muthanna (instead of the word" condition" ) it is" conditions".

Chapter 9: Seeking permission of a previously-married woman in words, and of a virgin by silence

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as having said

A woman without a husband (or divorced or a widow) must not be married until she is consulted, and a virgin must not be married until her permission is sought. They asked the Prophet of Allah (ﷺ): How her (virgin's) consent can be solicited? He (the Holy Prophet) said: That she keeps silence.

This hadith has been narrated through another chain of transmitters.

'A'isha (Allah be pleased with her) reported

I asked Allah's Messenger (ﷺ) about a virgin whose marriage is solemnised by her guardian, whether it was necessary or not to consult her. Allah's Messerger (ﷺ) said: Yes, she must be consulted. 'A'isha reported: I told him that she feels shy, whereupon Allah's Messenger (ﷺ) said: Her silence implies her consent.

Ibn 'Abbas (Allah be pleased with him) reported Allah's Apostle (ﷺ) as saying

A woman without a husband has more right to her person than her guardian, and a virgin's consent must be asked from her, and her silence implies her consent.

Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying

A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.