Continuation of the explanation of the hadith: ( . . . . . . . . . . . and one should not propose marriage to a woman already proposed to by his brother, nor should a woman ask for her sister’s divorce in order to empty her vessel.
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The Shaykh : Then the Prophet (peace and blessings be upon him) said: -this is the beginning of the lesson- Jami` at-Tirmidhi 1134Sahih (Darussalam) :
: This means a man [Al-Ma'idah 5:2] and He says: [Al-Baqarah 2:190] .
Now, regarding his saying: : We say in this the same as we said regarding his saying: , so if a Christian man proposes to a woman, is it not permissible for a Muslim to propose to her?
The student: It is not permissible.
Another student: It is permissible.
The Shaykh : Now, if a Christian man proposes to a Christian woman, is it not permissible for a Muslim to propose to a Christian woman? It is permissible, so if he learns that this Christian man has proposed to a Christian woman, he goes and proposes to her, we say: it is not permissible, and his saying: is based on the common practice, and the dhimmi (a non-Muslim under Muslim protection) has a respected right.
And his saying: means a man proposing to a woman already proposed to by his brother, if the woman is the one proposing to a woman already proposed to by her sister, is it permissible or not? It is not permissible, because the operative cause is the same, if it is heard that so-and-so has proposed to so-and-so, and she wanted to marry him, so she went to him and said: I want to, and offered herself to him, this is not permissible because it is an encroachment on the right of another. But someone might say: there is a difference between a man’s proposal and a woman’s proposal, because the second proposal does not necessarily mean leaving the first, as he can combine them, is that not so?
The student: Yes.
The Shaykh : Unlike the man, and the answer to you is that it can be said: Yes, this is possible, but who said that this man can take two when he can only afford one, so he cannot take the other, so in this, proposing to this woman while her sister is already proposed to, there is an encroachment.
The correct view is that it is not permissible.
And his saying: : indicates that as long as the proposal is not established, he can propose, and how is it not established? If the proposer is rejected, for example, so-and-so proposed to a group, and they rejected him, is it permissible for the second one to propose? Yes.
If someone says: it is not permissible, because there is a possibility that he will propose again, because some people, if rejected the first time, go away for a while, then return, as long as he has a desire for the wife, for the woman, what do you say?
We say: Yes, this is a possibility, but as long as he was rejected, he can go and propose, it is permissible for him to go and propose to this woman, okay.
Sahih al-Bukhari 5142 : If the first proposer gives permission, for example, Zayd hears that 'Umar has proposed to so-and-so, so he goes to him and says: O so-and-so, I am interested in this proposal, so he says: Then I am withdrawing, is it permissible or not?
The student: Yes, it is permissible.
The Shaykh : Yes, it is permissible, why? Because the proposal is now not established.
Now, if a man proposes to a woman who is already proposed to by another man, but he did not know, is it permissible or not?
The student: It is permissible.
The Shaykh : Why?
The student: He did not know.
The Shaykh : Yes, because the Messenger said:Jami` at-Tirmidhi 1134Sahih (Darussalam) and this is not proposing to a woman already proposed to by his brother, he went ahead to propose to the woman while not knowing that his brother had proposed to her.
Now, if he learns that he proposed, but does not know whether they rejected him or accepted him, can he propose?
The student: No.
The Shaykh : The correct view is that he cannot propose, contrary to those who said that this is specific to when they accepted him, but if they rejected him or he does not know whether they rejected him or not, he can propose, this is not correct.
And the conclusion is that the first man’s proposal: either it is accepted, or rejected, or its status is unknown, if it is accepted, the proposal is forbidden, and there is no doubt in it, if it is rejected, the proposal is permissible, and there is no doubt in it, if it is unknown, he does not know whether they rejected him or accepted him until now: the scholars have differed on this issue with two opinions, and the correct view is that he should not propose, because the proposal is currently established, and it may be that in their intention they would have agreed if not for the second proposal, so the correct view is that if a person does not know whether it was rejected or accepted, he should not propose, if he gives permission?
The student: It is permissible.
The Shaykh : If the first proposer gives permission to the second, it is permissible, because the right is his and he has given permission in it.
Now, if the second one did not know about the first one’s proposal, it is also permissible, permissible, and on this basis, the proposal of Usamah and who?
The student: Abu Jahm.
The Shaykh : And Abu Jahm and Mu'awiyah, three, proposed to one woman.
The important thing is to say, with knowledge, it is not valid, but if he gives permission, is he obligated to withdraw the proposal or can he keep it?
The student: He is obligated to withdraw it.
The Shaykh : In any case, if he asks the first proposer and says: I gave you permission, if he does not withdraw: first, we say that this man proposed in a permissible manner, so he is not obligated to withdraw his proposal ... .
Then he said: : When he mentioned the right of a man over a man, he mentioned the right of a woman over a woman, he said: Sahih al-Bukhari 2140 .
The student: It is in the nominative case.
The Shaykh : Yes, it is conjoined with "does not sell".
"Sahih al-Bukhari 2140 Agreed upon by al-Bukhari and Muslim " :
A woman should not ask: Is the woman meant here the wife, or is it general?
The student: General.
The Shaykh : The apparent meaning is general, meaning whether it is the wife who asks for her divorce or someone else, so the Prophet (peace and blessings be upon him) forbade her from asking for her sister’s divorce, her sister from whom? Her Muslim sister, meaning it is not permissible for a woman to say to a man: Divorce so-and-so, and his saying:Sahih al-Bukhari 2140 : Is the lam here for the result or for the cause?
The student: For the outcome.
The Shaykh : For the result, the lam is for the result, because the prohibition of divorce is whether for this purpose or otherwise, except if there is a public benefit, and we will discuss that.
Now, his saying:Sahih al-Bukhari 2140 : is an allusion to overturning the husband’s vessel, because when the husband spends on his wife, he brings her food in the vessel, so if she is divorced, it is as if the one who asked for divorce has deprived her of this food, so he said: .
And his saying: : Does it mean her sister by blood or by breastfeeding?
The student: No, no, general, in religion.
The Shaykh : Her sister in religion, okay, but from this hadith, from his saying: : that the Messenger forbade this, and the sister meant is the sister in religion, so do we say that if she asks for the divorce of a Christian woman married to a Muslim, she has that right? No, we say this is based on what? On the common practice.
This hadith has several benefits we will take now, if Allah wills:
The student: And in a narration.
The Shaykh : Yes, in a narration, " And in a narration by Muslim: " : This "does not outbid" is not a negative imperative, because it made the verb jussive, Bulugh al-Maram 7:35 :
The bid is the estimation of the price by the buyer, the estimation of the price by the buyer, and it is well known. But the bid is of two types: a bid with competition, and a bid that the seller is content with ... the contract.
As for the first, it is permissible by consensus, selling with an increase, everyone buys goods, so if the buyers compete, this one says: for ten, the second says: eleven, the third: thirteen, and so on, but if the seller relies on the buyer and there is only the obligation of the contract left - may Allah have mercy on you - it is not permissible for anyone to step forward to the seller, because the seller is satisfied, but if the seller says: Who will bid more? or after he relied on him, he hears that so-and-so wants this good, so he goes and asks for an increase from the first, then goes to the second, this is not permissible.
nor is he to propose to whom his brother has proposed.
ولا يخطب على خطبة أخيهNor does he propose marriage
ولا يخطبTo a woman already proposed to by his brother
على خطبة أخيهbut do not cooperate in sin and aggression
ولا تعاونوا على الإثم والعدوانbut do not transgress. Indeed. Allah does not like transgressors.
ولا تعتدوا إن الله لا يحب المعتدينNow, regarding his saying:
on the proposal of his brother
على خطبة أخيهon the sale of his brother
على بيع أخيهThe student: It is not permissible.
Another student: It is permissible.
The Shaykh : Now, if a Christian man proposes to a Christian woman, is it not permissible for a Muslim to propose to a Christian woman? It is permissible, so if he learns that this Christian man has proposed to a Christian woman, he goes and proposes to her, we say: it is not permissible, and his saying:
on the proposal of his brother
على خطبة أخيهAnd his saying:
does not propose
لا يخطبThe student: Yes.
The Shaykh : Unlike the man, and the answer to you is that it can be said: Yes, this is possible, but who said that this man can take two when he can only afford one, so he cannot take the other, so in this, proposing to this woman while her sister is already proposed to, there is an encroachment.
The correct view is that it is not permissible.
And his saying:
on the proposal of his brother
على خطبة أخيهIf someone says: it is not permissible, because there is a possibility that he will propose again, because some people, if rejected the first time, go away for a while, then return, as long as he has a desire for the wife, for the woman, what do you say?
We say: Yes, this is a possibility, but as long as he was rejected, he can go and propose, it is permissible for him to go and propose to this woman, okay.
And a man should not ask for the hand of a girl who is already engaged to his Muslim brother
ولا يخطب الرجل على خطبة أخيهThe student: Yes, it is permissible.
The Shaykh : Yes, it is permissible, why? Because the proposal is now not established.
Now, if a man proposes to a woman who is already proposed to by another man, but he did not know, is it permissible or not?
The student: It is permissible.
The Shaykh : Why?
The student: He did not know.
The Shaykh : Yes, because the Messenger said:
nor is he to propose to whom his brother has proposed.
لا يخطب على خطبة أخيهNow, if he learns that he proposed, but does not know whether they rejected him or accepted him, can he propose?
The student: No.
The Shaykh : The correct view is that he cannot propose, contrary to those who said that this is specific to when they accepted him, but if they rejected him or he does not know whether they rejected him or not, he can propose, this is not correct.
And the conclusion is that the first man’s proposal: either it is accepted, or rejected, or its status is unknown, if it is accepted, the proposal is forbidden, and there is no doubt in it, if it is rejected, the proposal is permissible, and there is no doubt in it, if it is unknown, he does not know whether they rejected him or accepted him until now: the scholars have differed on this issue with two opinions, and the correct view is that he should not propose, because the proposal is currently established, and it may be that in their intention they would have agreed if not for the second proposal, so the correct view is that if a person does not know whether it was rejected or accepted, he should not propose, if he gives permission?
The student: It is permissible.
The Shaykh : If the first proposer gives permission to the second, it is permissible, because the right is his and he has given permission in it.
Now, if the second one did not know about the first one’s proposal, it is also permissible, permissible, and on this basis, the proposal of Usamah and who?
The student: Abu Jahm.
The Shaykh : And Abu Jahm and Mu'awiyah, three, proposed to one woman.
The important thing is to say, with knowledge, it is not valid, but if he gives permission, is he obligated to withdraw the proposal or can he keep it?
The student: He is obligated to withdraw it.
The Shaykh : In any case, if he asks the first proposer and says: I gave you permission, if he does not withdraw: first, we say that this man proposed in a permissible manner, so he is not obligated to withdraw his proposal ... .
Then he said:
nor should a woman ask for the divorce of her sister
ولا تسأل المرأةand a woman should not try to cause some other woman to be divorced in order to take her place.
ولا تسألَ المرأة طلاق أختها ، لتكفأ ما في إنائهاThe student: It is in the nominative case.
The Shaykh : Yes, it is conjoined with "does not sell".
"
and a woman should not try to cause some other woman to be divorced in order to take her place.
ولا تسأل المرأة طلاق أختها لتكفأ ما في إنائهاA woman should not ask: Is the woman meant here the wife, or is it general?
The student: General.
The Shaykh : The apparent meaning is general, meaning whether it is the wife who asks for her divorce or someone else, so the Prophet (peace and blessings be upon him) forbade her from asking for her sister’s divorce, her sister from whom? Her Muslim sister, meaning it is not permissible for a woman to say to a man: Divorce so-and-so, and his saying:
in order to take her place
لتكفأ ما في إنائهاThe student: For the outcome.
The Shaykh : For the result, the lam is for the result, because the prohibition of divorce is whether for this purpose or otherwise, except if there is a public benefit, and we will discuss that.
Now, his saying:
in order to take her place
لتكفأ ما في إنائهاso that she may overturn what is in her vessel
لتكفأ ما في إنهائهاAnd his saying:
the divorce of her sister
طلاق أختهاThe student: No, no, general, in religion.
The Shaykh : Her sister in religion, okay, but from this hadith, from his saying:
the divorce of her sister
طلاق أختهاThis hadith has several benefits we will take now, if Allah wills:
The student: And in a narration.
The Shaykh : Yes, in a narration, " And in a narration by Muslim:
nor should he bid
ولا يسمA Muslim must not offer a price above that offered by another Muslim.
ولا يسم المسلم على سوم المسلمThe bid is the estimation of the price by the buyer, the estimation of the price by the buyer, and it is well known. But the bid is of two types: a bid with competition, and a bid that the seller is content with ... the contract.
As for the first, it is permissible by consensus, selling with an increase, everyone buys goods, so if the buyers compete, this one says: for ten, the second says: eleven, the third: thirteen, and so on, but if the seller relies on the buyer and there is only the obligation of the contract left - may Allah have mercy on you - it is not permissible for anyone to step forward to the seller, because the seller is satisfied, but if the seller says: Who will bid more? or after he relied on him, he hears that so-and-so wants this good, so he goes and asks for an increase from the first, then goes to the second, this is not permissible.