سنن ابي داود
Abu Dawud
كتاب النكاحMarriage (Kitab Al-Nikah)
باب فِي نِكَاحِ الْعَبْدِ بِغَيْرِ إِذْنِ مَوَالِيهِChapter: A Slave Getting Married Without The Permission Of His Owner.
Hadith 2079
اُردوEn
حَدَّثَنَا عُقْبَةُ بْنُ مُكْرَمٍ ، حَدَّثَنَا أَبُو قُتَيْبَةَ ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ ، عَنْ نَافِعٍ ، عَنْ ابْنِ عُمَرَ ، أَنّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " إِذَا نَكَحَ الْعَبْدُ بِغَيْرِ إِذْنِ مَوْلَاهُ فَنِكَاحُهُ بَاطِلٌ " . قَالَ أَبُو دَاوُد : هَذَا الْحَدِيثُ ضَعِيفٌ ، وَهُوَ مَوْقُوفٌ ، وَهُوَ قَوْلُ ابْنِ عُمَرَ رَضِيَ اللَّهُ عَنْهُمَا .
Ibn Umar reported the Prophet ﷺ as saying “If a slave marries without the permission of his master, his marriage is null and void. Abu Dawud said “This tradition is weak. This is mauquf (does not go back to the Prophet). This is the statement of the Ibn Umar himself.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
The first narration is authentic, from which the affirmation of the issue is clear.
The first narration is authentic, from which the affirmation of the issue is clear.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2079
Maulana Ataullah Sajid
Benefit:
Both of the aforementioned narrations have been declared weak in chain (isnad) by our esteemed researcher, whereas Shaykh al-Albani rahimahullah, in Irwa’ al-Ghalil, has narrated this issue from Jabir radi Allahu anhu as a marfu’ narration and has graded it as hasan, and has also mentioned its supporting evidences in detail.
For details, see:
(Irwa’ al-Ghalil: 6/351, 353, no. 1933)
Therefore, just as it is religiously prohibited for a woman to contract marriage without the permission of her father or guardian, similarly, it is not permissible for a slave to contract marriage without the permission of his master.
The wisdom in this is that after marriage, he will have to pay attention to his wife and children, which will affect his service to the master. Therefore, if the master, out of kindness, is willing to accept some reduction in his rights, then the slave should marry; otherwise, he should remain patient.
And the master should grant permission to the slave so that the slave can safeguard his chastity and modesty.
Both of the aforementioned narrations have been declared weak in chain (isnad) by our esteemed researcher, whereas Shaykh al-Albani rahimahullah, in Irwa’ al-Ghalil, has narrated this issue from Jabir radi Allahu anhu as a marfu’ narration and has graded it as hasan, and has also mentioned its supporting evidences in detail.
For details, see:
(Irwa’ al-Ghalil: 6/351, 353, no. 1933)
Therefore, just as it is religiously prohibited for a woman to contract marriage without the permission of her father or guardian, similarly, it is not permissible for a slave to contract marriage without the permission of his master.
The wisdom in this is that after marriage, he will have to pay attention to his wife and children, which will affect his service to the master. Therefore, if the master, out of kindness, is willing to accept some reduction in his rights, then the slave should marry; otherwise, he should remain patient.
And the master should grant permission to the slave so that the slave can safeguard his chastity and modesty.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 1960
