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English translation
1134. Abū Hurairah narrated that the Messenger of Allāh ﷺ said: "A man is not to sell over his brother's sale, nor is he to propose to whom his brother has proposed." (Saḥīḥ)
(He said:) There are narrations on this topic from Samurah and Ibn ‘Umar.
Abū ‘Eisā said: The Hadīth of Abū Hurairah is a Hasan Saḥīḥ Hadīth.
Mālik bin Anas said: "The meaning of it being disliked to propose to a woman that his brother has proposed to, is when the man proposed to the woman and she accepted it, then no one is to make a proposal over his proposal."
Ash-Shāfi‘ī said: "This Hadīth: 'A man is not to propose to whom his brother has proposed' - means, according to us, when a man proposes to a woman and she accepts and agrees to it. Then no one is to make a proposal over his proposal. If it is before he knows that she accepted or agreed with him, then there is no harm in him proposing to her. The proof for that is the Hadīth of Fāṭimah bint Qais,
in which she came to the Prophet ﷺ and she mentioned to him that Abū Jahm bin Hudhaifah and Mu'āwiyah bin Abī Sufyān had both proposed to her. So he said: 'As for Abū Jahm, he is a man who does not give women a rest from his stick. As for Mu'āwiyah he is a destitute person with no wealth. But marry Usāmah.' So the meaning of this Hadīth, to us, and Allāh knows best, is that Fātimah had not informed him of her acceptance of either one of them. If she had told him that, then he would not have directed her to someone other than whom she had mentioned."
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Commentary
'Selling over his brother's sale' means that a person who has completed a transaction and the matters are over, the third person should not poke in for less or more money. According to the situation a third person as a buyer or as a seller should not try to undo the deal by paying more or accepting less.
