There is No Marriage without a Guardian – Sharh as-Sunnah | Dawud Burbank [Audio|En]

Bismillaah

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).]

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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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