صحيح البخاري
Bukhari
كتاب النكاحThe Book of (The Wedlock)
بَابُ إِذَا كَانَ الْوَلِيُّ هُوَ الْخَاطِبَ:Chapter. If the guardian himself is the suitor (of the lady in his charge) (can he marry her to himself or should another guardian marry her to him)?
Hadith 5131
اُردوEn
وَخَطَبَ الْمُغِيرَةُ بْنُ شُعْبَةَ امْرَأَةً هُوَ أَوْلَى النَّاسِ بِهَا ، فَأَمَرَ رَجُلًا فَزَوَّجَهُ. وَقَالَ عَبْدُ الرَّحْمَنِ بْنُ عَوْفٍ لِأُمِّ حَكِيمٍ بِنْتِ قَارِظٍ : أَتَجْعَلِينَ أَمْرَكِ إِلَيَّ ؟ قَالَتْ : نَعَمْ ، فَقَالَ : قَدْ زَوَّجْتُكِ ، وَقَالَ عَطَاءٌ : لِيُشْهِدْ أَنِّي قَدْ نَكَحْتُكِ أَوْ لِيَأْمُرْ رَجُلًا مِنْ عَشِيرَتِهَا ، وَقَالَ سَهْلٌ : قَالَتِ امْرَأَةٌ لِلنَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : أَهَبُ لَكَ نَفْسِي ، فَقَالَ رَجُلٌ : يَا رَسُولَ اللَّهِ إِنْ لَمْ تَكُنْ لَكَ بِهَا حَاجَةٌ فَزَوِّجْنِيهَا .
And Mughirah bin Shu’bah proposed marriage to a woman, and her closest relatives were only those. Eventually, they said to another man (Uthman bin Abi Al-‘As), and he performed their marriage contract. And ‘Abdur-Rahman bin ‘Awf said to Umm Hakim bint Qariz, “You have given me authority regarding your marriage; I may marry you to whomever I wish.” She said, “Yes.” ‘Abdur-Rahman said, “Then I have married you to myself.” And ‘Ata bin Abi Rabah said, “Say to the woman in the presence of two witnesses, ‘I have married you,’ or appoint someone from among the woman’s family (even if they are distant relatives) to perform her marriage contract.” And Sahl bin Sa’d As-Sa’idi narrated that a woman said to the Prophet (ﷺ), “I offer myself to you (in marriage).” Then a man said, “O Messenger of Allah! If you have no need of her, then marry her to me.”
حَدَّثَنَا ابْنُ سَلَامٍ ، أَخْبَرَنَا أَبُو مُعَاوِيَةَ ، حَدَّثَنَا هِشَامٌ ، عَنْ أَبِيهِ ، عَنْ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا ، فِي قَوْلِهِ : " وَيَسْتَفْتُونَكَ فِي النِّسَاءِ قُلِ اللَّهُ يُفْتِيكُمْ فِيهِنَّ سورة النساء آية 127 إِلَى آخِرِ الْآيَةِ ، قَالَتْ : هِيَ الْيَتِيمَةُ تَكُونُ فِي حَجْرِ الرَّجُلِ قَدْ شَرِكَتْهُ فِي مَالِه فَيَرْغَبُ عَنْهَا أَنْ يَتَزَوَّجَهَا وَيَكْرَهُ أَنْ يُزَوِّجَهَا غَيْرَهُ ، فَيَدْخُلَ عَلَيْهِ فِي مَالِهِ ، فَيَحْبِسُهَا ، فَنَهَاهُمُ اللَّهُ عَنْ ذَلِكَ " .
Narrated `Aisha: (regarding His Statement): 'They ask your instruction concerning the women. Say: Allah instructs you about them ...' (4.127) It is about the female orphan who is under the guardianship of a man with whom she shares her property and he does not want to marry her and dislikes that someone else should marry her, lest he should share the property with him, so he prevents her from marrying. So Allah forbade such a guardian to do so (i.e. to prevent her from marrying).
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
At this point, this hadith has been mentioned in a brief form; however, in another narration, its details are as follows: if the girl under guardianship was beautiful and wealthy, the guardian himself would be interested in marrying her, but would act unjustly regarding her dowry (mahr). And if she was unattractive, he would neither be interested in marrying her himself nor would he marry her to anyone else. Allah, the Exalted, has prohibited this practice.
(Sahih al-Bukhari, al-Wasaya, Hadith: 2763) (2)
In this hadith, Allah, the Exalted, has reproached the guardians for why they show disinterest in marrying the girl if she is not beautiful.
From this, it is understood that the guardian himself can marry the girl under his guardianship, because it is not correct to reproach someone for abandoning a forbidden act. Therefore, it is permissible for a guardian to marry the girl under his care.
Wallahu a‘lam (And Allah knows best).
(1)
At this point, this hadith has been mentioned in a brief form; however, in another narration, its details are as follows: if the girl under guardianship was beautiful and wealthy, the guardian himself would be interested in marrying her, but would act unjustly regarding her dowry (mahr). And if she was unattractive, he would neither be interested in marrying her himself nor would he marry her to anyone else. Allah, the Exalted, has prohibited this practice.
(Sahih al-Bukhari, al-Wasaya, Hadith: 2763) (2)
In this hadith, Allah, the Exalted, has reproached the guardians for why they show disinterest in marrying the girl if she is not beautiful.
From this, it is understood that the guardian himself can marry the girl under his guardianship, because it is not correct to reproach someone for abandoning a forbidden act. Therefore, it is permissible for a guardian to marry the girl under his care.
Wallahu a‘lam (And Allah knows best).
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5131
