'Urwah bin Az-Zubair narrated that he asked 'Aishah about the saying of Allah, the Mighty and Sublime:
"And if you fear that you shall not be able to deal justly with the orphan girls then marry (other) women of your choice." She said: "O son of my sister, this refers to a female orphan who is in the care of her guardian, and her wealth is joined to his, and he is attracted to her wealth and her beauty. So her guardian wants to marry her without being fair with regard to her dowry, and without giving her what someone else would give her. So they were forbidden to marry them unless they were fair to them and gave them the highest possible dowry that is customarily given, and they were commanded to marry other women of their choice."
'Urwah said: "'Aishah said: 'Then later on, Allah, the Mighty and Sublime, revealed concerning them: 'They ask your legal instruction concerning women, say: Allah instructs you about them, and about what is recited unto you in the Book concerning the orphan girls whom you give not the prescribed portions and yet whom you desire to marry.' 'Aishah said: 'What Allah, Most High, mentioned here that is recited in the Book is the first Verse in which it says: And if you fear that you shall not be able to deal justly with orphan girls then marry (other) women of your choice.' 'Aishah said: 'What is referred to in the other Verse -and yet whom you desire to marry- is the desire of one of you not to marry orphan girl who is under his care if she is lacking in wealth and beauty. So they were forbidden to marry those orphan women to whose wealth they were attracted unless they were fair, because of their desire not to marry (those who were lacking in wealth and beauty.)'"
"I asked 'Aishah about that and she said: 'The Messenger of Allah got married (and married his daughters) for twelve Uqiyah and a Nashsh'" which is five hundred Dirhams.
"Umar bin Al-Khattab said: 'Do not go to extremes with regard to the dowries of women, for if that were a sign of honor and dignity in this world, or a sign of piety before Allah, the Mighty and Sublime, then Muhammad would have done that before you. But he did not give any of his wives, and none of his daughters were given, more than twelve Uqiyyah. A man may increase the dowry until he feels resentment against her and says: You cost me everything I own ('Alaqul-Qirbah)'" "And I was a man born among the 'Arabs, but I did not know the meaning of 'Alaqul-Qirbah' and others of you are saying -about those killed in this or that battle of yours, or who died: 'So-and-so was martyred' or 'so and so died as a martyr.' While perhaps he merely overloaded the backside of his beast, or lined his saddle with gold or silver seeking trade. So do not say that, rather say as the Prophet said: 'Whoever is killed in the cause of Allah, or dies, then he is in Paradise.'"
Chapter 66: Fairness In Giving Dowries - كتاب النكاح
أَخْبَرَنَا الْعَبَّاسُ بْنُ مُحَمَّدٍ الدُّورِيُّ، قَالَ حَدَّثَنَا عَلِيُّ بْنُ الْحَسَنِ بْنِ شَقِيقٍ، قَالَ أَنْبَأَنَا عَبْدُ اللَّهِ بْنُ الْمُبَارَكِ، عَنْ مَعْمَرٍ، عَنِ الزُّهْرِيِّ، عَنْ عُرْوَةَ بْنِ الزُّبَيْرِ، عَنْ أُمِّ حَبِيبَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم تَزَوَّجَهَا وَهِيَ بِأَرْضِ الْحَبَشَةِ زَوَّجَهَا النَّجَاشِيُّ وَأَمْهَرَهَا أَرْبَعَةَ آلاَفٍ وَجَهَّزَهَا مِنْ عِنْدِهِ وَبَعَثَ بِهَا مَعَ شُرَحْبِيلَ ابْنِ حَسَنَةَ وَلَمْ يَبْعَثْ إِلَيْهَا رَسُولُ اللَّهِ صلى الله عليه وسلم بِشَىْءٍ وَكَانَ مَهْرُ نِسَائِهِ أَرْبَعَمِائَةِ دِرْهَمٍ .
It was narrated from Umm Habibah that the Messenger of Allah married her when she was in Ethiopia. An-NajaShi performed the marriage for her and gave her a dowry of four thousand, and he fitted her out from his own wealth, and sent her with Shurahbil bin Hasanah. The Messenger of Allah did not send her anything, and the dowry of his wives was four hundred Dirhams.
Chapter 67: Marriage For A Nawah Of Gold (Five Dirhams) - كتاب النكاح
أَخْبَرَنَا مُحَمَّدُ بْنُ سَلَمَةَ، وَالْحَارِثُ بْنُ مِسْكِينٍ، قِرَاءَةً عَلَيْهِ وَأَنَا أَسْمَعُ، - وَاللَّفْظُ لِمُحَمَّدٍ - عَنِ ابْنِ الْقَاسِمِ، عَنْ مَالِكٍ، عَنْ حُمَيْدٍ الطَّوِيلِ، عَنْ أَنَسِ بْنِ مَالِكٍ، أَنَّ عَبْدَ الرَّحْمَنِ بْنَ عَوْفٍ، جَاءَ إِلَى النَّبِيِّ صلى الله عليه وسلم وَبِهِ أَثَرُ الصُّفْرَةِ فَسَأَلَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم فَأَخْبَرَهُ أَنَّهُ تَزَوَّجَ امْرَأَةً مِنَ الأَنْصَارِ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " كَمْ سُقْتَ إِلَيْهَا " . قَالَ زِنَةَ نَوَاةٍ مِنْ ذَهَبٍ . قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " أَوْلِمْ وَلَوْ بِشَاةٍ " .
It was narrated from Anas bin Malik that 'Abdur-Rahman bin 'Awf came to the Prophet with traces of yellow perfume on him. The Messenger of Allah asked him (about that) and he told him that he had married a woman from among the Ansar. The Messenger of Allah said:
"How much did you give her?" He said: "A Nawah (five Dirhams) of gold." The Messenger of Allah said: "Give a Walimah (wedding feast) even if it is with one sheep."
"The Messenger of Allah saw me looking cheerful as I had just got married." I said: "I have gotten married to a woman of the Ansar." He said: "How much did you give her as a dowry?" He said: "A Nawah (five Dirhams) of gold."
"The Messenger of Allah said: 'Whatever is given as a dowry, or gift or is promised her before the marriage belongs to her. Whatever is given after the marriage belongs to the one to whom it was given. And the most deserving for which a (man) is to be honored is (when marrying off) his daughter or sister.'" This is the wording of 'Abdullah (one of the narrators).
"A man was brought to 'Abdullah who had married a woman without naming a dowry for her, then he died before consummating the marriage with her. 'Abdullah said: 'Ask whether they can find any report about that.' They said: 'O Abu 'Abdur-Rahman, we cannot find any report about that.' He said: 'I will say what I think, and if it is correct then it is from Allah. She should have a dowry like that of her peers and no less, with no injustice, and she may inherit from him, and she has to observe the 'Iddah.' A man from Ashja' stood up and said: "The Messenger of Allah passed a similar judgment among us concerning a woman called Birwa' bint Washiq. She married a man who died before consummating the marriage with her, and the Messenger of Allah ruled that she should be given a dowry like that of her peers, and she could inherit, and she had to observe the 'Iddah.' 'Abdullah raised his hands and said the Takbir."
It was narrated from 'Abdullah that a woman was brought to him who had married a man then he had died without naming any dowry for her and without consummating the marriage with her. They kept coming to him for nearly a month, and he did not issue any ruling to them. Then he said:
"I think that she should have a dowry like that of her peers no less, with no injustice and she may inherit from him and she has to observe the 'Iddah." Ma'qil bin Sinan Al-Ashja'i testified: "The Messenger of Allah passed a similar judgment concerning Birwa' bint Washiq."
It was narrated that 'Abdullah said, concerning a man who married a woman, then died before consummating the marriage with her, and without naming a dowry:
"She should have the dowry, and she has to observe the 'Iddah, and she may inherit." Ma'qil bin Sinan said: "I heard the Prophet pass the same judgment concerning Birwa' bint Washiq."
It was narrated from 'Abdullah that some people came to him and said:
"A man among us married a woman, but he did not name a dowry for her, and he did not have intercourse with her before he died." 'Abdullah said: 'Since I left the Messenger of Allah I have never been asked a more difficult question than this. Go to someone else.' They kept coming to him for a month, then at the end of that they said: 'Who shall we ask if we do not ask you? You are one of the most prominent Companions of Muhammad in this land and we cannot find anyone else.' He said: 'I will say what I think, and if it is correct then it is from Allah alone, with no partner, and if it is wrong then it is from me and from the Shaitan, and Allah and His Messenger have nothing to do with it. I think she should be given a dowry like that of her peers and no less, with no injustice, and she may inherit from him, and she has to observe the 'Iddah, four months and ten days.'" He said: "And that was heard by some people from Ashja', who stood up and said: 'We bear witness that you have passed the same judgment as the Messenger of Allah did concerning a woman from among us who was called Birwa' bint Washiq.'" He said: "Abdullah was never seen looking so happy as he did on that day, except with having accepted Islam."
Chapter 69: A Woman Giving Herself In Marriage To A Man With No Dowry - كتاب النكاح
أَخْبَرَنَا هَارُونُ بْنُ عَبْدِ اللَّهِ، قَالَ حَدَّثَنَا مَعْنٌ، قَالَ حَدَّثَنَا مَالِكٌ، عَنْ أَبِي حَازِمٍ، عَنْ سَهْلِ بْنِ سَعْدٍ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم جَاءَتْهُ امْرَأَةٌ فَقَالَتْ يَا رَسُولَ اللَّهِ إِنِّي قَدْ وَهَبْتُ نَفْسِي لَكَ . فَقَامَتْ قِيَامًا طَوِيلاً فَقَامَ رَجُلٌ فَقَالَ زَوِّجْنِيهَا إِنْ لَمْ يَكُنْ لَكَ بِهَا حَاجَةٌ . قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " هَلْ عِنْدَكَ شَىْءٌ " . قَالَ مَا أَجِدُ شَيْئًا . قَالَ " الْتَمِسْ وَلَوْ خَاتَمًا مِنْ حَدِيدٍ " . فَالْتَمَسَ فَلَمْ يَجِدْ شَيْئًا فَقَالَ لَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم " هَلْ مَعَكَ مِنَ الْقُرْآنِ شَىْءٌ " . قَالَ نَعَمْ سُورَةُ كَذَا وَسُورَةُ كَذَا . لِسُوَرٍ سَمَّاهَا . قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " قَدْ زَوَّجْتُكَهَا عَلَى مَا مَعَكَ مِنَ الْقُرْآنِ " .
It was narrated from Sahl bin Sa'd that a woman came to the Messenger of Allah and said:
"O Messenger of Allah, I give myself in marriage to you." She stood for a long time, then a man stood up and said: "Marry her to me if you do not want to marry her." The Messenger of Allah said: "Do you have anything?" He said: "I cannot find anything." He said: "Look (for something), even if it is only an iron ring." So he looked but he could not find anything. The Messenger of Allah said to him: "Have you (memorized) anything of the Qur'an?" He said: "Yes, Surah such and such and Surah such and such," naming them. The Messenger of Allah said: "I marry her to you for what you know of the Qur'an."
It was narrated from An-Nu'man bin Bashir that a man called 'Abdur-Rahman bin Hunain or Yunbaz Qurqur had intercourse with his wife's slave woman, and it was brought to An-Nu'man bin Bashir. He said:
"I will pass the same judgment concerning her as the Messenger of Allah did. If she let you do that, I will flog you, but if she did not let you do that, I will stone you (to death)." She had let him do that so he flogged him with one hundred stripes. (One of the narrators) Qatadah said: "I wrote to Habib bin Salim and he wrote back to me with this information."
It was narrated that Salamah bin Al-Muhabbaq said:
"The Prophet passed judgment concerning a man who had intercourse with his wife's slave woman: 'If he forced her, then she is free, and he has to give her mistress a similar slave as a replacement; if she obeyed him in that, then she belongs to him, and he has to give her mistress a similar slave as a replacement.'"
It was narrated from Salamah bin Al-Muhabbaq that a man had intercourse with a slave woman belonging to his wife, and was brought to the Messenger of Allah. He said:
"If he forced her, then she is free at his expense and he has to give her mistress a similar slave as a replacement. If she obeyed him in that, then she belongs to her mistress, and he has to give her mistress a similar slave as well."
It was narrated from Al-Hasan and 'Abdullah, the sons of Muhammad, from their father, that 'Ali heard that a man did not see anything wrong with Mut'ah (temporary marriage). He said:
"You are confused, the Messenger of Allah forbade it, and the meat of domestic donkeys on the day of Khaibar."
It was narrated from 'Abdullah and Al-Hasan, the sons of Muhammad bin 'Ali, from their father, from 'Ali bin Abi Talib, that the Messenger of Allah on the Day of Khaibar forbade temporary marriage to women, and (he also forbade) the meat of tame donkeys.
Malik bin Anas narrated that Ibn Shihab told him that 'Abdullah and Al-Hasan, the sons of Muhammad bin 'Ali, told him, that their father Muhammad bin 'Ali told them, that 'Ali bin Abi Talib, may Allah be pleased with him, said:
"The Messenger of Allah on the Day of Khaibar forbade temporary marriage to women." (One of the narrators) Ibn Al-Muthanna said: "The Day of Hunain." He said: "This is what 'Abdul-Wahhab narrated to us from his book."
It was narrated from Ar-Rabi' bin Sabrah Al-Juhani that his father said:
"The Messenger of Allah gave permission for Mut'ah, so I and another man went to a woman from Bani 'Amir and offered ourselves to her (for Mut'ah). She said: 'What will you give me?' I said: 'My Rida' (upper garment).' My companion also said: 'My Rida'.' My companion's Rida' was finer than mine, but I was younger than him. When she looked at my companion's Rida' she liked it, but when she looked at me, she liked me. Then she said: 'You and your Rida' are sufficient for me.' I stayed with her for three (days), then the Messenger of Allah said: 'Whoever has any of these women whom he married temporarily should let them go.'"