Explanation of the Book of Marriage-03

The Shaykh : He said: "And from Ibn 'Umar (may Allah be pleased with them both), he said: The Messenger of Allah (peace and blessings be upon him) said:

Narrated Abu Hurairah: It was narrated from Abu Hurairah that the Prophet said: "None of you should propose marriage to a woman when someone else has already proposed to her."

لا يخطب أحَدُكُمْ عَلَى خطبة أَخِيهِ

Sunan an-Nasa'i 3240Sahih (Darussalam)

".
And in another wording: , and the difference between them is: if it were said with a sukun, then "la" would be a prohibitive particle, and the prohibitive particle puts the verb in the jussive mood. As for the narration: with a dammah, then "la" is a negative particle. The difference between negation and prohibition is: prohibition is a command to seek, or more accurately, a command to refrain. As for negation , it indicates that it is not the conduct of a believer to propose to a woman on whom his brother has already proposed. For this reason, the scholars said: the indicative statement in the place of a command is more emphatic than the pure command, as if he is saying: this is a settled matter that cannot happen. Is that clear, everyone? So the indicative statement in the place of a command is more emphatic than the command. Why? Because a command may be carried out or may not be carried out. But if the sentence is indicative, it is as if the matter is settled that it will be done. For example, His saying, the Exalted:
Now, khitbah, with a kasrah, is the request for marriage from a woman. As for khitbah with a dammah, it is the word that is spoken and with which one proposes. So here there is a difference that a person must know. With a kasrah on the khah, it is?
The student: The request for marriage.

The Shaykh : And with a dammah, it is the word that is spoken and with which one proposes.
His brother in lineage, or his brother in religion, or his brother in humanity. The middle one is his brother in religion. As for his brother in lineage, if he is a believer, then he is his brother in his religion. And if he is not a Muslim, the ruling on him will come later.
His saying: means: his believing brother. Because Allah, Mighty and Majestic, said: And He used the word "his brother," instead of "on the proposal of a man," for example, to evoke sympathy and urge against proposing on his proposal. Because he is your brother, so how do you encroach upon his right and propose to the woman he has proposed to? So it is from the category of what? Evoking sympathy. Evoking the sympathy of the person addressed, so that he does not propose.
And his saying: means: until the suitor, who is his brother, leaves her off. And the meaning of "leaves her off" is that he leaves off the proposal and explicitly renounces it, either to the woman's family, or to one of his companions, or to any person. The important thing is: that it is established that the man left off the proposal and renounced it.
Or gives him permission. Yes, he gives him permission specifically. For example, a person hears someone say: I want to propose to so-and-so's daughter, and the listener has already proposed to her before. So the listener says to him: I have already proposed to her, but I have given you permission to propose to her. This is explicit permission.
Now, his saying: , indicates that the suitor's permission is necessary. So if he gives permission to someone else, that does not benefit, because a person may renounce his proposal to a woman for a specific person and not renounce it for another person. What? For another person. For example: he sees that the second suitor, or the one who wants to propose to her, is more beneficial for her than he is, either because of his wealth, or his knowledge, or for some reason. So he gives him permission, but he does not give general permission. So here, the permission is specific to the one who was named and given permission only.