Continuation of the benefits of the hadith: (… A woman came to the Messenger of Allah (peace and blessings be upon him) and said
Machine translationRead the Arabic original
The Shaykh : ... He said, "No." He said, "Go to your family and see if you can find anything." He did not settle for his saying "No," because perhaps after he left and went out to his family, something might come to him that he could use as a mahr. Among the benefits of this hadith is the permissibility of taking an oath without being asked to do so, meaning it is permissible for a person to swear without being requested to swear, in order to reassure the person being addressed regarding what he reports about himself or others. Among the benefits of this hadith is that a mahr is permissible even if it is small, based on his saying Sunan an-Nasa'i 3200Sahih (Darussalam). If someone asks: How did the Messenger (peace and blessings be upon him) say this when he did not know about the woman, and perhaps this would not satisfy her? The answer is that we know with certainty that the woman will be pleased with what the Messenger (peace and blessings be upon him) chose, because she knows that the Prophet (peace and blessings be upon him) is more deserving of her than she is of herself. Among the benefits of this hadith is the permissibility of wearing an iron ring, even though it was reported in a hadith that it is the adornment of the people of the Fire. However, some scholars said this hadith is anomalous and weak, because the hadith of the two Shaykhs (al-Bukhari and Muslim) is more authentic than it. The Messenger (peace and blessings be upon him) said, "Seek it, even if it is an iron ring." Even if it were forbidden or the adornment of the people of the Fire, the Messenger (peace and blessings be upon him) did not permit it to be a mahr. Among the benefits of this hadith is the clarification of the state of the Companions (may Allah be pleased with them) regarding their poverty, and that most of them were poor and could not find anything. But they (may Allah be pleased with them) relied upon Allah with true reliance. The Prophet (peace and blessings be upon him) said Musnad Ahmad 205[lts isnad is qawi] (Darussalam). The birds fly from their nests in the early morning, and they are hungry, with nothing in their bellies. Then they return in the late afternoon to their nests with full bellies. They return with full bellies, meaning their bellies are full. Yet when they flew from their nests, did they intend a specific place to go to and eat from? No, they are only seeking sustenance. It may be that they have a specific thing, for example, from a farm they know, or it may not be so. But they, the birds, rely upon their Creator and Maker (Mighty and Majestic), and He provides for them from where they do not expect. Among the benefits of this hadith is the wisdom of the Prophet (peace and blessings be upon him). The man said, "I have nothing but my izar," meaning he had no rida' (cloak); the upper part of his body was exposed and naked, and he had nothing but an izar. He wanted (may Allah be pleased with him) to make it a mahr for her. But the Prophet (peace and blessings be upon him), out of his wisdom, said, "This is not possible. The izar cannot be split, because if it is split, what remains is? Half an izar, which is not suitable. And if he gives it to her, he remains naked with no izar. And if he keeps it with him, she has no mahr. So this is not possible. The izar, unless it belongs to one of them, and in that case, it is not valid to be a mahr for her." If someone asks: Why did he not say, "Give it to her, and then she will give it back to you?" We say this is a stratagem to make the marriage without a mahr. And stratagems are invalid and not permissible. Among the benefits of this hadith is that it is not recommended for a person to borrow for the mahr, because the Prophet (peace and blessings be upon him) did not guide him to borrowing. He did not say, "Borrow from your brothers" or something similar. And if this is not a Sunnah, meaning borrowing for the mahr is not a Sunnah, what about those who borrow at the time of marriage for other than the mahr, but for excess, arrogance, and keeping up with the rich? Indeed, these are foolish in reality. Because if you have nothing, Allah has shown you a way, and the Messenger (peace and blessings be upon him) has shown you a way. The Messenger (peace and blessings be upon him) said Sunan an-Nasa'i 3208Sahih (Darussalam). And Allah (Mighty and Majestic) said [An-Nur 24:33]. As for going and borrowing, this is not prescribed. In fact, if it were said to be disliked, as some scholars said, that would be more appropriate. Among the benefits of this hadith is the care of the Prophet (peace and blessings be upon him) for his Ummah and his mercy for them. Because when it was not possible for the man's izar to be a mahr, he sat down. Then when his sitting became long, he stood up to leave to his family. But the Prophet (peace and blessings be upon him), when he saw his eagerness that he wanted to marry this woman, spoke to him and ordered him to be called. Among the benefits of this hadith is the virtue of the Noble Qur'an. Because when he asked, "Do you have anything with you?" he said, "What do you have of the Qur'an?" He said, "I have such and such a surah." He said, "Do you recite them from memory?" He said, "Yes." He said, "Go, I have given you her in marriage with what you have of the Qur'an." This hadith with this wording carries two meanings: The first meaning is that the Messenger (peace and blessings be upon him) married her to him with what he had of knowledge, and he said that this man has Qur'an, which will be better for her, because the "ba" in "with what you have" is for the consideration. He married her to him with what you have. The second possibility is that I have married her to you with what you have, meaning that you teach her what you have of the Qur'an. And this is the definitive meaning, because the benefit of the first returns to whom? To the husband. She does not benefit, although there is no doubt that the company of the righteous is good. But she does not benefit from the expected benefit. And as long as it carries the second meaning, which corresponds to the general evidences, which is that "with what you have of the Qur'an" means that you teach her what you have of the Qur'an, it is necessary to interpret the hadith according to this. And this is a useful rule: All texts, if they carry two meanings, one of which has no issue and the other has an issue, should be interpreted according to the one with no issue. Because this is the custom of the firmly grounded in knowledge, who interpret the ambiguous according to the clear. Among the benefits of this hadith is the permissibility of making the Qur'an a mahr, meaning its teaching. That its teaching is made a mahr, and this is clear. The jurists (may Allah have mercy on them) mentioned that it is not valid to make the Qur'an a mahr, and they cited a fabricated hadith that the Messenger (peace and blessings be upon him) said to this man: "You will not be a mahr for anyone after you." But it is fabricated and not authentic, so there is no basis for it. It is permissible for the teaching of the Qur'an to be a mahr. But if someone asks: This is an unknown mahr, because teaching her is not known to take a long period or a short period, because people differ in memorization. So this would be unknown. It is said that the ignorance in this is slight. And the mahr is not a pure consideration, so that we say it must be specified. Rather, it is something by which the private parts are made lawful. Therefore, slight ignorance is excused in it. It is said: Teach her the known teaching. It may increase by two or three days, or ten, or a month, or decrease. Among the benefits of this hadith is the permissibility of the marriage contract with what indicates it in form, and that it is not required to say "I give you in marriage." Rather, if he says a word from which the contract is inferred, the marriage is contracted by it, based on his saying Sahih al-Bukhari 5030. If someone asks: In some wordings of the hadith, it says "I give you in marriage," and the story is one. And it is not possible that the Messenger (peace and blessings be upon him) repeats the contract, saying "I give you in marriage" and then saying "I have given you her in marriage," or saying "I have given you her in marriage" and then saying "I give you in marriage." We say this is correct. And what happened was one of the two forms. Rather, what happened was one of the two forms. But the fact that the narrators narrate this instead of that indicates that there is no difference between them, and that the intended meaning is what indicates the contract. And this is the choice of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) that the marriage, like others, is contracted by what indicates it. But is it contracted by the wording of gift, saying "I give you my daughter with such and such a mahr"? It appears yes, because the consideration is the words by what? By their meanings and their objectives. This man said, "I give you my daughter with such and such." And this gift is a gift of exchange, not a gift of generosity, so that we say the permissibility of marriage by gift is specific to the Messenger (peace and blessings be upon him). Okay, if he said, "I gave you my daughter as a contract," meaning they brought the contracter and the witnesses, and he said, "I gave you my daughter," is the marriage contracted or not? According to the correct opinion, it is contracted. As long as they understand from this word that it is the contract, it is the contract. But if he said, "I propose to you your daughter," and he said, "I gave you her," this is not a contract. This is not a contract. Therefore, there are now in gatherings, a small girl comes, she is six years old or something like that, and the one sitting says to her father, "What Allah willed, this is a sweet girl. Perhaps you will give her to me." He said, "I gave you her." Is the marriage contracted or not? It is not contracted. This is an answer to a proposal, not a contract. Unlike what is intended as a contract, which is bringing the witnesses and sitting in the council of the contracters, and he said, "I gave you my daughter with a mahr of such and such," and he said, "I accepted." The correct opinion is that it is contracted. The marriage is contracted by this. Because the forms of contracts are not words of worship, so that we say they must be in the transmitted form. The forms of contracts are subject to what? Subject to the customs of people in every time and every place and every nation. Okay, if the man said, "I permit you my daughter with such and such," is it permissible? "I married you"? The original is "I wed you" or "I gave you in marriage," but this one said, "I permit you my daughter." Is it permissible? Yes, based on the stronger opinion, that the marriage is contracted by what indicates it. Among the benefits of this hadith is that it is not necessary to repeat the acceptance if the form indicates it. Because this man did not say, when the Prophet (peace and blessings be upon him) said to him, "I have given you her in marriage," he did not say, "I accepted," being content with his first saying, "Marry me to her." And this is in all contracts: if the request precedes from the requester, and the requested thing is given, there is no need to repeat the acceptance. If he said, "Sell me your car for a thousand riyals," and he said, "I sold it to you," he does not need to say, "I accepted." Because his saying "Sell me" in the form of a request suffices for his saying "I accepted." Similarly, this man did not say, when the Prophet (peace and blessings be upon him) said to him Sahih al-Bukhari 5030, he did not say, "I accepted." The hadith has benefits upon reflection, but this is what appeared in this hour.
