Maulana Dawood Raz
Hadith Commentary: That is, if women wish to marry their former husbands, do not prevent them.
In the verse, the addressees are the guardians (awliya) of the women.
The narration of Ibrahim ibn Tahman has been connected (mawsul) by Imam Bukhari himself in the Book of Marriage (Kitab al-Nikah).
There, the name of Ma'qil radi Allahu anhu's sister and her husband is also mentioned.
The ruling mentioned is for revocable divorce (talaq raj‘i), and also for irrevocable divorce (talaq ba’in), that after a valid Shar‘i halalah (legal intermediary marriage), if the woman wishes to marry her first husband, she should not be prevented. And upon those who perform or arrange halalah themselves, the curse of Allah descends.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 4529
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
1.
Imam Bukhari rahimahullah has narrated the hadith here in a concise manner. In another narration, it is clarified that when the waiting period (‘iddah) ended, her brother-in-law sent me a proposal for marriage to my sister. Out of anger and protective jealousy, I replied to him: “I honored you by marrying my sister to you, but you did not value her at all. By Allah! My sister will never return to you under any circumstances.”
That man was reasonable and of good character, and my sister also inclined towards settling in his home.
When this verse was revealed, I submitted:
“O Messenger of Allah sallallahu alayhi wa sallam! I now comply with the command.” Thus, he married his sister to him.
(Sahih al-Bukhari, Book of Marriage, Hadith: 5130)
In another narration, it is mentioned that when this verse was revealed, the Messenger of Allah sallallahu alayhi wa sallam called him, recited the verses to him, and upon hearing them, he abandoned his stubbornness and obstinacy and submitted his neck before the command of Allah.
(Sahih al-Bukhari, Book of Divorce, Hadith: 5331)
2.
In one narration, it is mentioned that after the revelation of the verse, Ma’qil radi Allahu anhu called them and said:
(Uzawwiju-ka wa ukrimu-ka)
“Now I marry you (to her) and I also honor you.”
(Jami‘ at-Tirmidhi, Tafsir al-Qur’an, Hadith: 2981)
From this hadith, it is also understood that marriage does not take place without the permission of the guardian (wali). Thus, if Ma’qil radi Allahu anhu did not have the authority to conduct the marriage, why would he be told not to prevent the marriage? Furthermore, if a woman were authorized to marry herself independently, she would not be in need of her brother at all. Nevertheless, we also say that Allah Ta‘ala has given the woman’s consent precedence over the guardian’s consent. However, no adult girl has the right to run away or secretly contract her own marriage. Yes, if the close and real guardian is oppressive and of bad character, then a distant guardian or the court will conduct the marriage.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 4529