26.

The Book of Marriage

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كتاب النكاح

Abdullah (رضي الله تعالى عنه) narrated 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 (رضي الله تعالى عنه) said, 'since I left the Apostle of Allah ( صلى الله عليه وآله وسلم) 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 (صلى الله عليه وآله وسلم) 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 Satan, and Allah and His Apostle (صلى الله عليه وآله وسلم) 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.' His ruling was heard by some people from Ashja', who stood up and said, 'we bear witness that you have passed the same judgment as the Apostle of Allah (صلى الله عليه وآله وسلم) did concerning a woman from among us who was called Birwa' bint Washiq (رضي الله تعالى عنها).' He said, ‘Abdullah was never seen looking so happy as he did on that day, except with having accepted Islam.’

Sahl bin Sa'd (رضي الله تعالى عنه) narrated that a woman came to the Apostle of Allah ( صلى الله عليه وآله وسلم) and said, ‘O Apostle of Allah (صلى الله عليه وآله وسلم), 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 Apostle of Allah (صلى الله عليه وآله وسلم) 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 Apostle of Allah (صلى الله عليه وآله وسلم) 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 Apostle of Allah (صلى الله عليه وآله وسلم) said, ‘I marry her to you for what you know of the Qur'an.’

An-Nu'man bin Bashir (رضي الله تعالى عنه) narrated that the Prophet (صلى الله عليه وآله وسلم) said, concerning a man who had intercourse with his wife's slave woman, ‘if she lets him do that, I will flog him with one hundred stripes, and if she did not let him, I will stone him (to death).’

An-Nu'man bin Bashir (رضي الله تعالى عنه) narrated 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 (رضي الله تعالى عنه). He said, I will pass the same judgment concerning her as the Apostle of Allah (صلى الله عليه وآله وسلم) 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.’

An-Nu'man bin Bashir (رضي الله تعالى عنه) narrated that the Apostle of Allah (صلى الله عليه وآله وسلم) 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).’