Azami 6605

Ibn Majah (2056) narrated it from Azhar bin Marwan, who said, Abdul-Ala bin Abdul-Ala told us, Saeed bin Abu Aruba told us, from Qatada, from Ikrima, from Ibn Abbas, and he related it. Bayhaqi (7/313) narrated it through another route from Hammam, from Qatada, in abridged form, not mentioning the phrase "nor should it be increased." Its chain is hasan because of Azhar bin Marwan, for his hadith is hasan, and Ibn Hajar declared it sahih in Dirayah (p. 75). Bayhaqi (7/313) also narrated it through the route of Hammam, from Qatada, in abridged form, and through the route of Abdul-Ala bin Abdul-Ala, in fuller detail. He said, this is how Abdul-Ala bin Abdul-Ala narrated it from Saeed bin Abu Aruba as a connected chain, while others related it from him as a discontinued (mursal) chain.On this subject there is also what is related from Abu Zubayr, that Thabit bin Qays bin Shammas was married to Zaynab bint Abdullah bin Salul, whom he had given a garden as her dowry. She came to dislike him, so the Prophet ﷺ said, "Will you give him back the garden he gave you?" She said, "Yes, and more." The Prophet ﷺ said, "As for the extra, no, but just the garden." She said, "Yes," so he took it for him and released her from the marriage. When this reached Thabit bin Qays, he said, "I accept the judgment of the Messenger of Allah ﷺ."Daraqutni (3/255) narrated it through Hajjaj, from Ibn Jurayj, who said, Abu Zubayr informed me, and he related it. Daraqutni said, Abu Zubayr heard it from more than one person. Ibn Jawzi said in Tahqiq (4/394), its chain is sahih, and Ibn Abdul-Hadi confirmed this. Hajjaj here is Ibn Muhammad Masissi. However, Bayhaqi said (7/314), "This too is mursal." Ibn Hajar said in Fath al-Bari (9/402), "The men of its chain are trustworthy, and in some of its routes it occurs that Abu Zubayr heard it from more than one person. If among them was a companion, then it is sahih, otherwise it is supported by what preceded," meaning the hadith of Ibn Abbas as recorded by Ibn Majah, and the mursal report of Ata.I say, the mursal report of Ata was narrated by Abu Dawud in his Marasil (227) and by Abdul-Razzaq (6/502), both through the route of Ibn Jurayj, who said, Ata informed me, saying, a woman came to the Prophet ﷺ complaining about her husband. He said, "Will you give him back his garden?" She said, "Yes, and more." He said, "As for the extra, no." Daraqutni (3/321) said Walid contradicted him in his narration from Ibn Jurayj, connecting it through Ata, from Ibn Abbas, but the mursal version is more sahih. Abu Hatim likewise judged the mursal version to be sahih in his Ilal (1/429).The legal understanding of the hadith. It is understood from the hadiths on this subject that demanding more than the dowry back is not permissible, and this is the view held by the majority of scholars, including Abu Hanifa, Ahmad, Ishaq, Saeed bin Musayab, and others, who said, he may not take more than the dowry. For if he takes more than what he gave her, he has not released her with the kindness that Allah commanded. Malik, Shafii, and a group of the Followers said, there is no harm in taking the extra amount. However, Malik said, taking the extra is not among the noble traits of character.As for what is related from Abu Saeed Khudri, who said, my sister was married to a man from the Ansar. He had married her for a garden as her dowry, and a dispute arose between them, so they brought the matter to the Prophet ﷺ, who said, "Will you give him back his garden, and he will divorce you?" She said, "Yes." He said, "Give him back his garden, and add something more for him." This is daif. Daraqutni (3/254) narrated it through the route of Hasan bin Umara, from Atiya Awfi, from Abu Saeed Khudri, and he related it. Hasan bin Umara was a liar, as Shuba said. Yahya said, he lies. And his teacher Atiya Awfi was judged daif by Thawri, Hushaym, Ahmad, Yahya, and others.