Ibn Hibban

Nabiyah bin Wahb narrates: Umar bin Ubaidullah sent a message to Aban bin Uthman. At that time, Aban was the Amir of Hajj. Both of them were in the state of Ihram. (The message was:) I am about to marry Talhah bin Umar to the daughter of Shaybah bin Jubair. I wish for you to be present at this occasion as well. But Aban refused and explained: I heard Sayyiduna Uthman Ghani (may Allah be pleased with him) narrate that the Prophet Muhammad (peace and blessings be upon him) said: "A person in Ihram cannot marry himself, cannot send a marriage proposal, nor can he arrange the marriage of another." (Imam Ibn Hibban, may Allah have mercy on him, says:) These two narrations regarding the Prophet Muhammad (peace and blessings be upon him) marrying Sayyidah Maymunah (may Allah be pleased with her) apparently seem contradictory. There is a difference of opinion among our Imams on this issue. They say: It is narrated from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) that when the Prophet Muhammad (peace and blessings be upon him) married Sayyidah Maymunah (may Allah be pleased with her), he was in the state of Ihram, and the situation was just like that. This was narrated by Sa'id bin Musayyib. The narration transmitted by Yazid bin Asam is in agreement with the narration of Sayyiduna Uthman Ghani (may Allah be pleased with him), which is about the prohibition of a person in Ihram marrying or arranging a marriage, and it is more worthy of acceptance because it is supported by the narration of Sayyiduna Uthman Ghani (may Allah be pleased with him). In my view (the principle is) that when an authentic narration is established from the Prophet Muhammad (peace and blessings be upon him), then it is not permissible to abandon acting upon it except in the case where the Sunnah indicates that its abandonment is permissible. If it is permissible for someone to say that Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) made a mistake in narrating what we have mentioned, even though Sayyidah Maymunah (may Allah be pleased with her) was the maternal aunt of Ibn Abbas (may Allah be pleased with him), then it would also be permissible for someone else to say that Yazid bin Asam, the narrator, made a mistake in narrating this, because Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) was a greater memorizer of hadith, a greater scholar, and a greater jurist than two hundred people like Yazid bin Asam. (Imam Ibn Hibban, may Allah have mercy on him, says:) In my view, the meaning of the narration transmitted by Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) is: He said that the Prophet Muhammad (peace and blessings be upon him) married Sayyidah Maymunah (may Allah be pleased with her) when he was in the state of Ihram. By this, Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) meant that the Prophet Muhammad (peace and blessings be upon him) was within the boundaries of the Haram, not that he was in the state of Ihram. This is just like when someone enters darkness, it is said: he became darkened, or when someone enters Najd, it is said: he became Najdi, or when someone enters the Haram, it is said: he became a person of Ihram, even though that person may not have actually donned the Ihram at that time. The reason is: When the Prophet Muhammad (peace and blessings be upon him) intended to travel to Makkah for the Umrah of Qada, after making a firm intention, he sent from Madinah Sayyiduna Abu Rafi' (may Allah be pleased with him) and a man from the Ansar to Makkah so that they could convey the marriage proposal to Sayyidah Maymunah (may Allah be pleased with her) on behalf of the Prophet Muhammad (peace and blessings be upon him). Then the Prophet Muhammad (peace and blessings be upon him) set out, donned the Ihram, and when he entered Makkah, he performed Tawaf, Sa'i, and after completing Umrah, he removed the Ihram. At that time, the Prophet Muhammad (peace and blessings be upon him) married Sayyidah Maymunah (may Allah be pleased with her) when he was not in the state of Ihram, and this was after he had completed his Umrah. The Prophet Muhammad (peace and blessings be upon him) stayed in Makkah for three days. Then the people of Makkah requested him to leave, so he departed. When he reached the place called "Sarif," Sayyidah Maymunah (may Allah be pleased with her) was sent to him, and at that time, both the Prophet Muhammad (peace and blessings be upon him) and Sayyidah Maymunah (may Allah be pleased with her) were not in the state of Ihram. Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) mentioned the marriage contract, which took place in Makkah, and the Prophet Muhammad (peace and blessings be upon him) was within the boundaries of the Haram at that time. Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) used the words that the Prophet Muhammad (peace and blessings be upon him) was in a sacred state. Whereas Yazid bin Asam narrated the incident in its original form. Sayyiduna Abu Rafi' (may Allah be pleased with him) narrated that when the Prophet Muhammad (peace and blessings be upon him) married Sayyidah Maymunah (may Allah be pleased with her), both Sayyidah Maymunah (may Allah be pleased with her) and the Prophet Muhammad (peace and blessings be upon him) were not in the state of Ihram, and he was the one who conveyed the proposal between them. Similarly, Sayyidah Maymunah (may Allah be pleased with her) narrated the same about herself. So all these things, along with the prohibition of the Prophet Muhammad (peace and blessings be upon him) regarding marrying or arranging a marriage for a person in Ihram, will guide you to the principle we have stated, and this is contrary to the view of the one who claims that there is contradiction and difference in the narrations transmitted from the Prophet Muhammad (peace and blessings be upon him), and such a person follows an evil opinion and faulty analogy.