سنن ابي داود
Abu Dawud
كتاب النكاحMarriage (Kitab Al-Nikah)
باب فِي الْعَضْلِChapter: Regarding The Guardian Preventing The Woman From Marriage.
Hadith 2087
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ الْمُثَنَّى ، حَدَّثَنِي أَبُو عَامِرٍ ، حَدَّثَنَا عَبَّادُ بْنُ رَاشِدٍ ، عَنْ الْحَسَنِ ، حَدَّثَنِي مَعْقِلُ بْنُ يَسَارٍ ، قَالَ : " كَانَتْ لِي أُخْتٌ تُخْطَبُ إِلَيَّ ، فَأَتَانِي ابْنُ عَمّ لِي فَأَنْكَحْتُهَا إِيَّاهُ ، ثُمَّ طَلَّقَهَا طَلَاقًا لَهُ رَجْعَةٌ ، ثُمَّ تَرَكَهَا حَتَّى انْقَضَتْ عِدَّتُهَا ، فَلَمَّا خُطِبَتْ إِلَيَّ أَتَانِي يَخْطُبُهَا ، فَقُلْتُ : لَا وَاللَّهِ لَا أُنْكِحُهَا أَبَدًا ، قَالَ : فَفِيَّ نَزَلَتْ هَذِهِ الْآيَةُ : وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَلا تَعْضُلُوهُنَّ أَنْ يَنْكِحْنَ أَزْوَاجَهُنَّ سورة البقرة آية 232 الْآيَةَ ، قَالَ : فَكَفَّرْتُ عَنْ يَمِينِي ، فَأَنْكَحْتُهَا إِيَّاهُ " .
Maqil bin Yasar said “I had a sister and I was asked to give her in marriage. My cousin came to me and I married to him. He then divorced her one revocable divorce. He abandoned her till her waiting period passed. When I was asked to give her in marriage, he again came to me and asked her in marriage. ” Thereupon I said o him “No, by Allaah, I will never marry her to you. Then the following verse was revealed about my case “And when ye have divorced women and they reach their term, place not difficulties in the way of their marrying their husbands. ”
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊ If a woman, while remaining within the bounds of Shariah and morality, expresses an intention for marriage somewhere, her opinion should be respected.
To go beyond Shariah and morality is not acceptable in any Islamic society.
Furthermore, this incident proves that marriage cannot take place without a guardian (wali), even though in the apparent words of the noble verse, the attribution of marriage is mentioned towards women.
➋ In our society, women generally do not express this need (a second marriage) due to certain reasons; therefore, it is the responsibility of the guardians (awliya) to be mindful of this natural and moral need of theirs. In this way, the woman receives material and social protection, and a Shariah obligation is fulfilled.
It is astonishing that in this so-called developed era, many Muslims consider a second marriage to be very bad.
This Sunnah should be revived, just as Sayyid Ahmad Shaheed and Isma'il Shaheed (radi Allahu anhuma) did.
➌ When a person, overcome by emotions, takes a wrong oath, he should offer expiation (kaffarah) and adopt the correct course of action.
➊ If a woman, while remaining within the bounds of Shariah and morality, expresses an intention for marriage somewhere, her opinion should be respected.
To go beyond Shariah and morality is not acceptable in any Islamic society.
Furthermore, this incident proves that marriage cannot take place without a guardian (wali), even though in the apparent words of the noble verse, the attribution of marriage is mentioned towards women.
➋ In our society, women generally do not express this need (a second marriage) due to certain reasons; therefore, it is the responsibility of the guardians (awliya) to be mindful of this natural and moral need of theirs. In this way, the woman receives material and social protection, and a Shariah obligation is fulfilled.
It is astonishing that in this so-called developed era, many Muslims consider a second marriage to be very bad.
This Sunnah should be revived, just as Sayyid Ahmad Shaheed and Isma'il Shaheed (radi Allahu anhuma) did.
➌ When a person, overcome by emotions, takes a wrong oath, he should offer expiation (kaffarah) and adopt the correct course of action.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2087
