Azami 4848

Daraqutni (3650) narrated it from Abu Talib Ahmad bin Nasr Hafiz, who said, Hilal bin Ala narrated to us, Nufayli narrated to us, Muslim bin Khalid narrated to us, Ismail bin Umaya narrated to us, from Nafi, from Ibn Umar, and he mentioned it. He also narrated it (3651) through another route from Mughira bin Abdul-Rahman, from Dahhak bin Uthman, from Nafi, from Ibn Umar. He said, I only know it as being from the Prophet ﷺ, "A person in ihram may not marry, nor propose marriage, nor may a proposal be made on his behalf over another's proposal."The first chain is hasan, due to the discussion concerning Muslim bin Khalid, who is Zanji, about whom there is disagreement. Ibn Madini said, "He is nothing." Ibn Main said, "He is trustworthy." Daraqutni also declared him trustworthy, and Ibn Hibban mentioned him in Thiqat. Ibn Adi said, "His hadith is hasan, and I hope there is no harm in him." I say, he is as Ibn Adi described.Bayhaqi (7/210) said, "It was narrated from Ismail bin Umaya, from Nafi, from Ibn Umar, as a marfu narration. And from Dahhak bin Uthman, from Nafi, from Ibn Umar, with uncertainty. But the sahih version from Ibn Umar is mawquf." End of quote.I say, this is supported by the fact that Malik narrated it in the Muwatta (72) from Nafi, from Ibn Umar, as his own statement, with the wording, "A person in ihram may not marry, nor may he propose marriage for himself or on behalf of another." However, it is possible that the mawquf version represents a legal opinion while the marfu version represents a narration, and both are sahih.As for what Abdullah bin Ahmad narrated (5958), he said, I found this hadith in my father's book in his own handwriting, Aswad bin Amir narrated to us, Ayub bin Utba narrated to us, Ikrima bin Khalid narrated to us, who said, I asked Ibn Umar about a woman whom a man, on his way out of Makkah, wished to marry, while intending to perform umrah or hajj. He said, "Do not marry her while you are in ihram. The Messenger of Allah ﷺ forbade it."Daraqutni (3649) also narrated it through another route from Aswad bin Amir, with his chain, similarly. Ayub bin Utba Yamami, Abu Yahya the judge, was declared daif by the majority of scholars, and Haythami attributed the fault in this hadith to him in Majma (4/268).Tirmidhi (840), following his narration of the hadith of Uthman, said, "The hadith of Uthman is hasan sahih, and this is the practice followed by some of the companions of the Prophet ﷺ, among them Umar bin Khattab, Ali bin Abu Talib, and Ibn Umar. This is also the view of the jurists among the Followers, and it is held by Malik, Shafii, Ahmad, and Ishaq, who do not permit a person in ihram to marry. They say that if he does marry, his marriage is void."Bayhaqi said, We have narrated from Umar, Ali, Zayd bin Thabit, and Ibn Umar regarding the annulment of the marriage of a person in ihram.I say, the hadith of Umar bin Khattab was narrated by Malik (1/349), and from him Bayhaqi (5/66) and Daraqutni (3646), from Yahya bin Saeed, both of them from Dawud bin Husayn, that Abu Ghatfan bin Tarif Murri informed him that his father Tarif married a woman while he was in ihram, so Umar bin Khattab annulled his marriage. Its chain is sahih.As for the hadith of Ali bin Abu Talib, Bayhaqi narrated it from Hasan, from him, that he said, "Whoever marries while in ihram, we take his wife away from him." He also narrated it through the route of Jafar bin Muhammad, from his father, from Ali, who said, "A person in ihram may not marry, and if he does marry, his marriage is annulled."As for the hadith of Zayd bin Thabit, Bayhaqi also narrated that his freed slave Shawdhab married while in ihram, so he separated them.Bayhaqi also narrated from Saeed bin Musayab that a man married while in ihram, and the people of Madinah agreed unanimously that the couple should be separated.