The Prohibition of Marrying as a Muhrim

Another Case of Muhammads Inconsistency Sam Shamoun According to the Islamic tradition Muhammad purportedly prohibited a Muslim from marrying and/or proposing marriage either for himself or someone else during ihram. Ihram refers to the state of ritual purity and dedication entered into by the pilgrim to Mecca; it also refers to the special clothing worn for the hajj. Here are the traditions: Chapter 5: MUHRIM !"# $H! I% I" TH# %TAT# !& IHRAM' I% &!R(I))#" T! MARR* A") TH# )I%APPR!+A, !& -I+I"- TH# PR!P!%A, I" THI% %TAT#' ubaih b. !ahb reported that "#mar b. #baidullah intended to marry $alha b. "#mar with the daughter of Shaiba b. %ubair; so he sent a messenger to Aban b. #thman to attend the marriage& and he was at that time the Amir of Hajj. Aban said: I heard "#thman b. "Affan say that Allah"s Messenger 'may peace be upon him( had stated: A Muhrim must neither marry himself& nor arrange the marriage of another one& nor should he ma)e the proposal of marriage. 'Sahih Muslim& *oo) ++,& umber -./,( #thman b. "Affan reported that Allah"s Messenger 'may peace be upon him( had said: A Muhrim should neither marry himself& nor should he become married to anyone& nor should he ma)e the proposal of marriage. 'Sahih Muslim& *oo) ++,& umber -.,+( abaih b. !ahb reported that #mar b. "#baidullah b. Ma"mar intended to marry his son $alha with the daughter of Shaiba b. %ubair during the 0ilgrimage. Aban b. #thman was at that time the Amir of 0ilgrims. So he '"#mar b. #baidullah( sent someone 'as a messenger( to Aban saying: I intend to marry $alha b. "#mar and I earnestly desire you to be present there 'in this ceremony of marriage(. Aban said to him: I find you a bloc)1headed "Ira2i. I heard "#thman b. "Affan say that Allah"s Messenger 'may peace be upon him( said: A Muhrim should not marry. 'Sahih Muslim& *oo) ++,& umber -.,.( %ection: Marriage in Ihram 3ahya related to me from Mali)& from afi& from ubayh ibn !ahb& who was from the tribe of *ani Abd ad14ar& that #mar ibn #baydullah sent a message to Aban ibn #thman 'who was amir of the hajj at the time(& while both of them were in ihram& saying& 5I want to marry *int Shayba ibn %ubayr to $alha ibn #mar and I want you to be present.5 Aban told him that he should not do that and said& 5I heard #thman ibn Affan say that the Messenger of Allah& may Allah bless him and grant him peace& said& "A man in ihram should not marry& or gi6e in marriage& or get betrothed."5 'Maliks Muwatta& *oo) .+& umber .+..+./7( 3ahya related to me from Mali)& from 4a"ud ibn al1Husayn& that Abu 8hatafan ibn $arif al1 Murri told him that his father $arif had married a woman while he was in ihram& and #mar ibn al19hattab had rescinded the marriage. 'Maliks Muwatta& *oo) .+& umber .+..+./.(

3ahya related to me from Mali)& from afi& that Abdullah ibn #mar used to say& 5Someone in ihram may neither get married& nor arrange a marriage for himself or others.5 ' Maliks Muwatta& *oo) .+& umber .+..+./-( Muhammad failed to li6e by his own rules since he accepted a proposal of marriage and married a woman during this state of ihram: : Maymuna or *arra as she was then called& yearned to marry the 0rophet. She went to her sister& #mm al ;adl to tal) to her about that and she& in turn& spo)e to her husband& al1Abbas. Al1Abbas immediately went to the Messenger 'peace and blessings of Allah be upon him( with Maymuna"s offer of marriage to him and her proposal was accepted:. 'Source( arrated Ibn Abbas: $he 0rophet married Maimuna while he was in the state of lhram but he consummated that marriage after finishing that state. Maimuna died at Saraf 'i.e. a place near Mecca(. Ibn "Abbas added& $he 0rophet married Maimuna during the "#mrat1al1<ada" 'i.e. the "#mra performed in lieu of the "#mra which the 0rophet could not perform because the pagans& pre6ented him to perform that "#mra( 'Sahih al-Bukhari& =olume >& *oo) >?& umber >>?( arrated Ibn "Abbas: $he 0rophet got married while he was in the state of Ihram. ' Sahih al-Bukhari& =olume /& *oo) @.& umber A?( Ibn "Abbas 'Allah be pleased with them( reported: Allah"s Messenger 'may peace be upon him( married Maimuna while he was a Muhrim. 'Sahih Muslim& *oo) ++,& umber -.,A( Bther traditions were not 2uite certain whether Muhammad actually married her during this state: Ibn Abbas 'Allah be pleased with them( reported that Allah"s Apostle 'may peace be upon him( married Maimuna in the state of Ihram. Ibn umair made this addition: 5I narrated it to Cuhri and he said: 3aDid b. al1Asamm 'Allah be pleased with him( told me that he 'the Holy 0rophet( married her when he was not a muhrim.5 'Sahih Muslim& *oo) ++,& umber -.,-( 3aDid ibn al1Asamm reported: Maimuna daughter of al1Harith narrated to me that Allah"s Messenger 'peace be upon him( married her and he was not in the state of Ihram. And she 'Maymunah( was my mother"s sister and that of Ibn Abbas 'Allah be pleased with them(. 'Sahih Muslim& *oo) ++,& umber -.,>( 3ahya related to me from Mali)& from Eabia ibn Abi Abd ar1Eahman& from Sulayman ibn 3asar& that the Messenger of Allah& may Allah bless him and grant him peace& sent Abu Eafi and a man of the Ansar to arrange his marriage to Maymuna bint al1Harith& and the Messenger of Allah& may Allah bless him and grant him peace& was in Madina before he had left for umra. 'Maliks Muwatta& *oo) .+& umber .+..+./+( $he renowned Muslim historian and commentator al1$abari pro6ides an eFplanation why Muhammad consummated his marriage with Maimuna in Saraf& after ha6ing left Mecca:

According to Ibn Humayd G Salamah G Ibn Isha2& who said: !hen the Messenger of 8od returned to Medina from 9haybar& he stayed there months of EabiH I& EabiH II& %umada I& %umada II& Eajab& ShaHban& Eamadan& and Shawwal& sending out eFpeditions and raiding parties during the period. $hen in 4hu al1<aHdah& the month in which the polytheists had turned him bac) Iin the pre6ious yearJ& he set out to perform the .,esser Pi/grimage of &u/fi//ment. in p/ace of the /esser pi/grimage 0hich they had turned him bac1 . $he Muslims who had been with him on that lesser pilgrimage of his set out with him. It was the year /. !hen the people of Mecca heard of it& they made way for him. $he <uraysh spo)e among themsel6es of how Muhammad and his companions were in difficulty& distress and want: According to Ibn Humayd G Salamah G Muhammad b. Isha2 G Aban b. Salih and HAbdallah b. Abi ajih G HAtaK b. Abi Eabah and Mujahid G Ibn HAbbas: The Messenger of -od married Maymunah bt2 A/3Harith on this 4ourney 0hi/e he 0as in a state of ritua/ purity; al1HAbbas b. HAbd al1Muttalib married her to him. According to Ibn Isha2: $he Messenger of 8od stayed in Mecca three nights. Bn the third day& Huwaytib b. HAbd al1H#DDa b. Abi <ays b. HAbd !udd b. asr b. Mali) b. Hisl came to him with a group of <uraysh: <uraysh had deputed Huwaytib to ma1e the Messenger of -od /ea5e Mecca2 They said to him6 .*our a//otted time is up7 so depart from us8 5 $he Messenger of 8od said to them: 5How would it harm you if you left me and I ce/ebrated the 0edding feast among you9 $e 0ou/d prepare food for you6 and you 0ou/d attend it2. They said6 .$e do not need your food7 so depart from us8. The Messenger of -od departed lea6ing behind Abu EafiH his mawla to ta)e charge of Maymunah. Abu EafiH brought her to him at Sarif& and the Messenger of 8od consummated his marriage with her there: 'The History of al-Tabari: The Victory of Islam & translated by Michael ;ishbein IState #ni6ersity of ew 3or) 0ress 'S# 3(& Albany 7??/J& =olume =III ',(& pp. 7--17-A& 7-@17-/; bold and underline emphasis ours( And: $he 0rophet married Maymunah in Sarif Ia placeJ ten miles from Mecca. She was the last woman he married& in the year //@.,& during the /esser pi/grimage of the Consummation umrat al-qadiyyah'. 'The History of al-Tabari: Biographies of the Prophets ompa!io!s a!" Their Successors& translated by Llla Mandau1$asseron IState #ni6ersity of ew 3or) 0ress 'S# 3(& Albany 7??,J& =olume NNNIN '-?(& p 7,>17,@; bold and underline emphasis ours( Hence& the proposal too) place during ihram& Muhammad accepted the proposal during ihram& and he had e6ery intention of consummating the marriage already during the pilgrimage and in Mecca itself& but was pre6ented from doing so by the pagans who forced him to lea6e. 3et these contradictory statements of the hadith literature led to conflicting opinions among Muslim scholars: Contracting a Marriage6 or Acting on (eha/f of !thers6 or Acting as a -uardian for %omeone

Such a marriage contract is in6alid& null and 6oid& and is not binding as reported in a hadith transmitted by Muslim and others. It is reported that "#thman ibn "Affan said: $he 0rophet 'peace be upon him( said: 5A muhrim must not contract marriage& nor help others contract marriage& nor get engaged for marriage.5 Mali)& Ash1Shafi"i& Ahmad& and Isha2 are also of the same opinion. $hey hold that it is not permissible for a muhrim to contract a marriage and regard any marriage thus contracted as in6alid. $irmidhi has also reported it but without the words 5nor get engaged for marriage.5 $irmidhi considers this a sound hadith and remar)s that the Oompanions of the 0rophet 'peace be upon him( practiced it. Some of the reports that say the 0rophet 'peace be upon him( 5married Maimunah while he was a muhrim5 are contrary to the report transmitted by Muslim that 5he married her while he was no longer in the state of ihram.5 $irmidhi said: 5$here is disagreement concerning the marriage of the 0rophet 'peace be upon him( to Maimunah& for he married her on his way to Ma))ah. Some said: "He married her before he put on ihram& but the news of his marriage became )nown while he was in the state of ihram. Mater he consummated his marriage with her in Saraf& on the road to Ma))ah& after he was free from the restrictions of ihram." Hanafi scholars& howe6er& hold that a muhrim may contract a marriage& because in the state of ihram what is forbidden is not marriage with a woman& but only the consummation of marriage. Oontracting a marriage is permissible& but intercourse is forbidden. '#i$h us-Su!!a& =olume >& umber >7; AMIM O41Eom =ersion; underline emphasis ours( $he foregoing conflicting statements once again demonstrate the chaotic nature of the Islamic source material. $he 6ery foundational teFts of Islam are simply a compilation of mass confusion and gross contradictions& and trying to ma)e sense out of them becomes an eFercise in futility for the most part. Moreo6er& it seems ob6ious 'at least to us( that the hadiths& which claim that Muhammad didnKt marry Maimuna during ihram& were forged in order to sal6age MuhammadKs reputation. After all& it is highly unli)ely that Muslims would ma)e up a story of Muhammad marrying during ihram when this presents him as someone who acted inconsistently& eFposing him for disregarding his own commands& especially when it was eFpedient for him to do so. A Muslim may raise the objection that this prohibition came later because there was no hajj or umra before that time. $his one was the first time that Muslims were permitted to enter Mecca on pilgrimage& which means that subse2uent pilgrimages would ha6e ta)en place after this time. $hus& Allah couldnKt ha6e forbidden marriages during a state of ritual purity before Muslims started ma)ing trips to Mecca. $he problem with this position is that an all1)nowing deity could ha6e informed Muhammad during his first pilgrimage to Mecca after his migration that contracting marriages with women during this time is absolutely forbidden. At the 6ery least& Allah could ha6e sent down a re6elation shortly after Muhammad desired to marry Maimuna that such a proposal is prohibited& and that he must wait until his period of ritual purity was o6er. After all& didnKt Allah correct and rebu)e Muhammad on other occasions for doing things contrary to the di6ine willP

May Allah forgi6e you 'B Muhammad SA!(. !hy did you grant them lea6e 'for remaining behind& you should ha6e persisted as regards your order to them to proceed on %ihad(& until those who told the truth were seen by you in a clear light& and you had )nown the liarsP S. ?:A- Hilali19han And 'remember( when you said to him 'Caid bin Harithah the freedsla6e of the 0rophet SA!( on whom Allah has bestowed 8race 'by guiding him to Islam( and you 'B Muhammad SA! too( ha6e done fa6our 'by manumitting him( 59eep your wife to yourself& and fear Allah.5 *ut you did hide in yourself 'i.e. what Allah has already made )nown to you that He will gi6e her to you in marriage( that which Allah will ma)e manifest& you did fear the people 'i.e.& Muhammad SA! married the di6orced wife of his manumitted sla6e( whereas Allah had a better right that you should fear Him. So when Caid had accomplished his desire from her 'i.e. di6orced her(& !e ga6e her to you in marriage& so that 'in future( there may be no difficulty to the belie6ers in respect of 'the marriage of( the wi6es of their adopted sons when the latter ha6e no desire to )eep them 'i.e. they ha6e di6orced them(. And Allah"s Oommand must be fulfilled. S. --:-/ Hilali19han If it was the di6ine will for Muslims not to marry or contract marriages during ihram& certainly Allah could ha6e corrected or pre6ented Muhammad from going against this decreeQ