Nubaih b. Wahb reported that 'Umar b. Ubaidullah intended to marry Talha b. 'Umar with the daughter of Shaiba b. Jubair; so he sent a messenger to Aban b. Uthman to attend the marriage, and he was at that time the Amir of Hajj. Aban said:
I heard 'Uthman b. 'Affan say that Allah's Messenger (ﷺ) had stated: A Muhrim must neither marry himself, nor arrange the marriage of another one, nor should he make the proposal of marriage.
Umar b. Ubaidullah b. Ma'mar sent me to Aban b. Uthman as he wanted to make the proposal of the marriage of his son with the daughter of Shaiba b. Uthman. He (Aban b. Uthman) was at that time (busy) in the season of Pilgrimage. He said: I deem him to be a man of the desert (for it is a common thing) that a Muhrim can neither marry, nor is he allowed to be married to anyone. It is Uthman (b. Affan) who reported this to us from Allah's Messenger (ﷺ).
Nabaih b. Wahb reported that Umar b. 'Ubaidullah b. Ma'mar intended to marry his son Talha with the daughter of Shaiba b. Jubair during the Pilgrimage. Aban b. Uthman was at that time the Amir of Pilgrims. So he ('Umar b. Ubaidullah) sent someone (as a messenger) to Aban saying:
I intend to marry Talha b. 'Umar and I earnestly desire you to be present there (in this ceremony of marriage). Aban said to him: I find you a block-headed 'Iraqi. I heard 'Uthman b. 'Affan say that Allah's Messenger (ﷺ) said: A Muhrim should not marry.
Ibn Abbas (Allah be pleased with them) reported that Allah's Apostle (ﷺ) married Maimuna in the state of Ihram. Ibn Numair made this addition:
" I narrated it to Zuhri and he said: Yazid b. al-Asamm (Allah be pleased with him) told me that he (the Holy Prophet) married her when he was not a muhrim."
Maimuna daughter of al-Harith narrated to me that Allah's Messenger (ﷺ) married her and he was not in the state of Ihram. And she (Maimuna) was my mother's sister and that of Ibn 'Abbas (Allah be pleased with them).
(6)Chapter: The prohibition of proposing marriage when one's brother has already proposed, unless he gives permission or gives up the idea
Ibn Umar (Allah be pleased with them) reported Allah's Apostle (ﷺ) as having said this:
A person should not enter into a transaction when his brother (had already entered into but not finalised), and he should not make proposal of marriage upon the proposal already made by his brother, until he permits it.
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.
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.
'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.
(7)Chapter: Prohibition and invalidity of Shighar Marriage
حَدَّثَنَا يَحْيَى بْنُ يَحْيَى، قَالَ قَرَأْتُ عَلَى مَالِكٍ عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنِ الشِّغَارِ . وَالشِّغَارُ أَنْ يُزَوِّجَ الرَّجُلُ ابْنَتَهُ عَلَى أَنْ يُزَوِّجَهُ ابْنَتَهُ وَلَيْسَ بَيْنَهُمَا صَدَاقٌ .
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.
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.
'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".
(9)Chapter: Seeking permission of a previously-married woman in words, and of a virgin by silence
باب اسْتِئْذَانِ الثَّيِّبِ فِي النِّكَاحِ بِالنُّطْقِ وَالْبِكْرِ بِالسُّكُوتِ
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.
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا عَبْدُ اللَّهِ بْنُ إِدْرِيسَ، عَنِ ابْنِ جُرَيْجٍ، ح وَحَدَّثَنَا إِسْحَاقُ بْنُ إِبْرَاهِيمَ، وَمُحَمَّدُ بْنُ رَافِعٍ، جَمِيعًا عَنْ عَبْدِ الرَّزَّاقِ، - وَاللَّفْظُ لاِبْنِ رَافِعٍ - حَدَّثَنَا عَبْدُ الرَّزَّاقِ، أَخْبَرَنَا ابْنُ جُرَيْجٍ، قَالَ سَمِعْتُ ابْنَ أَبِي مُلَيْكَةَ، يَقُولُ قَالَ ذَكْوَانُ مَوْلَى عَائِشَةَ سَمِعْتُ عَائِشَةَ، تَقُولُ سَأَلْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم عَنِ الْجَارِيَةِ يُنْكِحُهَا أَهْلُهَا أَتُسْتَأْمَرُ أَمْ لاَ فَقَالَ لَهَا رَسُولُ اللَّهِ صلى الله عليه وسلم " نَعَمْ تُسْتَأْمَرُ " . فَقَالَتْ عَائِشَةُ فَقُلْتُ لَهُ فَإِنَّهَا تَسْتَحْيِي . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " فَذَلِكَ إِذْنُهَا إِذَا هِيَ سَكَتَتْ " .
'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.
Sufyan reported on the basis of the same chain of transmitters (and the words are):
A woman who has been previously married (Thayyib) has more right to her person than her guardian; and a virgin's father must ask her consent from her, her consent being her silence, At times he said: Her silence is her affirmation.
(10)Chapter: It is permissible for a father to arrange the marriage of a young virgin
Allah's Messenger (ﷺ) married me when I was six years old, and I was admitted to his house at the age of nine. She further said: We went to Medina and I had an attack of fever for a month, and my hair had come down to the earlobes. Umm Ruman (my mother) came to me and I was at that time on a swing along with my playmates. She called me loudly and I went to her and I did not know what she had wanted of me. She took hold of my hand and took me to the door, and I was saying: Ha, ha (as if I was gasping), until the agitation of my heart was over. She took me to a house, where had gathered the women of the Ansar. They all blessed me and wished me good luck and said: May you have share in good. She (my mother) entrusted me to them. They washed my head and embellished me and nothing frightened me. Allah's Messenger (, may peace be upon him) came there in the morning, and I was entrusted to him.
'A'isha (Allah be pleased with her) reported that Allah's Apostle (ﷺ) married her when she was seven years old, and he was taken to his house as a bride when she was nine, and her dolls were with her; and when he (the Holy Prophet) died she was eighteen years old.
'A'isha (Allah be pleased with her) reported that Allah's Apostle (ﷺ) married her when she was six years old, and he (the Holy Prophet) took her to his house when she was nine, and when he (the Holy Prophet) died she was eighteen years old
(11)Chapter: It is recommended to get married and arrange marriages in Shawwal, and it is recommended to consummate the marriage in that month
باب اسْتِحْبَابِ التَّزَوُّجِ وَالتَّزْوِيجِ فِي شَوَّالٍ وَاسْتِحْبَابِ الدُّخُولِ فِيهِ
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، وَزُهَيْرُ بْنُ حَرْبٍ، - وَاللَّفْظُ لِزُهَيْرٍ - قَالاَ حَدَّثَنَا وَكِيعٌ، حَدَّثَنَا سُفْيَانُ، عَنْ إِسْمَاعِيلَ بْنِ أُمَيَّةَ، عَنْ عَبْدِ اللَّهِ بْنِ عُرْوَةَ، عَنْ عُرْوَةَ، عَنْ عَائِشَةَ، قَالَتْ تَزَوَّجَنِي رَسُولُ اللَّهِ صلى الله عليه وسلم فِي شَوَّالٍ وَبَنَى بِي فِي شَوَّالٍ فَأَىُّ نِسَاءِ رَسُولِ اللَّهِ صلى الله عليه وسلم كَانَ أَحْظَى عِنْدَهُ مِنِّي . قَالَ وَكَانَتْ عَائِشَةُ تَسْتَحِبُّ أَنْ تُدْخِلَ نِسَاءَهَا فِي شَوَّالٍ .
'A'isha (Allah be pleased with her) reported:
Allah's Messenger (ﷺ) contracted marriage with me in Shawwal and took me to his house as a bride during Shawwal. And who among the wives of Allah's Messenger (ﷺ) was dearer to him than I, and' A'isha liked that the women (of her family) should enter the houses as brides during the month of Shawwal.
This hadith has been narrated on the authority of Sufyan with the same chain of transmitters, but he made no mention of the act of 'A'isha (being admitted as a wife in the house of the Holy Prophet).
(12)Chapter: It is recommended for the one who wants to marry a woman to look at her face and hands before proposing marriage to her
حَدَّثَنَا ابْنُ أَبِي عُمَرَ، حَدَّثَنَا سُفْيَانُ، عَنْ يَزِيدَ بْنِ كَيْسَانَ، عَنْ أَبِي حَازِمٍ، عَنْ أَبِي، هُرَيْرَةَ قَالَ كُنْتُ عِنْدَ النَّبِيِّ صلى الله عليه وسلم فَأَتَاهُ رَجُلٌ فَأَخْبَرَهُ أَنَّهُ تَزَوَّجَ امْرَأَةً مِنَ الأَنْصَارِ فَقَالَ لَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم " أَنَظَرْتَ إِلَيْهَا " . قَالَ لاَ . قَالَ " فَاذْهَبْ فَانْظُرْ إِلَيْهَا فَإِنَّ فِي أَعْيُنِ الأَنْصَارِ شَيْئًا " .
Abu Huraira (Allah be pleased with him) reported:
I was in the company of Allah's Messenger (ﷺ) when there came a man and informed him that he had contracted to marry a woman of the Ansar. Thereupon Allah's Messenger (ﷺ) said: Did you cast a glance at her? He said: No. He said: Go and cast a glance at her, for there is something in the eyes of the Ansar.
وَحَدَّثَنِي يَحْيَى بْنُ مَعِينٍ، حَدَّثَنَا مَرْوَانُ بْنُ مُعَاوِيَةَ الْفَزَارِيُّ، حَدَّثَنَا يَزِيدُ بْنُ كَيْسَانَ، عَنْ أَبِي حَازِمٍ، عَنْ أَبِي هُرَيْرَةَ، قَالَ جَاءَ رَجُلٌ إِلَى النَّبِيِّ صلى الله عليه وسلم فَقَالَ إِنِّي تَزَوَّجْتُ امْرَأَةً مِنَ الأَنْصَارِ . فَقَالَ لَهُ النَّبِيُّ صلى الله عليه وسلم " هَلْ نَظَرْتَ إِلَيْهَا فَإِنَّ فِي عُيُونِ الأَنْصَارِ شَيْئًا " . قَالَ قَدْ نَظَرْتُ إِلَيْهَا . قَالَ " عَلَى كَمْ تَزَوَّجْتَهَا " . قَالَ عَلَى أَرْبَعِ أَوَاقٍ . فَقَالَ لَهُ النَّبِيُّ صلى الله عليه وسلم " عَلَى أَرْبَعِ أَوَاقٍ كَأَنَّمَا تَنْحِتُونَ الْفِضَّةَ مِنْ عُرْضِ هَذَا الْجَبَلِ مَا عِنْدَنَا مَا نُعْطِيكَ وَلَكِنْ عَسَى أَنْ نَبْعَثَكَ فِي بَعْثٍ تُصِيبُ مِنْهُ " . قَالَ فَبَعَثَ بَعْثًا إِلَى بَنِي عَبْسٍ بَعَثَ ذَلِكَ الرَّجُلَ فِيهِمْ .
Abu Huraira (Allah be pleased with him) reported:
A man came to Allah's Messenger (ﷺ) and said: I have contracted marriage with a woman of the Ansar, whereupon Allah's Apostle (ﷺ) said: Did you cast a glance at her, for there is something in the eyes of the Ansar? He said: I did cast a glance at her, whereupon he said: For what (dower) did you marry her? He said: For four 'uqiyas. Thereupon Allah's Apostle (ﷺ) said: For four 'uqiyas; it seems as if you dig out silver from the side of this mountain (and that is why you are prepared to pay such a large amount of dower). We have nothing which we should give you. There is a possibility that we may send you to an (expedition) where you may get (booty). So he sent that man (in the expedition) which was despatched to Banu 'Abs.
(13)Chapter: The Dowry. It is permissible for the dowry to be teaching Quran, a ring of iron or anything else, a small or large amount, And it is recommended for it to be Five Hundred Dirham
Sahl b. Sa'd al-Sa'idi (Allah be pleased with him) reported:
A woman came to Allah's Messenger. (ﷺ) and said: Messenger of Allah, I have come to you to entrust myself to you (you may contract my marriage with anyone at your discretion). Allah's Messenger (ﷺ) saw her and cast a glance at her from head to foot. Allah's Messenger (ﷺ) then lowered his head. When the woman saw that he had made no decision in regard to her, she sat down. There stood up a person from amongst his companions and said: Messenger of Allah, marry her to me if you have no need of her. He (the Prophet) said: is there anything with you (which you con give as a dower)? He said: No, Messenger of Allah, by Allah I have nothing. Thereupon Allah's Messenger (ﷺ) said: Go to your people (family) and see if you can find something. He returned and said: I have found nothing. The Messenger of Allah (ﷺ) said: See even if it is an iron ring. He went and returned and said: No, by Allah, not even an iron ring, but only this lower garment of mine (Sahl said that he had no upper garment), half of which (I am prepared to part with) for her. Thereupon Allah's Messenger (ﷺ) said: How can your lower garment serve your purpose, for it you wear it, she would not be able to make any use of it and if she wears it there would not be anything on you? The man sat down and as the sitting prolonged he stood up (in disappointment) and as he was going back Allah's Messenger (ﷺ) commanded (him) to be called back, and as he came, he said to him: Do you know any part of the Qur'an? He said: I know such and such surahs (and he counted them), whereupon he (ﷺ) said: Can you recite them from heart (from your memory)? He said: Yes, whereupon he (Allah's Messenger) said: Go, I have given her to you in marriage for the part of the Qur'an which you know.
This hadith has been narrated on the authority of Sahl b. Sa'd with a minor alteration of words, but the hadith transmitted through Za'idah (the words are that the Holy Prophet) said:
Go, I have married her to you, and you teach her something of the Qur'an.
حَدَّثَنَا إِسْحَاقُ بْنُ إِبْرَاهِيمَ، أَخْبَرَنَا عَبْدُ الْعَزِيزِ بْنُ مُحَمَّدٍ، حَدَّثَنِي يَزِيدُ بْنُ عَبْدِ، اللَّهِ بْنِ أُسَامَةَ بْنِ الْهَادِ ح وَحَدَّثَنِي مُحَمَّدُ بْنُ أَبِي عُمَرَ الْمَكِّيُّ، - وَاللَّفْظُ لَهُ - حَدَّثَنَا عَبْدُ، الْعَزِيزِ عَنْ يَزِيدَ، عَنْ مُحَمَّدِ بْنِ إِبْرَاهِيمَ، عَنْ أَبِي سَلَمَةَ بْنِ عَبْدِ الرَّحْمَنِ، أَنَّهُ قَالَ سَأَلْتُ عَائِشَةَ زَوْجَ النَّبِيِّ صلى الله عليه وسلم كَمْ كَانَ صَدَاقُ رَسُولِ اللَّهِ صلى الله عليه وسلم قَالَتْ كَانَ صَدَاقُهُ لأَزْوَاجِهِ ثِنْتَىْ عَشْرَةَ أُوقِيَّةً وَنَشًّا . قَالَتْ أَتَدْرِي مَا النَّشُّ قَالَ قُلْتُ لاَ . قَالَتْ نِصْفُ أُوقِيَّةٍ . فَتِلْكَ خَمْسُمِائَةِ دِرْهَمٍ فَهَذَا صَدَاقُ رَسُولِ اللَّهِ صلى الله عليه وسلم لأَزْوَاجِهِ.
Abu Salama b. 'Abd al-Rahman reported:
I asked 'A'isha, the wife of Allah's Messenger (ﷺ): What is the amount of dower of Allah's Messenger (ﷺ)? She said: It was twelve 'uqiyas and one nash. She said: Do you know what is al-nash? I said: No. She said: It is half of uqiya, and it amounts to five hundred dirhams, and that was the dower given by Allah's Messenger (ﷺ) to his wives.
Anas b. Malik reported that Allah's Apostle (ﷺ) saw the trace of yellowness on 'Abd al-Rahman b. 'Auf and said:
What is this? Thereupon he said: Allah's Messenger, I have married a woman for a date-stone's weight of gold. He said: God bless you! Hold a wedding feast, even if only with a sheep.
وَحَدَّثَنَا مُحَمَّدُ بْنُ عُبَيْدٍ الْغُبَرِيُّ، حَدَّثَنَا أَبُو عَوَانَةَ، عَنْ قَتَادَةَ، عَنْ أَنَسِ بْنِ مَالِكٍ، أَنَّ عَبْدَ الرَّحْمَنِ بْنَ عَوْفٍ، تَزَوَّجَ عَلَى عَهْدِ رَسُولِ اللَّهِ صلى الله عليه وسلم عَلَى وَزْنِ نَوَاةٍ مِنْ ذَهَبٍ . فَقَالَ لَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم " أَوْلِمْ وَلَوْ بِشَاةٍ ".
Anas b. Malik (Allah be pleasedwith him) reported that 'Abd al-Rahman b. 'Auf (Allah be pleased with him) married during the lifetime of Allah's Messenger (ﷺ) for a nawat weight of gold and the messenger of Allah (ﷺ) said to him:
وَحَدَّثَنَا إِسْحَاقُ بْنُ إِبْرَاهِيمَ، أَخْبَرَنَا وَكِيعٌ، حَدَّثَنَا شُعْبَةُ، عَنْ قَتَادَةَ، وَحُمَيْدٍ، عَنْ أَنَسٍ، أَنَّ عَبْدَ الرَّحْمَنِ بْنَ عَوْفٍ، تَزَوَّجَ امْرَأَةً عَلَى وَزْنِ نَوَاةٍ مِنْ ذَهَبٍ وَأَنَّ النَّبِيَّ صلى الله عليه وسلم قَالَ لَهُ " أَوْلِمْ وَلَوْ بِشَاةٍ " .
Anas b. Malik (Allah be pleased with him) reported that 'Abd al-Rahman b. 'Auf (Allah be pleased with him) married a woman for a date-stone's weight of gold and Allah's Apostle (ﷺ) said to him:
This hadith has been narrated on the authority of Humaid with the same chain of transmitters except (with this minor alteration of words) that 'Abd al-Rahman said:
Abd al-Rahman b. 'Auf (Allah be pleased with him) reported that Allah's Messenger (ﷺ) saw the signs of the happiness of wedding in me, and I said:
I have married a woman of the Ansar. He said: How much Mahr have you paid? I said: For a date-stone weight of gold. And in the hadith transmitted by Ishaq (it is): (nawat weight) of gold.
Shu'ba has narrattd this hadith with the same chain of transmitters except for (this alteration) that he said that a person from among the sons of 'Abd al Rahman said:
