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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 345أحدها: أن النكاح لا يصح إلا بولى

الترجمة · EN

The first: Marriage is not valid except with a guardian, and a woman does not possess the right to marry herself off, nor another person, nor to appoint anyone other than her guardian to marry her off. If she does so, the marriage is not valid. This was narrated from Umar, Ali, Ibn Mas'ud, Ibn Abbas, Abu Hurayrah, and Aisha (may Allah be pleased with them). This was the position held by Sa'id ibn al-Musayyib, Al-Hasan, Umar ibn Abd al-Aziz, Jabir ibn Zayd, Al-Thawri, Ibn Abi Layla, Ibn Shubruma, Ibn al-Mubarak, Ubayd Allah al-Anbari, Al-Shafi'i, Ishaq, and Abu Ubayd. It was narrated from Ibn Sirin, Al-Qasim ibn Muhammad, Al-Hasan ibn Salih, and Abu Yusuf that it is not permissible for her to do that without the permission of the guardian, but if she were to do so, it would be suspended upon his approval. Abu Hanifah said: She has the right to marry herself off, or another person, and to appoint someone as a deputy for the marriage because Allah Almighty said: "Do not prevent them from marrying their husbands" (Surat Al-Baqarah: 232). He attributed the marriage to them and forbade preventing them from it. Furthermore, because it is her exclusive right and she is among those capable of conducting [legal] transactions, it is valid from her, just like the sale of her slave girl. And because, if she possesses the right to sell her slave girl—which is a disposal over her body and all of her interests—then in marriage, which is a contract over some of her benefits, it is even more appropriate. Our evidence is that the Prophet (peace and blessings of Allah be upon him) said: "There is no marriage except with a guardian." This was narrated by Aisha, Abu Musa, and Ibn Abbas. Al-Marwazi said: I asked Ahmad and Yahya about the hadith: "There is no marriage except with a guardian." They both said: "It is authentic." It was narrated from Aisha, from the Prophet (peace and blessings of Allah be upon him), that he said: "Any woman who marries herself off without the permission of her guardian, her marriage is void, void, void. If he has consummated with her, then she is entitled to the dowry for what he has enjoyed of her private parts. And if they dispute, the Sultan is the guardian of the one who has no guardian." Imam Ahmad, Abu Dawud, and others recorded it. If it is said: The narrator is Al-Zuhri, and he has denied it. Ibn Jurayj said: I asked Al-Zuhri about it, and he did not recognize it. We say to him: None but Ibn 'Ulayyah narrated this from Ibn Jurayj, and Imam Ahmad and Yahya stated the same. Even if it were established,

الحواشي

(2) In M: addition of "and Abu Salih". (3) Surat Al-Baqarah: 232. (4) In M: "manafi'uha". (5) Its documentation was previously provided in: 5/88. Added to it: Al-Musnad 6/47, 66, 166. (6) In M: "rawahu". (7) In the marginal note of B: "Recorded by the Five except Al-Nasa'i, and Al-Tirmidhi graded it hasan, and Ibn Hibban and others authenticated it. It is from the narration of Sulayman ibn Musa, who is trustworthy; Muslim narrated for him, and Al-Bukhari said: 'He has some munkar (rejected) reports.'" (8) In A, B, and M: "Khadij".

السابقمجلد 9 · صفحة 345التالي
السابق9·345التالي