Muslim

Hadith Commentary: Sa'id ibn al-Musayyib said: Ibn Abbas radi Allahu anhuma made a mistake. It is narrated from Umm al-Mu'minin, Lady Maymunah radi Allahu anha herself, that when the Prophet sallallahu alayhi wa sallam married her, he was not in a state of ihram, and Abu Rafi' was the agent (wakil) in this marriage.

Ibn Hibban, Ibn Khuzaymah, and Tirmidhi have narrated from her that when the Prophet sallallahu alayhi wa sallam married Lady Maymunah radi Allahu anha, he was in a state of being halal (not in ihram).

Now, the statement of some people that Lady Maymunah radi Allahu anha was the maternal aunt of Ibn Abbas, so he would know her situation better, is of no benefit, because she was also the maternal aunt of Yazid ibn Asam, and he himself narrated from Lady Maymunah radi Allahu anha that when the Prophet sallallahu alayhi wa sallam married her, he was halal (not in ihram). And it is possible that, according to Ibn Abbas, a person becomes a muhrim (one in ihram) by garlanding the sacrificial animal (taqlid al-hady).

He deduced, upon seeing the Prophet sallallahu alayhi wa sallam garland the hady, that he was a muhrim, even though he had not donned the ihram. And Umar and Ali radi Allahu anhuma separated a man from a woman who had married while in a state of ihram.

(Wahidi)

There is a difference of opinion in this issue. The Shafi'is and the Ahl al-Hadith hold the view that a muhrim (one in ihram) should neither contract his own marriage nor send a marriage proposal on behalf of another.

Hadith Commentary:
(1)
In one narration, it is stated that the Messenger of Allah (sallallahu alayhi wa sallam) married Maymunah (radi Allahu anha) while in the state of ihram, but at the time of consummation, he was free from the restrictions of ihram, and Maymunah (radi Allahu anha) passed away at the place of Sarif.
(Sahih al-Bukhari, al-Maghazi, Hadith: 4258)
In another narration, it is stated that this marriage took place on the occasion of ‘Umrat al-Qada.
(Sahih al-Bukhari, al-Maghazi, Hadith: 4259)
Hafiz Ibn Hajar (rahimahullah) has written that Imam Bukhari’s (rahimahullah) inclination appears to be towards permissibility, because he did not mention any hadith prohibiting this matter, and sufficed with the narration of Ibn Abbas (radi Allahu anhuma), which is clear in indicating permissibility.
(Fath al-Bari: 9/207)
(2)
According to our inclination, a person in the state of ihram can neither contract a marriage himself nor arrange the marriage of another person, as is narrated from Uthman (radi Allahu anhu) that the Messenger of Allah (sallallahu alayhi wa sallam) said:
“A person in ihram should neither contract his own marriage, nor arrange the marriage of another, nor send a marriage proposal.”
(Sahih Muslim, al-Nikah, Hadith: 3449 (1409))
The person involved in the incident, Maymunah (radi Allahu anha), herself stated:
“When the Messenger of Allah (sallallahu alayhi wa sallam) married me, both of us were in the state of being halal (i.e., not in ihram) at Sarif.”
(Sunan Abi Dawud, al-Manasik, Hadith: 1843)
Abu Rafi’ (radi Allahu anhu), who was the intermediary between the two, stated:
“When the Messenger of Allah (sallallahu alayhi wa sallam) married Maymunah (radi Allahu anha), he was halal, and at the time of consummation he was also halal, and I was the intermediary between them.”
(Jami‘ al-Tirmidhi, al-Hajj, Hadith: 841)
It is possible that Ibn Abbas (radi Allahu anhuma) was mistaken for some reason, as Sa‘id ibn al-Musayyib stated that Ibn Abbas (radi Allahu anhuma) was mistaken.
He says that the Messenger of Allah (sallallahu alayhi wa sallam) married Maymunah (radi Allahu anha) while in the state of ihram.
(Sunan Abi Dawud, al-Manasik, Hadith: 1845)
Some people say that Maymunah (radi Allahu anha) was the maternal aunt of Ibn Abbas (radi Allahu anhuma), so he would know her situation better, but she was also the maternal aunt of Yazid ibn al-Asamm, and he stated that the Messenger of Allah (sallallahu alayhi wa sallam) married Maymunah (radi Allahu anha) while in the state of being halal.
(Sahih Muslim, al-Nikah, Hadith: 3453 (1411))
(3)
It is possible that, according to Ibn Abbas (radi Allahu anhuma), a person becomes a muhrim (in the state of ihram) by garlanding the sacrificial animal, and when he saw the Messenger of Allah (sallallahu alayhi wa sallam) had adorned his sacrificial animals with garlands, he inferred from this that the Prophet was in ihram, whereas at that time he had not yet donned the ihram. In any case, the position of the Ahl al-Hadith is that a person in ihram should neither contract his own marriage, nor arrange the marriage of another, nor send a marriage proposal.
Hafiz Ibn Hajar (rahimahullah) has written that Umar and Ali (radi Allahu anhuma) separated a man and a woman who had married while in the state of ihram.
(Fath al-Bari: 9/208)

Hadith Commentary:
Hazrat Maymunah radi Allahu anha was the maternal aunt of Ibn Abbas radi Allahu anhu, whose sister Umm al-Fadl was the wife of Hazrat Abbas radi Allahu anhu.
It was Hazrat Abbas radi Allahu anhu who arranged the marriage of Maymunah radi Allahu anha to the Prophet sallallahu alayhi wa sallam.
Saraf is a locality situated at a distance of ten miles from Makkah.
In the year 51 AH, Hazrat Maymunah radi Allahu anha passed away at this very place.
In the aforementioned ahadith, the mention of the compensatory ‘Umrah (umrah qada) appears in one aspect or another.
This is the reason for its relevance to the chapter.
Raml and other such acts were temporary practices, but later they were maintained as Sunnah so that the circumstances of that time would remain fresh in the minds of Muslims, and upon the dominance of Islam, they would express gratitude to Allah.
The mention of the compensatory ‘Umrah (umrah qada) has already been discussed in detail previously.

Hadith Commentary:
➊
Hazrat Maymunah (radi Allahu anha) was the real maternal aunt of Hazrat Ibn Abbas (radi Allahu anhu).
Her sister, Hazrat Umm al-Fadl (radi Allahu anha), was his mother.

➋
There is only one place at a distance of ten miles from Makkah al-Mukarramah; it was there that the Messenger of Allah (sallallahu alayhi wa sallam) married Hazrat Maymunah (radi Allahu anha), and coincidentally, it was there that she passed away.
During the journey of ‘Umrah al-Qada, the Messenger of Allah (sallallahu alayhi wa sallam) sent Hazrat Ja‘far ibn Abi Talib (radi Allahu anhu) with a marriage proposal to Hazrat Maymunah (radi Allahu anha), so she referred her matter to Hazrat Abbas (radi Allahu anhu) because Umm al-Fadl (radi Allahu anha), her real sister, was in his house.
It was Hazrat Abbas (radi Allahu anhu) who performed the marriage contract.
(Fath al-Bari: 7/639)

➌
In this hadith, it is clarified that the Messenger of Allah (sallallahu alayhi wa sallam) married Hazrat Maymunah (radi Allahu anha) during the journey of ‘Umrah al-Qada; for this reason, Imam Bukhari (rahimahullah) has mentioned this hadith.
And Allah knows best.
The issue of contracting marriage while in the state of ihram will be discussed later.
However, Hazrat Maymunah (radi Allahu anha) herself has stated that when the Messenger of Allah (sallallahu alayhi wa sallam) married her, he was free from the restrictions of ihram.
(Musnad Ahmad: 6/332)

Hadith Commentary:
Perhaps Imam Bukhari rahimahullah agrees with Imam Abu Hanifah rahimahullah and the scholars of Kufa on this issue, that it is permissible for a person in the state of ihram (muhrim) to contract a marriage (nikah), but consummation (sexual intercourse) is, by unanimous agreement, not permissible.
According to the majority of scholars, even contracting a marriage (nikah) is not permissible during ihram.
Imam Muslim has narrated from Uthman radi Allahu anhu in a marfu‘ (attributed to the Prophet sallallahu alayhi wa sallam) report that a person in ihram should neither contract a marriage himself, nor should anyone else contract a marriage on his behalf, nor should he propose marriage.
Imam Abu Hanifah says that if it is permissible for a muhrim to purchase a slave-girl for intercourse, then contracting a marriage should also be permissible.
Hafiz (Ibn Hajar) said that this analogy, which is contrary to the explicit text, is not acceptable.
(Wahidi)

Hadith Commentary:
(1)
Imam Bukhari rahimahullah did not make a definitive ruling in the chapter heading regarding the permissibility or impermissibility of marriage for a person in the state of ihram (muhrim); however, from the hadith presented, it is understood that a muhrim man can contract marriage, and according to Imam Bukhari, the ahadith prohibiting this are not established, nor is this (marrying in ihram) something specific to the Messenger of Allah sallallahu alayhi wa sallam. However, there is consensus among all scholars that a muhrim man, after contracting marriage, cannot have intercourse with his wife until he becomes halal (i.e., exits the state of ihram).

There are also ahadith narrated from Aisha radi Allahu anha that the Messenger of Allah sallallahu alayhi wa sallam married Maymunah radi Allahu anha while in the state of ihram.
(‘Umdat al-Qari: 7/521)

Indeed, the position of Imam Bukhari rahimahullah is that a muhrim can contract marriage. Accordingly, he established a chapter in the Book of Marriage with the following words:
(Bab Nikah al-Muhrim)
“Chapter: The Marriage of a Muhrim.” By this, only the contract (aqd) is meant, because intercourse during ihram invalidates the Hajj or ‘Umrah.
(Fath al-Bari: 4/68)

However, this position of Imam Bukhari cannot be agreed upon, because the Messenger of Allah sallallahu alayhi wa sallam has prohibited this, as narrated from Uthman ibn ‘Affan radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said:
“A muhrim person should neither contract marriage, nor arrange marriage for others, nor propose marriage.”
(Sahih Muslim, Kitab al-Nikah, Hadith: 3446(1409))

The statement of Maymunah radi Allahu anha herself also confirms this. She said:
“When the Messenger of Allah sallallahu alayhi wa sallam married me, neither of us was in the state of ihram at Sarif; rather, we were both in a state of being halal.”
(Sunan Abi Dawud, Kitab al-Manasik, Hadith: 1843)

Abu Rafi‘ radi Allahu anhu, who was the servant of Maymunah radi Allahu anha and the intermediary at the time of the marriage, stated that when the Messenger of Allah sallallahu alayhi wa sallam married Maymunah radi Allahu anha, he was in a state of being halal, and he (Abu Rafi‘) was the intermediary between the two, meaning the message was conveyed through him.
(Jami‘ al-Tirmidhi, Kitab al-Hajj, Hadith: 841)

The aforementioned statement of Ibn ‘Abbas radi Allahu anhu is based on a misunderstanding, as Sa‘id ibn al-Musayyib said:
“Ibn ‘Abbas radi Allahu anhu was mistaken in thinking that the Messenger of Allah sallallahu alayhi wa sallam married Maymunah radi Allahu anha while in the state of ihram.”
(Musnad Ahmad: 6/332)

Or, when he learned of this marriage, he himself was in the state of ihram. He stated, according to his knowledge, that the Prophet sallallahu alayhi wa sallam married while in ihram.

(2)
Some people say that it is permissible for a muhrim to purchase a slave-girl for intercourse, so marriage should also be valid.
Hafiz Ibn Hajar rahimahullah, regarding this analogy, states:
“This analogy is contrary to the text, and therefore is not acceptable.”
(Fath al-Bari: 4/68)

In any case, according to us, it is not permissible for a muhrim man to contract marriage or arrange marriage for others, as is explicitly stated in the ahadith. On this basis, the aforementioned narration of Ibn ‘Abbas radi Allahu anhu is either outweighed or open to interpretation.
And Allah knows best.

Commentary:
Note:
(The chain of narration is authentic,
but the text is anomalous,
as has been mentioned previously.)

English Commentary:
1:
Sa'id ibn al-Musayyib states that Ibn Abbas was mistaken in this matter, because Umm al-Mu'minin Maymunah radi Allahu anha herself has narrated that when the Messenger of Allah sallallahu alayhi wa sallam married her, both of them were in a state of being lawful (not in ihram).
Similarly, the statement of her representative (wakil), Abu Rafi', as previously mentioned, is also that when the Messenger of Allah sallallahu alayhi wa sallam married Maymunah, he was in a lawful state (not in ihram).
In such matters, the statement of the person directly involved is more reliable.
Note:
(The chain of narration is authentic,
but the text is anomalous (shaadh),
as has preceded.)

Commentary:
Note:
(This narration is authentic in terms of its chain of transmission,
but there was an error in narrating this incident from Ibn Abbas radi Allahu anhuma,
therefore it is considered irregular (shadh),
and the correct view is that the marriage of Maymunah radi Allahu anha took place after the state of ihram was lifted, as is mentioned in the following hadith.)

This statement is narrated only from Ibn Abbas (radi Allahu anhu), whereas from the actual person involved in the incident, Maymunah (radi Allahu anha), and other individuals, a contrary account is reported—that is, when the Messenger of Allah (sallallahu alayhi wa sallam) contracted the marriage, he was not in a state of ihram but was lawful (halal). Or, the intended meaning could be that the marriage took place in the Haram (sanctuary) or during the sacred months. However, in the presence of explicit evidence, there is no need for such an interpretation. (For details, see Hadith: 2840, 2845)

These are different chains of transmission (asanid) for the same narration. The discussion regarding the narration has already taken place: this is a misunderstanding and misconception on the part of Ibn Abbas (radi Allahu anhu). This narration is also found in Sahih al-Bukhari. (Sahih al-Bukhari, Kitab al-Jaza’ al-Sayd, Hadith: 1837)

English Translation:

From this narration, it has been deduced that a person in the state of ihram (muhrim) can contract marriage (nikah). There is no doubt that this narration is absolutely authentic in terms of its chain of transmission; however, its content contradicts other authentic ahadith (see narration: 2845). (For this reason, Shaykh al-Albani rahimahullah has declared all those narrations in which contracting marriage in the state of ihram is mentioned as shaadh [anomalous].) Furthermore, it is the explicit statement of Hazrat Maymunah radi Allahu anha herself that the Messenger of Allah sallallahu alayhi wa sallam married her while he was in a state of being halal (i.e., not in ihram). Hazrat Rafi radi Allahu anhu, who acted as the envoy for the marriage, therefore seems to have been mistaken. Moreover, the narration prohibiting it (2845) is a verbal (qawli) narration, while this one is an action-based (fi’li) narration. When there is a conflict between a verbal and an action-based narration, the verbal narration is given precedence. Similarly, when there is a conflict between prohibition (nahi) and permissibility (ibahah), prohibition is given preference. Furthermore, the action-based narrations are themselves contradictory. The verbal narration is explicit, and there is no other verbal narration to oppose it; therefore, the verbal narration will be acted upon. An interpretation (ta’wil) should be made so that this ambiguous narration conforms to the other explicit narrations—for example, the meaning of “muhrim” could be taken as “in the Haram (sanctuary)” or “in the sacred months,” i.e., the Prophet sallallahu alayhi wa sallam married Hazrat Maymunah radi Allahu anha in the Haram or in the sacred months. There are examples of this usage in the Arabic language. Rationally as well, marriage is incompatible with the state of ihram. If applying perfume, shaving, wearing adornment clothes, and hunting, etc., are all prohibited in ihram, then how can marriage—which in every respect is greater than these—be permissible in the state of ihram?

It can be said regarding the Messenger of Allah (sallallahu alayhi wa sallam) that he had entered the state of ihram (ritual consecration), but as for Maymunah (radi Allahu anha), she was in Makkah—how then did she become a muhrimah (one in the state of ihram)? Furthermore, the Messenger of Allah (sallallahu alayhi wa sallam) did not do anything after reaching Makkah until he had completed the ‘umrah, and once he had completed the ‘umrah, the state of ihram had also ended. So, when was the marriage contracted while in the state of ihram?

Benefits and Issues:
Shaykh al-Albani rahimahullah has declared this hadith to be “shaadh” (anomalous), meaning the correct view is that the Prophet sallallahu alayhi wa sallam was not in a state of ihram at the time of marriage.
For details, see: (Irwa’ al-Ghalil: 4: 227, 228, no. 1037)
Furthermore, Maymunah radi Allahu anha herself narrates that the Messenger of Allah sallallahu alayhi wa sallam married her at the place of Sarif and both of them were in a state of being halal (not in ihram). (Sahih Muslim, Kitab al-Nikah, Hadith: 1411, and Sunan Abi Dawud, Kitab al-Manasik, Hadith: 1843)

Takhrij:
«أخرجه البخاري، النكاح، باب نكاح المحرم، حديث:1837، ومسلم، النكاح، باب تحريم نكاح المحرم.....، حديث:1410، حديث ميمونة أخرجه مسلم، النكاح، حديث:1411.»©Explanation:
➊ The Hanafi scholars have deduced from this hadith that a person in the state of ihram (muhrim) can contract marriage (nikah), whereas in reality, there is no evidence for them in this hadith because it is contrary to the narration of the majority of the noble Companions (radi Allahu anhum).
It is more likely for an individual to be mistaken than for a group to be mistaken.
Moreover, it is narrated from both Lady Maymunah (radi Allahu anha) herself and from Abu Rafi’ (radi Allahu anhu), who acted as the intermediary in arranging this marriage, that indeed the Prophet (sallallahu alayhi wa sallam) was not in the state of ihram at that time.
Lady Maymunah and Abu Rafi’ (radi Allahu anhuma) were more informed than others and had greater awareness of the actual circumstances; therefore, the narration reported from these two is more worthy of acceptance than the narration of others.
➋ Furthermore, at that time, Ibn Abbas (radi Allahu anhuma) was only a child of nine or ten years, so it is more likely that he would not have preserved the details of the incident as accurately as the other two.
And even if it is accepted that the Prophet (sallallahu alayhi wa sallam) contracted marriage with Lady Maymunah (radi Allahu anha) while in the state of ihram, then this can be considered as something specific to him.
➌ The eminent hadith scholar, Allamah Abdur Rahman Mubarakpuri rahimahullah, states in Tuhfat al-Ahwadhi (2/89): There is extensive discussion on this issue from both sides, but in any case, the preferred view is that of the majority.
➍ In the narration from Uthman (radi Allahu anhu), a general legal principle is stated, while in the narration from Ibn Abbas (radi Allahu anhuma), the action of the Prophet (sallallahu alayhi wa sallam) is reported, which allows for many possible interpretations.
And Allah knows best.

Benefit:
It is narrated from Sayyiduna Uthman ibn Affan radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said: «لا ينكح المحرم ولا ينكح» (A person in the state of ihram should neither contract a marriage himself nor arrange a marriage for someone else) [صحيح مسلم : 1409].
In some narrations, the words «ولا يخطب» (nor should he propose for engagement) [سنن ابي داود : 1841 صحيح] are also mentioned. In contrast to this hadith, Sayyidah Maymunah radi Allahu anha herself states that the Messenger of Allah sallallahu alayhi wa sallam married her while they were at the place of “Sarif” and were in a state of being halal (i.e., not in ihram) [صحيح مسلم : 1411], and this is the preferred view. Furthermore, the aforementioned ahadith also indicate this.