Benefits of the Hadith: (… from Abu Hurayrah from the Prophet (peace and blessings be upon him) who said: “A man should not propose to a woman on whom his brother has already proposed, nor should he bid on a price his brother has already bid.”
Machine translationRead the Arabic original
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
This hadith contains multiple issues, among which is that a man should not propose to a woman on whom his brother has already proposed. This means that if you hear that a man has proposed to a woman, it is not permissible for you to go and propose to her, because this is an encroachment upon his right. However, if she was rejected and you know that she was rejected, there is no harm. If you are unaware of the situation, some scholars said there is no harm in proposing, while others said it is forbidden. The correct view is that it is not permissible for you to propose on your brother’s proposal unless you know that he was rejected. This is because the proposer is either accepted, rejected, or his status is unknown to you. If he was accepted, the prohibition is clear and there is no doubt in it. If he was rejected, the permissibility is clear and there is no doubt in it. If you do not know whether they accepted or rejected him, it is not permissible for you to propose, because they may have inclined toward him, and if you then propose to them, they may turn away from him, which would be like bidding on a price after his bid. However, if you ask the proposer for permission and say to him, “I heard that you proposed to so-and-so, and I hope you will allow me to propose to her,” and he gives you permission, there is no harm. There is no harm in proposing on his proposal because he gave you permission, provided you do not know that he gave permission out of shyness or embarrassment. If you know that he gave permission out of shyness or embarrassment, his permission is not considered in that case. Is it the same if a woman proposes on a woman’s proposal? Yes, it is the same. This means if a woman wants a certain man to marry her and sends a message to him, and another woman learns of this, it is not permissible for her to send a message to this man to marry her, because the cause is the same, which is encroaching upon her brother’s right. The second issue isSunan Ibn Majah 2172Sahih (Darussalam) This applies to cases other than competitive bidding. As for competitive bidding, the door is open. This means if a commodity is presented to buyers and one says it is for one hundred, and another says one hundred and twenty, and a third says one hundred and fifty, there is no harm. However, if the seller has inclined toward the bidder and we know that the bid has stopped with him and the seller has inclined toward the sale, then it is not permissible to bid higher than the bid, because that is a form of encroachment. Similarly, bidding on a brother’s bid in matters other than sale, such as in a lease, if you know that so-and-so wants to rent this house and the owner of the house has inclined toward him, it is not permissible for you to go to the owner of the house to rent it for a higher amount. The third issue is that he said Sahih Muslim 1408g and the discussion of that has already taken place. What is the issue?
The students: The fourth.
The Shaykh : The fourth.
This hadith contains multiple issues, among which is that a man should not propose to a woman on whom his brother has already proposed. This means that if you hear that a man has proposed to a woman, it is not permissible for you to go and propose to her, because this is an encroachment upon his right. However, if she was rejected and you know that she was rejected, there is no harm. If you are unaware of the situation, some scholars said there is no harm in proposing, while others said it is forbidden. The correct view is that it is not permissible for you to propose on your brother’s proposal unless you know that he was rejected. This is because the proposer is either accepted, rejected, or his status is unknown to you. If he was accepted, the prohibition is clear and there is no doubt in it. If he was rejected, the permissibility is clear and there is no doubt in it. If you do not know whether they accepted or rejected him, it is not permissible for you to propose, because they may have inclined toward him, and if you then propose to them, they may turn away from him, which would be like bidding on a price after his bid. However, if you ask the proposer for permission and say to him, “I heard that you proposed to so-and-so, and I hope you will allow me to propose to her,” and he gives you permission, there is no harm. There is no harm in proposing on his proposal because he gave you permission, provided you do not know that he gave permission out of shyness or embarrassment. If you know that he gave permission out of shyness or embarrassment, his permission is not considered in that case. Is it the same if a woman proposes on a woman’s proposal? Yes, it is the same. This means if a woman wants a certain man to marry her and sends a message to him, and another woman learns of this, it is not permissible for her to send a message to this man to marry her, because the cause is the same, which is encroaching upon her brother’s right. The second issue is
nor is he to fry to outhaggle his brother.
ولا يسوم على سوم أخيهand a woman must not be combined in marriage with her father's sister, nor with her mother's sister
ولا تنكح المرأة على عمتها ولا خالتهاThe students: The fourth.
The Shaykh : The fourth.