Azami 6262

Malik narrated it in al-Qadar (7) from Abu Zinad, from Araj, from Abu Hurairah, and he mentioned it. Bukhari narrated it in al-Qadar (6601) through the route of Malik, with the same wording. Muslim narrated it in al-Nikah (1408:38) through the route of Hisham, from Muhammad bin Sirin, from Abu Hurairah, from the Prophet ﷺ, who said, "A man should not propose to a woman who is already engaged to his brother... " the hadith continues, and in it, "and a woman should not ask for her sister's divorce in order to take over her portion, rather let her marry, for she will have what Allah has decreed for her."In one wording, from the narration of Dawud bin Abu Hind, from Ibn Sirin, with the same chain, "for Allah will provide for her."Regarding the word "sahfatuha," the sahfah is a vessel used for food.The legal understanding of this hadith, Abu Umar bin Abdul-Barr said in al-Tamhid (8/166), "It is not permissible for a woman, nor for her guardian, to stipulate in her marriage contract the divorce of another woman. On the basis of this hadith and similar ones, a group of scholars have argued that if a woman stipulates to a man, at the time of contracting her marriage, that she is marrying him only on condition that any other woman he marries besides her shall be divorced, this is an invalid condition, and the marriage contract made on that basis is defective and is to be annulled before consummation, because a defective condition entered into the dower through which intimacy is made lawful, and thus corrupted it, since it conflicts with the prohibition.Some scholars hold that the condition itself is void in all such cases, while the marriage remains valid and sahih. This is the preferred view, and most scholars of the Hijaz hold to it. Nevertheless, they regard such a condition as disliked, and they regard contracting marriage upon it as disliked. Their evidence is the hadith of this chapter and others like it."