Benefits of the Hadith: (Any woman who marries without the permission of her guardian, her marriage is invalid...)

The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
I think we will take the benefits of the hadith; we have explained the commentary. Among the benefits of the hadith is the hadith of Aisha (may Allah be pleased with her), who said: The Messenger of Allah (peace and blessings be upon him) said: .
Among the benefits of this hadith: First, the invalidity of a woman marrying herself without the permission of her guardian, based on his saying: .
And among the benefits of the hadith: If she appoints a man to marry her, the marriage is also invalid, based on his saying: .
And among its benefits: If the guardian appoints someone to marry her, her marriage is valid, because it was with the permission of her guardian.
And among the benefits of the hadith: There is no difference in expression between "invalid" (batil) and "defective" (fasid), and that the invalid is the defective, based on his saying: . Know that in the terminology of the Lawgiver, there is no difference between invalidity and defectiveness; defectiveness, invalidity, and "khaddaj" (a term for a defective marriage) and the like are all one meaning. However, the jurists (may Allah have mercy on them) are the ones who differed on this matter. According to Abu Hanifah, the invalid is what is prohibited in its essence, and the defective is what is prohibited in its description. Thus, the sale of pork is invalid, and the sale of a sa' of wheat for two sa' of it is defective. Is that clear? And according to the Hanbalis, there is no difference between the invalid and the defective except in two chapters of jurisprudence: the first chapter is Hajj, and the second chapter is marriage. Regarding the first chapter, Hajj, they said: The defective is what involves sexual intercourse before the first state of release (tahallul). This is defective, and yet one must proceed with this defective Hajj and make it up in another year. For example, a man has intercourse with his wife on the night of the Day of Sacrifice at Muzdalifah; here he had intercourse before the first state of release, so his Hajj is defective, and he must proceed with it, complete it, and perform Hajj the following year. As for the invalid, it is what involves apostasy, meaning if a person, may Allah protect us from that, apostatizes during Hajj, his Hajj is invalid and he does not proceed with it. He does not proceed with it because it is nullified, as Allah the Exalted said: . The scholars said: Apostasy nullifies all deeds. As for marriage, they said: The invalid is what the scholars agreed is defective, and the defective is what they differed on. An example of the invalid is the marriage of a woman in her waiting period to a non-mahram, which is prohibited by the consensus of the Muslims, based on His saying: . And an example of the defective is a woman marrying without witnesses; this is defective. There are many examples of the defective; do not think it is scarce in examples. She is married without witnesses, she is married without a guardian, or a man marries a woman from whom he was breastfed once or three times; this is a defective marriage, because the scholars differed on the breastfeeding that is prohibited.
So the important point is: Everything on which the scholars differed is called a defective marriage. It is distinguished from the invalid in that the invalid has no effect, while the ruling of the defective is the ruling of the valid, except in the obligation of separation, for in the defective, separation is obligatory, whereas in the valid, separation is not obligatory. Or in inheritance, for in the defective, there is no inheritance between the spouses, whereas in the valid, there is inheritance. It may also be in other issues. In any case, the well-known position in the Hanbali school is that there is no difference between the defective and the invalid except in two places: in Hajj and in marriage.
This hadith indicates that the defective is called invalid, because in this hadith, if the mentioned scenario occurs, the contract was disputed in its validity, and according to the jurists' rule, it is described as defective. The Prophet (peace and blessings be upon him) described it as invalid, so this indicates that there is no difference in the terminology of the Shari'ah between the defective and the invalid.
Among the benefits of the hadith: If he separates from the woman he married without a guardian before consummation, she is not entitled to the mahr, or she does not receive the full mahr, based on his saying: . If he consummated the marriage, the implication is that if he did not consummate it, she is not entitled to the mahr; she is not entitled to the mahr. But is she entitled to half of it due to seclusion? If he secluded himself with her without intercourse? We say: There is a difference of opinion among the scholars on this. Some said: She is entitled to half the mahr due to the doubt (shubhah). And some said: She is not entitled to it. This is based on whether the criterion is what is in the belief of the person obligated, or the criterion is the actual reality. If we say the criterion is what is in the belief of the person obligated, she has half the mahr, because the husband and wife in this contract believe it is valid, so they are treated according to their belief. If we say the criterion is the actual reality, she has nothing of the mahr, because the actual reality dictates that this contract is as if it does not exist, and therefore inheritance does not follow from it, as you know. However, if he had intercourse with her, the hadith is explicit that she is entitled to the full mahr, because he had intercourse with her believing she was his wife and lawful to him. For this reason, the Prophet (peace and blessings be upon him) said: . The most likely view is that if he secluded himself with her, she is entitled to half the mahr, because he made lawful from her what only a husband makes lawful, based on what? Based on the validity of the contract, on what is in their belief.
Yes, and among the benefits of this hadith: If the guardians differ, the ruler becomes her guardian, based on his saying: . But does the implication of this guardianship mean he performs the contract himself, or that he says to the one who wants to marry her: "Marry her," or to the one who does not want to marry her: "Do not marry her"? The second is more correct, because he becomes the guardian, meaning he takes charge of her and judges between the disputing parties. Stay with us; if they all refuse to marry her, then the guardianship transfers to the ruler. An example of the first one I mentioned, where he judges between them: A woman is proposed to by a man who is not a suitable match (kufu'), but he will offer a lot of money. Her father says: I want to marry her. Her other guardians say: No. They dispute and quarrel, and they return to the ruler. What will the ruler say in this situation? Will he rule for the marriage or against it?
The student: Against the marriage.

The Shaykh : Against the marriage, and the opposite is the opposite: If the suitor is a suitable match, and one guardian says: "Marry her," and the second says: "No," the ruler permits the one who said: "She should be married." If they all refuse to marry her and the suitor is a suitable match, the ruler takes charge of marrying her.
And among the benefits of the hadith: The indication that this Ummah cannot remain without a ruler, based on his saying: . The aspect of this is that not everyone in the Ummah has guardians, and not everyone in the Ummah is free from disputes. So if a dispute occurs or a guardian is absent, who will take charge of the people's affairs except the ruler? For this reason, the scholars said: Appointing an imam is a collective obligation (fard kifayah) on the Muslims generally, and it is not permissible for the Ummah to remain without a ruler. It is established from the Prophet (peace and blessings be upon him): , may Allah protect us from that. And in a narration: . In this issue, some people, may Allah grant us well-being, due to their intense zeal and lack of intellect, renounce the pledge of Islam with the pledge of the imam. They say: I do not recognize this ruler, or I do not recognize this president, or the like. And thus, they die a pre-Islamic death, or they have removed the bond of Islam from their necks, and they face Allah (Mighty and Majestic) while being free from the bond of Islam, because they left the community, and whoever strays strays into the Fire.