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سنن دارمي
Darimi
من كتاب النكاحFrom the Book of Marriage
باب الرَّجُلِ يَتَزَوَّجُ الْمَرْأَةَ فَيَمُوتُ قَبْلَ أَنْ يَفْرِضَ لَهَا:Chapter: A Man Dies Before Assigning a Dowry
Hadith 2283
اُردوEn
أَخْبَرَنَا مُحَمَّدُ بْنُ يُوسُفَ، حَدَّثَنَا سُفْيَانُ، عَنْ مَنْصُورٍ، عَنْ إِبْرَاهِيمَ، عَنْ عَلْقَمَةَ، عَنْ عَبْدِ اللَّهِ، فِي رَجُلٍ تَزَوَّجَ امْرَأَةً وَلَمْ يَكُنْ فَرَضَ لَهَا شَيْئًا، وَلَمْ يَدْخُلْ بِهَا، وَمَاتَ عَنْهَا، قَالَ فِيهَا: لَهَا صَدَاقُ نِسَائِهَا، وَعَلَيْهَا الْعِدَّةُ، وَلَهَا الْمِيرَاثُ، قَالَ مَعْقِلٌ الْأَشْجَعِيُّ: "قَضَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي بِرْوَعَ بِنْتِ وَاشِقٍ امْرَأَةٍ مِنْ بَنِي رُوَاسٍ بِمِثْلِ مَا قَضَيْتَ" . قَالَ: فَفَرِحَ بِذَلِكَ، قَالَ مُحَمَّدٌ، وَسُفْيَانُ: نَأْخُذُ بِهَذَا.
It was asked from Sayyiduna Abdullah bin Mas’ud (may Allah be pleased with him) about a man who married a woman but did not fix her dowry, nor did he have intercourse with her, and then he passed away. Regarding this, he said: She will receive the dowry similar to that of other women, she will have to observe the waiting period (‘iddah), and she will also receive a share in inheritance. Sayyiduna Ma’qil Ashja’i (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings be upon him) also gave the same verdict regarding a woman named Barwa’ bint Washiq bin Nuwras as you have said. Sayyiduna Ibn Mas’ud (may Allah be pleased with him) became happy upon hearing this. Muhammad and Sufyan said: This is also our opinion.
Brief Explanation
(Explanation of Hadiths 2281 to 2283)
From this narration and hadith, it is understood that if the dowry (mahr) is not mentioned in the marriage (nikah), even then the marriage is valid. And if such a husband passes away before consummation, the woman will be considered his wife, and she will receive a dowry similar to that of the women of his family and tribe, she will also inherit from him, and she will observe the waiting period (‘iddah).
Ibn Qayyim al-Jawziyyah rahimahullah said: There is no opposing fatwa to this case, therefore acting upon it is necessary.
From this narration, the religious understanding and virtue of Sayyiduna Abdullah ibn Mas‘ud radi Allahu anhu are established, and his happiness upon the testimony of Sayyiduna Ma‘qil ibn Sinan al-Ashja‘i radi Allahu anhu was a natural matter.
There is a narration in al-Nasa’i that upon hearing this, Sayyiduna Ibn Mas‘ud radi Allahu anhu became so happy that he was never seen so happy before.
From this narration and hadith, it is understood that if the dowry (mahr) is not mentioned in the marriage (nikah), even then the marriage is valid. And if such a husband passes away before consummation, the woman will be considered his wife, and she will receive a dowry similar to that of the women of his family and tribe, she will also inherit from him, and she will observe the waiting period (‘iddah).
Ibn Qayyim al-Jawziyyah rahimahullah said: There is no opposing fatwa to this case, therefore acting upon it is necessary.
From this narration, the religious understanding and virtue of Sayyiduna Abdullah ibn Mas‘ud radi Allahu anhu are established, and his happiness upon the testimony of Sayyiduna Ma‘qil ibn Sinan al-Ashja‘i radi Allahu anhu was a natural matter.
There is a narration in al-Nasa’i that upon hearing this, Sayyiduna Ibn Mas‘ud radi Allahu anhu became so happy that he was never seen so happy before.
