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الفتح الربانی
Fath al-Rabbani
مسائل النكاحIssues of Marriage
بَاب مَا جَاءَ فِي إِجْبَارِ الْبِكْرِ وَاسْتَثَمَارِ التَّيبِChapter: What Has Been Reported Regarding Compelling the Virgin and Seeking the Consent of the Previously Married Woman
Hadith 6885
اُردوEn
(وَعَنْهُ مِنْ طَرِيقٍ ثَانٍ) يَبْلُغُ بِهِ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ الثَّيِّبُ أَحَقُّ بِنَفْسِهَا مِنْ وَلِيِّهَا وَالْبِكْرُ يَسْتَأْمِرُهَا أَبُوهَا فِي نَفْسِهَا وَإِذْنُهَا صُمَاتُهَا
(Second chain) The Noble Prophet, peace and blessings be upon him, said: A widow has more right over herself than her guardian, and the father of a virgin should seek her permission regarding herself, and her silence is her permission.
Brief Explanation
Benefits: … The meaning of the first sentence of the hadith is that both the widow has a right and her guardian (wali) has a right. The right of the guardian is that marriage should not be conducted without his involvement, and the right of the widow is that if she does not accept a person as a husband, she should not be forced, because in this matter the right of the widow is greater. Understand this with the following example: if the guardian wishes to marry such a woman to a man, but she is not agreeable, then she will not be forced and the guardian should abandon his intention. However, when such a woman agrees to marry a man and the guardian is not agreeable, then the guardian will be compelled to express his consent and arrange her marriage.
