صحيح البخاري
Bukhari
كتاب النكاحThe Book of (The Wedlock)
بَابُ مَنْ قَالَ لاَ نِكَاحَ إِلاَّ بِوَلِيٍّ:Chapter. Whoever said, A marriage is not valid except through the Wali (i.e., her father or her brother or her relative etc.)
Hadith 5128
اُردوEn
حَدَّثَنَا يَحْيَى ، حَدَّثَنَا وَكِيعٌ ، عَنْ هِشَامِ بْنِ عُرْوَةَ ، عَنْ أَبِيهِ ، عَنْ عَائِشَةَ وَمَا يُتْلَى عَلَيْكُمْ فِي الْكِتَابِ فِي يَتَامَى النِّسَاءِ اللَّاتِي لا تُؤْتُونَهُنَّ مَا كُتِبَ لَهُنَّ وَتَرْغَبُونَ أَنْ تَنْكِحُوهُنَّ سورة النساء آية 127 ، قَالَتْ : هَذَا فِي الْيَتِيمَةِ الَّتِي تَكُونُ عِنْدَ الرَّجُلِ لَعَلَّهَا أَنْ تَكُونَ شَرِيكَتَهُ فِي مَالِهِ وَهُوَ أَوْلَى بِهَا ، فَيَرْغَبُ أَنْ يَنْكِحَهَا ، فَيَعْضُلَهَا لِمَالِهَا وَلَا يُنْكِحَهَا غَيْرَهُ كَرَاهِيَةَ أَنْ يَشْرَكَهُ أَحَدٌ فِي مَالِهَا " .
Narrated `Aisha: (as regards the Verse): 'And about what is recited unto you in the Book, concerning orphan girls to whom you give not the prescribed portions and yet, whom you desire to marry.' (4.127) This Verse is about the female orphan who is under the guardianship of a man with whom she shares her property and he has more right over her (than anybody else) but does not like to marry her, so he prevents her, from marrying somebody else, lest he should share the property with him.
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
From here, the purpose of the chapter becomes clear, because Aisha (radi Allahu anha) said that she should not allow her to marry someone else either. Thus, it is understood that the guardian (wali) has the authority over marriage. If a woman could contract her own marriage, then how could the guardian prevent her? Therefore, the presence of a guardian (wali) is necessary for marriage.
From here, the purpose of the chapter becomes clear, because Aisha (radi Allahu anha) said that she should not allow her to marry someone else either. Thus, it is understood that the guardian (wali) has the authority over marriage. If a woman could contract her own marriage, then how could the guardian prevent her? Therefore, the presence of a guardian (wali) is necessary for marriage.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 5128
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
From this hadith, it is understood that the permission of a guardian (wali) is a condition for the validity of a woman's marriage; without it, her marriage does not take place. Accordingly, as per the mentioned hadith, the guardian of a girl under his care neither marries her off himself nor allows her to marry someone else.
From this, it is also evident that the guardian has the authority over marriage.
If a woman could contract her own marriage, then how could the guardian prevent her? Therefore, the presence of a guardian is necessary for marriage. However, in one hadith it is stated:
“A previously married woman has more right regarding herself than her guardian.” (Sahih Muslim, Al-Nikah, Hadith: 3476 (1421))
This hadith is not contrary to the aforementioned ahadith because, according to it, a previously married woman is given more right of choice regarding her husband. After her selection, the marriage can take place with the permission of the guardian.
And Allah knows best.
From this hadith, it is understood that the permission of a guardian (wali) is a condition for the validity of a woman's marriage; without it, her marriage does not take place. Accordingly, as per the mentioned hadith, the guardian of a girl under his care neither marries her off himself nor allows her to marry someone else.
From this, it is also evident that the guardian has the authority over marriage.
If a woman could contract her own marriage, then how could the guardian prevent her? Therefore, the presence of a guardian is necessary for marriage. However, in one hadith it is stated:
“A previously married woman has more right regarding herself than her guardian.” (Sahih Muslim, Al-Nikah, Hadith: 3476 (1421))
This hadith is not contrary to the aforementioned ahadith because, according to it, a previously married woman is given more right of choice regarding her husband. After her selection, the marriage can take place with the permission of the guardian.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5128
