3

Salaam Alaikum Can you please explain this hadith, using Fath al Bari or any other scholarly opinion?

Allah's Messenger (ﷺ) said, "A lady slave should not be given in marriage until she is consulted, and a virgin should not be given in marriage until her permission is granted." The people said, "How will she express her permission?" The Prophet (ﷺ) said, "By keeping silent (when asked her consent)." Some people said, "If a man, by playing a trick, presents two false witnesses before the judge to testify that he has married a matron with her consent and the judge confirms his marriage, and the husband is sure that he has never married her (before), then such a marriage will be considered as a legal one and he may live with her as husband."

  • 1
    you may give complete source of these 2 things one is a hadees i have heard of but i will still require complete reference. And please elaborate your question more that what you are asking. Jazakallah – Zia Ul Rehman Mughal Jun 28 '16 at 19:05
  • As mentioned please consider giving a focus for your question by pointing at the point which is unclear to you. I still recommend you to take the tour and check the help center to learn how this site is supposed to work. – Medi1Saif Jun 28 '16 at 21:38
  • 1
    Sorry my point is this hadith appears to indicate its ok to trick the sharia court and produce two false witnesses for consent of a girl for marriage even if she refused?! – Abdulllah Jun 30 '16 at 20:18
2

This hadith doesn't say so as "Some people" here is the usual expression of al-Bukhari when referring to the hanafi school of fiqh. This means this part of the text or narration isn't a hadith but a verdict or opinion of the hanafi school! It's an addition. Muslim and other hadith scholars (an-Nasa-i, ibn Majah, abu Dawod, at-Tirmdihi) quoted the same hadith without this addition.
So the part of the narration which is a hadith (the words of our Prophet () which reached us by oral transmission on the authority of abu Hurraira) is the following:

Allah's Messenger (ﷺ) said, "A lady slave should not be given in marriage until she is consulted, and a virgin should not be given in marriage until her permission is granted." The people said, "How will she express her permission?" The Prophet (ﷺ) said, "By keeping silent (when asked her consent)."


If you still look for a quote from a comment of al-Bukhari feel free to ask by comment!

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.