Jami' at-Tirmidhi — Hadith #27303

Mahmoud bin Ghaylan narrated to us, Zaid bin Al-Hubab narrated to us, Sufyan narrated to us, on the authority of Mansour, on the authority of Ibrahim, on the authority of Alqamah, on the authority of Ibn Masoud, He was asked about a man who married a woman and did not impose a dowry on her, nor did he have consummated sexual intercourse with her until he died. Ibn Masoud said to her, it is like a dowry. Her wives are free of intercourse or negligence, and she is required to complete the waiting period, and she is entitled to the inheritance. Then Ma’qil ibn Sinan Al-Ashja’i stood up and said, “The Messenger of God, may God’s prayers and peace be upon him, has decided on the matter.” Barwa' bint Washiq, a woman from among us, is like the one you judged. So Ibn Masoud was happy with her. He said, and in the chapter about wounds. Tell us. Al-Hasan bin Ali Al-Khallal, Yazid bin Harun and Abd al-Razzaq told us, both of them on the authority of Sufyan, on the authority of Mansour, and the like. Abu Issa said. The hadith of Ibn Masoud is a hasan and authentic hadith, and it was narrated on his authority, through more than one source. This is acted upon according to some of the scholars among the companions of The Prophet, may God’s prayers and peace be upon him, and others say it, and Al-Thawri, Ahmad, and Ishaq say it. Some of the people of knowledge among the companions of the Prophet, may God’s prayers and peace be upon him, said, among them is Ali bin Abu Talib, Zayd bin Thabit, Ibn Abbas, and Ibn Omar: If a man marries a woman and does not have intercourse with her, nor does he He imposed a dowry on her until he died. They said, “The inheritance is hers, but there is no dowry for her, and she must wait for the waiting period.” This is the opinion of al-Shafi’i. He said, “If the hadith is proven Barwa’ bint Washiq would have been the proof for what was narrated on the authority of the Prophet, may God bless him and grant him peace. It was narrated on the authority of al-Shafi’i that he returned to Egypt after this. He said, according to the hadith of Barwa bint Washiq.