Slander: Who makes marriage contract with his hand

[هشيم]

The Prophet of Islam says: and he who makes matrimony contract with his hand; i.e. married to his hand.


I read and heard of a very ridiculous slander of one of them saying:
O Muslims, making a matrimony contract is not marriage as you describe because there are hadiths contains expression “makes matrimony contract with his hand”, does that mean the mad marries his hand…?!
For this he referred to what is written in “ Treasure of the Worker in Statements and Deeds’ Sunana” numbered 44363 reported from Ali (May Allah be pleased with him) “Harith reported from Ali saying: Allah’s Apostle (Allah’s blessings and peace be upon him) said: Seven kinds of people Allah will not look at them and speak with them, they are told: Enter the Fire with those who enter, unless they repent, unless they repent, unless they repent: is the doer (subject), object, who makes matrimony contract with his hand, who marries his neighbour’s wife, the insolent liar, who worsens hardship and who beats his parents so much that they cry for help.” Ibn jarir said: it is not heard from the Prophet (Allah’s blessings and peace be upon him) only this narration by Ali, there is no other reports from Ali except for this, but its meanings are the same meanings reported from the Prophet (Allah’s blessings and peace be upon him) which has report containing phrases different from these.

[هشيم]

Refuting this slander

First:

Making matrimony contract means marriage, as some linguists said: it means sexual intercourse which is marriage…. The word (Nikah, making matrimony contract) has two meanings (marriage) and (sexual intercourse) and concerning the word (Nikah, making matrimony contract) In the Holy Quran it only gives the meaning of marriage..
In the light of the foregoing the (Nikah, making matrimony contract) has two meanings according to its linguistics and legal definition:
Nikah in linguistics:
Gives the meaning of (matrimony contract), also (sexual intercourse with wife), Abu Ali Alqali said: “Arabs clearly distinguishes between the contract and the intercourse. If the said: He married that girl or the daughter of that man they mean the marriage contract, and if the said: he married his wife or his woman they mean only the sexual intercourse”


Nikah in legal context:

“A contract between man and woman the aim is each one gains pleasure from the other, and arranging a good family and a perfect society”.

The foregoing is backed by what is written in the book “Arab language Dictionary” when it is written:
Nakaha (نكح): that man get married to a woman, married her through a marriage contract, if he married her

And Al Ahsha said about (nakaha) that it means married:
Never get near to neighbour her secrets….. you are prohibited from, either marry or go away
And when said (و أنكحه المرأة) it means he got married to her. And () : married to her and the noun is (Nakah and Nikah النَّكح والنِّكح)

And during the pre-Islamic era man used to go to a county’s association and would say (خطبٌ ) suitor (i.e. I am here to ask for the hand of) and they would answer him married (نكحٌ): (i.e. we married her to you).

[هشيم]

Second:

This disputable hadith is not confirmed to be reported from the Prophet (Allah’s peace and blessings be upon him), and we the Muslims do not recognize it; the evidence for this is as follows:
1-What is written in the same hadith: Ibn jarir said: it is not heard from the Prophet (Allah’s blessings and peace be upon him) only this narration by Ali, there is no other reports from Ali except for this, but its meanings are the same meanings reported from the Prophet (Allah’s blessings and peace be upon him) which has report containing phrases different from these”.


2-Sheikh Albani’s book “The Weak and Fabricated Series” number 319 (weak).
From the foregoing we discover how much the slander is trivial, and weak…. By virtue of Allah-