CHAPTER 39 – Marriage of a Person in Ihram
Abduddâr's son dispatched someone to Nübayh ibn Wahb, the brother of Abduddâr, to inquire of Eban, the son of Osman ibn Affan, who was then the amir for Hajj. (He, Amr) desired to marry Shaybah ibn Jubayr’s daughter and wished that he be present. Eban did not approve of Amr's action and responded, "My father, Osman ibn Affan, heard the Messenger of Allah, peace and blessings be upon him, say, 'An individual in ihram may neither marry nor facilitate a marriage.'"
It is narrated from 'Uthman (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) expressed a statement similar to the preceding hadith.
The narrator added in this hadith: “He cannot even send a matchmaker.”
**EXPLANATION:**
Based on the apparent meaning of this hadith, Imam al-Shafi'i and Malik hold that a person in ihram cannot marry a woman himself, nor can he act as a guardian for others in their marriages. According to Imam al-Awwam and his followers, there is no impediment to an individual in ihram performing the marriage of himself or another. As evidence, they cite the report narrated by Ibn 'Abbas (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) married Maymunah (may Allah be pleased with her) while he was in ihram. (Ma'alim al-Sunan, vol. 2, p. 358)
Meymūna (may Allah be pleased with her) related:
The Messenger of Allah (peace and blessings upon him) married me in a place called Sharīf, and neither of us was in *ihram*.
[Note]
Meymūna’s statement corresponds to what is mentioned in hadith number 1844, which indicates that Ibn ‘Abbās took the weak side [of an argument]. Hadith number 1845 explicitly states this.
It is narrated from Ibn Abbas, may Allah be pleased with him:
The Messenger of Allah, peace and blessings be upon him, married Maymunah, may Allah be pleased with her, while in ihram.
Sa'id ibn Musayyib, may Allah be pleased with him, narrated:
Regarding the report that the Messenger of Allah, peace and blessings be upon him, married Maymunah while she was in ihram, Ibn 'Abbas has erred.