Nasai

English Translation:

In the previous chapter, the action-based (fi‘li) narration is contrary to this, but in cases of contradiction, the verbal (qawli) narration is given preference, because there are many possible interpretations in an action. It is possible that it was something specific to the Prophet (sallallahu alayhi wa sallam). Furthermore, there is also an action-based narration that opposes this, which is from the very person involved in the incident, namely, Maymunah (radi Allahu anha), who said that the Prophet (sallallahu alayhi wa sallam) married her while he was in a state of being non-muhrim (i.e., not in ihram). Therefore, in every respect, the verbal narration will be given preference. (Or, according to Shaykh al-Albani rahimahullah, those narrations in which marriage during the state of ihram is mentioned should be considered shaadh [anomalous].) However, it is astonishing regarding the Hanafis that they abandoned this principle and gave preference to this disputed action-based narration, even though it is also possible to interpret it—i.e., that "muhrim" means "in the Haram" or "in the sacred months," etc.—so that there remains no contradiction. (For details, see narration 2840, 2845.)

Hadith Commentary: Benefits and Issues: Hazrat Aban bin Uthman radi Allahu anhu referred to Umar bin Ubaidullah radi Allahu anhu as "Iraqi," from which it is understood that the deniers of the Sunnah or those unfamiliar with the Sunnah were numerous in Iraq. The people of this region were ignorant of the Sunnah, just as wild and Bedouin people are unfamiliar with the Sunnah. Therefore, the land of Iraq has always been fertile ground for all innovators (ahl al-bid‘ah), and from this land, various types of troublemakers have arisen. The statement of Imam Malik rahimahullah, Imam Shafi‘i rahimahullah, Imam Ahmad rahimahullah, Imam Layth rahimahullah, Imam Ishaq rahimahullah, Imam Awza‘i rahimahullah, and others is in accordance with this hadith. If Imam Bukhari did not include this hadith, it does not mean that, in his view, this hadith is weak.

Benefits and Issues:

➊
It is not permissible to contract a marriage (nikah) while in the state of ihram.

➋
A person in ihram cannot marry himself, nor can he act as an agent (wakil) for someone else’s marriage. He also cannot act as a guardian (wali) to contract the marriage of his daughter, sister, etc.

➌
One should not even initiate marriage discussions while in the state of ihram. If someone makes a mistake and sends a proposal, it should not be responded to.

➍
The ruling is the same whether the ihram is for Hajj or for ‘Umrah.

➎
A woman in the state of ihram should also not be married off, nor should a marriage proposal be sent for her.

This narration is also found in Sahih Muslim. (Sahih Muslim, Kitab al-Nikah, Hadith: 1409) Therefore, it is absolutely authentic, and it is also an explicit verbal narration whose meaning is completely clear. No interpretation (ta’wil) can be made of it; thus, the majority of the Ahl al-Hadith and jurists have adopted this view. Moreover, we are bound to act upon the statement of the Messenger of Allah (sallallahu alayhi wa sallam). Even if the narration of Ibn Abbas (radi Allahu anhu) is accepted as authentic according to its apparent meaning, it is still a report of action (fi‘li narration), and actions can have several possibilities. The action of the Prophet (sallallahu alayhi wa sallam) could also be something specific to him, and so on. There is also a greater possibility of misunderstanding in actions as compared to verbal narrations. Furthermore, the narration of Ibn Abbas (radi Allahu anhu) can also be interpreted, as has been clarified in the benefit of Hadith: 2840. The Hanafis, in this matter, have opposed the majority of the scholars by deducing from the narration of Ibn Abbas (radi Allahu anhu) and have declared marriage (nikah) permissible for a person in the state of ihram, and they have interpreted that in the hadith of prohibition, “nikah” refers to sexual intercourse (jima‘). But then, what will be the meaning of the subsequent words: “He should neither propose marriage nor perform marriage for another”? Can “nikah” here mean sexual intercourse, and how? Clarify and you will be rewarded. The narration of Ibn Abbas (radi Allahu anhu) should be interpreted so that all the ahadith can be acted upon. (For further details, see Hadith: 2840)

It is understood that just as marriage (nikah) is prohibited in the state of ihram, likewise sending a marriage proposal, making a suggestion, or engaging in betrothal (engagement) is also prohibited, because these are preliminaries to marriage. Some individuals have interpreted the prohibition of sending a marriage proposal or engaging in betrothal as being for the sake of propriety (tanzih) (i.e., it is permissible but not appropriate). However, this interpretation is without evidence and, in fact, without reason. According to the majority of scholars, sending a marriage proposal or engaging in betrothal is prohibited just like marriage itself, and this is the correct view. One should act upon the Prophetic hadith with an open heart and gladly. Unwarranted interpretation is contrary to the dignity of a believer.

598 Lexical Explanation:
«لَا يَنْكِحُ الْمُحْرِمُ» means not to contract marriage oneself.
«وَلَا يُنْكِحُ» is derived from «اِنكاح», meaning not to contract marriage on behalf of someone else.
«وَلَاَ يَخْطُبُ» is derived from «خِطْبَةَ» (“kha” with kasrah), meaning not to propose (engagement); that is, not to make a marriage proposal to any woman.

Benefit:
From this hadith, it is understood that in the state of ihram, it is unlawful to contract marriage oneself, to contract marriage on behalf of someone else, or to send a marriage proposal for oneself or for someone else. As for what is narrated from Ibn Abbas radi Allahu anhuma that the Prophet sallallahu alayhi wa sallam married Maymunah radi Allahu anha while in the state of ihram, this is merely a misconception. The basis of this misconception is most likely that this act took place immediately after coming out of ihram. Moreover, Ibn Abbas radi Allahu anhuma was a small child at that time, so he thought that the marriage took place during ihram. Furthermore, Maymunah radi Allahu anha herself states 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 lawful (not in ihram). See: [صحيح مسلم ، النكاح ، حديث : 1411]
Hafiz Ibn Qayyim rahimahullah has discussed this matter in detail in Zad al-Ma'ad.

Benefit:
In this hadith, engagement and marriage during the state of ihram are prohibited. This ruling is absolute: it is not permissible under any circumstance, because the state of ihram is specific to a particular act of worship, and in this state, even one's wife becomes unlawful, meaning that intercourse with her becomes forbidden. When the situation is such, how can it be correct to contract a new marriage in this state? Moreover, by engaging in these matters, a person becomes occupied with other activities, which diminishes the purpose for which the journey was undertaken. Therefore, marriage or engagement during the state of ihram has been prohibited.

SR Tanbih ER ...... In some ahadith, it is mentioned that Sayyiduna Ibn Abbas radi Allahu anhuma states: «أن النبى تزوج ميمونة وهو محرم» "Indeed, the Noble Prophet sallallahu alayhi wa sallam married Sayyidah Maymunah radi Allahu anha while he was in the state of ihram." (Sahih al-Bukhari: 4258)

Regarding this hadith, it should be said that Sayyiduna Ibn Abbas radi Allahu anhuma was mistaken. He reported the marriage as having taken place during the state of ihram, whereas the person involved in the incident knows their own situation better than others. Umm al-Mu'minin Sayyidah Maymunah radi Allahu anha herself states that «تزوجني رسول الله ونحن حلالان بسرف» 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 lawful (not in ihram). (Sahih Muslim: 1411) It should also be remembered that the marriage of the Messenger of Allah sallallahu alayhi wa sallam to Sayyidah Maymunah radi Allahu anha took place in the seventh year of Hijrah on the occasion of ‘Umrat al-Qada.