Hadith 3357
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."
Hadith 3358
´It was narrated that 'Abdullah said, concerning a man who married a woman, then died before consummating the marriage with her, and without naming a dowry:` "She should have the dowry, and she has to observe the 'Iddah, and she may inherit." Ma'qil bin Sinan said: "I heard the Prophet pass the same judgment concerning Birwa' bint Washiq."
Hadith 3554
´It was narrated from Ibn Mas'ud, that he was asked about a man who married a woman, but did not name a Mahr or consummate the marriage before he died. Ibn Mas'ud said:` "She should have a Mahr like that of women like her, no less and no more; she has to observe the 'Iddah, and she is entitled to inherit." Ma'qil bin Sinan Al-Ashja'i stood up and said: "The Messenger of Allah passed a similar judgment among us concerning Birwa' bint Washiq." And Ibn Masud rejoiced at that.