English
Abu Salamah ibn Abdul Rahman (may Allah be pleased with him) narrated: Abdullah ibn Abbas and Abu Hurayrah were asked about a pregnant woman whose husband dies. Ibn Abbas said: "The later of the two terms." Abu Hurayrah said: "When she gives birth, she becomes permissible." Abu Salamah ibn Abdul Rahman went to Umm Salamah, the Prophet’s wife (ﷺ), and asked her about it. Umm Salamah said: Subay‘ah al-Aslamiyyah gave birth half a month after her husband’s death. Two men proposed to her: one young, one elderly. She inclined toward the young man. The elderly man said: "You are not yet permissible." Her family was absent, and he hoped when they arrived, they would prefer him for her. She came to the Messenger of Allah (ﷺ) and mentioned it to him. He said: "You are permissible, so marry whomever you wish"
Possible references (unverified, pending editorial review)
- Candidate: Mishkat al-Masabih 3322 (unverified) 30% confidence
- Candidate: Muwatta Malik 1239 (unverified) 20% confidence
Mishkat (candidate) 3322
Confidence and text similarity are not editorial verification.
Commentary and footnotes (2)
Note 1
(1) The statement: "You are permissible, so marry whomever you wish" It is stated in "Al-‘Arf ash-Shadhi": What indicates the non-necessity of guardians’ expression is what is in Malik’s "Muwatta": "Her family was absent, etc." In it, he (peace be upon him) said to her: "You are permissible, so marry whomever you wish, etc." The Hadith is elevated, and it is permissible for her to marry without the guardians’ presence
Note 1
(۱)قوله : قد حللت فانكحي من شئت: وقال في العرف الشذي»: ومما يدلُّ على عدم الضرورة العبارة من الأولياء ما في موطأ مالك»: وكان أهلها غيبا إلخ، وفيه قال(عليه السلام) لها : قد حللت فانكحي من شئت إلخ، الحديث مرفوع، ويجوز لها لنبي ﷺ النكاح بدون حضور الأولياء.