Ma'qil bin Yasar (may Allah be pleased with him) said: I had a sister. People sent me proposals of marriage for her, but I refused them. Eventually my paternal cousin came and expressed his wish to marry her, and I married her to him. They lived together for as long as Allah willed; then he divorced her. He had the right to take her back, but he did not take her back, and so her waiting period passed. When other people's proposals began to come to me, he too came again with a proposal, along with the other suitors. I said: "I refused the people and preferred you for her. Then you divorced her although you could have taken her back; then you left her until her waiting period passed, and now, when proposals are coming from others, you have come along with the suitors. I will never marry her to you." Then Allah revealed this verse: "And when you divorce women and they reach the end of their waiting period, do not prevent them from marrying their husbands" [Surah al-Baqarah: 232]. Then I made expiation for my oath and married her to him.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13596
Abu Amir mentioned it in the same way, the only difference being that he said: I said: By Allah! I will never marry her to you. Then this verse was revealed concerning me. Imam al-Shafi'i (may Allah have mercy on him) said: Among the verses of the Qur'an, this is the clear verse showing that the guardian has a right together with the woman regarding her own person, and that the guardian must not prevent her when she wishes to marry according to what is customary. And he said: This is the Sunnah, in accordance with the meaning of the Book of Allah.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13597
Sayyidah Aishah (may Allah be pleased with her), the wife of the Prophet (peace and blessings be upon him), narrated that he (peace and blessings be upon him) said: "A woman is not to be married without the command of her guardian. If she marries, that marriage is void" (he repeated these words three times). "If he has intercourse with her, she is entitled to the dowry (mahr) of women like her, because of the intercourse; and if the guardians dispute among themselves, then the ruler is the guardian of the one who has no guardian."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13598
Sayyidah Aishah (may Allah be pleased with her) said that the Prophet (peace and blessings be upon him) said: "Any woman who marries without the permission of her guardian, her marriage is void, and she is entitled to the dowry (mahr) because of the intercourse that took place with her. If the guardians dispute among themselves, then the ruler is the guardian of the one who has no guardian."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13599
Abu Ubayd (may Allah have mercy on him) said: According to many people, al-mawla means specifically the paternal cousin, but it is not so; rather it means the guardian (wali). Every guardian of a person is his mawla, such as the father, the brother, the brother's son, the paternal uncle, the paternal uncle's son, and all the agnatic relatives ('asabah) beyond them. From this is the saying of Allah Almighty: "And indeed, I fear the heirs (mawali) after me." [Surah Maryam: 5] He said: Among what makes it clear to you that al-mawla is every guardian is the hadith of the Prophet (peace and blessings be upon him): "Any woman who marries without the permission of her mawla, her marriage is void"; by mawla he (peace and blessings be upon him) meant the guardian. And Allah Almighty said: "The Day when a mawla will not avail a mawla in anything." [Surah al-Dukhan: 41] Do you think that only the paternal cousin is meant by it, to the exclusion of the rest of his household?
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13600
This is a discussion of the chain. Imam al-Zuhri (may Allah have mercy on him) said: Makhul (may Allah have mercy on him) used to come to us, and Sulayman bin Musa (may Allah have mercy on him); by Allah, Sulayman bin Musa (may Allah have mercy on him) is the more reliable narrator of the two.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13601
Here too the chain is discussed. Uthman bin Sa'id al-Darimi (may Allah have mercy on him) asked Yahya bin Ma'in (may Allah have mercy on him) about the standing of Sulayman bin Musa (may Allah have mercy on him) in (his narration from) al-Zuhri, and he said: He is thiqah (trustworthy).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13602
Imam Ahmad bin Hanbal (may Allah have mercy on him) was told about Ibn Ulayyah that he narrates the hadith from Ibn Jurayj: "There is no marriage without a guardian," and that Ibn Jurayj said: I met al-Zuhri and asked him about it, and he said: I do not know it, though he praised Sulayman bin Musa. Thereupon Imam Ahmad bin Hanbal (may Allah have mercy on him) said: Ibn Jurayj had compiled books, but Ibn Ulayyah's report from Ibn Jurayj is not found in those books.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13603
Abbas bin Muhammad (may Allah have mercy on him) said: I heard Yahya bin Ma'in (may Allah have mercy on him) speaking about the narration "There is no marriage without a guardian," which Ibn Jurayj (may Allah have mercy on him) narrated. I said to him: Ibn Ulayyah (may Allah have mercy on him) says that Ibn Jurayj (may Allah have mercy on him) said: I asked Imam al-Zuhri (may Allah have mercy on him) about it, and he said: I do not remember it. Yahya bin Ma'in (may Allah have mercy on him) said: No one says this except Ibn Ulayyah (may Allah have mercy on him). Ibn Ulayyah (may Allah have mercy on him) presented the books of Ibn Jurayj (may Allah have mercy on him) to Abd al-Majid bin Abd al-Aziz bin Abi Rawwad, and he corrected them. I said to Yahya bin Ma'in (may Allah have mercy on him): I did not think that Abd al-Majid (may Allah have mercy on him) was like that. He said: Abd al-Majid (may Allah have mercy on him) was the most knowledgeable of people about the narrations of Ibn Jurayj (may Allah have mercy on him), but he did not devote himself to (narrating) hadith.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13604
Ja'far al-Tayalisi said: I heard Yahya bin Ma'in weakening Ibn Ulayyah's narration from Ibn Jurayj that he (al-Zuhri) denied knowing the hadith of Sulayman bin Musa. He said: No one mentioned it from Ibn Jurayj except Ibn Ulayyah, and Ibn Ulayyah's hearing from Ibn Jurayj was not of that standing; he only corrected his books against the books of Abd al-Majid bin Abd al-Aziz. And Yahya bin Ma'in considered the narration of Isma'il (bin Ulayyah) from Ibn Jurayj very weak.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13605
Ahmad bin Hafs al-Sa'di said: Imam Ahmad bin Hanbal (may Allah have mercy on him) was asked, while he was present, about the hadith of al-Zuhri concerning marriage without a guardian. Rawh al-Karabisi said: Al-Zuhri had forgotten this. And he cited as evidence a hadith that Ibn Uyaynah heard from Amr bin Dinar; then he (Ibn Uyaynah) met al-Zuhri, who said: I do not know it. He said: So I told Amr bin Dinar, and he said: He himself narrated it to me, about touching the armpit, that it requires ablution.
Al-Shaykh (may Allah have mercy on him) said: This has also been narrated from al-Zuhri through two other chains, although reliance is on the narration of Sulayman bin Musa.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13606
It is narrated from Sayyidah Aishah (may Allah be pleased with her) that the Prophet (peace and blessings be upon him) said: "There is no marriage without a guardian; and if there is no guardian and they dispute, then the ruler (sultan) is the guardian of the one who has no guardian."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13607
Abbas bin Muhammad al-Duri said: Yahya bin Ma'in was asked about the hadith of Aishah (may Allah be pleased with her): "There is no marriage without a guardian." Yahya said: Nothing on this matter is authentic except the hadith of Sulayman bin Musa. As for the hadith of Hisham bin Sa'd, they differ about it; al-Khayyat, meaning Hammad al-Khayyat, and Ibn Mahdi narrated it, some of them narrating it as marfu' (attributed to the Prophet) and some not. He said: And I heard Yahya say: Mindal narrated from Hisham bin Urwah, from his father, from Aishah (may Allah be pleased with her), that the Prophet (peace and blessings be upon him) said: "There is no marriage without a guardian." Yahya said: This hadith is worthless.
So Yahya bin Ma'in only rejected what he explained in al-Duri's narration from him. He made an exception of the hadith of Sulayman bin Musa and judged it to be authentic, and he rejected Ibn Ulayyah's report from Ibn Jurayj in that narration and then in the narration of Ja'far al-Tayalisi from him, as mentioned earlier; and he declared Sulayman bin Musa trustworthy in al-Darimi's narration from him. So the hadith of Sulayman bin Musa is sahih (authentic), and the other narrations from Aishah (may Allah be pleased with her), if any of them is established, are supporting witnesses for his hadith. And success is from Allah.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13610
It is narrated from Sayyiduna Abu Musa (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: "There is no marriage without a guardian."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13611
Muhammad bin al-Muthanna said: I heard Abd al-Rahman bin Mahdi say that he considered Isra'il reliable in the chain of Abu Ishaq. He said: He used to bring them (the narrations) complete; and whatever I missed of Sufyan's hadith from Abu Ishaq, I missed only because I relied on them through Isra'il.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13616
Hajjaj (may Allah have mercy on him) said: We said to Shu'bah (may Allah have mercy on him): Narrate to us the hadith of Abu Ishaq (may Allah have mercy on him). He said: Ask Isra'il (may Allah have mercy on him) about them, for he knows them better than I do.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13619
Uthman bin Sa'id al-Darimi (may Allah have mercy on him) said: I asked Yahya bin Ma'in (may Allah have mercy on him): "In the narrations of Abu Ishaq, is Sharik dearer to you or Isra'il?" He said: "Sharik is dearer to me, and he is earlier; and Isra'il is saduq (truthful)." I asked: "Is Yunus bin Abi Ishaq dearer to you or Isra'il?" He said: "Each of them is thiqah (trustworthy)."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13620
Regarding the hadith of Isra'il, "Marriage is not valid in the absence of a guardian," Ali bin al-Madini (may Allah have mercy on him) said that the narration is sahih (authentic).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13621
Muhammad bin Harun al-Miski heard Imam Muhammad bin Isma'il al-Bukhari (may Allah have mercy on him) when he was asked about the hadith of Isra'il, from Abu Ishaq, from Abu Burdah, from his father (may Allah be pleased with him), from the Prophet (peace and blessings be upon him): "There is no marriage without a guardian." Imam al-Bukhari (may Allah have mercy on him) said: An addition from a trustworthy narrator is accepted, and Isra'il bin Yunus is thiqah (trustworthy); even if Shu'bah and al-Thawri narrated it as mursal (without the Companion), that does not harm the hadith.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13622
Shu'bah said: Sufyan al-Thawri (may Allah have mercy on him) said to Abu Ishaq: Did you hear Abu Burdah (may Allah have mercy on him) narrate from the Prophet (peace and blessings be upon him) that he said: "There is no marriage without a guardian"? He said: Yes. Al-Hasan said: And had he said "from his father," he would also have said: Yes. Al-Shaykh (may Allah have mercy on him) said: Mahmud bin Ghaylan (may Allah have mercy on him) and Abu Musa (Muhammad bin al-Muthanna) likewise narrated it from Abu Dawud al-Tayalisi (may Allah have mercy on him). Abu Isa al-Tirmidhi (may Allah have mercy on him) said in Kitab al-Ilal: In my view, the hadith of Abu Burdah from Abu Musa (may Allah be pleased with him) is more authentic, and Allah knows best, even though Sufyan al-Thawri (may Allah have mercy on him) and Shu'bah (may Allah have mercy on him) do not mention Abu Musa (may Allah be pleased with him) in it, because Shu'bah's hadith shows that the two of them heard it together at one time, while those who narrated it from Abu Ishaq, from Abu Burdah, from Abu Musa (may Allah be pleased with him) heard it at different times. He also said: Yunus bin Abi Ishaq narrated this from his father, and Yunus met some of his father's shaykhs, so his hearing is early; and Isra'il narrated it, and he is the most reliable of Abu Ishaq's students after Shu'bah and al-Thawri.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13623
Sayyiduna Abu Musa (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings be upon him) said: "There is no marriage without a guardian."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13624
Sayyiduna Abu Musa (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings be upon him) said: "There is no marriage without a guardian."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13625
Sayyiduna Abu Musa (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings be upon him) said: "There is no marriage without a guardian." It is narrated likewise from Yunus bin Abi Ishaq.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13626
Sayyiduna Abu Musa (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings be upon him) said: "There is no marriage without a guardian." Imam Abu Dawud (may Allah have mercy on him) said in some copies: He is Yunus bin Abi Kathir; this is how it was reported from Abu Dawud (may Allah have mercy on him).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13627
Sayyiduna Abu Musa (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings be upon him) said: "There is no marriage without a guardian." Ibn Askar said: Qabisah bin Uqbah said to me: Ali bin al-Madini came to me and asked me about this hadith, so I narrated it to him, and Ali bin al-Madini said: Now we are relieved of the disagreement over Abu Ishaq.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13628
Sayyiduna Abu Musa (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings be upon him) said: "There is no marriage without a guardian."
This narration differs from the narration of Abu Zakariyya, which he reported from Ahmad bin Salman; it is as if our shaykh Abu Abdullah carried the hadith of Ibn Qutaybah over onto the hadith of Asbat.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13629
Sayyiduna Abu Musa al-Ash'ari (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings be upon him) said: "There is no marriage without a guardian." Sulayman bin Dawud is alone in narrating it from al-Nu'man bin Abd al-Salam.
It has been narrated from Mu'ammal bin Isma'il and Bishr bin Mansur from al-Thawri as connected, and from Yazid bin Zuray' from Shu'bah as connected, but what is preserved (mahfuz) from both of them is that it is not connected; reliance is on the narration of Isra'il mentioned earlier and of those who corroborated him in narrating the hadith as connected, and Allah knows best.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13630
It is narrated from Sayyiduna Ibn Abbas (may Allah be pleased with them both) that the Prophet (peace and blessings be upon him) said: "There is no marriage without a guardian."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13631
Sayyiduna Abu Hurayrah (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings be upon him) said: "A woman should not give another woman in marriage, nor should she give herself in marriage; indeed, the adulteress is the one who gives herself in marriage."
Al-Hasan said: I asked Yahya bin Ma'in (may Allah have mercy on him) about the narration of Makhlad bin Husayn from Hisham bin Hassan, and he said: He is thiqah (trustworthy). Then I mentioned this hadith, and he said: Yes (this narration is established); our shaykh narrated it to us from Makhlad as marfu' (attributed to the Prophet). Al-Shaykh said: Abd al-Salam bin Harb and Muhammad bin Marwan al-Uqayli corroborated him in narrating it from Hisham.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13632
Sayyiduna Abu Hurayrah (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings be upon him) said: "A woman should not give another woman in marriage, nor should she give herself in marriage." Sayyiduna Abu Hurayrah (may Allah be pleased with him) said: We used to regard the woman who gives herself in marriage as an adulteress.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13633
It is narrated from Sayyiduna Abu Hurayrah (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: "A woman should not give another woman in marriage, nor should she give herself in marriage, for the woman who gives herself in marriage is the adulteress."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13634
Sayyiduna Abu Hurayrah (may Allah be pleased with him) said: "A woman should not give another woman in marriage, nor should she give herself in marriage, for the woman who gives herself in marriage is the adulteress." This narration is mawquf (the Companion's own statement).
Ibn Uyaynah also narrated it in this way from Hisham bin Hassan, from Ibn Sirin. Abd al-Salam bin Harb distinguished the musnad (attributed to the Prophet) from the mawquf, so it seems that he preserved it accurately, and Allah Almighty knows best.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13635