The scholars also differed over whether a marriage contract may be concluded for the wider Muslim community by using the formula of gift. Most held that it is not valid unless concluded with the formulas of giving in marriage or marrying, and this was the view of Sa'id ibn al-Musayyib, al-Zuhri, Mujahid, and Ata'. It was also the position of Rabi'ah, Malik, and al-Shafi'i.

Others held that it may be concluded with the formulas of gift and transfer of ownership. This was the view of Ibrahim al-Nakha'i and the scholars of Kufa.

Those who maintained that it is valid only through the formula of giving in marriage or marrying differed concerning the Prophet’s marriage, peace and blessings be upon him. Some held that it could be concluded through the formula of gift, on account of Allah’s saying: “A privilege for you alone, not for the other believers.”

Others held that it could be concluded only through the formula of giving in marriage or marrying, as was the case for the wider Muslim community, based on His saying: “Should the Prophet wish to marry her.” Thus, his exclusive privilege, peace and blessings be upon him, lay in dispensing with the bridal gift, not in the wording of the marriage contract. (1)

They also differed regarding the woman who gave herself to the Messenger of Allah, peace and blessings be upon him: was there among them a woman who was married to him?

Abdullah ibn Abbas and Mujahid said: The Prophet, peace and blessings be upon him, had no wife who had given herself to him. He had no woman except through a marriage contract or through right-hand possession. His saying, “If she gives herself,” was expressed as a conditional statement.

Others said: Rather, he did have a woman who had given herself to him, but they differed over her identity. (2) Al-Sha'bi said: She was Zaynab bint Khuzaymah al-Hilaliyyah, who was known as Umm al-Masakin, “Mother of the Poor.”

Qatadah said: She was Maymunah bint al-Harith.

Ali ibn al-Husayn, al-Dahhak, and Muqatil said: She was Umm Sharik bint Jabir, of Banu Asad.

Urwah ibn al-Zubayr said: She was Khawlah bint Hakim, of Banu Sulaym. (3)

His saying, exalted is He: “We certainly know what We have made obligatory upon them concerning their wives”—that is, what We have required of the believers concerning the rulings governing their wives: that they not marry more than four women, and that they marry only with a guardian, witnesses, and a bridal gift. “And what their right hands possess”—that is, what We have made obligatory regarding the rulings governing right-hand possession—“so that there may be no hardship upon you.” This refers back to the beginning of the verse: We have made lawful for you your wives, those whom your right hand possesses, and the woman who offers herself to you, so that there may be no constraint or difficulty upon you. “And Allah is Ever-Forgiving, Most Merciful.”