سنن نسائی · Hadith 3362

It was narrated that ‘Alqamah and Al-Aswad said: “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: ‘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 A stood up and said: ‘The Messenger of Allah صلی اللہ علیہ وآلہ وسلم 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 صلی اللہ علیہ وآلہ وسلم 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.” (Sahih) AbtI ‘Abdur-Rahman (An-Nasá’I) said: I do not know anyone who said “Al-Aswad” in this Hadith, other than Za’idah.

Translated by Dr. Muhammad Muhsin Khan · Reviewed by Islamic University of Madinah · Published March 2020