سنن ابي داود
Abu Dawud
كتاب تفريع أبواب الطلاقDivorce (Kitab Al-Talaq)
باب فِي وُجُوهِ النِّكَاحِ الَّتِي كَانَ يَتَنَاكَحُ بِهَا أَهْلُ الْجَاهِلِيَّةِChapter: Regarding The Types Of Marriages That Were Practiced Before Islam.
Hadith 2272
اُردوEn
حَدَّثَنَا أَحْمَدُ بْنُ صَالِحٍ ، حَدَّثَنَا عَنْبَسَةُ بْنُ خَالِدٍ ، حَدَّثَنِي يُونُسُ بْنُ يَزِيدَ ، قَالَ : قَالَ مُحَمَّدُ بْنُ مُسْلِمِ بْنِ شِهَابٍ ، أَخْبَرَنِي عُرْوَةُ بْنُ الزُّبَيْرِ ، أَنَّ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا زَوْجَ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَخْبَرَتْهُ ، " أَنَّ النِّكَاحَ كَانَ فِي الْجَاهِلِيَّةِ عَلَى أَرْبَعَةِ أَنْحَاءٍ ، فَكَانَ مِنْهَا : نِكَاحُ النَّاسِ الْيَوْمَ يَخْطُبُ الرَّجُلُ إِلَى الرَّجُلِ وَلِيَّتَهُ فَيُصْدِقُهَا ثُمَّ يَنْكِحُهَا ، وَنِكَاحٌ آخَرُ كَانَ الرَّجُلُ يَقُولُ لِامْرَأَتِهِ إِذَا طَهُرَتْ مِنْ طَمْثِهَا : أَرْسِلِي إِلَى فُلَانٍ فَاسْتَبْضِعِي مِنْهُ ، وَيَعْتَزِلُهَا زَوْجُهَا وَلَا يَمَسُّهَا أَبَدًا حَتَّى يَتَبَيَّنَ حَمْلُهَا مِنْ ذَلِكَ الرَّجُلِ الَّذِي تَسْتَبْضِعُ مِنْهُ ، فَإِذَا تَبَيَّنَ حَمْلُهَا أَصَابَهَا زَوْجُهَا إِنْ أَحَبَّ ، وَإِنَّمَا يَفْعَلُ ذَلِكَ رَغْبَةً فِي نَجَابَةِ الْوَلَدِ ، فَكَانَ هَذَا النِّكَاحُ يُسَمَّى نِكَاحَ الِاسْتِبْضَاعِ ، وَنِكَاحٌ آخَرُ يَجْتَمِعُ الرَّهْطُ دُونَ الْعَشَرَةِ فَيَدْخُلُونَ عَلَى الْمَرْأَةِ كُلُّهُمْ يُصِيبُهَا ، فَإِذَا حَمَلَتْ وَوَضَعَتْ وَمَرَّ لَيَالٍ بَعْدَ أَنْ تَضَعَ حَمْلَهَا أَرْسَلَتْ إِلَيْهِمْ فَلَمْ يَسْتَطِعْ رَجُلٌ مِنْهُمْ أَنْ يَمْتَنِعَ حَتَّى يَجْتَمِعُوا عِنْدَهَا ، فَتَقُولُ لَهُمْ : قَدْ عَرَفْتُمُ الَّذِي كَانَ مِنْ أَمْرِكُمْ ، وَقَدْ وَلَدْتُ وَهُوَ ابْنُكَ يَا فُلَانُ ، فَتُسَمِّي مَنْ أَحَبَّتْ مِنْهُمْ بِاسْمِهِ فَيَلْحَقُ بِهِ وَلَدُهَا ، وَنِكَاحٌ رَابِعٌ يَجْتَمِعُ النَّاسُ الْكَثِيرُ فَيَدْخُلُونَ عَلَى الْمَرْأَةِ لَا تَمْتَنِعُ مِمَّنْ جَاءَهَا وَهُنَّ الْبَغَايَا ، كُنَّ يَنْصِبْنَ عَلَى أَبْوَابِهِنَّ رَايَاتٍ يَكُنَّ عَلَمًا لِمَنْ أَرَادَهُنَّ دَخَلَ عَلَيْهِنَّ ، فَإِذَا حَمَلَتْ فَوَضَعَتْ حَمْلَهَا جُمِعُوا لَهَا وَدَعَوْا لَهُمُ الْقَافَةَ ، ثُمَّ أَلْحَقُوا وَلَدَهَا بِالَّذِي يَرَوْنَ فَالْتَاطَهُ ، وَدُعِيَ ابْنَهُ لَا يَمْتَنِعُ مِنْ ذَلِكَ ، فَلَمَّا بَعَثَ اللَّهُ مُحَمَّدًا صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ هَدَمَ نِكَاحَ أَهْلِ الْجَاهِلِيَّةِ كُلَّهُ ، إِلَّا نِكَاحَ أَهْلِ الْإِسْلَامِ الْيَوْمَ " .
Aishah wife of the Prophet ﷺ said “Marriage in pre Islamic times was of four kinds. ” One of them was the marriage contracted by the people today. A man asked another man to marry his relative (sister or daughter) to him. He fixed the dower and married her to him. Another kind of marriage was that a man asked his wife when she became pure from menstruation to send fro so and so and have sexual intercourse with him. Her husband kept himself aloof and did not have intercourse with her till It became apparent that she was pregnant from the man who had intercourse with her. When it was manifest that she was pregnant, her husband approached her if he liked. This marriage was called istibda’ (to utilize man for intercourse for a noble birth). A third kind of marriage was that a group of people less than ten in number entered upon a woman and had intercourse with her. When she conceived gave birth to a child and a number of days passed after her delivery, she sent for them. No one of them could refuse to attend and they gathered before her. She said to them “You have realized your affair. I have now given birth to a child. And this is your son. O so and so. She called the name of anyone of them she liked and the child was attributed to him. A fourth kind of marriage was that many people gathered together and entered upon a woman who did not prevent anyone who came to her. They were prostitutes. They hoisted flags at their doors which served as a sign for the one who intended to enter upon them. When she became pregnant and delivered the child, they got together before her and called for the experts of tracing relationship from physical features. They attributed the child to whom they considered and it was given to him. The child was called his son and he could not deny. When Allah sent Muhammad ﷺ as a Prophet, he abolished all kinds of marriages prevalent among the people of the pre Islamic times except of the Muslims practiced today.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
All forms of marriage other than the well-known Islamic marriage and, excepting the case of the land of Yemen (such as mut‘ah and others), are all forbidden. Furthermore, it is not permissible for any woman to contract marriage without a guardian (wali).
All forms of marriage other than the well-known Islamic marriage and, excepting the case of the land of Yemen (such as mut‘ah and others), are all forbidden. Furthermore, it is not permissible for any woman to contract marriage without a guardian (wali).
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2272
Maulana Dawood Raz
Hadith Commentary:
From this hadith, Imam Bukhari rahimahullah has established that marriage (nikah) is under the authority of the guardian (wali), because Aisha radi Allahu anha described the first type of marriage which continued to exist even in the era of Islam: a man would send a proposal to the woman’s guardian (wali), who would then fix the dowry (mahr) and perform her marriage (nikah).
It is thus understood that the presence of a guardian (wali) is necessary for marriage (nikah).
From this hadith, Imam Bukhari rahimahullah has established that marriage (nikah) is under the authority of the guardian (wali), because Aisha radi Allahu anha described the first type of marriage which continued to exist even in the era of Islam: a man would send a proposal to the woman’s guardian (wali), who would then fix the dowry (mahr) and perform her marriage (nikah).
It is thus understood that the presence of a guardian (wali) is necessary for marriage (nikah).
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 5127
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Aishah radi Allahu anha mentioned only four types of marriage from the pre-Islamic era (Jahiliyyah).
In addition to these, there were three other types of marriage which Aishah radi Allahu anha did not mention, and they are as follows:
* Secret marriage:
As stated in the noble verse:
“They should not take secret lovers.” (an-Nisa: 25)
In the era of Jahiliyyah, people used to say that there was no harm in secret fornication, but open fornication was blameworthy.
* Mut‘ah marriage (temporary marriage):
To marry for a limited number of days.
Islam has made this permanently forbidden.
* Nikah badal (exchange marriage):
In the era of Jahiliyyah, a man would say to another, “Hand over your wife to me, and I will hand over my wife to you.”
Since these marriages involved shamelessness and indecency,
Islam made them forbidden.
Only the first form of marriage was retained.
(2)
Imam Bukhari rahimahullah established the chapter heading from this first form, that marriage is under the authority of the guardian (wali), because the hadith clarifies that a man would send a marriage proposal to the guardian of a woman, and the guardian, after fixing the dowry (mahr), would marry her off to him.
From this, it is understood that the presence of a guardian (wali) is necessary for marriage.
(1)
Aishah radi Allahu anha mentioned only four types of marriage from the pre-Islamic era (Jahiliyyah).
In addition to these, there were three other types of marriage which Aishah radi Allahu anha did not mention, and they are as follows:
* Secret marriage:
As stated in the noble verse:
“They should not take secret lovers.” (an-Nisa: 25)
In the era of Jahiliyyah, people used to say that there was no harm in secret fornication, but open fornication was blameworthy.
* Mut‘ah marriage (temporary marriage):
To marry for a limited number of days.
Islam has made this permanently forbidden.
* Nikah badal (exchange marriage):
In the era of Jahiliyyah, a man would say to another, “Hand over your wife to me, and I will hand over my wife to you.”
Since these marriages involved shamelessness and indecency,
Islam made them forbidden.
Only the first form of marriage was retained.
(2)
Imam Bukhari rahimahullah established the chapter heading from this first form, that marriage is under the authority of the guardian (wali), because the hadith clarifies that a man would send a marriage proposal to the guardian of a woman, and the guardian, after fixing the dowry (mahr), would marry her off to him.
From this, it is understood that the presence of a guardian (wali) is necessary for marriage.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5127
