Qadi Shurayh said: Sayyiduna Ali (may Allah be pleased with him) asked me: Who is meant by "the one in whose hand is the marriage tie" [Surah al-Baqarah: 237]? I said: He is the guardian. He said: No, rather he is the husband.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الصداق / 14445
Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said: "The one in whose hand is the marriage tie" [Surah al-Baqarah: 237] means the husband.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الصداق / 14446
Abu Salamah (may Allah have mercy on him) said that Sayyiduna Jubayr bin Mut'im (may Allah be pleased with him) married a woman from Banu Nasr and fixed a dowry for her, but divorced her before consummating the marriage. He then recited this verse: "Unless they (the women) forgo it, or the one in whose hand is the marriage tie forgoes it" [Surah al-Baqarah: 237]. He said: I am more entitled to forgo than she is, and he handed her dowry over to her.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الصداق / 14448
Ibn Sirin (may Allah have mercy on him) narrated from Qadi Shurayh (may Allah have mercy on him): That the woman forgoes, that is, she gives up half of her dowry, or the husband forgoes, that is, he pays the full dowry.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الصداق / 14449
Mughirah (may Allah have mercy on him) narrated from al-Sha'bi (may Allah have mercy on him): A man from among us married a woman and divorced her before consummating the marriage, and the woman's brother forgave her dowry. The matter was taken to Qadi Shurayh (may Allah have mercy on him), and he declared the forgiving of the dowry valid. Then he said: "I would then forgive the dowry of my children at once." After that he used to say: "The one in whose hand is the marriage tie [Surah al-Baqarah: 237] is the husband: either he hands the full dowry over to the wife, or the woman forgoes the half that Allah Almighty has fixed for her; and if they dispute, the woman receives half the dowry."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الصداق / 14451
Through the same chain, it is narrated from al-Sha'bi (may Allah have mercy on him) that he said: By Allah, Qadi Shurayh (may Allah have mercy on him) never gave a more foolish ruling than when he abandoned his first view and adopted this one.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الصداق / 14452
Abu Bishr narrated from Tawus (may Allah have mercy on him), Ata' (may Allah have mercy on him) and the people of Madinah that they said: "The one in whose hand is the marriage tie" [Surah al-Baqarah: 237] is the guardian. He said: I informed them of the view of Sa'id bin Jubayr (may Allah have mercy on him) that it is the husband, and they retracted their view. When Sa'id bin Jubayr (may Allah have mercy on him) came, he asked: What do you think: if the guardian forgoes the dowry and the woman refuses, what use is the guardian's forgoing? Or if she forgoes it and the guardian refuses, what does the guardian have to do with it?
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الصداق / 14453
Al-Sha'bi (may Allah have mercy on him) narrated from Qadi Shurayh (may Allah have mercy on him): It is the husband; if he wishes, he pays her the full dowry. Nafi' bin Jubayr, Muhammad bin Ka'b, Tawus, Mujahid, al-Sha'bi and Sa'id bin Jubayr said the same.
(b) Ibrahim (may Allah have mercy on him), Alqamah (may Allah have mercy on him) and al-Hasan (may Allah have mercy on him) said: It is the guardian.
(c) Amr bin Shu'ayb (may Allah have mercy on him) narrated from his father, from his grandfather (may Allah be pleased with him), that the Prophet (peace and blessings be upon him) said: "The one who holds the marriage tie is the husband."
This is not preserved (ghayr mahfuz), and Ibn Lahi'ah is not used as evidence.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الصداق / 14454