Azami 4853

Tirmidhi (841), Ahmad (27197), and Tahawi in Mushkil Athar (5800) related it, and Ibn Hibban graded it sahih (4130), all of them through the route of Hammad bin Zayd, who said, Matar Warraq narrated to us, from Rabia bin Abdul-Rahman, from Sulayman bin Yasar, from Abu Rafi, and he mentioned it.Tirmidhi said, "Hasan, and we do not know anyone who narrated it with a full chain except Hammad bin Zayd, from Matar Warraq, from Rabia." He said, "Malik bin Anas related it from Rabia, from Sulayman bin Yasar, that the Prophet ﷺ married Maymuna while he was not in ihram. Malik related it as a mursal narration, and Sulayman bin Bilal also related it from Rabia as mursal." He said, "It has also been narrated from Yazid bin Asam, from Maymuna, who said, 'The Messenger of Allah ﷺ married me while he was not in ihram,' and Yazid bin Asam is the son of Maymuna's sister." This is the end of Tirmidhi's statement.I say, its chain is hasan because of Matar Warraq, for he is truthful but makes many errors, as stated in Taqrib. Malik related it from Rabia, from Sulayman bin Yasar, as mursal. Ibn Abdul-Barr, in Tamhid (13/151), gave preference to the mursal version. But if Sulayman bin Yasar was born in the year twenty-seven, as has been said, and Abu Rafi died in Madinah shortly after the killing of Uthman, and the killing of Uthman took place in Dhul-Hijjah of the year thirty-five, then Sulayman bin Yasar's age would have been over eight years, so his having heard from him is possible. This is further confirmed by Maymuna herself, so there is nothing impossible about it. For this reason Hafiz bin Qayyim, in his Zad, and in Tahzib Sunan, gave preference to the connected version. He said, "This is explicit that her marriage was contracted by proxy before ihram." End of quote.As for what has been related from Ibn Umar, "that the Prophet ﷺ married Maymuna while he was not in ihram," its chain contains an unnamed man. Daraqutni related it (3653) through the hadith of Ahmad bin Husayn bin Jafar Lahbi, who said, some of our companions narrated to me, from Abu Wahb Basri, from Ubaydullah bin Umar bin Hafs, from Nafi, from Ibn Umar, who said, and he mentioned it.As for resolving the apparent contradiction between the hadith of Ibn Abbas and those who agree with him, and the hadith of Maymuna and those who agree with her, I have discussed it in detail in Minna Kubra (4/78-83), so refer to it if you wish.As for the positions of the scholars, the majority of scholars held that marriage for one in ihram is forbidden, as mentioned above. Abu Hanifa and Thawri, and before them Saeed bin Jubayr, Ataa, Tawus, Mujahid, Ikrima, and Jabir bin Zayd among the companions of Ibn Abbas, as well as Amr bin Dinar, Ayub Sakhtiyani, Abdullah bin Abu Najeeh, Qasim bin Muhammad, Ibrahim Nakhai, and others, held that there is no dislike in a person in ihram getting married. This was also the position of Ibn Masud, Ibn Abbas, and Anas.Their argument is that what is forbidden during ihram is intercourse, not marriage. So his saying, "he does not marry," means "he does not have intercourse." They compared the marriage of one in ihram to the purchase of a slave girl. Anas bin Malik was asked about the marriage of one in ihram, and he said, "There is no harm in it." Tahawi related this with a strong chain, as mentioned earlier. Ibn Masud likewise did not see any harm in a person in ihram getting married. Tahawi related this in Sharh Mushkil Athar (14/519).I have responded to these and other objections in detail in Minna Kubra, so I see no need to repeat it here.