your prayer, nor are your women married [to others], for Allah has favored you over us with Muhammad, may Allah bless him and grant him peace, and He placed him among you. And because marriage, in the absence of compatibility, is a disposition over the right of those who may become guardians without their permission, it is therefore invalid, just as if he had married her without her consent. It has been narrated that the Prophet, may Allah bless him and grant him peace, said: "Do not marry women except to their equals, and none shall marry them except their guardians." Al-Daraqutni narrated it, although Ibn 'Abd al-Barr said: This is weak, it has no basis, and such a report is not to be used as an argument. The second narration from Ahmad is that it is not a condition for the marriage. This is the position of the majority of scholars. Something similar has been narrated from Umar, Ibn Mas'ud, Umar ibn Abd al-Aziz, Ubayd ibn Umayr, Hammad ibn Abi Sulayman, Ibn Sirin, Ibn 'Awn, Malik, al-Shafi'i, and the scholars of opinion (Ashab al-Ra'y); due to His saying, the Almighty: {Indeed, the most noble of you in the sight of Allah is the most righteous of you}. Aisha, may Allah be pleased with her, said: Abu Hudhayfah ibn Utbah ibn Rabi'ah adopted Salim, and married him to his niece, Hind bint al-Walid ibn Utbah, and he was a mawla to a woman from the Ansar. Al-Bukhari extracted it. The Prophet, may Allah bless him and grant him peace, ordered Fatimah bint Qays to marry Usamah ibn Zayd, his mawla, and she married him by his command. It is agreed upon. And his father, Zayd ibn Harithah, married the daughter of his paternal aunt.
(7) Extracted by al-Bayhaqi in summary, in: The Chapter on Considering Lineage in Compatibility, from The Book of Marriage. Al-Sunan al-Kubra 7/134. (8) In A, B, and M: "marry them". (9) In A, B, and M, there is an addition: "from". (10) In: The Chapter on the Dowry, from The Book of Marriage. Sunan al-Daraqutni 3/245. As it was also narrated by al-Bayhaqi in: The Chapter on Considering Compatibility, from The Book of Marriage. Al-Sunan al-Kubra 7/133. (11) Surah al-Hujurat: 13. (12) In: The Chapter on Those Who Are Compatible in Religion, from The Book of Marriage. Sahih al-Bukhari 7/9. Also extracted by Abu Dawood, in: The Chapter on Who Is Forbidden by It (Breastfeeding), from The Book of Marriage. Sunan Abi Dawood 1/475. And al-Nasa'i, in: The Chapter on the Freedman Marrying an Arab Woman, from The Book of Marriage. Al-Mujtaba 6/53. And Imam Malik, in: The Chapter on What Came Regarding Breastfeeding After Adulthood, from The Book of Breastfeeding. Al-Muwatta 2/605. (13) Not found in Sahih al-Bukhari. See: Irwa' al-Ghalil 6/264. Its verification was previously provided on 6/307. Added to this: It was extracted by Muslim, in: The Chapter on the Thrice-Divorced Woman Having No Maintenance, from The Book of Divorce. Sahih Muslim 2/1114-1120. And al-Nasa'i, in: The Chapter on the Freedman Marrying an Arab Woman, and The Chapter on a Man Proposing if the [Previous] Suitor Leaves or Is Given Permission, from The Book of Marriage. Al-Mujtaba 6/52, 61. And al-Darimi, in: The Chapter on the Prohibition of a Man Proposing...
