Sunan Abi Dawud

Ibn Az-Zubayr reported on the authority of Umm Habibah that she was the wife of Ibn Jahsh, but he died, He was among those who migrated to Abyssinia. Negus then married her to the Messenger of Allah (ﷺ).

I had a sister and I was asked to give her in marriage. My cousin came to me and I married her to him. He then divorced her one revocable divorce. He abandoned her till her waiting period passed. When I was asked to give her in marriage, he again came to me and asked her in marriage. Thereupon I said to him “No, by Allah, I will never marry her to you. Then the following verse was revealed about my case: “And when ye have divorced women and they reach their term, place not difficulties in the way of their marrying their husbands.” So I expiated for my oath, and married her off to him.

The Prophet (ﷺ) said: Any woman who is married by two guardians (to two different men) belongs to the first woman who is married by two guardians (to two different men) belongs to the first of them and anything sold by a man to two persons belongs to the first of them.

About the Qur'anic verse: "It is not lawful for you forcibly to inherit the woman (of your deceased kinsmen), nor (that) ye should put constraint upon them. When a man died, his relatives had more right to his wife then her own guardian. If any one of them wanted to marry her, he did so; or they married her (to some other person), and if they did not want to marry her, they did so. So this verse was revealed about the matter.

Ibn ‘Abbas explained the Qur’anic verse It is not lawful for you forcibly to inherit the woman (of your deceased kinsmen) nor (that) ye should put constraint upon them that ye may take away a part of that which ye have given them, unless they be guilty of flagrant lewdness and said “This means that a man used to inherit a relative woman. He prevented her from marriage till she died or returned her dower to her. Hence, Allaah prohibited that practice.

The aforesaid tradition has also been transmitted by Al Dahhak to the same effect through a different chain of narrators. This version has Allaah prohibited that (practice).

Abu Hurairah reported the Prophet(ﷺ) as saying “ A woman who has been previously married should not be married until her permission is asked nor should a virgin be married without her permission. “They (the people) asked “What is her permission, Apostle of Allaah(ﷺ)? He replied “it is by her keeping silence.”

The Prophet (ﷺ) said: An orphan virgin girl should be consulted about herself; if she says nothing that indicates her permission, but if she refuses, the authority of the guardian cannot be exercised against her will. The full information rest with the tradition narrated by Yazid. Abu Dawud said: This tradition has also been transmitted in a similar way by Abu Khalid Sulaiman b. Hayyan and Mu'adh b. Mu'adh on the authority of Muhammad b. 'Amr.

The word "weeps" is not guarded. This is a misunderstanding of the tradition on the part of the narrator Ibn Idris or Muhammad b. al-'Ata. Abu Dawud said: This tradition has also been narrated by Abu 'Amr Dhakwan on the authority of 'Aishah who said: A virgin is ashamed of speaking, Messenger of Allah. He said: Her silence is her acceptance.

The Prophet (ﷺ) said: Consult women about (the marriage of) their daughters.

A virgin came to the Prophet (ﷺ) and mentioned that her father had married her against her will, so the Prophet (ﷺ) allowed her to exercise her choice.

The above tradition has been transmitted by ‘Ikrimah from the Prophet (ﷺ). Abu Dawud said “He (Muhammad bin ‘Ubaid) did not mention the name of Ibn ‘Abbas in the chain of this tradition. The people have also narrated it mursal (without the mention of the name of Ibn ‘Abbas) in a similar way. Its transmission in the mursal form is well known.

Ibn ‘Abbas reported the Apostle of Allaah(ﷺ) as saying “A woman without a husband has more right to her person than her guardian and a virgin’s permission must be asked, her permission being her silence. These are the words of Al Qa’nabi.

The above tradition has been transmitted by ‘Abd Allaah bin Al Fadl through his chain of narrators and with different meaning. The version goes “A woman without a husband has more right to her person than her guardian and the father of a virgin should ask her permission about herself.” Abu Dawud said “ The word “her father” is not guarded.

The Prophet (ﷺ) said: A guardian has no concern with a woman previously married and has no husband, and an orphan girl (i.e. virgin) must be consulted, her silence being her acceptance.

Khansa’ daughter of Khidham al-Ansariyyah reports that when her father married her when she had previously been married and she disapproved of that she went to the Apostle of Allaah(ﷺ) and mentioned it to him. He (the Prophet) revoked her marriage.

AbuHind cupped the Prophet (ﷺ) in the middle of his head. The Prophet (ﷺ) said: Banu Bayadah, marry AbuHind (to your daughter), and ask him to marry (his daughter) to you. He said: The best thing by which you treat yourself is cupping.

I went out along with my father during the hajj performed by the Messenger of Allah (ﷺ). I saw the Messenger of Allah (ﷺ). My father came near him; he was riding his she-camel. He stopped there and listened to him. He had a whip like the whip of the teachers. I heard the Bedouin and the people saying: Keep away from the whip. My father came up to him. He caught hold of his foot and acknowledged him (his Prophethood). He stopped and listened to him. He then said: I participated in the army of Athran (in the pre-Islamic days). The narrator, Ibn al-Muthanna, said: Army of Gathran. Tariq ibn al-Muraqqa' said: Who will give me a lance and get a reward? I asked: What is its reward? He replied: I shall marry him to my first daughter born to me. So I gave him my lance and then disappeared from him till I knew that a daughter was born to him and she came of age. I then came to him and said: Send my wife to me. He swore that he would not do that until I fixed a dower afresh other than that agreed between me and him, and I swore that I should not give him the dower other than that I had given him before. The Messenger of Allah (ﷺ) said: How old is she now? He said: She has grown old. He said: I think you should leave her. He said: This put awe and fear into me, and I looked at the Messenger of Allah (ﷺ). When he felt this in me, he said: You will not be sinful, nor will your companion be sinful. Abu Dawud said: Qatir means old age.

Ibrahim bin Maisarah reported from his maternal aunt who reported on the authority of a woman called Mussaddaqah (a truthful woman). She said “In pre Islamic days, when my father participated in a battle the feet of the people burnt due to intense heat. Thereupon a man said “Who gives me his shoes, I shall marry him to my first daughter born to me. My father took off his shoes and there them before him. A girl was thereafter born to him and came of age.” The narrator then mentioned a similar story. But he did not mention that she had grown old.

Abu Salamah said “I asked A’ishah about the dower given by the Apostle of Allaah(ﷺ). She said “It was twelve Uqiyahs and a nashsh”. I asked “What is nashsh?” She said it is half an uqiyah.