Hadith 3290

أَخْبَرَنِي هَارُونُ بْنُ عَبْدِ اللَّهِ ، قَالَ : حَدَّثَنَا مَعْنٌ ، قَالَ : حَدَّثَنَا مَالِكٌ ، عَنْ أَبِي الزِّنَادِ ، عَنْ الْأَعْرَجِ ، عَنْ أَبِي هُرَيْرَةَ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " لَا يُجْمَعُ بَيْنَ الْمَرْأَةِ وَعَمَّتِهَا ، وَلَا بَيْنَ الْمَرْأَةِ وَخَالَتِهَا " .
´It was narrated that Abu Hurairah said:` "The Messenger of Allah said: '(A man should not be married to) a woman and her paternal aunt nor to a woman and her maternal aunt at the same time.'"
Hadith Reference سنن نسائي / كتاب النكاح / 3290
Hadith Grading الألبانی: صحيح  |  زبیر علی زئی: متفق عليه
Hadith Takhrij «صحیح البخاری/النکاح 27 (5109)، صحیح مسلم/النکاح 4 (1408)، (تحفة الأشراف: 13812) موطا امام مالک/النکاح 8 (20)، مسند احمد (2/465، 516، 529، 532)، سنن الدارمی/النکاح 8 (2224) (صحیح)»
Explanation & Benefits
Hafiz Muhammad Ameen
English Translation:

Niece (brother’s daughter), paternal aunt, niece (sister’s daughter), and maternal aunt are extremely close relations. Turning such close relations into co-wives is a great injustice, whereas these relationships demand utmost love and sincerity. Therefore, they have been given the same ruling as that of two sisters, because marrying two sisters at the same time is also prohibited for this very reason. It should also be remembered that marrying them one after the other is permissible, just as it is permissible with two sisters. Marrying them at the same time is prohibited.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3290
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
That is, if the maternal or paternal aunt is in marriage, then one should not marry her niece, and if the niece is in marriage, then one should not marry her maternal or paternal aunt. However, if one of them dies or is divorced, then marriage with the other is permissible.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1126
Shaykh Umar Farooq Saeedi
Benefits and Issues:
It is forbidden to combine, at the same time, a paternal aunt and her niece or a maternal aunt and her niece (or vice versa) in marriage, and this prohibition is temporary (contingent), not permanent.
There is no harm in marrying them at different times, after divorce or death. In the last sentence, the "elder woman" refers either to one who is older in age, who, according to custom, receives the respect of a mother, maternal aunt, or paternal aunt, while the younger girl is considered like a daughter.
That is, marriage with them is not permissible.
Or, the difference in rank is intended: the paternal and maternal aunts are considered greater, while the niece and sister’s daughter are generally younger.
In this case, it is an emphasis of the first point in another manner.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2065
Hafiz Muhammad Ameen
The intent is that it is prohibited to be married to both a paternal aunt and her niece at the same time, whether the marriage was contracted first with the paternal aunt or with the niece. The same ruling applies to a maternal aunt and her niece.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3298
Hafiz Muhammad Ameen
Urdu marginal note:
"The phrase 'four women' could lead to misunderstanding from the apparent wording, because marrying even two at the same time is prohibited, as has been detailed previously. However, since there are two forms of this (prohibition), it has been collectively referred to as four."
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3293
Hafiz Zubair Ali Zai
Takhrij al-Hadith:
[وأخرجه البخاري 5109، ومسلم 33/1408، من حديث مالك به]
Jurisprudential Explanation:
➊ Just as it is forbidden to have two sisters together in one marriage at the same time, similarly, it is forbidden to marry a niece and her maternal aunt, or a niece and her paternal aunt, at the same time.
➋ The hadith is an explanation, clarification, and commentary of the Qur'an.
➌ The specific (khaas) takes precedence over the general ('aam).
➍ The religion of Islam is a message of goodwill and peace for common people.
➎ To say that proof for every issue must be presented from the Noble Qur'an is false and rejected.
Source: Muwatta Imam Malik (Narration of Ibn al-Qasim): Commentary by Zubair Ali Zai, Page: 352
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
In this hadith, some issues of sale are mentioned:
➊ There are two forms of increasing the price in bidding: the first form is when there is no deception involved, then it is permissible; and the second form is when deception is intended, then it is impermissible.
➋ It is prohibited to conduct a sale over another’s sale and to propose marriage over another’s proposal. If a sale or engagement has been finalized with someone, it is not correct to break it without reason. Similarly, if the matter has been finalized, it is also not correct for another to conduct a sale or send a marriage proposal.
➌ A city-dweller may only sell to a villager in a situation where there is no deception; if there is deception, then it is impermissible.
➍ To ruin an inhabited house, and to cause a Muslim sister to be divorced with the intention of ruining her under the guise of envy, is not permissible; this is forbidden and a major sin. Women will often enter Hellfire, and the reason for this is that they are bold in acting against the religion, and become tools of Satan. May Allah, the Exalted, make women adherent to the religion of Islam. Ameen.
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 1055
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
Some people, before selling an animal, withhold its milk, intending thereby to deceive the buyer, which is impermissible and haram. If, in such a situation, the animal is sold, the buyer has the option: if he wishes, he may keep it, and if he wishes to return it, he may do so, but when returning the animal, he must also give one sa‘ (approximately two and a half kilograms) of dates along with it. This is the correct ruling. As for some of our brothers who, based solely on imitation (taqlid), have denied the obligation of giving one sa‘ of dates when returning the animal, their position has been thoroughly addressed by Shaykh al-Islam ‘Allamah Ibn Qayyim rahimahullah in “I‘lam al-Muwaqqi‘in.”
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 1058