Azami 6515

Abu Dawud (2114), Nasai (3356), and Ibn Majah (1891) narrated it, and Ibn Hibban (4098) and Hakim (2/180-181) graded it sahih, all of them from the hadith of Abdul-Rahman bin Mahdi, from Sufyan, from Firas, from Shaybi, from Masruq, from Abdullah, and he related it. Hakim said, "sahih according to the standard of the two Shaykhs."Abu Dawud (2115), Nasai (3355), Tirmidhi (1145), and Ibn Hibban (4099) also narrated it, all of them from the hadith of Mansur, from Ibrahim, from Alqama, from Ibn Masud, and he related the hadith. In the wording of Nasai, "They kept coming to him for nearly a month, but he would not give them a ruling." Tirmidhi said, hasan sahih.Nasai (3358), Ibn Hibban (4101), and Hakim (2/180), and from him Bayhaqi (2457), also narrated it from Dawud bin Abu Hind, from Shaybi, from Alqama, from Abdullah, more complete than this. This is its wording.Some people came to him and said, "A man among us married a woman, but he did not fix a dowry for her, and he did not consummate the marriage before he died." Abdullah said, "I have not been asked anything harder for me than this since I parted from the Messenger of Allah ﷺ. Go to someone else." But they kept coming back to him about it for a month, then finally said to him, "Whom shall we ask if not you, when you are among the senior companions of Muhammad ﷺ in this land, and we can find no one else?"He said, "I will give you my best judgment on it. If it is correct, it is from Allah alone, who has no partner, and if it is wrong, it is from me and from Satan, and Allah and His Messenger are free of it. I hold the view that she should be given the dowry of women like her, neither reduced nor exaggerated, and she has the inheritance, and she must observe a waiting period of four months and ten days."He said, and this was within hearing of some people from Ashja, so they stood up and said, "We testify that you have ruled as the Messenger of Allah ﷺ ruled concerning a woman among us called Baroa bint Washiq." He said, Abdullah was never seen so happy on any day except at his acceptance of Islam. The wording is that of Nasai.Abu Dawud (2116), Ahmad (4276), and Bayhaqi (2467) narrated it, all of them from the hadith of Saeed bin Abu Aruba, from Qatada, from Khilas and Abu Hassan, from Abdullah bin Utba bin Masud, that Abdullah bin Masud was approached concerning a man with this report. He said, they kept coming to him for a month, or he said, several times. He said, "I will say regarding it," and he related the same.Then some people from Ashja stood up, among them Jarrah and Abu Sinan, and said, "Ibn Masud, we testify that the Messenger of Allah ﷺ gave this same ruling among us concerning Baroa bint Washiq and her husband Hilal bin Murra Ashjai, just as you have ruled." He said, Abdullah bin Masud was overjoyed when his ruling matched the ruling of the Messenger of Allah ﷺ. Its isnad is also sahih.The hadith has other chains of transmission, to which Tirmidhi referred when he said, "The hadith of Ibn Masud is hasan sahih, and it has been narrated from him through more than one route."Bayhaqi said, "This disagreement over the name of who narrated the story of Baroa bint Washiq from the Prophet ﷺ does not weaken the hadith. For all the isnads of these narrations are sahih, and some of them indicate that a group of people from Ashja testified to this. So it is as though some narrators named one of them, others named two, and others left them unnamed, and this kind of thing does not invalidate the hadith. And were it not for the reliability of the one who narrated it from the Prophet ﷺ, the joy of Abdullah bin Masud would have had no meaning." End of quote.It has been narrated from Ali bin Abu Talib something different from this. This is what Abd Khayr narrated from Ali, that he used to say concerning a man who married a woman then died before fixing a dowry for her and before consummating the marriage, that he used to give her the inheritance, and she must observe the waiting period, but he did not give her the dowry. Abdul-Razzaq (11738) narrated it from Thawri, from Ata bin Saaib, from Abd Khayr, from Ali, and he related it. Ata bin Saaib became confused in his memory toward the end of his life, but Thawri, who is Sufyan bin Saeed Thawri, heard from him before this confusion set in. Abdul-Razzaq (11737) also narrated it through another route with similar wording.A group of companions held this view, namely Zayd bin Thabit, Abdullah bin Abbas, and Abdullah bin Umar, and this was the earlier position of Shafii. He then retracted it after the hadith of Baroa bint Washiq reached him, holding that she is entitled to the dowry.Tirmidhi pointed to this disagreement following the hadith of Ibn Masud, saying, "The practice is upon this according to some scholars among the companions of the Prophet ﷺ and others, and this is the view of Thawri, Ahmad, and Ishaq. Some scholars among the companions of the Prophet ﷺ, including Ali bin Abu Talib, Zayd bin Thabit, Ibn Abbas, and Ibn Umar, held that if a man marries a woman, does not consummate the marriage, and does not fix a dowry for her before he dies, then, as they said, she has the inheritance, no dowry is due to her, and she must observe the waiting period. This is the view of Shafii. If the hadith of Baroa bint Washiq were established, it would be decisive evidence regarding what has been narrated from the Prophet ﷺ. It has been narrated that Shafii retracted this view in Egypt afterward and adopted the hadith of Baroa bint Washiq." End of quote.Among the legal lessons in this hadith is that ijtihad is permissible regarding new cases of rulings for which no text is found, even though a text and a definitive ruling might exist for them. Khattabi said this. So when one comes across a text that contradicts his ijtihad, he must return to the text and abandon his ijtihad, and Shafii pointed to this when he said, "The report is accepted at the time it is established," and said, "The hadith of the Messenger of Allah ﷺ is established by itself, not by someone else's practice after it."