Toggle above to switch between keyword search and direct hadith lookup
سنن دارمي
Darimi
من كتاب النكاحFrom the Book of Marriage
باب الشَّرْطِ في النِّكَاحِ:Chapter: Conditions in Marriage
Hadith 2240
اُردوEn
أَخْبَرَنَا أَبُو عَاصِمٍ، عَنْ عَبْدِ الْحَمِيدِ بْنِ جَعْفَرٍ، عَنْ يَزِيدَ بْنِ أَبِي حَبِيبٍ، عَنْ مَرْثَدِ بْنِ عَبْدِ اللَّهِ، عَنْ عُقْبَةَ بْنِ عَامِرٍ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ , قَالَ: "إِنَّ أَحَقَّ الشُّرُوطِ أَنْ تُوفُوا بِهَا مَا اسْتَحْلَلْتُمْ بِهِ مِنَ الْفُرُوجِ".
It is narrated from Sayyiduna Uqbah bin Amir (may Allah be pleased with him) that the Noble Prophet (peace and blessings be upon him) said: "The conditions by which you have made the private parts of women lawful for yourselves are the most deserving to be fulfilled."
Brief Explanation
(Commentary on Hadith 2239)
The meaning of this hadith is that the conditions most deserving of being fulfilled are the conditions of marriage (nikah), because its matter is extremely delicate.
It is stated in *Subul al-Salam* that this hadith is evidence that stipulating conditions in marriage is permissible, and fulfilling them is necessary.
There is a difference of opinion regarding what is meant by the conditions of marriage.
One view is that it refers to the payment of the dower (mahr). Another view is that it refers to whatever the woman is entitled to by virtue of the marital relationship. It has also been said that it refers to those conditions which the man has agreed upon with the woman in order to persuade her to marry, provided they are not prohibited by the Shari‘ah. This last view is more likely.
(*Sharh Bulugh al-Maram* by Shaykh Safi al-Rahman rahimahullah)
Qastallani rahimahullah said: What is meant are those conditions which are not contrary to the marriage contract, such as conditions related to intimacy, maintenance, and provision (nafaqah), and similar conditions. As for conditions such as that he will not marry another woman, or will not keep a slave-girl, or will not take her on a journey, fulfilling these is not necessary; rather, such conditions are void.
Imam Ahmad rahimahullah and the people of hadith hold the view that every type of condition upon which there is mutual agreement must be fulfilled «(المؤمنون على شروطهم)» except for those conditions which are contrary to the Book and the Sunnah, because the hadith is absolute.
The meaning of this hadith is that the conditions most deserving of being fulfilled are the conditions of marriage (nikah), because its matter is extremely delicate.
It is stated in *Subul al-Salam* that this hadith is evidence that stipulating conditions in marriage is permissible, and fulfilling them is necessary.
There is a difference of opinion regarding what is meant by the conditions of marriage.
One view is that it refers to the payment of the dower (mahr). Another view is that it refers to whatever the woman is entitled to by virtue of the marital relationship. It has also been said that it refers to those conditions which the man has agreed upon with the woman in order to persuade her to marry, provided they are not prohibited by the Shari‘ah. This last view is more likely.
(*Sharh Bulugh al-Maram* by Shaykh Safi al-Rahman rahimahullah)
Qastallani rahimahullah said: What is meant are those conditions which are not contrary to the marriage contract, such as conditions related to intimacy, maintenance, and provision (nafaqah), and similar conditions. As for conditions such as that he will not marry another woman, or will not keep a slave-girl, or will not take her on a journey, fulfilling these is not necessary; rather, such conditions are void.
Imam Ahmad rahimahullah and the people of hadith hold the view that every type of condition upon which there is mutual agreement must be fulfilled «(المؤمنون على شروطهم)» except for those conditions which are contrary to the Book and the Sunnah, because the hadith is absolute.
