CHAPTER 32 – THE STATUS OF ONE WHO MARRIES WITHOUT DETERMINING THE DOWRY AND THEN DIES
Abdullah ibn Mas'ud said concerning a man who married without appointing a dowry and died before consummating the marriage: That woman is entitled to a full dowry, she must observe 'iddah, and she has inheritance rights. Ma’kil ibn Sinan said: I heard the Messenger of Allah, peace be upon him, judge in the matter of Berva, daughter of Wasik, in this manner.
Osman ibn Abi Shaybah also transmitted a narration similar to the preceding hadith.
Abdullah ibn Utbah ibn Mas’ud has narrated:
Regarding the person mentioned in the preceding hadith (seeking a legal opinion), people came to Abdullah ibn Mas'ud. The narrator says that they visited Ibn Mas'ud on this matter for a month, or repeatedly. Abdullah ibn Mas'ud said: "My judgment concerning that woman is that she receives a full mahr equal to what women of his close relatives receive, neither less nor more, and she is given inheritance. 'Iddah (waiting period) is also obligatory upon her."
He then stated, “If this judgment of mine is correct, it is from Allah; if I am mistaken, it is from me and from the whisperings of Satan. Allah and His Messenger are clear of error.”
Thereupon, people from the Banu Asja tribe, including Jarrah and Abu Sinan, stood up and said: “O Ibn Mas'ud, we bear witness that the Messenger of Allah ﷺ gave a judgment regarding the daughter of Waseet, Berva, exactly as you have given a judgment among us. Her husband was Hilal ibn Murra al-Asja.” The narrator says: Ibn Mas’ud rejoiced greatly because the judgment coincided with the judgment of the Messenger of Allah ﷺ. [122]
EXPLANATION
*Waks:* Means deficient.
*Shadid:* Connotes exceeding limits and excessiveness. This hadith is evidence that if a woman whose marriage is performed through delegation dies before consummation by her husband, a *mehr-i misil* (a mahr equal to the mahr of a woman’s sister or maternal aunt's daughter) is obligatory upon her. This is the correct statement from the Hanafi school and Imam Shafi’i. Shafi’i says that *mehr-i misil* takes into consideration the mahr of the woman’s relatives (asab). The mahr of the woman’s mother and aunts cannot be taken into consideration. (Ma'alim al-Sunnah)
Uqba ibn Amr (may Allah be pleased with him) narrated:
The Messenger of Allah (peace and blessings upon him) said to a man, "Would you consent if I were to marry you to so-and-so woman?" The man said, “Yes.” Then the Messenger of Allah (peace and blessings upon him) said to the woman, "Would you consent to being married to so-and-so man?” The woman said, “Yes.” So the Messenger of Allah (peace and blessings upon him) married them to each other. The man consummated the marriage with the woman but did not appoint a dowry for her nor give her anything. This man was among those present at al-Hudaybiya, and those present at al-Hudaybiya had shares in Khaybar. When the man died, he said: “The Messenger of Allah (peace and blessings upon him) married me to so-and-so woman; I did not appoint a dowry for her nor give her anything. I bear witness before you that I am giving her my share from Khaybar in place of her dowry.” The woman took the share, and she sold it for one hundred thousand dirhams.
Abu Dawud said: Omar (ibn al-Khattab) added at the beginning of this hadith:
The Messenger of Allah (peace and blessings upon him) said: “The best marriage is that which is easily concluded.” The Messenger of Allah (peace and blessings upon him) said this to the man, and then he narrated this hadith. Again, Abu Dawud says: This hadith is consecutive, and one fears that the meaning and ruling will be different; [it could lead to] adding something extra to what was originally given as dowry.