صحيح البخاري
Bukhari
كتاب النكاحThe Book of (The Wedlock)
بَابُ إِذَا زَوَّجَ ابْنَتَهُ وَهْيَ كَارِهَةٌ فَنِكَاحُهُ مَرْدُودٌ:Chapter. lf a man gives his daughter in marriage while she is averse to it (in disagreement), then such marriage is invalid.
Hadith 5139
اُردوEn
حَدَّثَنَا إِسْحَاقُ ،أَخْبَرَنَا يَزِيدُ ، أَخْبَرَنَا يَحْيَى ، أَنَّ الْقَاسِمَ بْنَ مُحَمَّدٍ حَدَّثَهُ ، أَنَّ عَبْدَ الرَّحْمَنِ بْنَ يَزِيدَ ، وَمُجَمِّعَ بْنَ يَزِيدَ حَدَّثَاهُ ، " أَنَّ رَجُلًا يُدْعَى خِذَامًا أَنْكَحَ ابْنَةً لَهُ " ، نَحْوَهُ .
Narrated `Abdur-Rahman bin Yazid and Majammi bin Yazid: The same ,Hadith above: A man called Khidam married a daughter of his (to somebody) against her consent. 'If you fear that you shall not be able to deal justly with the orphan girls then marry (other) women of your choice.' (4.3) And if somebody says to the guardian (of a woman), "Marry me to soand- so," and the guardian remained silent or said to him, "What have you got?" And the other said, "I have so much and so much (Mahr)," or kept quiet, and then the guardian said, "I have married her to you," then the marriage is valid (legal). This narration was told by Sahl on the authority of the Prophet.
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
This hadith explicitly states that the mentioned woman was a widow. In another narration, it is further clarified that an Ansari married Khansa bint Khidam, and he was martyred in the Battle of Uhud. Then her father married her to another man. She presented herself before the Messenger of Allah (sallallahu alayhi wa sallam) and said: My father has married me off, while my brother-in-law, who is the uncle of my children, is the one I prefer. The Messenger of Allah (sallallahu alayhi wa sallam) rejected the marriage conducted by her father.
(2)
From this hadith, it is understood that Khansa (radi Allahu anha) also had children from her previous husband. (Al-Musannaf by Abd al-Razzaq: 6/148, no. 10309, published by Mu’assasat al-Risalah, and Fath al-Bari: 9/245) In any case, if a girl’s marriage is conducted without her consent, she has full authority to have her marriage annulled, whether she is a virgin or previously married. Although in some narrations, there is explicit mention of a virgin girl as well. For example, it is narrated from Jabir (radi Allahu anhu) that a man married his virgin daughter without her permission. She came to the Messenger of Allah (sallallahu alayhi wa sallam), and he separated the couple. (Fath al-Bari: 9/245) Similarly, it is narrated from Ibn Abbas (radi Allahu anhuma) that a virgin girl was married by her father while she was not pleased with the marriage. The Messenger of Allah (sallallahu alayhi wa sallam) gave her the choice to maintain the marriage. (Sunan Abi Dawud, Kitab al-Nikah, Hadith: 2096) From the aforementioned ahadith, it is understood that whether the married woman is a widow or a virgin, if her marriage is conducted without her consent, it can be rejected. And Allah knows best.
(1)
This hadith explicitly states that the mentioned woman was a widow. In another narration, it is further clarified that an Ansari married Khansa bint Khidam, and he was martyred in the Battle of Uhud. Then her father married her to another man. She presented herself before the Messenger of Allah (sallallahu alayhi wa sallam) and said: My father has married me off, while my brother-in-law, who is the uncle of my children, is the one I prefer. The Messenger of Allah (sallallahu alayhi wa sallam) rejected the marriage conducted by her father.
(2)
From this hadith, it is understood that Khansa (radi Allahu anha) also had children from her previous husband. (Al-Musannaf by Abd al-Razzaq: 6/148, no. 10309, published by Mu’assasat al-Risalah, and Fath al-Bari: 9/245) In any case, if a girl’s marriage is conducted without her consent, she has full authority to have her marriage annulled, whether she is a virgin or previously married. Although in some narrations, there is explicit mention of a virgin girl as well. For example, it is narrated from Jabir (radi Allahu anhu) that a man married his virgin daughter without her permission. She came to the Messenger of Allah (sallallahu alayhi wa sallam), and he separated the couple. (Fath al-Bari: 9/245) Similarly, it is narrated from Ibn Abbas (radi Allahu anhuma) that a virgin girl was married by her father while she was not pleased with the marriage. The Messenger of Allah (sallallahu alayhi wa sallam) gave her the choice to maintain the marriage. (Sunan Abi Dawud, Kitab al-Nikah, Hadith: 2096) From the aforementioned ahadith, it is understood that whether the married woman is a widow or a virgin, if her marriage is conducted without her consent, it can be rejected. And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5139
