Discussion of the difficulty in the hadith: ( ... I married off my daughter ... )
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The Shaykh : In her saying: "I married off my daughter", and in her saying: "I married off my daughter", there is a difficulty. What is it?
The questioner : ... .
The Shaykh : That she is the one who married her off and that she is her guardian, and it is known that a woman has no guardianship, neither over herself nor over another, and guardianship belongs only to men.[An-Nisa 4:34] So what is the answer to this difficulty?
The student: I say, Shaykh, this statement does not necessitate that she is the one who ... because it is possible that her guardian married off the daughter and she said it, meaning by way of approximation ... .
The Shaykh : Yes.
The student: It is not the case, meaning, otherwise the Messenger of Allah (peace and blessings be upon him) would have rebuked her, or he would not have been pleased that she married ... .
The Shaykh : Did she say "I married off my daughter"?
The student: It does not necessitate on the surface that the guardian, O Shaykh, is the one who married her off.
The Shaykh : Okay, how do we answer regarding this wording?
The student: That it is used, meaning, and that meaning is not intended by it.
The Shaykh : Very well.
The student: ... .
The Shaykh : Yes?
The student: ... "Nikah" has many meanings for her.
The Shaykh : And what is its meaning here?
The student: ... Its meaning here is that I ... or I spoke to the man about her, or ...
The Shaykh : When it is attributed to a woman, he says: "Nikah," when attributed to a woman with a husband, is intercourse, and when attributed to a woman who is not married, it is the contract. Who are you?
The student: ... for her ... great, meaning she permitted the marriage of the daughter. "I married off my daughter" means I permitted her to be married, and this is with the guardian being ... .
The Shaykh : Yes, very well.
The student: It may be the case, O Shaykh.
The Shaykh : What?
The student: It may be by her command, ... that she commands her husband, for example, the command is ... meaning.
The Shaykh : Yes, in any case, the hadith allows for the possibility that it was before guardianship was legislated, or after, or not?
The student: ... .
The Shaykh : It is possible that it was before guardianship was legislated, that a woman marries off her daughter and there is nothing wrong with it; this is a possibility. If we assume that it was after guardianship was legislated, then the meaning of "I married her off" is that she prepared her for marriage, or she permitted her marriage after consulting with her guardian, or by way of approximation, "I married her off" means that I did so, as I said at the beginning, she ... meaning she prepared her and arranged her for marriage. Yes.
The questioner : ... .
The Shaykh : That she is the one who married her off and that she is her guardian, and it is known that a woman has no guardianship, neither over herself nor over another, and guardianship belongs only to men.
Men are in charge of women
الرِّجالُ قَوّامونَ عَلَى النِّساءِThe student: I say, Shaykh, this statement does not necessitate that she is the one who ... because it is possible that her guardian married off the daughter and she said it, meaning by way of approximation ... .
The Shaykh : Yes.
The student: It is not the case, meaning, otherwise the Messenger of Allah (peace and blessings be upon him) would have rebuked her, or he would not have been pleased that she married ... .
The Shaykh : Did she say "I married off my daughter"?
The student: It does not necessitate on the surface that the guardian, O Shaykh, is the one who married her off.
The Shaykh : Okay, how do we answer regarding this wording?
The student: That it is used, meaning, and that meaning is not intended by it.
The Shaykh : Very well.
The student: ... .
The Shaykh : Yes?
The student: ... "Nikah" has many meanings for her.
The Shaykh : And what is its meaning here?
The student: ... Its meaning here is that I ... or I spoke to the man about her, or ...
The Shaykh : When it is attributed to a woman, he says: "Nikah," when attributed to a woman with a husband, is intercourse, and when attributed to a woman who is not married, it is the contract. Who are you?
The student: ... for her ... great, meaning she permitted the marriage of the daughter. "I married off my daughter" means I permitted her to be married, and this is with the guardian being ... .
The Shaykh : Yes, very well.
The student: It may be the case, O Shaykh.
The Shaykh : What?
The student: It may be by her command, ... that she commands her husband, for example, the command is ... meaning.
The Shaykh : Yes, in any case, the hadith allows for the possibility that it was before guardianship was legislated, or after, or not?
The student: ... .
The Shaykh : It is possible that it was before guardianship was legislated, that a woman marries off her daughter and there is nothing wrong with it; this is a possibility. If we assume that it was after guardianship was legislated, then the meaning of "I married her off" is that she prepared her for marriage, or she permitted her marriage after consulting with her guardian, or by way of approximation, "I married her off" means that I did so, as I said at the beginning, she ... meaning she prepared her and arranged her for marriage. Yes.