Azami 6257

Tabarani narrated it in al-Kabir (17/138) via Sufyan bin Amir, and Tahawi in Sharh Maani (4/368) via Yahya bin Ayub, both from Abdullah bin Abdul-Rahman, from Adi bin Adi, from his father, from Urs bin Umayra, and he mentioned it, with the wording being Tabarani's. Tahawi's wording is, "The previously married woman speaks for herself, and the virgin's consent is her silence."Bayhaqi also narrated it (7/123) from the hadith of Yahya bin Ayub with his chain, but he inserted "his father" between Yahya and Abdullah bin Abdul-Rahman. Its chain is hasan because of Sufyan bin Amir and Yahya bin Ayub, since each of them corroborates the other.Layth bin Saad narrated it from Abdullah bin Abdul-Rahman, and he did not mention Urs bin Umayra between Adi bin Adi and his father. Ibn Majah (1872), Ahmad (17722), and Bayhaqi (7/123) narrated it through this route.Adi bin Adi did not hear from his father, as Abu Hatim said. Abdul-Rahman bin Abu Hatim reported from his father, "Adi bin Adi's narration from his father is mursal, he did not hear from his father, Urs bin Umayra is inserted between them, and he was Umar bin Abdul-Aziz's governor over Mosul."Bayhaqi referred to Layth's narration and said, "He did not mention Urs in his chain."On this topic there is what was narrated from Ayesha, who said, "Whenever the Messenger of Allah ﷺ wanted to marry off one of his daughters, he would sit by her curtained chamber and say, 'So-and-so mentions so-and-so,' naming her and naming the man mentioning her. If she remained silent, he married her to him, and if she disliked it, she would tap the curtain, and if she tapped it, he would not marry her to him." Imam Ahmad narrated it (24494) from Husayn bin Muhammad, who said, Ayub bin Utba narrated to us, from Yahya, from Abu Salama, from Ayesha, and he mentioned it.Ayub bin Utba is al-Yamami, Abu Yahya the judge, who is daif by the consensus of the scholars, and his narration from Yahya, who is Ibn Abu Kathir, contradicts what a group narrated from Yahya, from Muhajir bin Ikrima, who said, "Whenever some of his daughters were sought in marriage from the Prophet ﷺ, he would come to the curtained chamber," and he mentioned it.This is how Abdul-Razzaq (10277, 10278, 10279), Saeed bin Mansur (577), and Bayhaqi (7/123) narrated it, all of them through various routes from Yahya bin Abu Kathir, from Muhajir bin Ikrima, and he mentioned it.This is mursal, and it is the correct one, and Daraqutni likewise graded it sahih in Ilal (9/277), as did Bayhaqi (7/123).Furthermore, this Muhajir bin Ikrima was not deemed reliable by anyone except Ibn Hibban, and that is why Hafiz said of him, "acceptable," meaning when corroborated, otherwise his hadith is weak.Abu Asbat Harithi corroborated him in connecting it, narrating from Yahya bin Abu Kathir, from Abu Salama, from Abu Hurairah, and from Ikrima, from Ibn Abbas, and he mentioned the hadith.Bayhaqi said, "This is how Abu Asbat Harithi narrated it, but it is not preserved, and what is preserved from Yahya's hadith is mursal."Something similar was narrated from Abu Hurairah, from the Prophet ﷺ, that whenever he wanted to marry off one of his daughters, he would sit by her curtained chamber, saying, "So-and-so seeks so-and-so in marriage," and if she remained silent, that was her consent, or her silence was her consent.Bazzar narrated it, Kashf Astar (1421), from Zakariya bin Yahya, who said, Shababa bin Sawwar narrated to us, who said, Mughira bin Muslim narrated to us, from Hisham, from Muhammad bin Sirin, from Abu Hurairah, and he mentioned it.The author's teacher, Zakariya bin Yahya, is Ibn Ayub, Abu Ali the blind, Madaini. Khatib gave his biography in his Tarikh (8/458) but did not mention any disparagement or endorsement of him. Mughira bin Muslim is disputed, though his hadith is hasan.Something similar was narrated from Umar bin Khattab, Anas, and others, and none of it is sahih, but the sum of it indicates that it has a basis.As for what was narrated from Ibn Umar, who said, the Messenger of Allah ﷺ said, "Consult women concerning their daughters," it is daif.Abu Dawud narrated it (2095) from Uthman bin Abu Shayba, who said, Muawiya bin Hisham narrated to us, from Sufyan, from Ismail bin Umaya, who said, the trustworthy one narrated to me, from Ibn Umar, and he mentioned it.Bayhaqi extracted it (7/115) through Abu Dawud's route, and it contains the unidentified "trustworthy one," for such a designation is not accepted by the rigorous scholars of hadith. Munziri faulted it on this ground and did not accept this unidentified designation of trustworthiness.As for the meaning of the hadith, it is as Khattabi said, "Consulting mothers regarding their daughters' marriages is not because they have any authority over the marriage contract, but rather for the sake of gaining their goodwill and maintaining good relations with them.He also said, "It is possible that the mother knows something particular about her daughter's private affairs, something that would make the marriage contract unsuitable for her."On this topic there is what was narrated from Abu Musa, who heard the Prophet ﷺ say, "When a man wants to marry off his daughter, he should seek her permission."Abu Yaala narrated it (7229) from Bundar, who said, Salm bin Qutayba narrated to us, who said, Yunus narrated to us, who heard Abu Burda, who heard Abu Musa, who heard the Prophet ﷺ say, and he mentioned it.Its chain is hasan because of Salm bin Qutayba, whose hadith would be hasan were it not for his contradicting Abdullah bin Dawud, as will follow. Bundar is Muhammad bin Bashshar.Abu Yaala also narrated it (7230) from Bundar, from Abdullah bin Dawud, from Yunus, from Abu Burda, from the Prophet ﷺ, and he did not mention Abu Musa in it.This is more sahih, for Abdullah bin Dawud, who is Abu Abdul-Rahman Khuraybi, is an imam and a hafiz, so Salm bin Qutayba's contradiction of him is not accepted.The jurisprudence of this topic. In the hadiths of this topic there is evidence that marrying off a previously married woman is not permissible except with her permission.His saying ﷺ, "The widow has more right over herself," meant by it that she has more right over herself than her guardian in choosing whichever husband she wishes.So she might say, for example, "I accept so-and-so, and I do not accept so-and-so." The guardian must marry her off as she wishes, but she does not personally conduct her own marriage contract.As for using these hadiths as evidence that a marriage contract can be concluded without a guardian, that is not correct.Tirmidhi said, "Some people have used this hadith as evidence for permitting marriage without a guardian, but there is nothing in the hadith to support what they argue, because it has been narrated through more than one route from Ibn Abbas, from the Prophet ﷺ, who said, 'There is no marriage without a guardian.'Rather, the meaning of the Prophet's saying ﷺ, 'The widow has more right over herself than her guardian,' according to most scholars, is that the guardian may not marry her off except with her consent and approval.If he marries her off without that, the marriage is annulled, based on the hadith of Khansa bint Khidam, whose father married her off while she was previously married, and she disliked it, so the Prophet ﷺ annulled her marriage." End of quote.In the hadiths of this topic there is a prohibition against forcing an adult virgin into marriage, since seeking permission is incompatible with compulsion. However, a distinction is made between the previously married woman and the virgin, for the previously married woman may propose marriage on her own behalf and instruct her guardian to marry her off, unlike the virgin, who is too shy to propose marriage on her own behalf or speak about the matter of her marriage, so her silence was made to serve as her consent.