Azami 6230

Ibn Hibban (4075) narrated it from Umar bin Muhammad Hamdani, from the original of his book, he said, Saeed bin Yahya bin Saeed Umawi told us, Hafs bin Ghiyath told us, from Ibn Jurayj, from Sulayman bin Musa, from Zuhri, from Urwa, from Ayesha, and he related it. Ibn Hibban said, "No one said in the report of Ibn Jurayj, from Sulayman bin Musa, from Zuhri, this phrase 'and two just witnesses' except three individuals, Saeed bin Yahya Umawi from Hafs bin Ghiyath, Abdullah bin Abdul-Wahhab Hajji from Khalid bin Harith, and Abdul-Rahman bin Yunus Raqqi from Isa bin Yunus, and nothing is correct regarding the mention of the two witnesses other than this report."I say, Daraqutni also narrated it (3/225-226), and from him Bayhaqi (7/125), from Abu Hamid Muhammad bin Harun Hadrami, who said, Sulayman bin Umar bin Khalid Raqqi told us, Isa bin Yunus told us, from Ibn Jurayj, from Sulayman bin Musa with his chain, similarly. He said, "Abdul-Rahman bin Yunus followed him, from Isa bin Yunus, in the same manner exactly. Likewise Saeed bin Khalid narrated it, that Abdullah bin Amr bin Uthman, Yazid bin Sinan, Nuh bin Darraj, and Abdullah bin Hakeem Abu Bakr, from Hisham bin Urwa, from his father, from Ayesha, said in it, 'two just witnesses.' Likewise Ibn Mulayka narrated it from Ayesha."The hadith of Sulayman bin Umar bin Khalid Raqqi was also narrated by Bayhaqi, from Yahya bin Saeed Umawi, who said, Ibn Jurayj told us with his chain, but he did not mention "Isa bin Yunus" between them. The pivot of its chain rests on Ibn Jurayj, from Sulayman bin Musa, except that both were corroborated, and its chain is hasan due to the discussion concerning Sulayman bin Musa, though his hadith is hasan. And it has been corroborated.Daraqutni also narrated it (3/224-225) through another route, marfu, with the wording, "Marriage necessarily requires four things, the guardian, the husband, and the two witnesses." But it contains "Abu Khusayb," who is "unknown," and his name is Nafi bin Maysara.On this subject there is also what was narrated from Abdullah bin Abbas, that the Prophet ﷺ said, "The fornicating women are those who marry themselves off without evidence." Tirmidhi (1103) and Bayhaqi (7/125-126) both narrated it, from the hadith of Yusuf bin Hammad Basri, who said, Abdul-Ala told us, from Saeed, from Qatada, from Jabir bin Zayd, from Ibn Abbas, and he related it.Yusuf bin Hammad said, "Abdul-Ala reported this hadith as marfu in the tafsir, but he stopped it as mawquf in the book on divorce, and did not report it as marfu there."Tirmidhi said, (1104) Qutayba told us, he said, Ghundar Muhammad bin Jafar told us, from Saeed bin Abu Aruba, similarly. And he did not report it as marfu, and that is more correct." End of quote.Ibn Abu Hatim said in al-Ilal (1251), "My father said, 'This hadith is baseless.'"I say, Abdul-Razzaq narrated it (10482) through the route of a man, from Ibn Abbas, as mawquf.Then Tirmidhi said, "The practice among the people of knowledge from the companions of the Messenger of Allah ﷺ, and those after them among the followers and others, is upon this, they say, there is no marriage except with witnesses. None among those who have passed held a differing view on this, except for a group of later scholars. The people of knowledge only differed on this matter concerning a case where one witnesses after another. Most of the people of knowledge among the people of Kufa and others said, marriage is not valid until the two witnesses testify together at the conclusion of the marriage contract. But some of the people of Madinah held that if one witnesses after another, it is permissible, provided they make it public. This is the view of Malik bin Anas and others. This is how Ishaq related it concerning the people of Madinah. And some of the people of knowledge said, the testimony of one man and two women is permissible in marriage. This is the view of Ahmad and Ishaq."