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سنن دارمي
Darimi
من كتاب النكاحFrom the Book of Marriage
باب في نِكَاحِ الْمُحْرِمِ:Chapter: Marriage While in Ihram
Hadith 2235
اُردوEn
أَخْبَرَنَا عُثْمَانُ بْنُ مُحَمَّدٍ، حَدَّثَنَا ابْنُ عُيَيْنَةَ، عَنْ أَيُّوبَ بْنِ مُوسَى، عَنْ نُبَيْهِ بْنِ وَهْبٍ، عَنْ أَبَانَ بْنِ عُثْمَانَ، عَنْ عُثْمَانَ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ , قَالَ: "الْمُحْرِمُ لَا يَنْكِحُ وَلَا يُنْكِحُ".
It is narrated from Amir al-Mu'minin Sayyiduna Uthman ibn Affan, may Allah be pleased with him, that the Noble Prophet, peace and blessings be upon him, said: "A person in the state of Ihram should neither marry himself nor arrange the marriage of another."
Brief Explanation
(Commentary on Hadith 2234)
In the narration of Muslim, it is stated: "And do not propose (for marriage) while in the state of ihram."
In Ibn Hibban, it is stated: "And do not propose for marriage upon his proposal of marriage."
From this hadith, it is understood that both performing a marriage (nikah) or having it performed while in the state of ihram is prohibited, to the extent that even proposing (for marriage) is prohibited.
This is the position of Ahl al-Hadith, Imam Shafi'i and Imam Ahmad rahimahumullah, and the majority of scholars. However, Imam Abu Hanifah rahimahullah said that it is permissible for a person in the state of ihram (muhrim) to contract a marriage (nikah), and his evidence is the hadith of Sayyiduna Ibn Abbas radi Allahu anhuma, that the Messenger of Allah sallallahu alayhi wa sallam married Sayyidah Maymunah radi Allahu anha while in the state of ihram.
The scholars have refuted this and have written many responses, among which are the following: The aforementioned hadith «المحرم لا ينكح .....» is a statement (qawl), and assuming the authenticity of the hadith of Sayyiduna Ibn Abbas radi Allahu anhuma, that is an action (fi'l) of the Messenger of Allah sallallahu alayhi wa sallam.
According to the principles of hadith, a statement (qawl) takes precedence over an action (fi'l). Also, it is possible that this was something specific to the Messenger of Allah sallallahu alayhi wa sallam. Furthermore, many of the noble Companions and Sayyiduna Abu Rafi' radi Allahu anhu and others (who were the messengers and intermediaries at the time of the marriage to Sayyidah Maymunah radi Allahu anha) said that when the Messenger of Allah sallallahu alayhi wa sallam married Sayyidah Maymunah radi Allahu anha, he sallallahu alayhi wa sallam was in a state of being halal (not in ihram) at that time. This has been narrated by Ahmad and Tirmidhi rahimahumallah. Also, at the time of this marriage, Sayyiduna Ibn Abbas radi Allahu anhuma was young, about nine or ten years old, so it is possible that he was mistaken.
For details, see: [تحفة الأحوذي 89/2].
In the narration of Muslim, it is stated: "And do not propose (for marriage) while in the state of ihram."
In Ibn Hibban, it is stated: "And do not propose for marriage upon his proposal of marriage."
From this hadith, it is understood that both performing a marriage (nikah) or having it performed while in the state of ihram is prohibited, to the extent that even proposing (for marriage) is prohibited.
This is the position of Ahl al-Hadith, Imam Shafi'i and Imam Ahmad rahimahumullah, and the majority of scholars. However, Imam Abu Hanifah rahimahullah said that it is permissible for a person in the state of ihram (muhrim) to contract a marriage (nikah), and his evidence is the hadith of Sayyiduna Ibn Abbas radi Allahu anhuma, that the Messenger of Allah sallallahu alayhi wa sallam married Sayyidah Maymunah radi Allahu anha while in the state of ihram.
The scholars have refuted this and have written many responses, among which are the following: The aforementioned hadith «المحرم لا ينكح .....» is a statement (qawl), and assuming the authenticity of the hadith of Sayyiduna Ibn Abbas radi Allahu anhuma, that is an action (fi'l) of the Messenger of Allah sallallahu alayhi wa sallam.
According to the principles of hadith, a statement (qawl) takes precedence over an action (fi'l). Also, it is possible that this was something specific to the Messenger of Allah sallallahu alayhi wa sallam. Furthermore, many of the noble Companions and Sayyiduna Abu Rafi' radi Allahu anhu and others (who were the messengers and intermediaries at the time of the marriage to Sayyidah Maymunah radi Allahu anha) said that when the Messenger of Allah sallallahu alayhi wa sallam married Sayyidah Maymunah radi Allahu anha, he sallallahu alayhi wa sallam was in a state of being halal (not in ihram) at that time. This has been narrated by Ahmad and Tirmidhi rahimahumallah. Also, at the time of this marriage, Sayyiduna Ibn Abbas radi Allahu anhuma was young, about nine or ten years old, so it is possible that he was mistaken.
For details, see: [تحفة الأحوذي 89/2].
