Sunan Abi Dawud

Abu Hurairah said “The Apostle of Allah (ﷺ) forbade that a woman and her maternal aunt and a woman and her paternal aunt are joined in marriage (to the same man).”

The Prophet (ﷺ) abominated the combination of paternal and maternal aunts and the combination of two maternal aunts and two paternal aunts in marriage.

Ibn Shihab said “’Urwah bin Al Zubair asked A’ishah , wife of the Prophet(ﷺ) about the Qur’anic verse “And if ye fear that ye will not deal fairly by the orphans, marry of the women, who seem good to you.” She said “O my nephew, this means the female orphan who is under the protection of her guardian and she holds a share in his property and her property and beauty attracts him; so her guardian intends to marry her without doing justice to her in respect of her dower and he gives her the same amount of dower as others give her. They (i.e., the guardians) were prohibited to marry them except that they do justice to them and pay them their maximum customary dower and they were asked to marry women other than them (i.e., the orphans) who seem good to them. ‘Urwah reported that A’ishah said “The people then consulted the Apostle of Allaah(ﷺ) about women after revelation of this verse. Thereupon Allaah the Exalted sent down the verse “They consult thee concerning women. Say Allaah giveth you decree concerning them and the scripture which hath been recited unto you(giveth decree) concerning female orphans unto whom you give not that which is ordained for them though you desire to marry them. “ She said “The mention made by Allaah about the Scripture recited to them refers to the former verse in which Allaah has said “And if ye fear that ye will not deal fairly by the orphans, marry of the women, who seem good to you.” A’ishah said “The pronouncement of Allaah , the Exalted in the latter verse “though you desire to marry them” means the disinterest of one of you in marrying a female orphan who was under his protection, but she said little property and beauty. So they were prohibited to marry them for their interest in the property and beauty of the female orphans due to their disinterest in themselves except that they do justice )to them). The narrator Yunus said “Rabi’ah said explain the Qur’anic verse “And if ye fear that ye will not deal fairly by the orphans” means “Leave them if you fear (that you will not do justice to them), for I have made four women lawful for you.”

‘Ali bin al-Hussain said that when they returned to Madeenah from Yazid bin Mu’awiyah the place of massacre of Al Hussain bin Ali(may Allaah be pleased with him) Al Miswar bin Makhramah met them and said “tell me if you have any need for me. I said to him “No”. He then said Will you not give me the sword of the Apostle of Allaah(ﷺ)? I fear the people may not take it from you by force. (He said) By Allaah if you give it to me no one can take it from me so long as I am alive. Ali bin Abi Talib (may Allaah be pleased with him) asked for the hand of Abu Jahl’s daughter in marriage after the marriage with Fathima. I heard the Apostle of Allaah(ﷺ) say while he was addressing the people about this matter on the pulpit and I was mature in those days. Fathima is from me and I am not afraid that she will be tried in respect of her religion. He then mentioned his other son-in-law who belonged to Banu ‘Abd Shams. He admired him immensely for his relationship with him and extolled him well. He said “He talked to me and talked truly and he made promise with me and fulfilled it. I do not make lawful what Is unlawful and unlawful what is lawful. But, by Allaah the daughter of the Apostle of Allaah(ﷺ) and the daughter of the enemy of Allaah can never be combined together.

The aforesaid tradition has also been transmitted by Ibn Abi Mulaikah. He said “’Ali (Allaah be pleased with him) then kept silence about the marriage (i.e., marrying Abi Jahl’s daughter)

Al Miswar bin Makramah said that he heard the Apostle of Allaah(ﷺ) say on the pulpit Banu Hashim bin Al Mughirah sought permission from me to marry their daughter to ‘Ali bin Abi Talib. But I do not permit, again, I do not permit, again, I do not permit except that Ibn Abi Talib divorces my daughter and marries their daughter. My daughter is my part, what makes her uneasy makes me uneasy and what troubles her troubles me. The full information rests with the tradition narrated by Ahmad.

Al Zuhri said “we were with ‘Umar bin ‘Abd Al Aziz, there we discussed temporary marriage. A man called Rabi bin Saburah said “I bear witness that my father told me that the Apostle of Allaah(ﷺ) had prohibited it at the Farewell Pilgrimage.”

The Messenger of Allah (ﷺ) prohibited temporary marriage with women.

Ibn ‘Umar said “The Apostle of Allaah(ﷺ) prohibited shighar marriage. Musaddad added in his version “I said to ‘Nafi “What is shighar?” (It means that) a man marries the daughter of another man and gives his own daughter to him in marriage without fixing dower; and a man marries the sister of another man and gives him his sister in marriage without fixing dower.

Al-Abbas ibn Abdullah ibn al-Abbas married his daughter to Abdur Rahman ibn al-Hakam, and AbdurRahman married his daughter to him. And they made this (exchange) their dower. Mu'awiyah wrote to Marwan commanding him to separate them. He wrote in his letter: This is the shighar which the Messenger of Allah (ﷺ) has forbidden.

(The narrator Isma'il said: I think ash-Sha'bi attributed this tradition to the Prophet) The Prophet (ﷺ) said: Curse be upon the one who marries a divorced woman with the intention of making her lawful for her former husband and upon the one for whom she is made lawful.

The aforesaid tradition has also been transmitted by ‘Ali through a different chain of narrators from the Prophet (ﷺ) to the same effect.

The Prophet (ﷺ) said: If any slave marries without the permission of his masters, he is a fornicator.

Ibn ‘Umar reported the Prophet (ﷺ) as saying “If a slave marries without the permission of his master, his marriage is null and void. Abu Dawud said “This tradition is weak. This is mauquf(does not go back to the Prophet). This is the statement of the Ibn ‘Umar himself.

Abu Hurairah reported the Apostle of Allaah(ﷺ) as saying “ A man should not seek the hand of a woman in marriage when his brother has already sought her hand.”

The Prophet (ﷺ) said: One of you must not ask a woman in marriage when his brother has done so already, and one of you must not sell (his own goods) when his brother has already sold (his goods) except with his permission.

The Prophet (ﷺ) said: When one of you asked a woman in marriage, if he is able to look at what will induce him to marry her, he should do so. He (Jabir) said: I asked a girl in marriage, I used to look at her secretly, until I looked at what induced me to marry her. I, therefore, married her.

The Messenger of Allah (ﷺ) said: The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. If there is cohabitation, she gets her dower for the intercourse her husband has had. If there is a dispute, the sultan (man in authority) is the guardian of one who has none.

This tradition has also been transmitted by A’ishah through a different chain of narrators from the Prophet (ﷺ) to the same effect. Abu Dawud said “Ja’far did not hear any tradition from Al Zuhri. Al Zuhri gave him his writing.”

The Prophet (ﷺ) said: There is no marriage without the permission of a guardian. Abu Dawud said: The narrator Yunus also transmitted on the authority of Abu Burdah, and Isra'il narrated from Abu Ishaq on the authority of Abu Burdah.