Benefits of the Hadith: (There is no marriage except with a guardian)
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The Shaykh : Among the benefits of the hadith: First: the invalidity of a marriage without a guardian. Therefore, the guardian is a condition for the validity of the marriage. Evidence for this condition is the saying of Allah, Blessed and Exalted is He: [Al-Baqarah 2:221].
Here, the quadriliteral verb was used, and it did not say "do not marry the polytheists." Look at what the beginning of the verse said: [Al-Baqarah 2:221] Because a man marries a woman himself, whereas a woman does not marry herself. For this reason, it said: meaning: do not marry the believing women to the polytheists until they believe. Thus, the act of marrying was attributed to someone other than the one doing the marrying or to someone other than the one being married.
Also indicating this is the saying of the Exalted:[An-Nur 24:32] Since a slave is married off by his master, here the act of marrying was attributed to someone other than the one being married. This indicates that a guardian is necessary.
Third: the saying of the Exalted:[Al-Baqarah 2:232]. The point of indication is: if the guardian were not a condition, there would be no effect to his obstruction, would there not? Because if he obstructs, he prevents her from marrying herself, and she does not care. If the guardian were not a condition, there would be no effect to his obstruction until he is forbidden from it. These are three verses from the Qur'an, in addition to this hadith. The wisdom behind this, as we mentioned earlier, is that the woman is deficient in intellect, short-sighted, and quick to be moved by emotion, so she cannot take charge of this serious contract, which remains with her for her entire life, except through a guardian.
It is derived from his saying:: that the guardian must be of sound judgment. The point of indication from the hadith is: the benefit for the woman cannot be realized unless the guardian is of sound judgment; otherwise, what is the benefit? The one who is not of sound judgment, his presence is like his absence.
It is also derived from this hadith: the condition that the guardian must be one who has authority over the woman. Accordingly, a disbeliever does not marry off a Muslim woman. Why? A disbeliever does not marry off a Muslim woman because a disbeliever has no authority over a Muslim, even if he is her father; he does not marry her off. Based on this, if her father does not pray and she has an uncle who prays, who is the guardian? The uncle. As for the father, he has no authority because he is a disbeliever, and a disbeliever has no authority over a Muslim.
It is derived from the hadith: if two or more guardians are present, the one with the stronger claim is given priority, which is the closest one. Because we said: the close guardian; the closest is given priority. The point of this is: a ruling that is contingent upon a description or attribute is stronger according to the strength of that description. Every ruling that is contingent upon a description is strengthened according to the strength of that description.
And do not marry polytheistic men [to your women] until they believe
وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّى يُؤْمِنُواmarry
تُنكِحُواAnd do not marry polytheistic women until they believe
وَلَا تَنكِحُوا الْمُشْرِكَاتِ حَتَّى يُؤْمِنَّAnd do not marry
ولا تُنكحواAlso indicating this is the saying of the Exalted:
And marry the unmarried among you and the righteous among your male slaves and female slaves
وأنكحوا الأيامى منكم والصالحين من عبادكم وإمائكمThird: the saying of the Exalted:
do not prevent them from remarrying their [former] husbands
فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّIt is derived from his saying:
except with a guardian
إلا بوليIt is also derived from this hadith: the condition that the guardian must be one who has authority over the woman. Accordingly, a disbeliever does not marry off a Muslim woman. Why? A disbeliever does not marry off a Muslim woman because a disbeliever has no authority over a Muslim, even if he is her father; he does not marry her off. Based on this, if her father does not pray and she has an uncle who prays, who is the guardian? The uncle. As for the father, he has no authority because he is a disbeliever, and a disbeliever has no authority over a Muslim.
It is derived from the hadith: if two or more guardians are present, the one with the stronger claim is given priority, which is the closest one. Because we said: the close guardian; the closest is given priority. The point of this is: a ruling that is contingent upon a description or attribute is stronger according to the strength of that description. Every ruling that is contingent upon a description is strengthened according to the strength of that description.
