So what do you say about the narration that he was free? The student: It is anomalous.
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The Shaykh : And from al-Dhahak ibn Fayruz al-Dilyami, from his father (may Allah be pleased with him), who said: Sunan Abi Dawud 2886Sahih (Al-Albani)
We apply the hadith of Aisha regarding Barira to the science of terminology, so what do you say about the narration that he was free?
The student: It is anomalous.
The Shaykh : Anomalous, why?
The student: Because it contradicts [other evidence].
The Shaykh : Because it contradicts what is stronger, it contradicts what is stronger.
Now, and from al-Dhahak ibn Fayruz al-Dilyami, from his father (may Allah be pleased with him), who said:Bulugh al-Maram 8:47 It was narrated by Ahmad and the four [imams] except al-Nasa'i, and it was graded authentic by Ibn Hibban, al-Daraqutni, and al-Bayhaqi, and al-Bukhari mentioned it as a hanging narration.
The student: He pointed out a defect in it.
The Shaykh : Yes, al-Bukhari pointed out a defect in it, saying: He pointed out a defect in it because it is from the narration of Abu Wahb.
The student: Al-Jayshani.
The Shaykh : Al-Jayshani, from al-Dhahak ibn Fayruz, from his father, and it is not known that some of them heard from others.
If the defect that al-Bukhari (may Allah have mercy on him) pointed out is established for this hadith, then it applies to the legal principles. This man embraced Islam and had two sisters under his roof, and it is well known that marrying two sisters is forbidden and not permissible. Therefore, he must choose one of them. Do we say that the first marriage contract is valid and the contract with the second is invalid, and he has only the first? Or do we say that the second is the valid one? Or do we cast lots between them? We say: The choice is his. If he wishes, he takes the first, and if he wishes, he takes the second. The choice was his, and we did not say that the first marriage is the valid one, because the second came upon him while he was in what state? In disbelief, meaning: before he committed to the rulings of Islam. Therefore, his marriage to her was valid. But now that he has embraced Islam, the cause for the prohibition is present, because he has now married two sisters, so he must separate them. It is said: Choose whichever of the two you wish. The wording of the hadith, as you saw, says: The apparent meaning of the hadith is that if he divorces one of them, this means he chose the second one who was not divorced, correct? Yes, and that is the case. But the jurists (may Allah have mercy on them) said: If he divorces one, he has chosen her, so he must annul the second. They say: Because there is no divorce except after a marriage. So if he divorced, he has chosen her, and the second remains, so he must annul the marriage. For example: A man embraced Islam and had Zaynab and Fatimah, two sisters. He divorced Zaynab. Which of the two did he choose now?
The student: Zaynab.
The Shaykh : According to the words of the jurists, it is Zaynab. But the hadith is more appropriate. We say: If he divorces one of them, his divorce is a sign that he did not choose her. How would he divorce the one he chose? And this divorce means annulment. So the correct view is what the hadith indicates: that if he divorces one of them, this is a choice of the remaining one, so she remains.
I said: Messenger of Allah
قلت : يا رسول اللهWe apply the hadith of Aisha regarding Barira to the science of terminology, so what do you say about the narration that he was free?
The student: It is anomalous.
The Shaykh : Anomalous, why?
The student: Because it contradicts [other evidence].
The Shaykh : Because it contradicts what is stronger, it contradicts what is stronger.
Now, and from al-Dhahak ibn Fayruz al-Dilyami, from his father (may Allah be pleased with him), who said:
I said, "O Allah's Messenger, I have accepted Islam and I am married to two sisters." Allah's Messenger (ﷺ)then said, "Divorce whichever of them you wish."
قلت : يا رسول الله إني أسلمت وتحتي أختان ، فقال رسول الله صلى الله عليه وسلم : طلق أيتهما شئتThe student: He pointed out a defect in it.
The Shaykh : Yes, al-Bukhari pointed out a defect in it, saying: He pointed out a defect in it because it is from the narration of Abu Wahb.
The student: Al-Jayshani.
The Shaykh : Al-Jayshani, from al-Dhahak ibn Fayruz, from his father, and it is not known that some of them heard from others.
If the defect that al-Bukhari (may Allah have mercy on him) pointed out is established for this hadith, then it applies to the legal principles. This man embraced Islam and had two sisters under his roof, and it is well known that marrying two sisters is forbidden and not permissible. Therefore, he must choose one of them. Do we say that the first marriage contract is valid and the contract with the second is invalid, and he has only the first? Or do we say that the second is the valid one? Or do we cast lots between them? We say: The choice is his. If he wishes, he takes the first, and if he wishes, he takes the second. The choice was his, and we did not say that the first marriage is the valid one, because the second came upon him while he was in what state? In disbelief, meaning: before he committed to the rulings of Islam. Therefore, his marriage to her was valid. But now that he has embraced Islam, the cause for the prohibition is present, because he has now married two sisters, so he must separate them. It is said: Choose whichever of the two you wish. The wording of the hadith, as you saw, says:
Divorce whichever of the two you wish
طلق أيتهما شئتThe student: Zaynab.
The Shaykh : According to the words of the jurists, it is Zaynab. But the hadith is more appropriate. We say: If he divorces one of them, his divorce is a sign that he did not choose her. How would he divorce the one he chose? And this divorce means annulment. So the correct view is what the hadith indicates: that if he divorces one of them, this is a choice of the remaining one, so she remains.