4 - Chapter: A Woman Giving a Gift Without Her Husband's Permission

3756 - Muhammad ibn Mu'ammar informed us, saying: Habbān narrated to us, saying: Hammād ibn Salamah narrated to us. (1) And Ibrāhīm ibn Yūnus ibn Muhammad informed me, saying: My father narrated to us, saying: Hammād ibn Salamah narrated to us, from Dāwūd — who is Ibn Abī Hind — and Habīb al-Mu'allim, from 'Amr ibn Shu'ayb, from his father, from his grandfather, that the Messenger of Allah, peace and blessings be upon him, said: "It is not permissible for a woman to give a gift from her wealth if her husband holds authority over her." The wording is that of Muhammad. (2)

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= Abū al-Hasan al-Basrī, and al-Zuhrī: he is Muhammad ibn Muslim ibn Shihāb, and Sulaymān ibn Hishām who asked the jurists about al-'Umrā: he is Ibn 'Abd al-Malik, and the hadith is in "Al-Sunan al-Kubrā" under numbers (6552–6555).

And the hadith of al-'Umrā in this story came as mursal from Shurayh, and as maqtū' from al-Hasan, and as connected from Abū Hurayrah and Jābir, may Allah be pleased with them both.

And Ishāq ibn Rāhawayh narrated it in full in his "Musnad" (108–110, Musnad of Abū Hurayrah) from Mu'ādh ibn Hishām, with this chain of transmission.

And see "Musannaf" of 'Abd al-Razzāq (16880–16883), and "Al-Sunan al-Kubrā" of al-Bayhaqī 6/174.

And it preceded earlier via the route of Qatādah, from al-Nadr ibn Anas, from Bashīr ibn Nahīk, from Abū Hurayrah, and it also preceded via the route of Qatādah, from 'Atā', from Jābir under number (3729), and both are in the two Sahīhs.

Al-Sindī said: His statement: "When it is given as 'umrā to him and to his descendants after him" — "u'mira" is in the passive voice, and "his descendants" is in the accusative for accompaniment, and it is not valid to raise it in the nominative by coordinating with the implied pronoun in "u'mira" due to the lack of emphasis and separation. "So when he does not make his descendants" — i.e., standing in the place of the one to whom the 'umrā was given — "it belongs to the one who makes" — i.e., to the maker, meaning the giver. "His condition" — in the nominative, as the subject of "was." "They do not judge by this" — i.e., by this absolute formulation, but rather they take according to the restriction. "He judged by it" — i.e., by the 'umrā in its absolute sense.

(1) The letter (ح) (the symbol of transmission) is not found in (ر) and (م).
(2) Both of its chains of transmission are good; Ibrāhīm ibn Yūnus ibn Muhammad, and Shu'ayb — who is Ibn Muhammad ibn 'Abd Allah — and Habīb al-Mu'allim, each of them is trustworthy, and the rest of its narrators are reliable. Muhammad ibn Mu'ammar: he is al-Bahrānī.