Who is the one referred to in the verse: “Or the one in whose hand is the bond of marriage forgives”?

The questioner : .

The Shaykh: Yes.

The questioner : Ibn Abi Hazim mentioned this, as Ibn Kathir mentioned in his tafsir. Ibn Abi Hazim narrated from Ibn Lahi’ah, who said: “Umar ibn Shu’ayb narrated to me from his father from his grandfather from the Prophet (peace and blessings be upon him):” And Ibn Abi Hazim said from Isa ibn Asim: “I heard Shurayh say: Ali ibn Abi Talib asked me about the one in whose hand is the bond of marriage, so I said to him: It is the one in authority. Ali said: No, rather it is the husband.” And in this regard, Ibn Abbas, Jubayr ibn Mutt’im, Sa’id ibn al-Musayyib, and a group of the Tabi’un spoke. It was also said that the one in whose hand is the bond of marriage is her father, or her brother, or the one without whose permission she cannot marry. Some who held this view preferred that it is the husband. This is the end of Ibn Kathir’s words. O Shaykh.

The Shaykh: Yes.

The questioner : So, who is the wali of the bond of marriage in your view?

The Shaykh : Read the verse from its beginning to its end.

The questioner: Yes.

The Shaykh : Read the verse from its beginning to its end.

The questioner : I do not remember it, O Shaykh, .

The Shaykh : If you do not remember it, then I am like you; I will recite the verse later, if Allah wills, so that we may reflect on it, since there has been a long disagreement on this issue since ancient times. What is in my mind is that the one in whose hand is the bond of marriage is the one in authority: it is her father, it is her father, it is her paternal uncle, it is her maternal uncle. The one intended is the one about whom the Messenger (peace be upon him) said: So the original wali here is the father, then the closest relative, then the next closest, when the father is not present. Then, as came in the authentic hadith: So the one in authority here varies according to the reality, but the original is the father, who is the wali of the wife. And peace be upon you.

The questioner : And upon you be peace, O Shaykh.

The questioner : We will review your reference to the part and page from al-Zad, and you said we will review the issue.

The Shaykh : What is the rule?

The questioner : That the chapter of benefit is broader than the chapter of sale.

The Shaykh : Yes, whatever was easy for me to review.

The questioner : In “al-Zad al-Mu’ad.”

The Shaykh : Whatever was easy for me to review.

The questioner : Ah, excuse me, our Shaykh.

The Shaykh: Yes.