Explanation of the Book of Marriage-10
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The Shaykh : As for the second hadith, from 'Amr ibn Shu'ayb, from his father, from his grandfather Bulugh al-Maram 8:50.
Regarding the hadith of 'Amr ibn Shu'ayb, from his father, from his grandfather, the hadith scholars differed on whether it is of the type of mursal, meaning munqati', or of the type of muttasil. The correct view is that it is of the type of muttasil, and that the scholars among the hadith scholars and jurists use it as evidence, as al-Bukhari (may Allah have mercy on him) reported. The defect by which it was criticized was refuted by the scholars of verification, and how often the jurists use the hadith of 'Amr ibn Shu'ayb, from his father, from his grandfather, as evidence. Indeed, some of the hadith scholars (may Allah have mercy on them) said: The hadith of 'Amr ibn Shu'ayb, from his father, from his grandfather, is like the hadith of Malik, from Nafi', from Ibn 'Umar, meaning: it is among the most authentic hadiths, of the golden chain. But the correct view is that it does not reach that level, and it is not weak as some mentioned. Al-Tirmidhi says: "The hadith of Ibn 'Abbas has a better chain of narration" Where is the hadith of Ibn 'Abbas? The previous one, that the Prophet (peace and blessings be upon him) returned her to him and did not contract a new marriage. But he says: The practice is based on the hadith of 'Amr ibn Shu'ayb. Yes, meaning: the practice of the scholars, because this is the view of the majority that she is not returned to her husband if he becomes a Muslim after the waiting period has ended except with a new contract.
The summary of what is in this research: First: If the woman becomes a Muslim before the husband, then if it is before consummation, the marriage is annulled. If it is after consummation, we wait until the waiting period ends. If he becomes a Muslim before the waiting period ends, she remains his wife and stays with him. If he becomes a Muslim after it ends, she is not lawful to him except with a new contract, according to the view of the majority of scholars. And according to the second opinion, she has the choice between remaining in her first marriage or marrying him with a new contract. Is that clear, everyone? This is if the woman becomes a Muslim.
As for if the husband becomes a Muslim, we look: if the wife is a People of the Book, they remain in their marriage, because a Muslim husband is permitted initially to marry a woman from the People of the Book. And if she is not from the People of the Book, then if it is before consummation, the marriage is annulled. If it is after consummation, we wait until the waiting period ends. If it ends, the marriage is annulled. And if the wife becomes a Muslim before the waiting period ends, she is his wife. Is that clear now? Good.
The Prophet (ﷺ) returned his daughter Zainab (RA) to [her husband] Abul-'Aas (RA) by a new marriage.
أن النبي صلى الله عليه وسلم رد ابنته زينب على أبي العاص بن الربيع بنكاح جديدRegarding the hadith of 'Amr ibn Shu'ayb, from his father, from his grandfather, the hadith scholars differed on whether it is of the type of mursal, meaning munqati', or of the type of muttasil. The correct view is that it is of the type of muttasil, and that the scholars among the hadith scholars and jurists use it as evidence, as al-Bukhari (may Allah have mercy on him) reported. The defect by which it was criticized was refuted by the scholars of verification, and how often the jurists use the hadith of 'Amr ibn Shu'ayb, from his father, from his grandfather, as evidence. Indeed, some of the hadith scholars (may Allah have mercy on them) said: The hadith of 'Amr ibn Shu'ayb, from his father, from his grandfather, is like the hadith of Malik, from Nafi', from Ibn 'Umar, meaning: it is among the most authentic hadiths, of the golden chain. But the correct view is that it does not reach that level, and it is not weak as some mentioned. Al-Tirmidhi says: "The hadith of Ibn 'Abbas has a better chain of narration" Where is the hadith of Ibn 'Abbas? The previous one, that the Prophet (peace and blessings be upon him) returned her to him and did not contract a new marriage. But he says: The practice is based on the hadith of 'Amr ibn Shu'ayb. Yes, meaning: the practice of the scholars, because this is the view of the majority that she is not returned to her husband if he becomes a Muslim after the waiting period has ended except with a new contract.
The summary of what is in this research: First: If the woman becomes a Muslim before the husband, then if it is before consummation, the marriage is annulled. If it is after consummation, we wait until the waiting period ends. If he becomes a Muslim before the waiting period ends, she remains his wife and stays with him. If he becomes a Muslim after it ends, she is not lawful to him except with a new contract, according to the view of the majority of scholars. And according to the second opinion, she has the choice between remaining in her first marriage or marrying him with a new contract. Is that clear, everyone? This is if the woman becomes a Muslim.
As for if the husband becomes a Muslim, we look: if the wife is a People of the Book, they remain in their marriage, because a Muslim husband is permitted initially to marry a woman from the People of the Book. And if she is not from the People of the Book, then if it is before consummation, the marriage is annulled. If it is after consummation, we wait until the waiting period ends. If it ends, the marriage is annulled. And if the wife becomes a Muslim before the waiting period ends, she is his wife. Is that clear now? Good.