I do not mention it. Ibn al-Mundhir said: The Prophet (peace and blessings of Allah be upon him) emancipated Safiyyah bint Huyayy and married her without witnesses. Anas ibn Malik (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings of Allah be upon him) purchased a slave girl for seven heads (slaves), and the people said: We do not know whether the Messenger of Allah (peace and blessings of Allah be upon him) married her or made her a mother of his child (umm walad). When he wanted to ride, he veiled her, so they knew that he had married her. This is agreed upon. He said: So they inferred his marriage to her from the veiling. Yazid ibn Harun said: Allah the Almighty commanded witnessing in sale but not in marriage, yet the scholars of the School of Opinion required witnessing for marriage, and did not require it for sale! The argument for the first [position requiring witnesses] is that it was narrated from the Prophet (peace and blessings of Allah be upon him) that he said: "There is no marriage except with a guiding guardian and two just witnesses." Al-Khallal recorded it with his isnad (chain of narration). Al-Daraqutni also narrated from Aisha, from the Prophet (peace and blessings of Allah be upon him), that he said: "There must be four in a marriage: the guardian, the husband, and the two witnesses." Furthermore, the right of someone other than the two contracting parties—namely the child—is linked to it, so witnessing was required for it, lest his father deny him, and his lineage be lost; this is unlike a sale. As for the marriage of the Prophet (peace and blessings of Allah be upon him) without a guardian and without witnesses, this was one of his specific characteristics in marriage, and thus no one else can be equated with him in this regard.
(19) In A and M: "fa-tazawwajaha" (so he married her). (20) See what follows regarding the scholarly analysis of the hadith of his (peace and blessings of Allah be upon him) consummating the marriage with Safiyyah. (21) In M: "Quraysh". (22) Omitted from A and B. (23) Recorded by Al-Bukhari, in: Chapter on the Battle of Khaybar, from the Book of Military Expeditions; and in: Chapter on Taking Concubines and whoever emancipates his slave girl then marries her, Chapter on whoever makes the emancipation of the slave girl her dowry, Chapter on Consummation during travel, and Chapter on the Walimah (wedding feast) even if with a sheep, from the Book of Marriage. Sahih al-Bukhari 5/168, 7/7, 8, 28, 31. Muslim, in: Chapter on the Virtue of Emancipating a Slave Girl then marrying her, from the Book of Marriage. Sahih Muslim 2/1044-1046. Abu Dawud, in: Chapter on the Man who emancipates his slave girl then marries her, from the Book of Marriage. Sunan Abi Dawud 1/474. Al-Tirmidhi, in: Chapter on what has been narrated regarding the man who emancipates a slave girl then marries her, from the Chapters on Marriage. 'Aridat al-Ahwadhi 5/40. Al-Nasa'i, in: Chapter on Marrying on the basis of emancipation, and Chapter on Consummation during travel, from the Book of Marriage. Al-Mujtaba 6/94, 109. Ibn Majah, in: Chapter on the Man who emancipates his slave girl then marries her, from the Book of Marriage. Sunan Ibn Majah 1/629. Al-Darimi, in: Chapter on the Slave girl whose emancipation is made her dowry, from the Book of Marriage. Sunan al-Darimi 2/154. And Imam Ahmad, in: Al-Musnad 3/99, 165, 170, 181, 203, 239, 242, 246, 280, 291. (24) Recorded by Al-Bayhaqi, in: Book of 'There is no marriage except with a guiding guardian', from the Book of Marriage. Al-Sunan al-Kubra 7/124. (25) In: The Book of Marriage. Sunan al-Daraqutni 3/225.
