11.

The Book on Marriage

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كتاب النكاح عن رسول الله صلى الله عليه وسلم

Abu Hurairah (رضي الله تعالى عنه) narrated that the Apostle of Allah (صلى الله عليه وآله وسلم) said, ‘a man is not to sell over his brother's sale, nor is he to propose to whom his brother has proposed.’ There are narrations on this topic from Samurah and Ibn Umar (رضي الله تعالى عنهما). Imam Tirmidhi said, ‘the Hadith of Abu Hurairah (رضي الله تعالى عنه) is a Hasan Sahih Hadith’. Malik bin Anas said, “The meaning of it being disliked to propose to a woman that his brother has proposed to, is when the man proposed to the woman and she accepted it, then no one is to make a proposal over his proposal.” Ash-Shafi'i said, “This Hadith: ‘A man is not to propose to whom his brother has proposed’ means, according to us, when a man proposes to a woman and she accepts and agrees to it. Then no one is to make a proposal over his proposal. If it is before he knows that she accepted or agreed with him, then there is no harm in him proposing to her. The proof for that is the Hadith of Fatimah bint Qais, in which she came to the Prophet (صلى الله عليه وآله وسلم) and she mentioned to him that Abu Jahm bin Hudhaifah and Mu'awiyah bin Abu Sufyan had both proposed to her. So he said, ‘As for Abu Jahm, he is a man who does not give women a rest from his stick. As for Mu'awiyah he is a destitute person with no wealth. But marry Usamah.’ So the meaning of this Hadith, to us, and Allah ( َّعَز َّ وَجَل) knows best, is that Fatimah (رضي الله تعالى عنها) had not informed him of her acceptance of either one of them. If she had told him that, then he would not have directed her to someone other than whom she had mentioned.’ Imam Tirmidhi said, ‘the Hadith of Abu Hurairah (رضي الله تعالى عنه) is a Hasan Sahih Hadith’. Malik bin Anas said, “The meaning of it being disliked to propose to a woman that his brother has proposed to, is when the man proposed to the woman and she accepted it, then no one is to make a proposal over his proposal.” Ash-Shafi'i said, “This Hadith: ‘A man is not to propose to whom his brother has proposed’ means, according to us, when a man proposes to a woman and she accepts and agrees to it. Then no one is to make a proposal over his proposal. If it is before he knows that she accepted or agreed with him, then there is no harm in him proposing to her. The proof for that is the Hadith of Fatimah bint Qais, in which she came to the Prophet (صلى الله عليه وآله وسلم) and she mentioned to him that Abu Jahm bin Hudhaifah and Mu'awiyah bin Abu Sufyan had both proposed to her. So he said, ‘As for Abu Jahm, he is a man who does not give women a rest from his stick. As for Mu'awiyah he is a destitute person with no wealth. But marry Usamah.’ So the meaning of this Hadith, to us, and Allah ( َّعَز َّ وَجَل) knows best, is that Fatimah (رضي الله تعالى عنها) had not informed him of her acceptance of either one of them. If she had told him that, then he would not have directed her to someone other than whom she had mentioned.’

Abu Bakr bin Al-Jahm narrated, ‘Abu Salamah bin Abdur-Rahman and I visited Fatimah bint Qais. She narrated to us that her husband had divorced her three times, and he did not leave her with anywhere to live nor any wealth.’ She said, ‘he left ten Aqfizah for me with the son of his uncle, five were of barley, five of wheat.’ She said, ‘I went to the Apostle of Allah (صلى الله عليه وآله وسلم) and mentioned that to him.’ She said, that he said, ‘he is correct.’ (She said, ‘so he ordered me to complete my Iddah in the home of Umm Sharik.’ But then the Apostle of Allah (صلى الله عليه وآله وسلم) said to me, ‘Umm Sharik's home is visited by Muhajirun, so spend your Iddah in the home of Ibn Umm Maktum, for there you can remove your garments and he will not see you. Then when your Iddah is completed and someone proposed to you come to me.’ So when my Iddah completed, Abu Jahm and Mu'awiyah proposed to me.’ She said, ‘I went to the Apostle of Allah (صلى الله عليه وآله وسلم) and mentioned that to him, and he said, “As for Mu'awiyah, he is a man with no wealth, and as for Abu Jahm he is a man who is harsh with women”.’ She said, ‘then Usamah bin Zaid proposed to me, and he married me. So Allah blessed me with Usamah.’ This Hadith is Sahih Sufyan Ath Thawri reported a Hadith similar to this from Abu Bakr bin Al-Jahm, but he added in it, “So the Apostle of Allah (صلى الله عليه وآله وسلم) said to me, “Marry Usamah.” (And he mentioned the chain of narration for that.) Imam Tirmidhi says: 1- This hadith is sahih. 2- Sufyan Thawri has also narrated it from Abu Bakr bin Abi Jahm in a similar manner, and he has added to it to the extent that the Prophet (peace be upon him) said, "Marry Usama."