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Text and translation
English translation
1108. Ibn 'Abbās narrated that the Messenger of Allāh ﷺ said: "The matron has more right to herself than her Wali, and the virgin is to give permission for herself, and her silence is her permission." (Sahih)
This Hadith is Hasan Sahih. Shu'bah and Sufyān Ath-Thawrī have reported this Hadith from Mālik bin Anas.
Some people argued for the validity of marriages without the Wali's permission based upon this Hadith. But there is nothing in this Hadith to support what they argued, because it has been reported from other routes, from Ibn 'Abbās, that the Prophet ﷺ said: "There is no marriage except
with a Wali.” And Ibn ‘Abbās gave a verdict accordingly, after the Prophet ﷺ; he said: “There is no marriage except with a Wali.” So the saying of the Prophet ﷺ: “The matron has more right to herself than her Wali” only means – according to most of the people of knowledge – that her Wali may not give her in marriage except with her acceptance and her approval, and if he were to give her in marriage then the marriage would be annulled. This is based upon the Hadith of Khansā’ bint Khidām, in which her father married her while she was a matron, and she did not like that, so the Prophet ﷺ rejected her marriage.
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Commentary
“Al-Ayyim” means a woman who has no husband. Allāh’s command is to marry those women who have no husbands but this Al-Ayyim stands for women who are divorced or widowed. In a narration of Ṣaḥīḥ Muslim the word ‘Thyyib’ has occurred which is used for the opposite of married.
