سنن ابي داود
Abu Dawud
كتاب النكاحMarriage (Kitab Al-Nikah)
باب فِي الرَّجُلِ يَدْخُلُ بِامْرَأَتِهِ قَبْلَ أَنْ يُنْقِدَهَا شَيْئًاChapter: Regarding A Man Who Consummates His Marriage Before Giving Any Monetary Amount To His Wife.
Hadith 2129
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ مَعْمَرٍ ، حَدَّثَنَا مُحَمَّدُ بْنُ بَكْرٍ الْبُرْسَانِيُّ ، أَخْبَرَنَا ابْنُ جُرَيْجٍ ، عَنْ عَمْرِو بْنِ شُعَيْبٍ ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " أَيُّمَا امْرَأَةٍ نُكِحَتْ عَلَى صَدَاقٍ أَوْ حِبَاءٍ أَوْ عِدَّةٍ قَبْلَ عِصْمَةِ النِّكَاحِ فَهُوَ لَهَا ، وَمَا كَانَ بَعْدَ عِصْمَةِ النِّكَاحِ فَهُوَ لِمَنْ أُعْطِيَهُ وَأَحَقُّ مَا أُكْرِمَ عَلَيْهِ الرَّجُلُ ابْنَتُهُ أَوْ أُخْتُهُ " .
Amr bin Shuaib on his father's authority said that his grandfather reported The Messenger of Allah ﷺ said: A woman who marries on a dower or a reward or a promise before the solemnisation of marriage is entitled to it; and whatever is fixed for her after solemnisation of marriage belongs to whom it is given. A man is more entitled to receive a thing given as a gift on account of his daughter or sister (than other kinds of gifts).
Related hadith on this topic
Explanation & Benefits
Hafiz Muhammad Ameen
In this narration, Imam Nasa’i rahimahullah has two teachers: Hilal bin ‘Ala and ‘Abdullah bin Muhammad bin Tamim. The words narrated are those of ‘Abdullah.
➊ Whatever gifts are given before the marriage (nikah), they are for the sake of the woman; therefore, they will be counted as belonging to the woman, even if they are received by someone else. However, after the marriage, since new relationships are established, the gift will be counted as belonging to whoever receives it.
➋ Giving one’s daughter or sister in marriage is a great favor; therefore, it is obligatory to respect the wife’s father and brother, because the authority to marry (nikah) was theirs. The wife’s father is called the third father: the first is the real father, the second is the teacher, and the third is the father-in-law. Similarly, it is necessary to respect the wife’s mother as well. On this basis, marriage to her has been made forbidden, and there is no veil (hijab) observed from her.
➌ Apparently, this hadith does not have any direct connection to the chapter, except that it may be said that from this hadith it is understood that there is no fixed amount for the dowry (mahr).
➊ Whatever gifts are given before the marriage (nikah), they are for the sake of the woman; therefore, they will be counted as belonging to the woman, even if they are received by someone else. However, after the marriage, since new relationships are established, the gift will be counted as belonging to whoever receives it.
➋ Giving one’s daughter or sister in marriage is a great favor; therefore, it is obligatory to respect the wife’s father and brother, because the authority to marry (nikah) was theirs. The wife’s father is called the third father: the first is the real father, the second is the teacher, and the third is the father-in-law. Similarly, it is necessary to respect the wife’s mother as well. On this basis, marriage to her has been made forbidden, and there is no veil (hijab) observed from her.
➌ Apparently, this hadith does not have any direct connection to the chapter, except that it may be said that from this hadith it is understood that there is no fixed amount for the dowry (mahr).
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3355
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، النكاح، باب في الرجل يدخل بامرأته قبل أن ينقدها شيئًا، حديث:2129، والنسائي، النكاح، حديث:3355، وابن ماجه، النكاح، حديث:1955، وأحمد:2 /182.»©Explanation:
This hadith is evidence that if a man gives some wealth to the woman's guardian (wali) or makes a promise to him, if this occurs before the marriage contract (nikah), then the guardian is not entitled to that wealth, even if the guardian stipulated it for himself. Rather, the woman alone is entitled to it. However, if something is given after the marriage contract, then the right to it belongs to whomever it was given—whether that is the woman's guardian, another relative, or the woman herself.
And this ruling concerns a gift or present, etc., that is other than the dower (mahr).
As for the matter of the dower (mahr), in any case, it is the exclusive right of the woman.
«أخرجه أبوداود، النكاح، باب في الرجل يدخل بامرأته قبل أن ينقدها شيئًا، حديث:2129، والنسائي، النكاح، حديث:3355، وابن ماجه، النكاح، حديث:1955، وأحمد:2 /182.»©Explanation:
This hadith is evidence that if a man gives some wealth to the woman's guardian (wali) or makes a promise to him, if this occurs before the marriage contract (nikah), then the guardian is not entitled to that wealth, even if the guardian stipulated it for himself. Rather, the woman alone is entitled to it. However, if something is given after the marriage contract, then the right to it belongs to whomever it was given—whether that is the woman's guardian, another relative, or the woman herself.
And this ruling concerns a gift or present, etc., that is other than the dower (mahr).
As for the matter of the dower (mahr), in any case, it is the exclusive right of the woman.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 884
