1121 - Issue: He said: (And if he marries off his daughter who has been previously married [thayyib] without her permission, the marriage is void, even if she consents afterwards.)
The summary of this matter is that [the thayyib is divided into] (1) two categories: an adult and a minor. As for the adult, it is not permissible for the father [nor anyone else] (2) to marry her off except (3) with her permission, according to the opinion of the generality of the scholars, except for al-Hasan, who said: He may marry her off even if she dislikes it. Al-Nakha'i said: He may marry off his daughter if she is under his maintenance; if she is independent in her own house with her dependents, he must ask for her permission. Isma'il ibn Ishaq said: I do not know of anyone who stated regarding the daughter an opinion like that of al-Hasan, and it is an anomalous (shadh) opinion, in which he contradicted the scholars and the established Sunnah (4). For al-Khansa' bint Khidham (5) al-Ansariyyah narrated that her father married her off while she was a thayyib, and she disliked that. She went to the Messenger of God (peace be upon him), and he annulled the marriage. This was recorded by al-Bukhari and all the Imams (6). Ibn 'Abd al-Barr said: There is consensus (7) on the authenticity of this hadith and on adopting it; we do not know of anyone who contradicted it except al-Hasan. Al-Khansa' was from the people of Quba', and she was married to Unays ibn Qatadah, who was killed at the Battle of Uhud. Her father then married her to a man from the Banu 'Amr ibn 'Awf, and she disliked it and complained about that to the Messenger of God (peace be upon him), who annulled her marriage. She then married Abu Lubabah ibn 'Abd al-Mundhir. Abu Hurayrah narrated that the Messenger of God (peace be upon him)
(1) In M: "the daughter is divided". (2) In A and M: "nor anyone else". (3) In the original: "without". (4) Omitted from M. (5) It is also narrated as "Khuddam". See: 'Awn al-Ma'bud Sharh Sunan Abi Dawud 2/197. (6) Recorded by al-Bukhari in: The Chapter on the Prohibition of Marriage by Compulsion..., from the Book of Compulsion (Sahih al-Bukhari 9/26); Abu Dawud in: The Chapter on the Previously Married Woman, from the Book of Marriage (Sunan Abi Dawud 1/484); Ibn Majah in: The Chapter on the One Who Marries Off His Daughter While She Is Unwilling, from the Book of Marriage (Sunan Ibn Majah 1/602); al-Darimi in: The Chapter on the Previously Married Woman Whose Father Marries Her Off While She Is Unwilling, from the Book of Marriage (Sunan al-Darimi 2/139); Imam Malik in: The Chapter on Comprehensive Matters Regarding Invalid Marriages, from the Book of Marriage (Al-Muwatta' 2/535); and Imam Ahmad in Musnad 6/328, 329. (7) In the original: "mujtama'" (agreed upon/consensus).
