Jami' at-Tirmidhi — Hadith #27266

Qutayba bin Saeed narrated to us, Malik bin Anas narrated to us, on the authority of Abdullah bin Al-Fadl, on the authority of Nafi’ bin Jubayr bin Mut’im, on the authority of Ibn Abbas, that the Messenger of God, may God’s prayers and peace be upon him, said: “The slave woman has more right to herself than her guardian, and the virgin asks for permission in herself, and her ears are deaf.” . This is a hasan and authentic hadith. Shu’bah and Sufyan al-Thawri narrated this hadith on the authority of Malik ibn Anas. Some people protested. Concerning the permissibility of marriage without a guardian according to this hadith, and there is nothing in this hadith that they used as evidence because it was narrated in more than one way on the authority of Ibn Abbas. About The Prophet, may God’s prayers and peace be upon him, “There is no marriage except with a guardian.” And this is how Ibn Abbas issued a fatwa on it after the Prophet, may God’s prayers and peace be upon him, and he said, “There is no marriage except with a guardian.” The meaning of the saying of the Prophet, may God bless him and grant him peace: “The mother-in-law has more right to herself than her guardian.” According to most people of knowledge, The guardian does not marry her except with her consent and command. If he marries her, the marriage is annulled, according to the hadith of Khansaa bint Khudham, where her father married her off. She was married, so she disliked that, so the Prophet, may God bless him and grant him peace, annulled his marriage.