Azami 5645

Tabarani related it in Al-Kabir (16/4) from Muhammad bin Abdullah Hadrami, who said, Muhammad bin Abu Bakr Muqaddami narrated to us, Salm bin Qutayba narrated to us, Dhiyal bin Ubayd narrated to us, who said, "I heard my grandfather Hanzala," then he mentioned it. Its isnad is hasan because of Dhiyal bin Ubayd, who is the son of Hanzala bin Hudhaym Hanafi. Ibn Main deemed him trustworthy. Ibn Abu Hatim said, "I asked my father about him, and he said, 'A follower of the companions (a tabii).' I said, 'Is his hadith relied upon?' He said, 'An elderly Bedouin.'" Al-Jarh wal-Tadil (3/452). Ibn Hibban also mentioned him among his trustworthy narrators (4/222). A narrator of this standing has his hadith graded hasan, for Abu Hatim's statement "an elderly Bedouin" is neither an explained discrediting nor an absolute affirmation of trustworthiness, but rather falls between these two ranks, which is what Ibn... expressed in Taqrib as "truthful (saduq)." He said in Talkhis, "Its isnad is not problematic." As for Haythami in Al-Majmaa (4/226), he said, "Its narrators are trustworthy," relying on Ibn Hibban's affirmation of trustworthiness.On this subject there is also what is related from Ali bin Abu Talib, who said, "I memorized from the Messenger of Allah ﷺ, 'There is no orphanhood after reaching puberty, and no silence-vow lasting from day until night.'" Abu Dawud related it (2872) from Ahmad bin Salih, who said, Yahya bin Muhammad Madini narrated to us, Abdullah bin Khalid bin Saeed bin Abu Maryam narrated to us, from his father, from Saeed bin Abdul-Rahman bin Yazid bin Raqish, that he heard elders from Banu Amr bin Awf and from his maternal uncle Abdullah bin Abu Ahmad say that Ali bin Abu Talib said, then he mentioned the hadith.Aqeeli related it in Al-Duafa Al-Kabir (4/428–429) through the route of Yahya bin Muhammad with his isnad, and he added to it, "There is no divorce except after marriage, no manumission except after ownership, no fulfillment of a pledge in disobedience to Allah, and no fasting two days consecutively without breaking the fast between them." Aqeeli said, "Yahya is not corroborated in this hadith. This is narrated by Muamar, from Juwaybir, from Dahhak, from Nazal bin Sabra, from Ali, as a raised hadith (marfu). Thawri and others related it from Juwaybir as a stopped hadith (mawquf), and that is the correct version." That is the end of his statement.Munziri also criticized it because of Yahya Madini, saying, "Khattabi said, 'They speak critically of him.' Ibn Hibban said, 'One must avoid the narrations he alone transmits.'" He then mentioned Aqeeli's statement. That is the end of Munziri's statement.The hadith of Muamar bin Rashid was related by Abdul-Razzaq in his Musannaf (11450) from him, from Juwaybir, with his isnad. Ibn Majah (2049) and Bayhaqi (4617) both related it from the hadith of Abdul-Razzaq, except that Ibn Majah confined himself to the statement, "There is no divorce before marriage." Abdul-Razzaq said, "Sufyan said to Muamar, 'Juwaybir narrated this hadith to us and did not raise it (as marfu).' Muamar said, 'He narrated it to us many times, and he did raise it.'"Juwaybir, a diminutive of Jabir, is the son of Saeed Azdi, Abu Qasim Balkhi, extremely daif. Ibn Main, Nasai, Daraqutni, Hakim, and others declared him daif. So the isnad is daif whether taken as mawquf or marfu, and Daraqutni also affirmed that the correct version is the mawquf one. See Al-Ilal (4/142). Among those who also declared him daif is Ibn Qattan in Bayan Al-Wahm wal-Ihaam (3/536). There are other defects in the isnad as well.On this subject there is also what is related from Anas bin Malik as marfu, "There is no orphanhood after puberty." Bazzar related it (12/350) from Ibrahim bin Saeed Jawhari, who said, Yahya bin Yazid bin Abdullah bin Mughira narrated to us, from his father, from Muhammad bin Munkadir, from Anas, then he mentioned it. Bazzar said, "We do not know this hadith to be related from Anas except through this isnad, and Yazid bin Abdul-Malik is lenient in his hadith, though a group of scholars have related from him and accepted his hadith despite his leniency."I say, Bazzar has softened his statement regarding Yazid bin Abdul-Malik, for he is daif by the agreement of the scholars. Dhahabi said in Al-Mughni fil-Duafa (2/751), "There is consensus on his being daif." Haythami also criticized it on this basis in Al-Majmaa (4/226).On this subject there is also what is related from Jabir bin Abdullah. Munziri, after mentioning the hadith of Anas and Jabir, said, "There is nothing among them that is established." I say, the hadith of Jabir was related by Abu Dawud Tayalisi, and from him Bayhaqi (7/319), and it contains Haram bin Uthman, and it has been reported from Shafii and Ibn Main that they both said, "A hadith through Haram bin Uthman is forbidden (haram)." It also contains Kharija bin Musab, who is discarded (matruk).In summary, the hadith on this subject is hasan, and these supporting reports strengthen it. For this reason the jurists have adopted this hadith and derived from it various rulings regarding orphans.Khattabi said, "The apparent meaning of this hadith requires that the legal rulings pertaining to orphanhood cease with the onset of puberty, and that the rulings pertaining to adults come into effect for him. Thus one who has reached puberty may buy, sell, and manage his own wealth, and may contract his own marriage. If she is a woman, she is not to be married off except with her permission. However, if the one who has reached puberty is not of sound judgment, the restriction (of guardianship) is not lifted from him, for a thing may be restricted for two reasons, and the restriction does not cease merely because one of the two reasons has ceased while the other remains. Allah Most High has commanded that restriction be placed upon the unwise, saying, "And do not give the unwise your wealth which Allah has made a means of sustenance for you" [Nisa 4:5]."