Explanation of the Book of Marriage-15
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The Shaykh : We now take the new lesson: "And from Jabir ibn 'Abdullah (may Allah be pleased with them both), that the Prophet (peace and blessings be upon him) said: Bulugh al-Maram 8:78 Abu Dawud narrated it, and indicated the preference for it being a report stopping at the Companion":
His saying: This is a conditional sentence, and the verb of the condition in it is "gave," and the answer to the condition is his saying: and it is connected with the particle "fa" (so/then) because it is associated with "qad" (indeed), and what is associated with "fa" when it is one of seven types of sentences, gathered in his saying:
"A nominal sentence of request, and with a static word *** and with "ma" and "qad" and "lan" and with the negation".
This is "qad."
So his saying (peace and blessings be upon him):Bulugh al-Maram 8:78 : Dried flour: it is grain that is roasted, and it is ground and made into a paste and eaten, whether it is from wheat or barley or corn or any grain.
And his saying: is well known.
And his saying: : Dried flour: it is an indefinite noun in the context of a condition, so it is for generality, meaning whether it is little or much.
And his saying: meaning: he has made lawful her private parts, but the author says: that Abu Dawud indicated the preference for it being a report stopping at the Companion, that it is a report stopping at Jabir ibn 'Abdullah (may Allah be pleased with them both), and you know that a report stopping at the Companion is one whose chain ends with a Companion, meaning: what is attributed to a Companion and for which the ruling of being traced to the Prophet has not been established. And can we rule that what was mentioned is traced to the Prophet?
The answer: No, because it is a matter in which there is room for independent legal reasoning, and if there is room for independent legal reasoning in it and it is the saying of a Companion, then it is not ruled as being traced to the Prophet, due to the possibility that he said it as a juristic opinion. As for the thing in which there is no room for independent legal reasoning and the Companion was not known for taking from the Children of Israel, then it has the ruling of being traced to the Prophet, as is well known.
If anyone gives as a dowry to a woman some flour or dates, he has made her lawful for himself.
من أعطى في صداق امرأة سَويقًا أو تمرًا فقد استحلHis saying:
Whoever gives
من أعطىhe has made lawful
فقد استحل"A nominal sentence of request, and with a static word *** and with "ma" and "qad" and "lan" and with the negation".
This is "qad."
So his saying (peace and blessings be upon him):
If anyone gives as a dowry to a woman some flour
من أعطى في صداق امرأة سويقاAnd his saying:
or dates
أو تمراAnd his saying:
Whoever gives a woman dried flour
من أعطى امرأة سويقاAnd his saying:
he has made lawful
فقد استحلThe answer: No, because it is a matter in which there is room for independent legal reasoning, and if there is room for independent legal reasoning in it and it is the saying of a Companion, then it is not ruled as being traced to the Prophet, due to the possibility that he said it as a juristic opinion. As for the thing in which there is no room for independent legal reasoning and the Companion was not known for taking from the Children of Israel, then it has the ruling of being traced to the Prophet, as is well known.