Sharh as-Sunnah : Lesson 78 : Points 133
Shaykh Fawzan | Dawud Burbank [Audio|English]
Imaam Barbahaaree rahimahullaah said:
Whichever woman gives herself away in marriage to a man, then she will not be permissible for him. They are both to be punished if he has violated her, unless the marriage is performed with a guardian (walee), two just witnesses and a dower (sadaaq) [1].
NOTES
[1] The Messenger of Allah (sallallaahu alaihi wa sallam) said,
“ There is no marriage without a guardian (walee).”
[Reported by Ahmad, Abu Daawood (Eng. trans. 2/558/no.2080) and at-Tirmidhee.]
Ibn ‘Abaas (radiallaahu anhu) said,
“There is no marriage except with a guardian advising and two just witnesses.”
[Reported by al-Baihaqee, ash-Shaafi’ee in his Musnad and al-Baghaawee in Sharhus-Sunnah (9/45).]
—
Ithaaful-Qaaree bit-Ta`leeqaat `alaa Sharhis-Sunnah
(A Gift To The Reader In Annotation Of Sharh As-Sunnah)
by Shaykh Saalih ibn Fowzaan al-Fowzaan hafizahullaah
Translated by Aboo Talhah Daawood Burbank, rahimahullaah
Posted with kind permission from Dawud Burbank rahimahullaah
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Related Links:
- There is no marriage except with a guardian & two just witnesses & a dower – Sharh as-Sunnah | Shaykh Fawzan | Dawud Burbank [Audio|En] & Transcribed Audio ( Lessons 35 : Point 47) – Must Read !!
- https://abdurrahman.org/marriage-family
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