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 5129
اُردوEn
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ مُحَمَّدٍ ، حَدَّثَنَا هِشَامٌ ، أَخْبَرَنَا مَعْمَرٌ ، حَدَّثَنَا الزُّهْرِيُّ ، قَالَ : أَخْبَرَنِي سَالِمٌ ، أَنَّ ابْنَ عُمَرَ أَخْبَرَهُ ، " أَنَّ عُمَرَ حِينَ تَأَيَّمَتْ حَفْصَةُ بِنْتُ عُمَرَ مِنْ ابْنِ حُذَافَةَ السَّهْمِيِّ وَكَانَ مِنْ أَصْحَابِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مِنْ أَهْلِ بَدْرٍ تُوُفِّيَ بِالْمَدِينَةِ ، فَقَالَ عُمَرُ : لَقِيتُ عُثْمَانَ بْنَ عَفَّانَ فَعَرَضْتُ عَلَيْهِ ، فَقُلْتُ : إِنْ شِئْتَ ، أَنْكَحْتُكَ حَفْصَةَ ، فَقَالَ : سَأَنْظُرُ فِي أَمْرِي ، فَلَبِثْتُ لَيَالِيَ ثُمَّ لَقِيَنِي ، فَقَالَ : بَدَا لِي أَنْ لَا أَتَزَوَّجَ يَوْمِي هَذَا ، قَالَ عُمَرُ : فَلَقِيتُ أَبَا بَكْرٍ ، فَقُلْتُ : إِنْ شِئْتَ أَنْكَحْتُكَ حَفْصَةَ " .
Narrated `Abdullah bin `Umar: When Hafsa, `Umar's daughter became a widow because of the death of her (husband) Ibn Hudhafa As-Sahmi who was one of the companion of the Prophet and the one of the Badr warriors and died at Medina, `Umar said, "I met `Uthman bin `Affan and gave him an offer, saying, 'If you wish, I will marry Hafsa to you.' He said. 'I will think it over' I waited for a few days, then he met me and said, 'I have made up my mind not to marry at present' "`Umar added, "Then I met Abu Bakr and said to him, 'If you wish, I will marry Hafsa to you.' "
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
From here, Imam Bukhari rahimahullah has derived the purpose of the chapter, because although Hafsa radi Allahu anha was a widow, the guardianship (wilayah) of Umar al-Faruq radi Allahu anhu over her was not nullified. Umar radi Allahu anhu said that he would arrange her marriage.
From here, Imam Bukhari rahimahullah has derived the purpose of the chapter, because although Hafsa radi Allahu anha was a widow, the guardianship (wilayah) of Umar al-Faruq radi Allahu anhu over her was not nullified. Umar radi Allahu anhu said that he would arrange her marriage.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 5129
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Hafsa radi Allahu anhuma had previously been married, yet the right of guardianship (wilayah) of Umar radi Allahu anhu was not terminated; rather, he himself offered her in marriage to various individuals. If he were not authorized to do so, he would not have taken this step.
(2)
Some individuals draw an analogy between the contract of marriage (nikah) and the transaction of buying and selling. They claim that just as mutual consent of the seller and buyer is sufficient for the conclusion of a sale, likewise, in marriage, the consent of the boy and girl alone is sufficient. However, this analogy is in opposition to the textual evidence (nass), and thus holds no weight; therefore, this analogy is invalid and baseless.
(3)
In any case, the permission of the guardian (wali) is fundamentally essential for a woman's marriage. It should be noted that by wali is meant the father. In his absence, then the grandfather, then the brother, and after that the paternal uncle. In the case of a dispute, preference will be given to the closer guardian. If both guardians are of equal standing, then in the case of disagreement, the right of guardianship will belong to the ruler (hakim) or the arbitration council (panchayat). And Allah knows best.
(1)
Hafsa radi Allahu anhuma had previously been married, yet the right of guardianship (wilayah) of Umar radi Allahu anhu was not terminated; rather, he himself offered her in marriage to various individuals. If he were not authorized to do so, he would not have taken this step.
(2)
Some individuals draw an analogy between the contract of marriage (nikah) and the transaction of buying and selling. They claim that just as mutual consent of the seller and buyer is sufficient for the conclusion of a sale, likewise, in marriage, the consent of the boy and girl alone is sufficient. However, this analogy is in opposition to the textual evidence (nass), and thus holds no weight; therefore, this analogy is invalid and baseless.
(3)
In any case, the permission of the guardian (wali) is fundamentally essential for a woman's marriage. It should be noted that by wali is meant the father. In his absence, then the grandfather, then the brother, and after that the paternal uncle. In the case of a dispute, preference will be given to the closer guardian. If both guardians are of equal standing, then in the case of disagreement, the right of guardianship will belong to the ruler (hakim) or the arbitration council (panchayat). And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5129
