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سنن دارمي
Darimi
من كتاب النكاحFrom the Book of Marriage
باب الْمَرْأَةِ يُزَوِّجُهَا الْوَلِيَّانِ:Chapter: A Woman Married by Two Guardians
Hadith 2231
اُردوEn
حَدَّثَنَا عَفَّان، حَدَّثَنَا حَمَّادُ بْنُ سَلَمَةَ، أَخْبَرَنَا قَتَادَةُ، عَنْ الْحَسَنِ، عَنْ سَمُرَةَ، عَنْ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، بِنَحْوِهِ.
With this chain also, Hasan narrated a similar hadith from Sayyiduna Samurah (may Allah be pleased with him) as mentioned above.
Brief Explanation
(Commentary on Hadiths 2229 to 2231)
Although this hadith is weak, the correct ruling is as mentioned in the hadith: if a woman’s two guardians (wali) marry her off to two different men at different times, then the woman will be considered the wife of the man with whom the marriage (nikah) was contracted first, and the second marriage will automatically be invalid, because the Shari‘ah has declared it impermissible to contract a marriage over an existing marriage. And if both marriages are contracted simultaneously, then both will be considered invalid—there is no difference of opinion in this. The same ruling applies to the matter of sale: when an item has already been sold by one guardian to a person, it is impermissible for the other guardian to sell it again. If he does sell it, only the sale by the first guardian will be considered valid.
And Allah knows best.
Although this hadith is weak, the correct ruling is as mentioned in the hadith: if a woman’s two guardians (wali) marry her off to two different men at different times, then the woman will be considered the wife of the man with whom the marriage (nikah) was contracted first, and the second marriage will automatically be invalid, because the Shari‘ah has declared it impermissible to contract a marriage over an existing marriage. And if both marriages are contracted simultaneously, then both will be considered invalid—there is no difference of opinion in this. The same ruling applies to the matter of sale: when an item has already been sold by one guardian to a person, it is impermissible for the other guardian to sell it again. If he does sell it, only the sale by the first guardian will be considered valid.
And Allah knows best.
