Offering (ard) in marriage matters

العَرْض

In the lexicon, ard means showing and disclosing; the jurists use the word in its lexical sense ¹. In marriage, when one of two pagan or Magian spouses converts, or a People-of-the-Book man who married a pagan or Magian woman before consummation converts, the Shafi'is and Hanbalis hold that the separation is immediate and is an annulment (faskh), not a divorce ¹. If the conversion comes after consummation, the Shafi'is and, in one report, Ahmad wait until the waiting period ends: if the other spouse converts before then, the marriage stands; otherwise the separation dates from the difference of religion ¹. The Hanafis offer Islam to the spouse who has not converted and separate them if that spouse refuses, with distinctions for People of the Book and others ². A woman may offer herself to a righteous man, and a father may offer his daughter to one whose goodness he trusts, even if that man is already married ³ ⁴.

Summary

In the lexicon, ard means showing and disclosing, and the jurists use it in that sense ¹.

Offering Islam to a spouse who has not converted

When one of two pagan or Magian spouses converts, or a People-of-the-Book man married to a pagan or Magian woman converts before consummation, the Shafi'is and Hanbalis hold that the separation is immediate and is an annulment, not a divorce ¹. After consummation, the Shafi'is and, in one report, Ahmad wait for the waiting period to end; if the other spouse converts before then, the marriage stands ¹. The Hanafis offer Islam to the spouse who has not converted and separate the couple if that spouse refuses, with distinctions for People of the Book ².

A woman offering herself to a righteous man

A woman may make known her desire for a man for his goodness, knowledge or a quality of piety, and there is no shame in it ³.

A guardian offering his ward to people of goodness

A man may offer his daughter or another ward to someone whose goodness he trusts, even if that man is already married ³. The jurists cite Umar's offer of Hafsa to Uthman and then to Abu Bakr after she was widowed, before the Prophet ﷺ married her ⁴.

Where to look further

The sense of ard as goods is treated under «arud» ⁴.

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11555

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11556

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11557

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11558

Al-Ash'ath ibn Qays comes with the delegation of Kinda

Al-Ash'ath ibn Qays came with Kinda's delegation, eighty riders according to al-Zuhri, who entered the mosque with combed locks and kohl, wearing Hira robes edged with silk; the Prophet asked whether they had not become Muslims, and what the silk on their necks was, and they tore it off. Al-Ash'ath said, we are Banu Akil al-Murar and you are Ibn Akil al-Murar; the Prophet laughed, attributed that lineage-claim to al-Abbas and Rabi'a ibn al-Harith who used it for prestige as merchants, and said: no, we are Banu al-Nadr ibn Kinana, we do not trace ourselves through our mother nor disown our father.