Addendum to the benefits of the hadith: (There is no marriage except with a guardian)
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The Shaykh : And on this basis, if a full paternal uncle and a full brother are present, who marries her off? The full brother, because he is more entitled to her than her uncle due to his closer kinship. And thus, we need to know the order of these guardians. We say: The order of these guardians is like their order in inheritance, except for fatherhood and sonship. In the chapter of marriage, fatherhood takes precedence over sonship for two reasons:
First: It is a necessary requirement in the case of an unmarried woman. Why? Because sonship is impossible in her case while she is an unmarried woman.
Second: If she is a widow or divorced woman and has children and a father, the father is generally more knowledgeable and more compassionate toward his daughter than the son is toward his mother. Therefore, the father is given precedence over the son in the guardianship of marriage, even though in inheritance the son is given precedence over the father as a residuary heir. If a person dies leaving behind a father and a son, we say: The father gets one-sixth, and the rest goes to the son as a residuary heir.
Now, if it happens that the closest guardian is not qualified for guardianship, or if he obstructs the marriage, we move to the next one in order of precedence. If the father refuses to marry off his daughters because they are teachers and he exploits their remaining unmarried status to obtain money and seek a suitable match for them, does their paternal uncle marry them off?
The student: Yes.
The Shaykh : Yes, their paternal uncle marries them off, or someone closer to them, such as a brother, for example.
Then the author (may Allah have mercy on him) said: “Imam Ahmad narrated from al-Hasan from Imran ibn Husayn, traced to the Prophet:Musannaf Ibn Abi Shaybah 6:20”.
But this hadith is weak due to the addition of the two witnesses. As for the first part,Sunan Ibn Majah 1880Sahih (Darussalam) it is authentic, and it has a corroborating narration from the hadith of Ayyub (may Allah be pleased with him).
First: It is a necessary requirement in the case of an unmarried woman. Why? Because sonship is impossible in her case while she is an unmarried woman.
Second: If she is a widow or divorced woman and has children and a father, the father is generally more knowledgeable and more compassionate toward his daughter than the son is toward his mother. Therefore, the father is given precedence over the son in the guardianship of marriage, even though in inheritance the son is given precedence over the father as a residuary heir. If a person dies leaving behind a father and a son, we say: The father gets one-sixth, and the rest goes to the son as a residuary heir.
Now, if it happens that the closest guardian is not qualified for guardianship, or if he obstructs the marriage, we move to the next one in order of precedence. If the father refuses to marry off his daughters because they are teachers and he exploits their remaining unmarried status to obtain money and seek a suitable match for them, does their paternal uncle marry them off?
The student: Yes.
The Shaykh : Yes, their paternal uncle marries them off, or someone closer to them, such as a brother, for example.
Then the author (may Allah have mercy on him) said: “Imam Ahmad narrated from al-Hasan from Imran ibn Husayn, traced to the Prophet:
There is no marriage except with a guardian and two witnesses
لا نكاح إلا بولي وشاهدينBut this hadith is weak due to the addition of the two witnesses. As for the first part,