Jami` at-Tirmidhi 1145

Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.

Mahmud ibn Ghaylan narrated to us: Zayd ibn al-Hubab narrated to us: Sufyan narrated to us, from Mansur, from Ibrahim, from Alqamah, from Ibn Masud: He was asked about a man who married a woman, specified no bridal dower for her, and had not consummated the marriage before he died. Ibn Masud said: She is entitled to a bridal dower equal to that of women like her, without reduction or excess; she must observe the waiting period and is entitled to inheritance. Then Maqil ibn Sinan al-Ashja'i stood and said: The Messenger of Allah ruled the same in the case of Birwa bint Washiq, a woman from among us. Ibn Masud was pleased by this. It is also reported in this chapter from al-Jarrah. Al-Hasan ibn Ali al-Khallal narrated to us: Yazid ibn Harun and Abd al-Razzaq narrated to us, both from Sufyan, with a similar report, from Mansur. Abu Isa said: The hadith of Ibn Masud is hasan sahih and has been reported from him by more than one route. Some scholars among the Companions of the Prophet and others held this view; it is also the view of al-Thawri, Ahmad, and Ishaq. Other scholars among the Companions, including Ali ibn Abi Talib, Zayd ibn Thabit, Ibn Abbas, and Ibn Umar, said that if a man marries a woman, neither consummates the marriage nor specifies a bridal dower for her, and then dies, she is entitled to inheritance but no bridal dower, and she must observe the waiting period. This is the view of al-Shafi'i. He said: If the hadith of Birwa bint Washiq were established, it would be decisive because it is reported from the Prophet. It is reported that al-Shafi'i later changed his position in Egypt and adopted the hadith of Birwa bint Washiq.