What is the meaning of the hadith: (The Prophet (peace and blessings be upon him) married Maimunah while he was in the state of ihram)?
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The questioner : O Shaykh, the hadith of Ibn Abbas that the Messenger of Allah (peace and blessings be upon him) married Maimunah in Sahih al-Bukhari while he was in the state of ihram.
The Shaykh : And add to Sahih al-Bukhari, Sahih Muslim, and it is in both authentic collections, right?
The questioner : And we know from the prohibitions of ihram that the pilgrim must not propose marriage or get married, so I do not know what you think is the intended meaning of the hadith?
The Shaykh : The answer is from two angles. We have spoken much about the first angle, which is that when two hadiths contradict each other, one being a prohibitive barrier and the other a permissive allowance, the prohibitive barrier is given precedence over the permissive allowance. So here, the Messenger (peace be upon him) forbade the one in ihram from marrying, and it is authentic in al-Bukhari and Muslim, as I said, that he married Maimunah while in ihram. In that case, we apply the mentioned rule: his action is a permissive allowance and his statement is a prohibitive barrier, so the prohibitive barrier takes precedence over the permissive allowance. There is another rule that also applies to this issue, which is that when a statement and an action contradict each other, the statement is given precedence over the action. Here, his statement forbids the one in ihram from marrying, while he himself married. So the statement takes precedence over the action, and his statement is also a prohibitive barrier. Thus, two jurisprudential rules apply to resolve this contradiction between two authentic hadiths. However, the second answer is that despite the transmission of this hadith that the Prophet (peace and blessings be upon him) married Maimunah while in ihram in the two authentic collections, scholars have spoken about it, both ancient and modern, from the early and later generations. So Sa'id ibn al-Musayyib said that this hadith is an error, and many of the memorizers after him supported him in that. I specifically mention among them—and peace be upon you—Shaykh al-Islam Ibn Taymiyyah and his student Ibn al-Qayyim al-Jawziyyah. They investigated the discussion of this hadith and stated that it is an anomalous narration according to hadith terminology. Why? Because... the Messenger of Allah (peace and blessings be upon him) married her while she was lawful.
The questioner : Maimunah?
The Shaykh : Ah, is it not in the agreed-upon hadith that he married Maimunah while in ihram? And she says that the Prophet (peace and blessings be upon him) married her while they were both in a state of lawfulness, and she is the owner of the story, and the owner of the story knows it better than the narrator who narrated it from others. Then the words of the investigating scholars followed one after another stating that this hadith is an error, as Sa'id ibn al-Musayyib said, and he is a great Tabi'i, indeed he is, as it came in the hadith, the master of the Tabi'un. This is the answer, then, regarding the first hadith: that the prohibitive barrier takes precedence over the permissive allowance, and the statement takes precedence over the action. And the second answer is that the investigating scholars of hadith say regarding this hadith of Ibn Abbas that it is anomalous, and the correct view is that the Prophet (peace and blessings be upon him) married Maimunah while they were both in a state of lawfulness. Please proceed.
The questioner : ... .
The Shaykh : 'Ukashah got ahead of you with this.
The Shaykh : And add to Sahih al-Bukhari, Sahih Muslim, and it is in both authentic collections, right?
The questioner : And we know from the prohibitions of ihram that the pilgrim must not propose marriage or get married, so I do not know what you think is the intended meaning of the hadith?
The Shaykh : The answer is from two angles. We have spoken much about the first angle, which is that when two hadiths contradict each other, one being a prohibitive barrier and the other a permissive allowance, the prohibitive barrier is given precedence over the permissive allowance. So here, the Messenger (peace be upon him) forbade the one in ihram from marrying, and it is authentic in al-Bukhari and Muslim, as I said, that he married Maimunah while in ihram. In that case, we apply the mentioned rule: his action is a permissive allowance and his statement is a prohibitive barrier, so the prohibitive barrier takes precedence over the permissive allowance. There is another rule that also applies to this issue, which is that when a statement and an action contradict each other, the statement is given precedence over the action. Here, his statement forbids the one in ihram from marrying, while he himself married. So the statement takes precedence over the action, and his statement is also a prohibitive barrier. Thus, two jurisprudential rules apply to resolve this contradiction between two authentic hadiths. However, the second answer is that despite the transmission of this hadith that the Prophet (peace and blessings be upon him) married Maimunah while in ihram in the two authentic collections, scholars have spoken about it, both ancient and modern, from the early and later generations. So Sa'id ibn al-Musayyib said that this hadith is an error, and many of the memorizers after him supported him in that. I specifically mention among them—and peace be upon you—Shaykh al-Islam Ibn Taymiyyah and his student Ibn al-Qayyim al-Jawziyyah. They investigated the discussion of this hadith and stated that it is an anomalous narration according to hadith terminology. Why? Because... the Messenger of Allah (peace and blessings be upon him) married her while she was lawful.
The questioner : Maimunah?
The Shaykh : Ah, is it not in the agreed-upon hadith that he married Maimunah while in ihram? And she says that the Prophet (peace and blessings be upon him) married her while they were both in a state of lawfulness, and she is the owner of the story, and the owner of the story knows it better than the narrator who narrated it from others. Then the words of the investigating scholars followed one after another stating that this hadith is an error, as Sa'id ibn al-Musayyib said, and he is a great Tabi'i, indeed he is, as it came in the hadith, the master of the Tabi'un. This is the answer, then, regarding the first hadith: that the prohibitive barrier takes precedence over the permissive allowance, and the statement takes precedence over the action. And the second answer is that the investigating scholars of hadith say regarding this hadith of Ibn Abbas that it is anomalous, and the correct view is that the Prophet (peace and blessings be upon him) married Maimunah while they were both in a state of lawfulness. Please proceed.
The questioner : ... .
The Shaykh : 'Ukashah got ahead of you with this.
Source
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