سنن نسائي
Nasai
كتاب النكاحThe Book of Marriage
بَابُ : إِبَاحَةِ التَّزَوُّجِ بِغَيْرِ صَدَاقٍChapter: Permission To Get Married Without A Dowry
Hadith 3357
اُردوEn
أَخْبَرَنَا أَحْمَدُ بْنُ سُلَيْمَانَ ، قَالَ : حَدَّثَنَا يَزِيدُ ، قَالَ : حَدَّثَنَا سُفْيَانُ ، عَنْ مَنْصُورٍ ، عَنْ إِبْرَاهِيمَ ، عَنْ عَلْقَمَةَ ، عَنْ عَبْدِ اللَّهِ ، أَنَّهُ أُتِيَ فِي امْرَأَةٍ تَزَوَّجَهَا رَجُلٌ ، فَمَاتَ عَنْهَا وَلَمْ يَفْرِضْ لَهَا صَدَاقًا ، وَلَمْ يَدْخُلْ بِهَا ، فَاخْتَلَفُوا إِلَيْهِ قَرِيبًا مِنْ شَهْرٍ لَا يُفْتِيهِمْ ، ثُمَّ قَالَ : أَرَى لَهَا صَدَاقَ نِسَائِهَا لَا وَكْسَ ، وَلَا شَطَطَ ، وَلَهَا الْمِيرَاثُ وَعَلَيْهَا الْعِدَّةُ ، فَشَهِدَ مَعْقِلُ بْنُ سِنَانٍ الْأَشْجَعِيُّ , " أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَضَى فِي بَرْوَعَ بِنْتِ وَاشِقٍ بِمِثْلِ مَا قَضَيْتَ " .
´It was narrated from 'Abdullah that a woman was brought to him who had married a man then he had died without naming any dowry for her and without consummating the marriage with her. They kept coming to him for nearly a month, and he did not issue any ruling to them. Then he said:` "I think that she should have a dowry like that of her peers no less, with no injustice and she may inherit from him and she has to observe the 'Iddah." Ma'qil bin Sinan Al-Ashja'i testified: "The Messenger of Allah passed a similar judgment concerning Birwa' bint Washiq."
Related hadith on this topic
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation:
➊:
This hadith indicates that if a woman's husband dies after the marriage contract but before the dowry (mahr) has been specified, she is entitled to the full dowry, even if consummation (dukhul) and valid seclusion (khalwah sahihah) have not taken place.
➊:
This hadith indicates that if a woman's husband dies after the marriage contract but before the dowry (mahr) has been specified, she is entitled to the full dowry, even if consummation (dukhul) and valid seclusion (khalwah sahihah) have not taken place.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1145
Maulana Ataullah Sajid
Benefits and Issues:
➊
With the contract of marriage (nikah), a woman attains all the rights of a wife, even if the consummation (rukhsati) has not taken place.
➋
The husband and wife inherit from each other's estate once the marriage contract has been concluded, regardless of whether consummation has occurred.
➌
Whether or not the woman has been sent to her husband's home (rukhsati), it is obligatory for her to observe a waiting period (‘iddah) of four months and ten days upon the husband's death. However, if divorce occurs before consummation, then the woman is not required to observe ‘iddah. ()
➍
In the mentioned hadith, the amount of the dower (mahr) will be determined in light of the dower customarily fixed for other women in her family, i.e., she will be given the same mahr as is generally set for women in her family.
Abdullah ibn Mas‘ud (radi Allahu anhu) gave this very ruling in this matter.
In Jami‘ at-Tirmidhi, his ruling is narrated in these words:
(LAHA MITHLU SADAQI NISAIHA LA WAQSA WA LA SHATAṬ...)
“She will receive a mahr like that of the women of her family, neither more nor less, and she must observe ‘iddah, and she is entitled to inheritance.” (Jami‘ at-Tirmidhi, Book of Marriage, Chapter: What has been related about a man who marries a woman and dies before specifying a dower for her, Hadith: 1145)
However, if the dower has been specified and divorce is given before seclusion (khalwah), then half the dower is to be paid. ()
➎
If the dower (mahr) is not specified at the time of marriage, the marriage is still valid, but it is better to specify it at that time.
In the incident mentioned in Hadith: 1889, according to the narration of Sahih al-Bukhari, the Prophet (sallallahu alayhi wa sallam) said to that man:
“Do you have anything which you can give her as a dower (mahr)?” (Sahih al-Bukhari, Book of Marriage, Chapter: The Sultan is the Guardian..., Hadith: 5135)
➏
In matters where there is no clear guidance from the Qur’an and Hadith, a scholar may derive a ruling through ijtihad (independent reasoning).
Abdullah ibn Mas‘ud (radi Allahu anhu) gave this ruling through ijtihad.
Later, it became known that the Prophet (sallallahu alayhi wa sallam) had given the same ruling regarding Barwa‘ bint Washiq (radi Allahu anha), which brought him great happiness. (Sunan Abi Dawud, Book of Marriage, Chapter: Regarding one who marries and does not specify a dower for her until he dies, Hadith: 2114)
➊
With the contract of marriage (nikah), a woman attains all the rights of a wife, even if the consummation (rukhsati) has not taken place.
➋
The husband and wife inherit from each other's estate once the marriage contract has been concluded, regardless of whether consummation has occurred.
➌
Whether or not the woman has been sent to her husband's home (rukhsati), it is obligatory for her to observe a waiting period (‘iddah) of four months and ten days upon the husband's death. However, if divorce occurs before consummation, then the woman is not required to observe ‘iddah. ()
➍
In the mentioned hadith, the amount of the dower (mahr) will be determined in light of the dower customarily fixed for other women in her family, i.e., she will be given the same mahr as is generally set for women in her family.
Abdullah ibn Mas‘ud (radi Allahu anhu) gave this very ruling in this matter.
In Jami‘ at-Tirmidhi, his ruling is narrated in these words:
(LAHA MITHLU SADAQI NISAIHA LA WAQSA WA LA SHATAṬ...)
“She will receive a mahr like that of the women of her family, neither more nor less, and she must observe ‘iddah, and she is entitled to inheritance.” (Jami‘ at-Tirmidhi, Book of Marriage, Chapter: What has been related about a man who marries a woman and dies before specifying a dower for her, Hadith: 1145)
However, if the dower has been specified and divorce is given before seclusion (khalwah), then half the dower is to be paid. ()
➎
If the dower (mahr) is not specified at the time of marriage, the marriage is still valid, but it is better to specify it at that time.
In the incident mentioned in Hadith: 1889, according to the narration of Sahih al-Bukhari, the Prophet (sallallahu alayhi wa sallam) said to that man:
“Do you have anything which you can give her as a dower (mahr)?” (Sahih al-Bukhari, Book of Marriage, Chapter: The Sultan is the Guardian..., Hadith: 5135)
➏
In matters where there is no clear guidance from the Qur’an and Hadith, a scholar may derive a ruling through ijtihad (independent reasoning).
Abdullah ibn Mas‘ud (radi Allahu anhu) gave this ruling through ijtihad.
Later, it became known that the Prophet (sallallahu alayhi wa sallam) had given the same ruling regarding Barwa‘ bint Washiq (radi Allahu anha), which brought him great happiness. (Sunan Abi Dawud, Book of Marriage, Chapter: Regarding one who marries and does not specify a dower for her until he dies, Hadith: 2114)
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 1891
