´It was narrated from 'Amr bin Shu'aib, from his father, from his grand father, that:` the Messenger of Allah, returned his daughter Zainab to Abul-As bin Rabi', with a new marriage contract.
Brief Explanation
1؎: The correct view is that the Prophet sallallahu alayhi wa sallam kept both of them upon the first marriage, and Al-Daraqutni said that this hadith is not established, and the correct narration is that of Ibn Abbas radi Allahu anhuma, that the Prophet sallallahu alayhi wa sallam returned Zaynab radi Allahu anha to Abu Al-As on the basis of the first marriage itself. And Imam Tirmidhi, in the Book of Knowledge, says that he asked Bukhari about this hadith, so he said: In this chapter, the hadith of Ibn Abbas is more authentic than the hadith of Amr ibn Shu'ayb. Allamah Ibn al-Qayyim says: It is astonishing that this weak hadith is made the basis and, because of it, the authentic hadith is rejected, and it is said that it is against the principles. A group of the Companions inclined towards the hadith of Ibn Abbas radi Allahu anhuma «ومن بعدہم». Ibn al-Qayyim, in I'lam al-Muwaqqi'in, says: The Prophet sallallahu alayhi wa sallam would not separate a man who accepted Islam and his wife who had not yet accepted Islam; rather, when the other accepted Islam, the marriage would remain as it was, as long as the woman had not married someone else, and this is a well-known and established Sunnah. Imam Shafi'i says: Abu Sufyan accepted Islam at Mar al-Zahran, which is the region of Khuza'ah, and there were Muslims there before the conquest of Makkah, so it became Dar al-Islam, and Abu Sufyan returned to Makkah, and his wife Hind, who had not accepted Islam, was in Makkah. She grabbed Abu Sufyan's beard and said, "Kill this old misguided man." Then, after quite some time, Hind accepted Islam. She was residing in Dar al-Harb and was a disbeliever, while Abu Sufyan was a Muslim, and after her waiting period ('iddah) had passed, Hind accepted Islam, but their marriage remained intact, because in reality her 'iddah had not passed until she became Muslim. The same was the case with Hakim ibn Hizam. The wives of Safwan ibn Umayyah and Ikrimah ibn Abi Jahl both accepted Islam in Makkah, and Makkah became Dar al-Islam, and the rule of the Prophet sallallahu alayhi wa sallam was established there, and Ikrimah fled towards Yemen, which was Dar al-Harb, and Safwan also went to Dar al-Harb. Then Safwan returned to Makkah, which was now Dar al-Islam, and he was present at the Battle of Hunayn, but until then he was still a disbeliever. After that, he accepted Islam, and their wives remained with them on the basis of the first marriage, because in reality their 'iddah had not passed. The scholars of Maghazi have written that an Ansari woman was with a man in Makkah, then she accepted Islam and migrated to Madinah. After that, her husband came while she was still in her 'iddah, so she rejoined her husband on the basis of the previous marriage. (Al-Rawdah al-Nadiyyah).
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
This hadith is contrary to the hadith of Ibn Abbas which is mentioned ahead; in that narration, it is stated that the Prophet (sallallahu alayhi wa sallam) returned her to her (first) husband upon the original marriage contract and did not perform a new marriage contract, and this is what is correct.
Note:
(The narrator of this hadith, "Hajjaj ibn Arta'ah," is, firstly, weak,
secondly, there is a break (inqita') in the chain between him and "Amr ibn Shu'ayb."
In contrast, the following hadith is authentic.)
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1142
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه الترمذي، النكاح، باب ما جاء في الزوجين المشركين يسلم أحدهما، حديث:1142.* حجاج بن أرطاة ضعيف مدلس.»©Explanation:
The statement of Imam Tirmidhi rahimahullah: "Practice is upon the hadith of Amr ibn Shu'ayb," refers specifically to the practice of the people of Iraq, not to all jurists and hadith scholars.
And indeed, their acting upon a weak hadith and abandoning a stronger one does not make the weak hadith strong; rather, this very approach of theirs is itself a cause for the weakness of their practice.
(Subul al-Salam)
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 862