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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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About 'Uqbah: one of the well-known companions of Ibn Mas'ud, and Ibn Mas'ud is well known (may Allah be pleased with him)

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The Shaykh : About 'Uqbah: one of the well-known companions of Ibn Mas'ud, and Ibn Mas'ud is well known (may Allah be pleased with him), one of those who served the Prophet (peace and blessings be upon him) and was the keeper of the pillow and the toothpick, and he would enter the house of the Prophet (peace and blessings be upon him) until he was as if he were one of his family.
He was also one of the jurists and muftis of the Companions (may Allah be pleased with him).
He was asked about a man who married a woman, did not stipulate a bridal gift for her, and did not consummate the marriage until he died. Ibn Mas'ud (may Allah be pleased with him) said:
She should have a Mahr like that of women like her, no less لها مثل صداق نسائها لا ركس
Sunan an-Nasa'i 3524Sahih (Darussalam)
to the end. He was asked about a man: and the questioner, as we have said repeatedly, we do not need to identify him, because the objective is to know the issue and its ruling.
And his saying:
had married a woman and had not fixed a dowry for her تزوج امرأة ولم يفرض لها صداقا
Bulugh al-Maram 8:78
means: he did not determine a bridal gift for her, because the stipulation means the determination, as Allah the Exalted said:
half of what you specified فنصف ما فرضتم
[Al-Baqarah 2:237]
meaning from the mahr, i.e., what you have determined, and he did not consummate the marriage until he died, but the marriage is valid.
So Ibn Mas'ud said:
She should have a Mahr like that of women like her لها مثل صداق نسائها
Sunan an-Nasa'i 3524Sahih (Darussalam)
as a substitute for the non-specification of the mahr, because if the bridal gift had been named and stipulated, she would not have been entitled to more than what was stipulated for her, but since it was not stipulated, she is entitled to the mahr of her women.
And his saying:
the same as the bridal gifts of her women مثل صداق نسائها
Who is meant by the women?
The women meant are those similar to her in age, beauty, religion, character, lineage, and wealth. How many are these? Six things. Let us repeat them, what are they?
The student: Age.

The Shaykh : And the second?
The student: And beauty.

The Shaykh : And religion, character, beauty, lineage, and wealth. These are necessary, because the Prophet (peace and blessings be upon him) said:
A woman is married for four things, i.e., her wealth, her family status, her beauty and her religion. So you should marry the religious woman تنكح المرأة لأربع: لمالها وحسبها وجمالها ودينها، فاظفر بذات الدين
Sahih al-Bukhari 5090
.
So we say: This is the mahr of her women, meaning the women who are similar to her in these six matters.
not more or less لا وكس ولا شطط
Sunan Abi Dawud 3947Sahih (Al-Albani)
: The reduction is the decrease and the excess is the increase. The meaning is that nothing is deducted from it and nothing is added to it.
and she must observe the waiting period وعليها العدة
The waiting period: The al- here is for the mental covenant, so the intended meaning is the waiting period of death, because the separation here is by what?
By death, i.e., she must observe the waiting period of death. What is it?
Four months and ten days in this issue, because the woman was not consummated and is not pregnant. However, if she were pregnant, her waiting period would be the delivery of the child, even if she gave birth before the washing of her husband was completed, her waiting period would end. But this issue we are discussing is not a pregnant woman.
and she is entitled to inheritance ولها الميراث
: She is entitled to inheritance. By what did Ibn Mas'ud (may Allah be pleased with him) argue, or by what did he derive this fiqh from the Book and the Sunnah?
We say: As for his saying:
She should have a Mahr like that of women like her لها مثل صداق نسائها
Sunan an-Nasa'i 3524Sahih (Darussalam)
: He derived it from the saying of Allah the Exalted:
And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property وأحل لكم ما وراء ذلكم أن تبتغوا بأموالكم
[An-Nisa 4:24]
: that you seek with your wealth. Here, the seeking with wealth is necessary. The wealth is not specified, so it reverts to the value of the equivalent. And the value of the equivalent for the woman is the mahr of her women.
And as for his saying:
She is subject to the waiting period. عليها العدة
it is due to the generality of the saying of Allah the Exalted:
And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days] والذين يتوفون منكم ويذرون أزواجا يتربصن بأنفسهن أربعة أشهر وعشرا
[Al-Baqarah 2:234]
.
And as for his saying:
She is entitled to inheritance. ولها الميراث
it is due to the generality of the saying of Allah the Exalted:
And for the wives is one fourth ولهن الربع مما تركتم
[An-Nisa 4:12]
and she is a wife, so she falls within this generality.
So Ma'qil bin Sinan Al-Ashja'I stood and said: "The Messenger of Allah judged the same as you have judged regarding Birwa bint Washiq, a woman of ours." فقام معقل بن سنان الأشجعي فقال : قضى رسول الله صلى الله عليه وسلم في بَروعَ بنت واشق امرأة منا
Jami` at-Tirmidhi 1145Sahih (Darussalam)
to the end:
Meaning, when he heard this statement, he stood up to support this opinion, supporting it with a Sunnah from the Prophet (peace and blessings be upon him).
And his saying:
Narrated Abdullah ibn Mas'ud: Masruq said on the authority of Abdullah ibn Mas'ud: Abdullah (ibn Mas'ud ) was asked about a man who had married a woman without cohabiting with her or fixing any dower for her till he died. Ibn Mas'ud said: She should receive the full dower (as given to women of her class), observe the waiting period ('Iddah), and have her share of inheritance. Thereupon Ma'qil ibn Sinan said: I heard the Messenger of Allah (ﷺ) giving the same decision regarding Birwa' daughter of Washiq (as the decision you have given). في بروع بنت واشق
Sunan Abi Dawud 2114Sahih (Al-Albani)
Bara' is the name of a woman, and for this reason it is not declined. What prevents it from being declined?
The proper noun status and the femininity. Is it conceptual or linguistic?
The student: Conceptual.

The Shaykh : Conceptual.
Good:
a woman from among us امرأة منا
: This is an explanatory apposition and not an attribute, because "woman" is indefinite, and an indefinite cannot be an attribute of a definite noun.
Yes,
a woman from among us امرأة منا
: And he said "a woman from among us" to clarify that he is emphasizing this issue, because if the woman was from among them, they would be the most knowledgeable people about her.
as I have ruled مثل ما قضيت
: Like what you ruled, i.e., like what you judged. So the ruling here means the judgment, and its counterpart is the saying of Allah the Exalted:
And your Lord has decreed that you not worship except Him وقضى ربك ألا تعبدوا إلا إياه
[Al-Isra 17:23]
i.e., He ruled with a legislative ruling that you do not worship except Him.
"Ibn Mas'ud was pleased with it": He was pleased with it because it testified to the truth of his statement and that it was in accordance with correctness.
"It was narrated by Ahmad and the four, and al-Tirmidhi graded it authentic, and a group of scholars graded it good": And the hadith was graded authentic by others besides al-Tirmidhi as well, because the principles of the Shari'ah, indeed the texts of the Shari'ah, testify to it.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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