What is the hadith of Ibn 'Abbas, for he said (may Allah be pleased with them both): The Prophet (peace and blessings be upon him) married Maymunah while he was in a state of ihram. Well, he married Maymunah.
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The Shaykh : What is the hadith of Ibn 'Abbas, for he said (may Allah be pleased with them both): Mishkat al-Masabih 2682 Well, he married Maymunah, Maymunah bint al-Harith, who is the maternal aunt of 'Abdullah ibn 'Abbas (may Allah be pleased with them both).
And his statement: is a circumstantial clause in the position of the object of the verb "married," and the subject is the Prophet (peace and blessings be upon him) who married her while he was in a state of ihram for 'Umrah. And Muslim narrated from Maymunah herself, the one with whom the marriage contract was concluded, Mishkat al-Masabih 3129 and in it is also another hadith, the hadith of Abu Rafi' (may Allah be pleased with him), Mishkat al-Masabih 2682 meaning the intermediary. So here, the hadith of Ibn 'Abbas, which is agreed upon by al-Bukhari and Muslim, conflicts with the hadith of Maymunah narrated by Muslim and the hadith of Abu Rafi'. The scholars (may Allah have mercy on them) differed on which is stronger. Some scholars preferred the hadith of Ibn 'Abbas from two angles: from the perspective of the chain of narration, yes, from only one perspective from the chain of narration, because it is agreed upon by al-Bukhari and Muslim. Also, another angle: that Maymunah is his maternal aunt, so he is the most knowledgeable person about her. And some preferred the hadith of Maymunah from two angles, or rather from three angles:
The first angle: that she is the one involved in the story, and it is known that the person involved in a story is more knowledgeable about it than others.
The second angle: that it is supported by the hadith of Abu Rafi', who was the envoy and intermediary between them.
The third angle: that it agrees with the saying of the Prophet (peace and blessings be upon him): and the original principle is the absence of exclusivity. So if the original principle is the absence of exclusivity, then the Messenger (peace and blessings be upon him) did not marry while in a state of ihram, because the original principle is that what is established for the Ummah is established for him, and what is established for him is established for the Ummah, except with evidence. And this second opinion is the correct one: that the Prophet (peace and blessings be upon him) married her while he was in a state of halal (not in ihram).
So if someone asks: What do we do with the hadith of Ibn 'Abbas?
We say: Ibn 'Abbas (may Allah be pleased with them both) did not learn that he had married her until after the Prophet (peace and blessings be upon him) had entered the state of ihram, so he assumed that he had married her while in a state of ihram, and he narrated what had reached him, and it had not reached him before that that he had married her while in a state of halal (not in ihram). So the correct view is: that he married her while in a state of halal (not in ihram), and Ibn 'Abbas (may Allah be pleased with them both) did not learn of that until after he had entered the state of ihram. On this view, exclusivity is not established for the Messenger (peace and blessings be upon him) in this matter, meaning: in the permissibility of his marriage while in a state of ihram. As for the one who preferred the hadith of Ibn 'Abbas, he says: This is one of the specific characteristics of the Prophet (peace and blessings be upon him), and the Prophet was given many specific matters in marriage.
that the Prophet married Maimuna when he was on pilgrimage
إن النبي صلى الله عليه وسلم تزوج ميمونة وهو محرمAnd his statement:
while he was in the state of ihram
وهو محرمthe Prophet married her
أن النبي صلى الله عليه وسلم تزوجها وهي حلالthe Prophet married Maimuna when he was on pilgrimage
أن النبي صلى الله عليه وسلم تزوج ميمونة وهو حلال قال : وكنت السفير بينهماThe first angle: that she is the one involved in the story, and it is known that the person involved in a story is more knowledgeable about it than others.
The second angle: that it is supported by the hadith of Abu Rafi', who was the envoy and intermediary between them.
The third angle: that it agrees with the saying of the Prophet (peace and blessings be upon him):
The one in the state of ihram does not marry
لا ينكح المحرمSo if someone asks: What do we do with the hadith of Ibn 'Abbas?
We say: Ibn 'Abbas (may Allah be pleased with them both) did not learn that he had married her until after the Prophet (peace and blessings be upon him) had entered the state of ihram, so he assumed that he had married her while in a state of ihram, and he narrated what had reached him, and it had not reached him before that that he had married her while in a state of halal (not in ihram). So the correct view is: that he married her while in a state of halal (not in ihram), and Ibn 'Abbas (may Allah be pleased with them both) did not learn of that until after he had entered the state of ihram. On this view, exclusivity is not established for the Messenger (peace and blessings be upon him) in this matter, meaning: in the permissibility of his marriage while in a state of ihram. As for the one who preferred the hadith of Ibn 'Abbas, he says: This is one of the specific characteristics of the Prophet (peace and blessings be upon him), and the Prophet was given many specific matters in marriage.