that is because you didn't ask the question properly and you did not give any of that information earlier. asking the proper question is half the knowledge, as the wise men have said. the first question was a request to a link to a reliable explanation, which abulhasnayn promptly replied. but then, you were unsatisfied and said: 'can anyone help'. how can you expect anyone to read your mind? only now, you are saying that it was because: a number of questions arise on this 'reason' itself. - is it just curiosity to know, or whether there is another problem with it? - is there any aqidah or fiqh issue hinging on the former or the latter position? - what are the consequences in the event only position 1 is true? - what are the consequences in the event only position 2 is true? - are both positions mutually exclusive (such as if 1 is true 2 SHOULD be false or vice-versa) - if they are contradictory and both ought to be true (proven from other sources) then how to reconcile them? - does any heretical group use this for their own argument? (which spawns many further questions such as what is the validity of their claim, whether that claim is refuted by other sources and so on..) - does this appear contradictory (to the questioner at least; and then he would have to explain why he considers it contradictory). - what do you mean when you say: pre-nuptial agreement? is it the standard 'khutbah' or 'katab al-kitab' 'asking for hand' or 'betrothal' or 'engagement' or a post-modern meaning of pre-nup? - 'heard' from where? common man, scholar, reference from book, speaker, etc.? - is this the main issue then: 'was there an agreement prior to marriage or not?' - this is entirely different to your stated reason for asking cited further above. [agreed that in your post this para is first and the reason comes next. but i do not understand how this led you to ask the other questions. just curious, i cannot make the connection.] think about it. see there are a number of issues with this event as ibn Hajar explains a number of aspects - concerning narrators, about a sword, and so forth. unless you have a specific and well-formed question, lamenting that you didn't get an answer is not the answer. ---- when the question was first asked, i looked up the following hadith [some are partial narrations, but related] in bukhari related to this issue. [the first is bukhari; after colon ref from fat'H al-bari that i use] 926 : 3/199 3110: 7/371 3729: 8/442 3767: 8/474 5230: 11/679 5278: 12/97 so i was wondering what could be the problem behind the question (problem as in 'something that needs a solution'); in the meanwhile abul hasanayn answered, which i thought was good enough - but apparently it is not. feel free to look up all the above and if there is anything specific still, you can ask. not that i claim to have ALL the answers, but we can try. wa billahi't tawfiq.
Brother Abul Hasnayn, you haven't read what i wrote about the pre-nup properly. I said a pre-nup was obviously incorrect
We have presented our proof of our version , have you found any proof (excluding hearsay)of the prenup?
@abu Hasan I recently heard that Mowla Ali رضي الله ﺗﻌﺎﻟﯽٰ عنه was prohibited from having a second wife by the Prophet صلى الله عليه وسلم as he had entered into a pre-nuptial agreement. This is obviously incorrect as Mowla Ali رضي الله ﺗﻌﺎﻟﯽٰ عنه wouldn't have intended to marry a second wife as quoted in (both) the hadith if that had been the case. The reason I wanted an explanation of the hadith from a reputable scholar was to determine whether the refusal of the Prophet صلى الله عليه وسلم was because the Prophet صلى الله عليه وسلم didn't want to see Bibi Fatima رضي الله ﺗﻌﺎﻟﯽٰعنها upset or whether the reason was as expressly stated in the hadith that "the daughter of Allah's Apostle and the daughter of Allah's enemy cannot be the wives of one man" or both reasons? I am still none the wiser.
no there isn't any. but after brother abul-hasnayn answered, you were still asking: i thought you were not satisfied with that answer and were looking for a solution to a specific problem. hence the question. anyway, is your problem solved?
If he does agree to that his only default would be that he has broken a promise and the marriage would be in tact. Unless he states that if that happens it would count as a talaaq issued from him. Consider the following incident: Imam She’raani (rehmatullah alaihi) explains that, “When the Islamic verdict, (Fatawah) of the great Saint ( Shaykh Abdul Qadr Jaylani) was placed in front of the Ulama of Iraq, they became extremely amazed at his vast ocean of knowledge. They used to also declare, “Glory be to Allah (azza wa jall) who has blessed you such knowledge.” (Tabqaat-e-Kubra). Once a person took an oath that if he could not perform such a special form of Ibaadah which no one in the world was performing at that moment, then his wife would be given a divorce. The Ulama could not answer this and when this was brought to the attention of the great Saint, he calmly replied, “Clear the area where the people make tawaf around the Kaba and allow this person to make tawaf alone. In this manner, his marriage would be saved and his oath would be fulfilled”. (Akhbaarul Akhyaar) https://musjidulhaq.com/2016/01/31/third-manqabat-of-alahazrat-in-praise-of-ghaus-pak/
Using this hadith as evidence..... can a wife issue a contract before marriage to her husband, restricting him to marry more than 1 wife?
here is another version of the same hadith: Narrated Al-Miswar bin Makhrama: I heard Allah's Messenger (ﷺ) who was on the pulpit, saying, "Banu Hisham bin Al-Mughira have requested me to allow them to marry their daughter to `Ali bin Abu Talib, but I don't give permission, and will not give permission unless `Ali bin Abi Talib divorces my daughter in order to marry their daughter, because Fatima is a part of my body, and I hate what she hates to see, and what hurts her, hurts me." حَدَّثَنَا قُتَيْبَةُ، حَدَّثَنَا اللَّيْثُ، عَنِ ابْنِ أَبِي مُلَيْكَةَ، عَنِ الْمِسْوَرِ بْنِ مَخْرَمَةَ، قَالَ سَمِعْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ وَهْوَ عَلَى الْمِنْبَرِ " إِنَّ بَنِي هِشَامِ بْنِ الْمُغِيرَةِ اسْتَأْذَنُوا فِي أَنْ يُنْكِحُوا ابْنَتَهُمْ عَلِيَّ بْنَ أَبِي طَالِبٍ فَلاَ آذَنُ، ثُمَّ لاَ آذَنُ، ثُمَّ لاَ آذَنُ، إِلاَّ أَنْ يُرِيدَ ابْنُ أَبِي طَالِبٍ أَنْ يُطَلِّقَ ابْنَتِي وَيَنْكِحَ ابْنَتَهُمْ، فَإِنَّمَا هِيَ بَضْعَةٌ مِنِّي، يُرِيبُنِي مَا أَرَابَهَا وَيُؤْذِينِي مَا آذَاهَا ". هَكَذَا قَالَ. Reference : Sahih al-Bukhari 5230 In-book reference : Book 67, Hadith 163 USC-MSA web (English) reference : Vol. 7, Book 62, Hadith 157 (deprecated numbering scheme) It is well known and accepted Sayidina Ali Karammallahu wajhul Kareem had no additional wives during her lifetime now we know the reason. Allamah Saeedi Saheb AlayhiRahma had no further information in his Sharah. Please clarify what help you require?
In Sha Alllah Azzawajal we will look up what Allamah Ghulam Rasul Saeedi AlayhiRahma had to say in his Sharah of Bukhari Shareef if there is more helpful information we will translate it.
http://ashraf786.proboards.com/thread/12547/hazrat-ali-wanting-second-wife Assalamu 'Alaykum wa Rahmatullahi wa Barakatuhu Hazrath Ali (May Allah Be Well Pleased With Him) Wanting To Take A Second Wife It is reported in Sahih Al-Bukhari Hadith 5.76 and the Hadith is narrated by al Miswar bin Makhrama (may Allah be well pleased with him) Hazrath Ali asked for the hand of the daughter of Abu Jahl. Bibi Fatimah (may Allah be well pleased with her) heard of this and went to Allah's Apostle protesting. She said that the Muslims say that the Noble Prophet (Salla Allahu ta'ala 'alayhi wa Sallam) (sallallahu alaihi wa sallam) does not become angry for the sake of his daughters. She wanted him to take action so she expressed her grief at the news that Hazrath Ali is going to marry the daughter of Abu Jahl as another wife. On hearing what Fatimah said the Noble Prophet (Salla Allahu ta'ala 'alayhi wa Sallam) (sallallahu alaihi wa sallam) said that Fatimah is a part of him and he hates to see her being troubled. He said, “By Allah, the daughter of Allah's Apostle and the daughter of Allah's enemy cannot be the wives of one man." He thereby forbade Ali (may Allah be well pleased with him) from taking another wife whilst Fatimah (may Allah be well pleased with her) was alive. Hazrath Ali (radiallahu anhu) could have protested citing the Qur’aanic verse of Sura 4 an-Nisaa: Verse 3 that a man is allowed four wives : Marry women of your choice, two, or three, or four But Hazrath Ali is the father of Tassawuf and the door to the City of Love. He knew the authority of the Noble Prophet (Salla Allahu ta'ala 'alayhi wa Sallam) (Peace be upon him and his family). And he had understood the verse in Sura 4 an-Nisaa: Verse 80 He, who obeys the Messenger has obeyed Allah Only Rasulallah (sallallahu alaihi wa sallam) has the authority to not allow a man to have more than one wife. Read more: http://ashraf786.proboards.com/thread/12547/hazrat-ali-wanting-second-wife#ixzz40J3UM7w5
Can anyone please provide a link to a reliable explanation (or explain) the above mentioned hadith about Mowla Ali رضي الله ﺗﻌﺎﻟﯽٰ عنه wanting to marry another wife while still married to Bibi Fatima رضي الله ﺗﻌﺎﻟﯽٰعنها. The hadith is narrated by Narrated by Al Miswar bin Makhrama.