in ihram, based on what he knew. This explanation is strong, clear, and free of difficulty.
As for the second response—namely, that it was an exclusive allowance—the Prophet, peace and blessings be upon him, was uniquely permitted to marry while in ihram, because he had greater control than anyone over his sexual desire. Others, if they were to marry while in ihram, might be prompted by themselves and the intensity of their desire to have intimate relations with their wives, and perhaps even to have intercourse with them. The Prophet, peace and blessings be upon him, had a number of exclusive rulings concerning marriage.
Is interpreting it as an exclusive allowance something so unusual that we should not accept it, or should we accept it?
The answer is that it is not unusual.
However, when interpreting something as an exclusive allowance conflicts with weighing the evidence, which takes precedence?
The answer is that weighing the evidence takes precedence, because the basic principle is that no exclusive ruling is assumed.
Therefore, the approach of weighing the evidence is preferable: the Prophet, peace and blessings be upon him, married Maymunah while he was not in ihram.
His statement, “is not valid”: the pronoun in “is not valid” refers to the marriage contract. That is, if a marriage contract is concluded for a woman in ihram with a man who is not in ihram, the marriage is invalid; if it is concluded for a man in ihram with a woman who is not in ihram, the marriage is invalid; and if it is concluded for a man who is not in ihram with a woman who is not in ihram, but the guardian is in ihram, the marriage is invalid.
This is because the prohibition pertains to the marriage contract itself. Whatever has been prohibited in itself cannot be deemed valid, for if we were to validate something prohibited in itself, that would constitute opposition to Allah and His Messenger, peace and blessings be upon him. What the Lawgiver prohibits is something that He intends the Muslim community to refrain from; therefore, allowing it to stand would be contrary to Allah and His Messenger.