The Prophet, peace and blessings be upon him, also forbade shighar (exchange marriage) and mutʿa (temporary marriage).
539 – Accordingly, any contract that involves something the Prophet, peace and blessings be upon him, has prohibited—and which is still outside my ownership—does not stand, for through that unlawful sale I would be acquiring what is forbidden. Whenever no evidence from him differentiates between the various cases, we treat the whole prohibition as one ruling; so we annul such transactions, along with mutʿa and shighar, just as we annulled the two-sales-in-one transaction.
540 – Among the matters that the Messenger of Allah, peace and blessings be upon him, prohibited only in certain circumstances—and from whose Sunnah we learn that the ban is limited to those circumstances—is what Abū Hurayra narrated from him: “None of you may propose marriage over the proposal of his brother.”
541 – Had there been no qualifying evidence from him, this prohibition would have been like the earlier ones: once a man had proposed to a woman, no one else would be permitted to propose to her.
542 – When Fāṭima bt. Qays said, “The Messenger of Allah told me, ‘When your waiting period ends, inform me.’ When it ended, I told him that Muʿāwiya and Abū Jahm had proposed to me. He said, ‘Muʿāwiya is penniless and owns nothing; as for Abū Jahm, he never puts his stick down from his shoulder. Instead, marry Usāma b. Zayd.’ I disliked (that idea), but he repeated, ‘Marry Usāma.’ So I married him, and Allah placed goodness in that union, and I was pleased with him,”—we concluded that the Prophet does not forbid a second proposal except when the woman has already approved the first suitor, so that nothing remains but the contract itself. In that situation, a new proposal would spoil matters for the accepted suitor, for the woman, or for both of them together; indeed, it might ruin their prospects entirely and the marriage would never take place.
543 – Had Fāṭima told him that she had settled on one of the two men, he would—God willing—not have encouraged Usāma to propose. She merely reported the two proposals and sought his counsel, and there was… (to be continued).