Title: Kitaabun-Nikaah (The Book of Marriage) from Shaikh Saalih al-Fawzaan’s explanation of Buloogh al-Maraam min Adillatil-Ahkaam of Al-Haafidh Ahmad Ibn `Alee Ibn Hajr al-Asqalaanee (Born 773H, Died 852H). Shaikh Al-Fawzaan’s tremendous explanation is entitled Tas-heel al-Ilmaam bi-fiqhil-Ahaadeeth min Bulooghil-Maraam and is printed in seven volumes. The following is a translation of this important and very enlightening chapter, adapted in places for brevity and simplicity. The following is from volume 4, no. 992
Al-Haafidh Ibn Hajr (rahimahullaah) said:
وَعَنْ عُثْمَانَ – رضي الله عنه – قَالَ: قَالَ رَسُولُ اللَّهِ – صلى الله عليه وسلم: «لَا يَنْكِحُ الْمُحْرِمُ, وَلَا يُنْكَحُ – رَوَاهُ مُسْلِمٌ. وَفِي رِوَايَةٍ لَهُ: وَلَا يَخْطُبُ
وَزَادَ ابْنُ حِبَّانَ: «وَلَا يُخْطَبُ عَلَيْهِ
992: Narrated `Uthmān (radiyallaahu ‘anhu): Allaah’s Messenger (salallaahu ‘alaihi wassallam) said:
“The Muhrim may not marry or perform a marriage.” Reported by Muslim. And in a narration from him: “He is not to propose for marriage.” Ibn Hibbān added: “Nor propose one for marriage.”
Muslim (1409), Ibn Hibbān (4124).
Shaikh Saalih al-Fawzaan (hafidhahullaah) said:
This hadeeth also highlights another type of invalid marriage. And that is the marriage contract of the one in ihraam, the one who has made intention of ihraam for hajj or umrah. It is not allowed for him to contract a nikaah for himself or others. The saying of the Prophet (salallaahu ‘alaihi wassallam): “He may not marry..” meaning he himself may not get married. And his saying: “…or perform a marriage…” meaning he is not to marry off someone else so long as he is a muhrim. This is because he is in a state of worship – it is forbidden for him in this state to have sexual relations. And likewise he is prevented from those means that lead to sexual relations: in this case that includes the marriage contract because that is a means.
So this is from the forbiddance of the means – the muhrim is forbidden from sexual relations and forbidden from the means to sexual relations – and that includes the marriage contract. He does not get married himself nor does he facilitate the marriage of another by acting as a guardian or a representative whilst in a state of ihraam. He is not allowed even to propose because it is likewise a means that facilitates sexual relations.
“Nor propose one for marriage.” Meaning, it is not sought from him, so he does not do that himself, and it is not sought from him that he contracts it or marries. It is obligatory upon him and other than him that they withhold from proposal of marriages because he is in a state of worship and is therefore forbidden from these matters.
Therefore, from the violations of the ihraam is the marriage contract, the proposal of marriage and sexual relations. Allaah, the Most High, said: فَمَن فَرَضَ فِيهِنَّ الْحَجَّ فَلَا رَفَثَ : “…so whoever has made Hajj obligatory upon himself therein [by entering the state of ihram], there is [to be for him] no sexual relations…” (Al-Baqarah: 197). And (رَفَثَ) is sexual relations whatever leads to it such as proposing a marriage, contracting a marriage and speech concerning it – this matters are forbidden because they lead to what is forbidden.