The Book of Marriage

كتاب النكاح

Chapter 68: Permission To Get Married Without A Dowry

It was narrated from 'Abdullah that a woman was brought to him who had married a man then he had died without naming any dowry for her and without consummating the marriage with her. They kept coming to him for nearly a month, and he did not issue any ruling to them. Then he said

"I think that she should have a dowry like that of her peers no less, with no injustice and she may inherit from him and she has to observe the 'Iddah." Ma'qil bin Sinan Al-Ashja'i testified: "The Messenger of Allah passed a similar judgment concerning Birwa' bint Washiq."

It was narrated that 'Abdullah said, concerning a man who married a woman, then died before consummating the marriage with her, and without naming a dowry

"She should have the dowry, and she has to observe the 'Iddah, and she may inherit." Ma'qil bin Sinan said: "I heard the Prophet pass the same judgment concerning Birwa' bint Washiq."

(Another chain) with a similar narration.

It was narrated from 'Abdullah that some people came to him and said

"A man among us married a woman, but he did not name a dowry for her, and he did not have intercourse with her before he died." 'Abdullah said: 'Since I left the Messenger of Allah I have never been asked a more difficult question than this. Go to someone else.' They kept coming to him for a month, then at the end of that they said: 'Who shall we ask if we do not ask you? You are one of the most prominent Companions of Muhammad in this land and we cannot find anyone else.' He said: 'I will say what I think, and if it is correct then it is from Allah alone, with no partner, and if it is wrong then it is from me and from the Shaitan, and Allah and His Messenger have nothing to do with it. I think she should be given a dowry like that of her peers and no less, with no injustice, and she may inherit from him, and she has to observe the 'Iddah, four months and ten days.'" He said: "And that was heard by some people from Ashja', who stood up and said: 'We bear witness that you have passed the same judgment as the Messenger of Allah did concerning a woman from among us who was called Birwa' bint Washiq.'" He said: "Abdullah was never seen looking so happy as he did on that day, except with having accepted Islam."

Chapter 69: A Woman Giving Herself In Marriage To A Man With No Dowry

It was narrated from Sahl bin Sa'd that a woman came to the Messenger of Allah and said

"O Messenger of Allah, I give myself in marriage to you." She stood for a long time, then a man stood up and said: "Marry her to me if you do not want to marry her." The Messenger of Allah said: "Do you have anything?" He said: "I cannot find anything." He said: "Look (for something), even if it is only an iron ring." So he looked but he could not find anything. The Messenger of Allah said to him: "Have you (memorized) anything of the Qur'an?" He said: "Yes, Surah such and such and Surah such and such," naming them. The Messenger of Allah said: "I marry her to you for what you know of the Qur'an."

Chapter 70: Allowing Intimacy

It was narrated from An-Nu'man bin Bashir that the Prophet said, concerning a man who had intercourse with his wife's slave woman

"If she let him do that, I will flog him with one hundred stripes , and if she did not let him, I will stone him (to death)."

It was narrated from An-Nu'man bin Bashir that a man called 'Abdur-Rahman bin Hunain or Yunbaz Qurqur had intercourse with his wife's slave woman, and it was brought to An-Nu'man bin Bashir. He said

"I will pass the same judgment concerning her as the Messenger of Allah did. If she let you do that, I will flog you, but if she did not let you do that, I will stone you (to death)." She had let him do that so he flogged him with one hundred stripes. (One of the narrators) Qatadah said: "I wrote to Habib bin Salim and he wrote back to me with this information."

It was narrated from An-Nu'man bin Bashir that the Messenger of Allah said, concerning a man who had intercourse with his wife's slave woman

"If she let him do that, I will flog him with one hundred stripes, and if she did not let him do that, I will stone him (to death)."

It was narrated that Salamah bin Al-Muhabbaq said

"The Prophet passed judgment concerning a man who had intercourse with his wife's slave woman: 'If he forced her, then she is free, and he has to give her mistress a similar slave as a replacement; if she obeyed him in that, then she belongs to him, and he has to give her mistress a similar slave as a replacement.'"

It was narrated from Salamah bin Al-Muhabbaq that a man had intercourse with a slave woman belonging to his wife, and was brought to the Messenger of Allah. He said

"If he forced her, then she is free at his expense and he has to give her mistress a similar slave as a replacement. If she obeyed him in that, then she belongs to her mistress, and he has to give her mistress a similar slave as well."

Chapter 71: The Prohibition of Mut'ah (Temporary Marriage)

It was narrated from Al-Hasan and 'Abdullah, the sons of Muhammad, from their father, that 'Ali heard that a man did not see anything wrong with Mut'ah (temporary marriage). He said

"You are confused, the Messenger of Allah forbade it, and the meat of domestic donkeys on the day of Khaibar."

It was narrated from 'Abdullah and Al-Hasan, the sons of Muhammad bin 'Ali, from their father, from 'Ali bin Abi Talib, that the Messenger of Allah on the Day of Khaibar forbade temporary marriage to women, and (he also forbade) the meat of tame donkeys.

Malik bin Anas narrated that Ibn Shihab told him that 'Abdullah and Al-Hasan, the sons of Muhammad bin 'Ali, told him, that their father Muhammad bin 'Ali told them, that 'Ali bin Abi Talib, may Allah be pleased with him, said

"The Messenger of Allah on the Day of Khaibar forbade temporary marriage to women." (One of the narrators) Ibn Al-Muthanna said: "The Day of Hunain." He said: "This is what 'Abdul-Wahhab narrated to us from his book."

It was narrated from Ar-Rabi' bin Sabrah Al-Juhani that his father said

"The Messenger of Allah gave permission for Mut'ah, so I and another man went to a woman from Bani 'Amir and offered ourselves to her (for Mut'ah). She said: 'What will you give me?' I said: 'My Rida' (upper garment).' My companion also said: 'My Rida'.' My companion's Rida' was finer than mine, but I was younger than him. When she looked at my companion's Rida' she liked it, but when she looked at me, she liked me. Then she said: 'You and your Rida' are sufficient for me.' I stayed with her for three (days), then the Messenger of Allah said: 'Whoever has any of these women whom he married temporarily should let them go.'"

Chapter 72: Announcing The Wedding By Singing And Beating The Duff

It was narrated that Muhammad bin Hatib said

"The Messenger of Allah said: 'What differentiates between the lawful and the unlawful is the Duff, and the voice (singing) for the wedding.'"

It was narrated that Abu Balj said

"I heard Muhammad bin Hatib say: 'What differentiates between the lawful and the unlawful is the voice (singing).'"

Chapter 73: How To Congratulate A Man When He Gets Married

It was narrated that Al-Hasan said

"Aqil bin Abi Talib married a woman from Banu Jusham, and it was said to him: 'May you live in harmony and have many sons.' He said: 'Say what the Messenger of Allah said: Barak Allahu fikum, wa baraka lakum. (May Allah bless you and bestow blessings upon you.)'"

Chapter 74: The Supplication Of The One Who Did Not Attend The Wedding

It was narrated that Anas said

"The Messenger of Allah saw traces of yellow perfume on 'Abdur-Rahman and said: 'What is this?' He said: 'I married a woman for a Nawah (five Dirhams) of gold.' He said: 'May Allah bless you. Give a Walimah (wedding feast) even if it is with one sheep.'"

Chapter 75: Concession Allowing Yellow Perfume At The Time Of Marriage

It was narrated from Anas that 'Abdur-Rahman bin 'Awf came with a trace of saffron on him, and the Messenger of Allah said

"What's this for?" He said: "I have married a woman." He said: "What dowry did you give?" He said: "The weight of a Nawah (five Dirhams) of gold." He said: "Give a Walimah (wedding feast) even if it is with one sheep."

It was narrated that Anas said

"The Messenger of Allah saw a trace of yellow perfume on me" -as if he meant 'Abdur-Rahman bin 'Awf- "and said: 'What's this for?' He said: 'I have married a woman from among the Ansar.' He said: 'Give a Walimah (wedding feast) even if it is with one sheep.'"