Women are already spoken by another man and has accepted his proposal, it is not justified other men come to propose to her, until the man who first cancel his application or permit anyone else to propose, as stated by Imam Nawawi in Sharh Saheeh Muslim, Cairo, Dar al-Bayan, 1407/1987, vol 3, chapters 9: 197, as well as by Ibn Qudaamah, in Al-Mughni, 10/567.
The proof for this is the hadith of Abu Hurairah, that the Prophet of Allah said:
لا يخطب الرجل على خطبة أخيه ولا يسوم على سوم أخيه
” Do not woo the woman who has spoken for his brother, and do not bid on items that have been bargained brother” (Reported by Muslim, no: 2519)
In the history of Ibn Umar, that he said:
نهى النبي صلى الله عليه وسلم أن يبيع بعضكم على بيع بعض ولا يخطب الرجل على خطبة أخيه حتى يترك الخاطب قبله أو يأذن له الخاطب
“The Holy Prophet has prohibited most of you guys for buying and selling over the buying and selling of his brother. And let someone else propose on the proposal until the suitor before leaving it, or he had been permitted earlier suitor. ” (Bukhari, no: 4746)
However, the scholars differ in interpreting the prohibition in the above hadith, some of them said that the ban shows the prohibition, while others argue that the ban shows Makruh not unlawful. Even Ibn Qasim from schools Malikiyah said: “The purpose of the ban hadiths above, ie if the person applying for a pious woman, then it should not men also propose other pious. As if the first applicant who is not a pious man (wicked), then it is permissible for men are pious to apply for such women. “(( Averroes, Bidayah al Mujtahid, Beirut, Dar al Pole al-Ilmiyah, 1988, cet to – 10 juz: 2/3)
What is the wisdom behind the ban? The lesson is that the first applicant was not disappointed, because the proposal is already receiving are suddenly canceled just because dating other men, and this will potentially hostility, hatred and revenge between one another.
How is legal if the second man insisted to propose to her and marry her?
The scholars were divided on this issue:
First Opinion stated that the man had been adulterous in Allah swt, but the status of a marriage remains valid and should not be canceled. It is the opinion of the majority of scholars.
Second Opinion states that marriage must both be canceled. This is the opinion of David Dhohiriyah schools.
Third Opinions expressed if they have not had sexual intercourse, then the marriage annulled, but if it had had sexual intercourse, it is not canceled. It is the opinion of most of the followers of Imam Malik.
As for Imam Malik himself had a two-story, one declared void, being a history of the other states do not cancel. , ( Averroes, Bidayah al Mujtahid, juz: 2/3)
These two circumstances:
The woman had spoken to another man, but the woman refused the proposal or not yet responded. In the Shafi’i madhhab there are two opinions on this issue, the most correct of the two opinions is is permissible. ( Al Khotib As Syarbini, Mughni al Muhtaj, Beirut, dar al Pole al Ilmiyah, 1994, Cet to – 1, Juz: 4/222 )
The evidence is the hadith of Fatimah bint Qais, who had divorced her husband Abu Amr bin Hafs three times, then he came to the Prophet to complain:
قالت فلما حللت ذكرت له أن معاوية بن أبي سفيان وأبا جهم خطباني فقال رسول الله صلى الله عليه وسلم أما أبو جهم فلا يضع عصاه عن عاتقه وأما معاوية فصعلوك لا مال له انكحي أسامة بن زيد فكرهته ثم قال انكحي أسامة فنكحته فجعل الله فيه خيرا واغتبطت
She (Fatima bint Qais) said: ” After my Iddah finished, I tell it to him (the Prophet) that Mu’awiya bin Abi Sufyan and Abu Al Jahm had proposed to me, then the Messenger of Allah said:” The Abu Jahm are people who do not never leaves his stick on the neck (like hit), while Mu’awiya is poor, no possessions, because it nikahlah with Usamah bin Zaid. ” However I do not like it, he still said: “Nikahlah with Osama.” Then I was married to bin Laden, God has provided an abundance of goodness to him, so I squeeze a happy life with him. (Reported by Muslim, no: 2709)
Said Imam Shafi’i explained above hadith:
وقد أعلمت فاطمة رسول الله صلى الله عليه وسلم أن أبا جهم ومعاوية خطباها ولا أشك إن شاء الله تعالى أن خطبة أحدهما بعد خطبة الآخر فلم ينههما ولا واحدا منهما ولم نعلمه أنها أذنت في واحد منهما فخطبها على اسامة ولم يكن ليخطبها في الحال التي نهى فيها عن الخطبة ولم أعلمه نهى معاوية ولا أبا جهم عما صنعا والأغلب أن أحدهما خطبها بعد الآخر فإذا أذنت المخطوبة في إنكاح رجل بعينه لم يجز خطبتها في تلك الحال
“Fatimah has informed the Prophet that Abu Jahm and Mu’awiya had proposed to her, and I did not hesitate with the permission of Allah that cover one or the other occurs after the application, and the Prophet sawpun not prohibit the second application, and do not forbid one of the two. We also did not get that Fatima has received one of two such applications. Then the Prophet Fatimah apply to bin Laden, and he was not proposing to her in a state that he is forbidden (ie applying for a woman who is already spoken for other people), I also do not get that the Prophet forbade acts Mu’awiyah and Abu Jahm. And most of that happened, that one of the two applied for in advance of the others. However, if the proposed women who have received an application for someone, in such circumstances, other people may not propose to her again “( Al Umm, Beirut, Dar Pole Ilmiyah, 1993, cet – 1: Juz 5/64)
It was corroborated by the history that says that Umar bin Khattab ever applied for a woman to three people: Jarir bin Abdullah, Marwan bin al-Hakam, and Abdullah bin Umar, Umar whereas women do not know the answer at all. This shows the ability to apply for women who are already spoken for others and he has not given the answer. ( Ibn Qudaamah, al-Mughni: 9/568)
These three circumstances:
Women who have not spoken for a clear answer, just that there are signs that he received such applications. Then apply the law of women who already spoken in these circumstances, the scholars have different opinions on it:
First Opinion ; Haraam, as if the woman is already receiving such applications are clear and unequivocal. It is the opinion of Imam Ahmad in one history. The evidence is the generality of the hadith of Ibn ‘Umar who said the ban applied for women who already spoken.
Second Opinion : The law allowed, it is the opinion of Imam Ahmad in history and Shafi’i in qaul jadid (latest opinion). According to the group that in the hadith of Fatimah bint Qais indicate that she (Fatimah) already visible signs of kecenderunganya to one of the two men who proposed to her, but even so Rasululullah saw still melamarkannya for Osama. This showcase.
that, in the hadith does not mention that the Prophet Muhammad asked before melamarkan to Usama, if Fatimah already inclined to one of them or not. This suggests that the ability to apply for a woman in general for not providing answers to the previous application.
Opinions more correct of the two opinions above are those of the first to declare unlawful to apply for women already visible tendency to men who proposed to her, though not expressed in words, because of the tendency to be deemed as approval. And Allaah knows best