Benefits of the Hadith: (A woman came to the Messenger of Allah (peace and blessings be upon him) and said: O Messenger of Allah, I have come to offer myself to you...)
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The Shaykh : This hadith contains many benefits: some scholars have extracted more than forty benefits from it, more than forty, while some scholars may not be able to extract twenty benefits, and it is possible that those who are not scholars cannot understand more than six or seven benefits, because people differ greatly in understanding. Sometimes a single text yields many benefits for some scholars, while others do not extract many benefits from it. For this reason, it was said to 'Ali ibn Abi Talib: Did the Prophet (peace and blessings be upon him) give you something specifically, meaning from knowledge? He said: "No, by He who splits the seed and releases the soul, except for an understanding that Allah grants to whom He wills in His Book". So this has no limit. "And what is in this sheet? They said: What is in this sheet? Intelligence, freeing the captive, and that a Muslim is not killed for a disbeliever". These are three issues, and the rest is what? It is an understanding that Allah grants to whom He wills. So you will find that some people extract many issues from a single text, while others do not. So let us return to these issues first.
In this hadith: it is permissible to speak about something ambiguous if no benefit is attached to specifying it, due to his saying:, and he did not specify her because specifying her has no benefit and there is no necessity for it.
Second, in this hadith: the permissibility of a woman offering herself to the Messenger of Allah (peace and blessings be upon him) as a pure gift without compensation, due to his saying:Bulugh al-Maram 8:13. And can others be analogized to this?
The student: No.
The Shaykh : No, it is not permissible for a woman to offer herself to anyone as a pure gift without compensation. The evidence for this is the saying of the Exalted:[Al-Ahzab 33:50] exclusively for you, other than the believers. Now, if a woman marries herself to a person without a mahr, the marriage is valid, and she is owed the mahr al-mithl (the equivalent mahr). And at that point, we stop here to divide this issue.
The first category: that a man marries a woman with a specified mahr, such as the woman's guardian saying: I have married you to my daughter with a mahr of ten thousand. This is permissible and there is no harm in it by consensus. And in the hadith, at its end:Sunan Abi Dawud 2111Sahih (Al-Albani).
The second category: that he marries her with a specified mahr, but it is not known, such as saying: I have married you to her with the money in your hand, and he has a bundle of money with him, saying: I have married you to her with the money in your hand. This is also permissible, and ignorance of it does not harm, because the marriage contract is not one of the contracts of exchange where there is contention, and where each of the contracting parties seeks financial profit. The marriage contract is a contract of enjoyment, regardless of its compensation. So this is valid.
The third category: that he marries her and remains silent, saying: I have married you to my daughter, and he says: I accept, and he does not mention a mahr for her. Here, the marriage is also valid by consensus, and she is owed the mahr al-mithl. She is owed the mahr al-mithl.
The fourth category: that he marries her and the husband stipulates that there is no mahr on him, saying: I accept the marriage, but on the condition that there is no mahr on me. What is the ruling?
In this issue, there are two opinions among the scholars:
The first opinion: that the marriage is not valid, because Allah stipulated for permissibility what? Money. He said:[An-Nisa 4:24]. This is the choice of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him). And on this basis, there is no marriage in this case, and this person who was contracted for becomes a suitor among suitors. If he proposes anew and we are pleased to marry him, we marry him with a mahr.
The second opinion in this matter is that the marriage is valid and she is entitled to the mahr of a similar woman, by analogy to the case where a man marries a woman without specifying a mahr. However, this is an analogy with a difference, because the validity of a marriage contracted without specifying a mahr is established by the Sunnah, and indeed by the Qur'an and the Sunnah. Allah the Exalted said:[Al-Baqarah 2:236] He said: [Al-Baqarah 2:236].
And it is known that divorce does not occur except after the validity of the contract, and this verse is explicit that a man divorces his wife without specifying a mahr for her. As for the Sunnah, it is the hadith of Ibn Mas'ud (may Allah be pleased with him):. Do you understand now?
The student: Yes.
The Shaykh : This is not valid to be analogized to the case where he married her and stipulated that there is no mahr, because if he stipulates that there is no mahr, it is completely contrary to the apparent meaning of the Qur'an, which is the saying of the Exalted, what?[An-Nisa 4:24]. So the correct opinion in this issue is what Shaykh al-Islam held.
Also, if he marries her on the condition that there is no mahr on him, this is the reality of the gift, is it not? And Allah the Exalted said regarding the gift that it is specific to the Messenger (peace and blessings be upon him).
Among the benefits of this hadith: the permissibility of the suitor looking at the woman he proposes to, due to his saying:. If it is said: The Messenger (peace and blessings be upon him) did not propose, we say: This is more deserving than the suitor, that the woman offers herself to the man. This is more eloquent. So if it is permissible for the seeking suitor to look, what about the sought-after woman?
The student: A fortiori.
The Shaykh : It is even more permissible, now.
And among the benefits of the hadith: the permissibility of the suitor repeating the look at the woman he proposes to, due to his saying:. And it is so, so there is no harm for the suitor to repeat the look at the woman he proposes to. But it has preceded us that there must be conditions, there must be conditions, because the first or single look may not give a person a complete idea of the woman.
Now, among the benefits of this hadith: that it is not obligatory for a woman to cover her face from non-mahram men, because the Prophet (peace and blessings be upon him) elevated the look and approved it. And the most desirable thing for a man regarding the woman he proposes to is the face. And on this basis, there is evidence in the hadith for the permissibility of a woman uncovering her face before non-mahram men. This is how some scholars used it as evidence. And the truth is that there is no evidence in the hadith. First: because there is a general answer to every hadith indicating that a woman is allowed to uncover her face before non-mahram men. There is a general answer, which is that it is known that uncovering the face has two states: a state of permissibility, and a state of prohibition, is it not? Meaning that uncovering the face in the early days of Islam was permissible, because the hijab was not prescribed until the fifth or sixth year. So every hadith indicating that a woman uncovers her face before non-mahram men may be from before the hijab. And if it is from before the hijab, there is no evidence in it. And the known rule among scholars in using evidence is that what is possible cannot be valid evidence, because the possible has two meanings, so taking it to one of the meanings without evidence requires evidence. For this reason, they said: "When possibility is found, evidence is invalidated". So at that point, we say: this hadith is the hadith of Sahl. If it is established that the woman was uncovering her face, it is attributed to what was before the hijab. However, we also prevent, we prevent this hadith from being an indication of a woman uncovering her face, because it does not follow from elevating the look and approving it that she was uncovering. A person may infer a woman from her frame, the beauty of her body, and her proportions, for example, because one may infer the detail from the general. So there is no clear evidence in it that she uncovered her face. And at that point, the texts indicating the obligation of covering the face from non-mahrams remain decisive with no contradiction.
Now, and among the benefits of this hadith: the good character of the Messenger (peace and blessings be upon him). Where is it taken from?
The student: He lowered his head.
The Shaykh: From his saying:. He did not say: I do not want you, and he did not want her, so he did not say: I accept. But from his good character, he lowered his head like this and remained silent.
And among the benefits of this hadith: the good manners of this woman, because she sat and did not speak and did not get angry, as the common expression says, she did not get angry and leave. Even though the situation required her to get angry, to get angry. A woman came offering herself to a man in front of people, and then he did not accept. But from her manners (may Allah be pleased with her) and her patience and endurance, she sat, hoping that the Prophet (peace and blessings be upon him) would accept. She did not know, perhaps Allah would bring about a matter after that, so she sat.
Among the benefits of this hadith is also the excellent etiquette of the Companions (may Allah be pleased with them) in addressing the Prophet (peace and blessings be upon him). Where is this taken from? From the man’s saying: “O Messenger of Allah, if you have no need for her, then marry me to her.” He did not say, “O Messenger of Allah, marry me to her,” but rather, “If you have no need for her.” This is similar to the statement of the man with two hands when the Prophet (peace and blessings be upon him) concluded the prayer with two rak'ahs in the Dhuhr or 'Asr prayer. When the Prophet (peace and blessings be upon him) prayed Dhuhr or 'Asr with two rak'ahs and concluded the prayer, the Prophet (peace and blessings be upon him) was awe-inspiring, and even his closest companions, Abu Bakr and 'Umar, who were his closest, were afraid to speak to him. But there was a man in the group with two long hands whom the Prophet (peace and blessings be upon him) used to joke with, calling him “the man with two hands.” A person who jokes with someone is, in a sense, striking at his companion. So the man with two hands said:Sunan Abi Dawud 1008Sahih (Al-Albani). He did not say, “You forgot,” nor did he say, “It was shortened.” The quick ones among the people went out saying, “The prayer was shortened,” but this man said, “Did you forget, or was the prayer shortened?” This is the perfection of etiquette. There is a third possibility, but it is not applicable to the Messenger (peace and blessings be upon him). Logical division requires three possibilities: he forgot, it was shortened, what is the third?
The student: Intention.
The Shaykh : Intentionally concluding the prayer before its completion. This third possibility is not applicable, and therefore he did not mention it. Had he mentioned it, it would have been a great breach of etiquette, but he did not mention it. So the Prophet (may Allah’s prayers and peace be upon him) said:Sunan an-Nasa'i 1224Sahih (Darussalam) How could I have forgotten, and how could it have been shortened? One of the two possibilities is incorrect, and it is a report. Is there anything in the reports of the Prophet (peace and blessings be upon him) that is not correct? No, but based on his assumption, based on his assumption. And from this we take a great benefit: that one who chooses based on his assumption, and the matter turns out contrary to his assumption, is not considered a liar. And if he was swearing an oath, he has not broken it, whether in the future or in the past. When he said: Sunan an-Nasa'i 1224Sahih (Darussalam) Here are two negated matters: a possible matter and an impossible matter. When the Messenger (peace and blessings be upon him) affirmed it, what is the impossible one? Shortening. When he said, “It was not shortened,” the second one, which is forgetting, became certain. And therefore he said to him: So there was a conflict between what was in the Prophet’s (peace and blessings be upon him) mind and what was in the mind of the man with two hands, because the Prophet (peace and blessings be upon him) believed that the prayer was complete, and the man with two hands said that it was not complete. So he needed a judge between them. So he turned to whom? To the people. He said: Sunan Ibn Majah 1213Sahih (Darussalam).
I say: whoever sees the etiquette of the Companions finds them to be at the peak of etiquette with the Messenger (peace and blessings be upon him). And therefore he said here:Muwatta Malik 28:8.
Among the benefits of the hadith: that the Prophet (peace and blessings be upon him) has the right to marry without a guardian. He has the right to marry without a guardian, because when the woman said: he did not say, “Where is your guardian who will marry you?” And likewise, he has the right to marry without a mahr and without a guardian. And Allah the Exalted has granted him many special privileges in the matter of marriage, because there is a great benefit in this. Every woman who is connected to the Messenger (peace and blessings be upon him) will preserve for us many sunnahs and much knowledge regarding his private matters. And therefore, it was permitted for him to marry as much as he wished until [Al-Ahzab 33:52] was revealed.
And among its benefits: that the Prophet (peace and blessings be upon him) has the right to give a woman in marriage without referring to the guardian. When the man said, “Marry me to her,” he did not say, “I am not her guardian,” nor did he say, “Where is your guardian?” This indicates that the Prophet (peace and blessings be upon him) has the right to give a woman in marriage without referring to the guardian. Yes, and likewise, by the saying of Allah the Exalted:[Al-Ahzab 33:6] He is more entitled to this woman than her guardian. If he is more entitled to her than she is to herself, then he is more entitled to her than her guardian. Good.
And among the benefits of this hadith: the permissibility of the mahr, whether it is little or much. Where is this taken from?
The student: Something.
The Shaykh : From the word “something,” and “something” is an indefinite noun in the context of what?
The student: ...
The Shaykh : Do you have any of something?
The student: The interrogative.
The Shaykh : Be decisive, everyone.
The student: The interrogative.
The Shaykh : In the context of a question, and an indefinite noun in the context of a question.
The student: It generalizes.
The Shaykh : It indicates generality.
Good, does it include everything, even if it is not a monetary value?
The student: No.
The Shaykh : According to the Zahiris, yes. According to the Zahiris, it includes everything, even if it is not a monetary value, even if he said, “I have married you to her for the shell of an egg,” yes, because it is something. Even if he said, “I have married you to her for a grain of barley,” because?
The student: It is something.
The Shaykh : Because it is something. But this opinion is very weak, because that which has no monetary value is not something, is it not? Yes. And the evidence for the weakness of this opinion is the saying of Allah the Exalted:[An-Nisa 4:24] What? [An-Nisa 4:24] So the mahr must have a monetary value. Then there is also another evidence, which is the saying of Allah the Exalted: [Al-Baqarah 2:237] And a grain of barley?
The student: It does not suffice.
The Shaykh : It does not suffice. The important point: this is a defect in the one who argues from evidence, that he takes one evidence and leaves the rest of the evidences. And therefore, it is very difficult for a person to grant himself the door of ijtihad without having a breadth of knowledge. Now, some people, especially the new generation, you find that when they know an issue with its evidence, they rule immediately without looking at the rest of the evidences. And this is a deficiency, because the evidences of the Shari'ah are, in reality, a single mass that cannot be divided. A person must have a comprehensive understanding. And it is known that it is not possible to comprehend every evidence, but he must have something.
Good, among the benefits of this hadith: the permissibility of swearing an oath without being asked to do so. Yes?
The student: No, by Allah.
The Shaykh : From the man’s saying:Sahih Muslim 1073a From his saying: Sahih Muslim 1073a Even though the Prophet (peace and blessings be upon him) did not ask him to swear an oath. But the situation required affirmation, so the man swore an oath.
And among its benefits: the permissibility of addressing a person of high status with “no.”
The student: No, by Allah.
The Shaykh : From his saying: “No.” And there are corroborating instances. The Prophet (peace and blessings be upon him) said to Jabir ibn 'Abd Allah: “Sell it to me,” meaning sell me the camel. So he said: “No.” People now consider it a fault to say the word “no” to a person of high status and authority. They say, “What is wrong with you?” instead of “no.” But since the Companions (may Allah be pleased with them), who are more perfect than us in etiquette, address the Messenger (peace and blessings be upon him), who is the greatest of people in authority and honor, with the word “no,” then it is not befitting for us to abandon it and say that something else is better than it.
And among the benefits of this hadith: the wisdom of the Prophet (peace and blessings be upon him) when he said to him:Sahih Muslim 1425a Because the Prophet (peace and blessings be upon him) only said that due to the possibility that this man had something in his house that he did not know about. And this happens often; there is something in your house and you deny it, but it is present, either by forgetfulness or because you do not know about it, is it not? Often the family brings something and you do not know. So we take from this: the wisdom of the Messenger (peace and blessings be upon him) in dealing with the Companions.
Among the benefits of this hadith: the perfection of the etiquette of the Companions also with the Messenger (peace and blessings be upon him). For when the man said to him:Sahih Muslim 1425a he went, even though at first he was saying: And yet he went. And this going can be interpreted as obedience to the command of the Prophet (peace and blessings be upon him), and it can be interpreted that the man estimated in his mind that perhaps the Messenger (peace and blessings be upon him) had been informed through revelation that there was something in the house that he did not know about. And therefore the man went. In any case, it indicates the perfection of his etiquette, because he went without asking for clarification.
Among the benefits of this hadith is the permissibility of wearing an iron ring, based on his saying:Sunan an-Nasa'i 3339Sahih (Darussalam) The purpose of a ring is to be worn; otherwise, what is the benefit of an iron ring that is not worn? One might say it can be sold. But sold to whom? To the one who wears it. The scholars differed on this issue. Some said it is not permissible to wear an iron ring, citing a hadith, but it is weak, in which the Messenger of Allah (peace and blessings be upon him) said: . This indicates blame. However, the correct view is that it is permissible, based on the authentic hadith in the two Sahihs, which is stronger than his saying: . As for the hadith: , it is possible that the meaning is that the polytheists at that time used to adorn themselves with it, so he said it is their adornment, to deter from imitating them, not because of a dislike of iron itself. Allah knows best. But since we have an authentic hadith in the two Sahihs, it is preferable to act upon it. Is the watch strap, which is used to keep the watch, analogous to that? What is it called? The strap or...? Some scholars see that it is analogous to the iron ring, and that it is not permissible for a man, according to the view of prohibition or dislike, to wear this type of watch strap. However, there may be objection to that, because the predominant purpose of these straps is to keep the watch, without regard to it being an adornment. Even if some people may intend this strap, and for this reason you find them choosing a specific one over another. But if we say that the original, which is the ring, is not forbidden, then this branch is even more so.
He said, "No, by Allah, I did not find anything beyond this. This is the end of what preceded regarding deriving benefits from it."
So the Prophet (peace and blessings be upon him) said:Sunan an-Nasa'i 3339Sahih (Darussalam). From this phrase, we first benefit by knowing that the mahr (bridal gift) is valid whether small or large, based on his saying: Sunan an-Nasa'i 3339Sahih (Darussalam). It is also valid in benefits, as will come if Allah wills. It is also derived from this phrase: the permissibility of wearing an iron ring, based on his saying: Sunan an-Nasa'i 3200Sahih (Darussalam). And in that case, reconciliation is required between this and the Prophet's (peace and blessings be upon him) description of the iron ring as the adornment of the people of the Fire. Reconciliation is only required in the case of conflict for the sake of preference. This hadith, as you saw, is in the two Sahihs. As for the hadith that the iron ring is the adornment of the people of the Fire, many scholars weakened it and said it is not authentic from the Prophet (peace and blessings be upon him). In that case, it does not oppose this authentic hadith such that reconciliation would be required.
Among the benefits of this hadith is that there was great poverty among the Companions, such that a man would not find anything but what he wore, as is taken from his saying:Sunan an-Nasa'i 3339Sahih (Darussalam).
Among the benefits of this hadith is that it is not obligatory to cover the upper part of the body. The reason is that this man did not have a rida (cloak), as Sa'ih said:. Also indicating this is the hadith of Jabir ibn 'Abd Allah (may Allah be pleased with them both), in which the Prophet (peace and blessings be upon him) said regarding the garment: . And Jabir himself (may Allah be pleased with him) prayed in an izar (lower garment), and his rida was with him, and he was able to wear it.
Among the benefits of this hadith is the permissibility of swearing an oath without being asked to do so, because the man swore without the Prophet (peace and blessings be upon him) asking him to, and the Prophet (peace and blessings be upon him) approved him. The Prophet (peace and blessings be upon him) does not approve of anything that is forbidden. For this reason, one of the proofs of permissibility is the approval of the Prophet (peace and blessings be upon him) of something, just as the scholars (may Allah have mercy on them) used to cite this as proof of the permissibility of a thing, saying: This was done in the time of the Prophet (peace and blessings be upon him). Yes.
Among the benefits of this hadith is also that a person is not allowed to give away his necessities to others, based on the saying of the Prophet (peace and blessings be upon him):Sunan an-Nasa'i 3339Sahih (Darussalam). Nothing was required of you from it. The apparent meaning of this hadith, this phrase, has a problem due to his saying: . That is because the izar of men does not resemble the izar of women. And if it does not resemble it, then a woman wearing an izar would be imitating men. And women imitating men is one of the major sins, because the Prophet (peace and blessings be upon him) cursed the women who imitate men. So what do we say about the apparent meaning of this hadith? It can be answered by saying that the intended meaning of her wearing it is her using it, whether she wears it in the manner a man wears it or in another manner, such as making it into trousers, for example, because wearing has many different forms. Even Anas ibn Malik (may Allah be pleased with him), when he mentioned the Prophet's (peace and blessings be upon him) visit to him and his mother or grandmother Mulaika, mentioned that he took a mat that had turned black from being worn for a long time. The mat is not worn, but it is used. So wearing is according to the nature of each thing. If the apparent meaning of this hadith is that the woman wears the man's izar, then it must be understood that she wears it in a way that does not resemble the man's wearing of it, so that she does not fall into the imitation that is threatened with a curse.
Among the benefits of this hadith is that if a person is patient, he will succeed. This man stayed and prolonged his standing, so when he stood up, Allah made a way out for him. He said:Sahih Muslim 1425a.
Among the benefits of this hadith is the permissibility of making a benefit as mahr, based on his saying when he said:Bulugh al-Maram 8:13. Is that clear? So it is permissible for the mahr to be an item, and it is permissible for it to be a benefit. Also indicating this, meaning supporting this, is what happened to Musa (peace be upon him), for the mahr of one of the two daughters was tending the sheep for eight years or ten years.
Among the benefits of this hadith is the permissibility of taking a wage for teaching the Qur'an. The permissibility of taking a wage for teaching the Qur'an. Is that clear? Because the compensation for this appointment was the few months, and the few months are not made lawful except by money, based on the saying of the Exalted:[An-Nisa 4:24].
Among its benefits is also the permissibility of making teaching the Qur'an as a wage. Is there a difference between this benefit and the one before it?
The student: Yes.
The Shaykh : Yes, what is the difference?
The student: The difference is if it is... and if it is without compensation.
The Shaykh : No, no, we mentioned two benefits. The first: the permissibility of taking a wage for teaching the Qur'an. And the second: the permissibility of making teaching the Qur'an as a wage. Yes?
The student: The first is one who teaches the Qur'an and takes a wage for it.
The Shaykh : For the teaching.
The student: For the teaching, and the second is making it a wage, for example, one gives or marries his daughter and he makes this Qur'an her mahr, or gives something and it is in exchange for... the Qur'an.
The Shaykh : For example, a person said, "I have a house," so I said, "Rent it to me on the condition that I teach you the Qur'an." A person whose mother does not know the Qur'an, so I said, "Rent it to me by teaching you the Qur'an." Here we made the teaching of the Qur'an itself the wage.
As for the first issue, we made the one who teaches the Qur'an take a wage for it, money, dirhams. So there is a difference between the two issues. Some scholars went to the view that it is not permissible to make teaching the Qur'an as mahr. It is not permissible to make teaching the Qur'an as mahr. They cited a weak hadith as proof, in which the Prophet (peace and blessings be upon him) said:. This hadith is weak and not authentic. And even if it were authentic, it is possible to interpret his saying "for those after you" as meaning after your state, as we said in the hadith.
The student: Abu Burdah ibn Niyar.
The Shaykh : Abu Burdah ibn Niyar, when the Prophet (peace and blessings be upon him) said to him regarding the she-camel:Sahih Muslim 1961i. Shaykh al-Islam Ibn Taymiyyah said: "The intended meaning of 'after you' is not in time, but in state and description". That is because the Islamic Shari'ah does not give a person a ruling to specify his person. It does not give him, for example, "This is forbidden for Zayd because he is Zayd" forever, because all the rulings of the Shari'ah are tied to the description and the meaning that necessitates them, even the characteristics of the Prophets (peace be upon them) are not characteristics of their persons. The Prophet (peace and blessings be upon him) was given clear signs because he is Muhammad ibn 'Abd Allah?
The student: No, the Messenger of Allah.
The Shaykh : Because?
The student: The Messenger of Allah.
The Shaykh : The Messenger of Allah, because he is the Messenger of Allah. And this is what Ibn Taymiyyah went to, which is the truth: that the Shari'ah does not give a specific person a ruling except for a general reason or a meaning that necessitates it, which includes in the ruling whoever shares in this meaning. Good.
Among the benefits of this hadith is that it may contain an indication of the condition of the ability to deliver the mahr. From where? From his saying:As-Sunan al-Kubra lil-Nasa'i 30:215. Because a person who does not read the Qur'an from memory may not obtain a mushaf (written copy of the Qur'an), especially in the previous time in the era of the Messenger (peace and blessings be upon him). But the one who memorizes it from memory is able to teach. Yes.
Among the benefits of this hadith is that the marriage contract is established by any wording that indicates it, based on his statement:Sahih Muslim 1425a The school of thought (madhhab) holds that a specific wording is required, namely the wording of marriage (tazwij) or nikah, or the master saying to his slave woman: "I have freed you and made your freedom your mahr," as occurred from the Prophet (peace and blessings be upon him) with Safiyyah bint Huyayy, for the Prophet (peace and blessings be upon him) freed her and made her freedom her mahr. Now, the well-known position of the school is that it is not valid except with the wording of nikah, tazwij, "I have given you possession of her," or "I have freed you and made your freedom your mahr" in the case of a slave woman. The correct view is... yes, before this, let us ask: what is the evidence? They said: because this is the wording that came in the Qur'an. Allah the Exalted said: [Al-Ahzab 33:49] And He said: [Al-Baqarah 2:221] This is the wording that came in the Qur'an, so we must be restricted to it. It is said: the intended meaning of this wording is not to specify the exact words, but to clarify the intended meaning and concept. If you follow this path in argumentation, it necessitates that you say a sale contract is not established except with the wording of sale, because this is the wording that came in the Qur'an. So the wording of nikah or tazwij or similar is only to indicate the intended meaning, not to specify these exact words. And anything that is not worshipped by its specific wording is referred back to custom (urf). This is a beneficial rule: "Anything that is not worshipped by its specific wording is referred back to custom" in contracts, because the reality of contracts returns to the agreed-upon custom. Therefore, the correct view is that the marriage contract, like other contracts, is established by any wording that indicates it, whether with the wording of tazwij or nikah, or with the wording: "I have freed you and made your freedom your mahr," or "I have given you possession of my daughter," or "I have married you to my daughter," or similar, as long as this wording defines the meaning, the marriage is established by it. Yes.
Among the benefits of this hadith is that it is obligatory for the husband to deliver the mahr, based on his statement:.
Among the benefits of his statement: is the refutation of the claim of those who said that the preposition "ba" in his statement: what? is for causality, and that its meaning must be "in exchange for," i.e., "I have given you possession of her with what you have of the Qur'an" such that you teach it to her.
In one narration, he said to him:Mishkat al-Masabih 3202 And in a narration by al-Bukhari: Bulugh al-Maram 8:13.
And Abu Dawud has: from Abu Hurayrah (may Allah be pleased with him) who said: Surah or not a surah?
The student: Surah.
The Shaykh : Now, is this interrogative, meaning: what do you memorize of the Qur'an? He said: Surah with the accusative case (naseb), is that so? In order to match the answer to the question, like the statement of Allah the Exalted: [Al-Baqarah 2:219]. With the accusative case, so the correct is But this wording narrated by Abu Dawud contradicts the wording in the two Sahihs (al-Bukhari and Muslim), because the apparent meaning of the wording in the two Sahihs is that he married her with everything he had of the Qur'an, and this one says: So it appears that this wording is not preserved.
In this hadith: it is permissible to speak about something ambiguous if no benefit is attached to specifying it, due to his saying:
A woman came
جاءت امرأةSecond, in this hadith: the permissibility of a woman offering herself to the Messenger of Allah (peace and blessings be upon him) as a pure gift without compensation, due to his saying:
O Allah's Messenger, I came to offer myself to you (in marriage).
يا رسول الله جئت أهب لك نفسيThe student: No.
The Shaykh : No, it is not permissible for a woman to offer herself to anyone as a pure gift without compensation. The evidence for this is the saying of the Exalted:
O Prophet, indeed We have made lawful to you your wives to whom you have given their due compensation and those your right hand possesses from what Allah has returned to you [of captives] and the daughters of your paternal uncles and the daughters of your paternal aunts and the daughters of your maternal uncles and the daughters of your maternal aunts who emigrated with you and a believing woman if she gives herself to the Prophet [and] if the Prophet wishes to marry her, [this is] only for you, excluding the [other] believers
يَاأَيُّهَا النَّبِيُّ إِنَّا أَحْلَلْنَا لَكَ أَزْوَاجَكَ اللَّاتِي آتَيْتَ أُجُورَهُنَّ وَمَا مَلَكَتْ يَمِينُكَ مِمَّا أَفَاءَ اللَّهُ عَلَيْكَ وَبَنَاتِ عَمِّكَ وَبَنَاتِ عَمَّاتِكَ وَبَنَاتِ خَالِكَ وَبَنَاتِ خَالَاتِكَ اللَّاتِي هَاجَرْنَ مَعَكَ وَامْرَأَةً مُؤْمِنَةً إِنْ وَهَبَتْ نَفْسَهَا لِلنَّبِيِّ إِنْ أَرَادَ النَّبِيُّ أَنْ يَسْتَنْكِحَهَا خَالِصَةً لَكَ مِنْ دُونِ الْمُؤْمِنِينَThe first category: that a man marries a woman with a specified mahr, such as the woman's guardian saying: I have married you to my daughter with a mahr of ten thousand. This is permissible and there is no harm in it by consensus. And in the hadith, at its end:
I have given you her in marriage for the part of the Qur'an which you know.
زَوَجُتُكها بما معك من القرآنThe second category: that he marries her with a specified mahr, but it is not known, such as saying: I have married you to her with the money in your hand, and he has a bundle of money with him, saying: I have married you to her with the money in your hand. This is also permissible, and ignorance of it does not harm, because the marriage contract is not one of the contracts of exchange where there is contention, and where each of the contracting parties seeks financial profit. The marriage contract is a contract of enjoyment, regardless of its compensation. So this is valid.
The third category: that he marries her and remains silent, saying: I have married you to my daughter, and he says: I accept, and he does not mention a mahr for her. Here, the marriage is also valid by consensus, and she is owed the mahr al-mithl. She is owed the mahr al-mithl.
The fourth category: that he marries her and the husband stipulates that there is no mahr on him, saying: I accept the marriage, but on the condition that there is no mahr on me. What is the ruling?
In this issue, there are two opinions among the scholars:
The first opinion: that the marriage is not valid, because Allah stipulated for permissibility what? Money. He said:
that you seek them [in marriage] with [gifts from] your property
أَنْ تَبْتَغُوا بِأَمْوَالِكُمThe second opinion in this matter is that the marriage is valid and she is entitled to the mahr of a similar woman, by analogy to the case where a man marries a woman without specifying a mahr. However, this is an analogy with a difference, because the validity of a marriage contracted without specifying a mahr is established by the Sunnah, and indeed by the Qur'an and the Sunnah. Allah the Exalted said:
There is no blame upon you if you divorce women you have not touched nor specified for them an obligation
لا جناح عليكم إن طلقتم النساء ما لم تمسوهن أو تفرضوا لهن فريضةThere is no blame upon you if you divorce women
لا جناح عليكم إن طلقتم النساءAnd it is known that divorce does not occur except after the validity of the contract, and this verse is explicit that a man divorces his wife without specifying a mahr for her. As for the Sunnah, it is the hadith of Ibn Mas'ud (may Allah be pleased with him):
Regarding a woman whom a man marries and does not specify a mahr for her, then he dies, he said: she has the mahr of her like. Then a man stood up and said: indeed the Prophet (peace and blessings be upon him) ruled with the same.
في المرأة يتزوجها الرجل ولم يُسم لها مهرًا ثم يموت قال: لها مهر المثل، فقام رجل فقال: إن النبي صلى الله عليه وسلم قضى بمثل ذلكThe student: Yes.
The Shaykh : This is not valid to be analogized to the case where he married her and stipulated that there is no mahr, because if he stipulates that there is no mahr, it is completely contrary to the apparent meaning of the Qur'an, which is the saying of the Exalted, what?
And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property
وأحلَّ لَكُمْ مَا وَراء ذلكم أن تَبْتَغُوا بأموالكمAlso, if he marries her on the condition that there is no mahr on him, this is the reality of the gift, is it not? And Allah the Exalted said regarding the gift that it is specific to the Messenger (peace and blessings be upon him).
Among the benefits of this hadith: the permissibility of the suitor looking at the woman he proposes to, due to his saying:
So he raised his gaze in it
فصعَّد فيها النظرThe student: A fortiori.
The Shaykh : It is even more permissible, now.
And among the benefits of the hadith: the permissibility of the suitor repeating the look at the woman he proposes to, due to his saying:
He raised his voice and corrected it
فصعّد وصوّبNow, among the benefits of this hadith: that it is not obligatory for a woman to cover her face from non-mahram men, because the Prophet (peace and blessings be upon him) elevated the look and approved it. And the most desirable thing for a man regarding the woman he proposes to is the face. And on this basis, there is evidence in the hadith for the permissibility of a woman uncovering her face before non-mahram men. This is how some scholars used it as evidence. And the truth is that there is no evidence in the hadith. First: because there is a general answer to every hadith indicating that a woman is allowed to uncover her face before non-mahram men. There is a general answer, which is that it is known that uncovering the face has two states: a state of permissibility, and a state of prohibition, is it not? Meaning that uncovering the face in the early days of Islam was permissible, because the hijab was not prescribed until the fifth or sixth year. So every hadith indicating that a woman uncovers her face before non-mahram men may be from before the hijab. And if it is from before the hijab, there is no evidence in it. And the known rule among scholars in using evidence is that what is possible cannot be valid evidence, because the possible has two meanings, so taking it to one of the meanings without evidence requires evidence. For this reason, they said: "When possibility is found, evidence is invalidated". So at that point, we say: this hadith is the hadith of Sahl. If it is established that the woman was uncovering her face, it is attributed to what was before the hijab. However, we also prevent, we prevent this hadith from being an indication of a woman uncovering her face, because it does not follow from elevating the look and approving it that she was uncovering. A person may infer a woman from her frame, the beauty of her body, and her proportions, for example, because one may infer the detail from the general. So there is no clear evidence in it that she uncovered her face. And at that point, the texts indicating the obligation of covering the face from non-mahrams remain decisive with no contradiction.
Now, and among the benefits of this hadith: the good character of the Messenger (peace and blessings be upon him). Where is it taken from?
The student: He lowered his head.
The Shaykh: From his saying:
Then he lowered his head and remained silent
ثمّ طأطأ رأسه وسكتAnd among the benefits of this hadith: the good manners of this woman, because she sat and did not speak and did not get angry, as the common expression says, she did not get angry and leave. Even though the situation required her to get angry, to get angry. A woman came offering herself to a man in front of people, and then he did not accept. But from her manners (may Allah be pleased with her) and her patience and endurance, she sat, hoping that the Prophet (peace and blessings be upon him) would accept. She did not know, perhaps Allah would bring about a matter after that, so she sat.
Among the benefits of this hadith is also the excellent etiquette of the Companions (may Allah be pleased with them) in addressing the Prophet (peace and blessings be upon him). Where is this taken from? From the man’s saying: “O Messenger of Allah, if you have no need for her, then marry me to her.” He did not say, “O Messenger of Allah, marry me to her,” but rather, “If you have no need for her.” This is similar to the statement of the man with two hands when the Prophet (peace and blessings be upon him) concluded the prayer with two rak'ahs in the Dhuhr or 'Asr prayer. When the Prophet (peace and blessings be upon him) prayed Dhuhr or 'Asr with two rak'ahs and concluded the prayer, the Prophet (peace and blessings be upon him) was awe-inspiring, and even his closest companions, Abu Bakr and 'Umar, who were his closest, were afraid to speak to him. But there was a man in the group with two long hands whom the Prophet (peace and blessings be upon him) used to joke with, calling him “the man with two hands.” A person who jokes with someone is, in a sense, striking at his companion. So the man with two hands said:
Have you forgotten. The Messenger of Allah, or has the prayer been shortened?
يا رسول الله، أنسيت أم قصرت الصلاة؟The student: Intention.
The Shaykh : Intentionally concluding the prayer before its completion. This third possibility is not applicable, and therefore he did not mention it. Had he mentioned it, it would have been a great breach of etiquette, but he did not mention it. So the Prophet (may Allah’s prayers and peace be upon him) said:
I did not forget and the prayer has not been shortened
لم أنس ولم تُقصرI did not forget and the prayer has not been shortened
لم أنس ولم تقصرYes, I forgot it
بلى قد نسيتهIs what Dhul-Yadain says true?’ They said: ‘Yes.’ So he went forward and performed two
أحق ما يقول ذو اليدين؟ قالوا: نعم، فتقدم فصلى ما تركI say: whoever sees the etiquette of the Companions finds them to be at the peak of etiquette with the Messenger (peace and blessings be upon him). And therefore he said here:
Messenger of Allah, marry her to me if you have no need of her.
يا رسول الله، إن لم تكن لك بها حاجة فزوجنيهاAmong the benefits of the hadith: that the Prophet (peace and blessings be upon him) has the right to marry without a guardian. He has the right to marry without a guardian, because when the woman said:
I have offered myself to you
قد وهبت لك نفسيNot lawful to you, [O Muhammad], are [any additional] women after
لا يَحِلُّ لَكَ النِّسَاءُ مِنْ بَعْدُAnd among its benefits: that the Prophet (peace and blessings be upon him) has the right to give a woman in marriage without referring to the guardian. When the man said, “Marry me to her,” he did not say, “I am not her guardian,” nor did he say, “Where is your guardian?” This indicates that the Prophet (peace and blessings be upon him) has the right to give a woman in marriage without referring to the guardian. Yes, and likewise, by the saying of Allah the Exalted:
The Prophet is more worthy of the believers than themselves
النَّبِيُّ أَوْلَى بِالْمُؤْمِنِينَ مِنْ أَنفُسِهِمْAnd among the benefits of this hadith: the permissibility of the mahr, whether it is little or much. Where is this taken from?
The student: Something.
The Shaykh : From the word “something,” and “something” is an indefinite noun in the context of what?
The student: ...
The Shaykh : Do you have any of something?
The student: The interrogative.
The Shaykh : Be decisive, everyone.
The student: The interrogative.
The Shaykh : In the context of a question, and an indefinite noun in the context of a question.
The student: It generalizes.
The Shaykh : It indicates generality.
Good, does it include everything, even if it is not a monetary value?
The student: No.
The Shaykh : According to the Zahiris, yes. According to the Zahiris, it includes everything, even if it is not a monetary value, even if he said, “I have married you to her for the shell of an egg,” yes, because it is something. Even if he said, “I have married you to her for a grain of barley,” because?
The student: It is something.
The Shaykh : Because it is something. But this opinion is very weak, because that which has no monetary value is not something, is it not? Yes. And the evidence for the weakness of this opinion is the saying of Allah the Exalted:
And lawful to you are [all others] beyond these
وأحل لكم ما وراء ذلكthat you seek them [in marriage] with [gifts from] your property
أن تبتغوا بأموالكمAnd if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified
وَإِنْ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْThe student: It does not suffice.
The Shaykh : It does not suffice. The important point: this is a defect in the one who argues from evidence, that he takes one evidence and leaves the rest of the evidences. And therefore, it is very difficult for a person to grant himself the door of ijtihad without having a breadth of knowledge. Now, some people, especially the new generation, you find that when they know an issue with its evidence, they rule immediately without looking at the rest of the evidences. And this is a deficiency, because the evidences of the Shari'ah are, in reality, a single mass that cannot be divided. A person must have a comprehensive understanding. And it is known that it is not possible to comprehend every evidence, but he must have something.
Good, among the benefits of this hadith: the permissibility of swearing an oath without being asked to do so. Yes?
The student: No, by Allah.
The Shaykh : From the man’s saying:
Messenger of Allah, I swear by God
لا والله يا رسول اللهMessenger of Allah, I swear by God
لا والله يا رسول اللهAnd among its benefits: the permissibility of addressing a person of high status with “no.”
The student: No, by Allah.
The Shaykh : From his saying: “No.” And there are corroborating instances. The Prophet (peace and blessings be upon him) said to Jabir ibn 'Abd Allah: “Sell it to me,” meaning sell me the camel. So he said: “No.” People now consider it a fault to say the word “no” to a person of high status and authority. They say, “What is wrong with you?” instead of “no.” But since the Companions (may Allah be pleased with them), who are more perfect than us in etiquette, address the Messenger (peace and blessings be upon him), who is the greatest of people in authority and honor, with the word “no,” then it is not befitting for us to abandon it and say that something else is better than it.
And among the benefits of this hadith: the wisdom of the Prophet (peace and blessings be upon him) when he said to him:
Go to your people (family) and see if you can find something
اذهب إلى أهلك فانظر هل تجد شيئا؟Among the benefits of this hadith: the perfection of the etiquette of the Companions also with the Messenger (peace and blessings be upon him). For when the man said to him:
Go to your people (family) and see if you can find something
اذهب فانظر هل تجد شيئا؟No, by Allah, I have nothing
لا والله ما عندي شيءAmong the benefits of this hadith is the permissibility of wearing an iron ring, based on his saying:
Look, even if it is only an iron ring.
انظر ولو خاتماً من حديدIt is the adornment of the people of the Fire
إنه حلية أهل النارIt is the adornment of the people of the Fire
إنه حلية أهل النارIt is the adornment of the people of the Fire
إنه حلية أهل النارHe said, "No, by Allah, I did not find anything beyond this. This is the end of what preceded regarding deriving benefits from it."
So the Prophet (peace and blessings be upon him) said:
Look, even if it is only an iron ring.
انظر ولو خاتماً من حديدLook, even if it is only an iron ring.
انظر ولو خاتماً من حديدeven if it is an iron ring
ولو خاتماً من حديدAmong the benefits of this hadith is that there was great poverty among the Companions, such that a man would not find anything but what he wore, as is taken from his saying:
not even an iron ring, but this is my Izar (lower garment)
ولا خاتما من حديد ولكن هذا إزاريAmong the benefits of this hadith is that it is not obligatory to cover the upper part of the body. The reason is that this man did not have a rida (cloak), as Sa'ih said:
he has no rida'
ما له رداءif it is wide, wrap it around yourself; if it is narrow, tie it around your waist
إن كانَ واسعًا فالتحف وإن كان ضيقًا فائتزر بهAmong the benefits of this hadith is the permissibility of swearing an oath without being asked to do so, because the man swore without the Prophet (peace and blessings be upon him) asking him to, and the Prophet (peace and blessings be upon him) approved him. The Prophet (peace and blessings be upon him) does not approve of anything that is forbidden. For this reason, one of the proofs of permissibility is the approval of the Prophet (peace and blessings be upon him) of something, just as the scholars (may Allah have mercy on them) used to cite this as proof of the permissibility of a thing, saying: This was done in the time of the Prophet (peace and blessings be upon him). Yes.
Among the benefits of this hadith is also that a person is not allowed to give away his necessities to others, based on the saying of the Prophet (peace and blessings be upon him):
and if she wears it, you will not have any of it
وإنْ لبسته لم يكن عليك منه شيءif you wear it
إن لبستهAmong the benefits of this hadith is that if a person is patient, he will succeed. This man stayed and prolonged his standing, so when he stood up, Allah made a way out for him. He said:
The man sat down and as the sitting prolonged he stood up
جلس الرجل حتى إذا طال مجلسه قامAmong the benefits of this hadith is the permissibility of making a benefit as mahr, based on his saying when he said:
What do you have (i.e. memorized) from the Qur'an?" He replied, "I have Surat such and such and Surat such and such," he counted them. He then asked "Can you recited them by heart?" He replied, "Yes." He said, "Go, for I have given her to you in marriage for the part of the Qur'an which you know."
ما معك من القرآن قال معي سورة كذا وسورة كذا فدعاه، عددها فقال تقرؤهن عن ظهر قلبك؟ قال نعم ، قال اذهب فقد ملَكُتُكها بما معك من القرآنAmong the benefits of this hadith is the permissibility of taking a wage for teaching the Qur'an. The permissibility of taking a wage for teaching the Qur'an. Is that clear? Because the compensation for this appointment was the few months, and the few months are not made lawful except by money, based on the saying of 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 بأموالكمAmong its benefits is also the permissibility of making teaching the Qur'an as a wage. Is there a difference between this benefit and the one before it?
The student: Yes.
The Shaykh : Yes, what is the difference?
The student: The difference is if it is... and if it is without compensation.
The Shaykh : No, no, we mentioned two benefits. The first: the permissibility of taking a wage for teaching the Qur'an. And the second: the permissibility of making teaching the Qur'an as a wage. Yes?
The student: The first is one who teaches the Qur'an and takes a wage for it.
The Shaykh : For the teaching.
The student: For the teaching, and the second is making it a wage, for example, one gives or marries his daughter and he makes this Qur'an her mahr, or gives something and it is in exchange for... the Qur'an.
The Shaykh : For example, a person said, "I have a house," so I said, "Rent it to me on the condition that I teach you the Qur'an." A person whose mother does not know the Qur'an, so I said, "Rent it to me by teaching you the Qur'an." Here we made the teaching of the Qur'an itself the wage.
As for the first issue, we made the one who teaches the Qur'an take a wage for it, money, dirhams. So there is a difference between the two issues. Some scholars went to the view that it is not permissible to make teaching the Qur'an as mahr. It is not permissible to make teaching the Qur'an as mahr. They cited a weak hadith as proof, in which the Prophet (peace and blessings be upon him) said:
it will not be a mahr for anyone after you
لن تكون لمن بعدك مهرًاThe student: Abu Burdah ibn Niyar.
The Shaykh : Abu Burdah ibn Niyar, when the Prophet (peace and blessings be upon him) said to him regarding the she-camel:
it will not suffice for anyone (as a sacrifice) after you
إنها لن تجزى عن أحد بعدكThe student: No, the Messenger of Allah.
The Shaykh : Because?
The student: The Messenger of Allah.
The Shaykh : The Messenger of Allah, because he is the Messenger of Allah. And this is what Ibn Taymiyyah went to, which is the truth: that the Shari'ah does not give a specific person a ruling except for a general reason or a meaning that necessitates it, which includes in the ruling whoever shares in this meaning. Good.
Among the benefits of this hadith is that it may contain an indication of the condition of the ability to deliver the mahr. From where? From his saying:
you recite them from memory
تقرأهن عن ظهر قلبAmong the benefits of this hadith is that the marriage contract is established by any wording that indicates it, based on his statement:
I have given her to you in marriage for the part of the Qur'an which you know.
فقد مَلَكُتُكها بما معك من القرآنO You who have believed, when you marry
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُAnd do not marry polytheistic men
وَلَا تُنْكِحُوا الْمُشْرِكِينَand marry the unmarried among you
وَأَنكِحُوا الأَيَامَى منكمAmong the benefits of this hadith is that it is obligatory for the husband to deliver the mahr, based on his statement:
so teach her
فَعَلِّمهَاAmong the benefits of his statement:
so teach her
فعلمهاwith what you have
بما معكIn one narration, he said to him:
Go away, for I have given you her in marriage; and teach her some of the Qur'an.
انطلق فقد زوجتكها فعلمها من القرآنI have married her to you for the part of the Qur'an which you know.
أمكناكها بما معك من القرآنAnd Abu Dawud has: from Abu Hurayrah (may Allah be pleased with him) who said:
What do you memorize? He said: Surat al-Baqarah
ما تحفظ؟ قال: سورة البقرةThe student: Surah.
The Shaykh : Now,
