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Text and translation
English translation
1110. Samurah bin Jundab narrated that the Messenger of Allāh ﷺ said: "Whichever woman is given in marriage by two Wali, then her case is in accordance with the first of them, and whoever sells something to two men, then it is for the first of them." (Hasan)
(Abū 'Eisā said:) This Hadīth is Hasan, and this is acted upon according to the people of knowledge. We do not know of any disagreement among them regarding that. When one of two Wali gives her in marriage before the other, then the marriage of the first is accepted, and the marriage of the other is annulled, and if they both gave her in marriage together (meaning; at the same time) then both of them are annulled. This is the view of Ath-Thawrī, Ahmad, and Ishāq.
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Commentary
If two guardians (Wālī), equally responsible in status of guardianship, give a girl in marriage, the first marriage will be accepted as the valid marriage and the second marriage conducted by the second guardian will have no value, and will be invalid. If two guardians are not equal in status of guardianship, the marriage conducted by the nearer guardian will be accepted as the valid marriage. The nearest guardian is father then grandfather then real brother. (For detail see Al-Mughnī v. 9. p. 355-561. For the detail of two guardians see Al-Mughnī v. 16. p.190)
