English translation
1102. 'Aishah narrated that the Messenger of Allāh ﷺ said: "Whichever woman marries without the permission of her Wali her marriage is invalid, her marriage is invalid, her marriage is invalid. If he entered into her, then the Mahr is for her in lieu of what he enjoyed from her private part. If they disagree, then the Sultān is the Wali for one who has no Wali." (Hasan) (Abū 'Eisā said:) This is a Hasan Hadīth. Yahya bin Sa'eed Al-Anṣārī, Yahya bin Ayyūb, Sufyān Ath-Thawrī and others among the Huffāẓ had reported similar from Ibn Jurāij. (Abū 'Eisā said:) There is some disagreement with regard to the (previous) Hadīth of Abū Mūsā. It was reported by Isrā'īl, Sharīk bin 'Abdullāh, Abū 'Awānah, Zuhair bin Mu'āwiyah, and Qais bin Ar-Rabī (all of them) from Abū Ishāq, from Abū Burdah, from Abū Mūsā, from the Prophet ﷺ. Asbāt bin Muḥammad and Zaid bin Ḥubāb reported it from Yūnus bin Abī Ishāq, from Abū Ishāq, from Abū Buradah, from Abū Mūsā, from the Prophet ﷺ. Abū 'Ubaidah Al-Ḥaddād reported it from Yūnus bin Abī Ishāq, from Abū Burdah, from Abū Mūsā, from the Prophet ﷺ and it is similar, but he did not mention “from Abū Ishāq” in it. It has also been reported from Yūnus bin Abī Ishāq, (from Abū Ishāq), from Abū Burdah, (from Abū Mūsā), from the Prophet ﷺ. Shu'bah and Ath-Thawrī reported from Abū Ishāq, (from Abū Mūsā), from the Prophet ﷺ: “There is no marriage except with a Wali.” Some of the companions of Sufyān mentioned it from Sufyān, from Abū Ishāq, from Abū Burdah, from Abū Mūsā, but that is not correct. These people who reported from Abū Ishāq, from Abū Burdah, from Abū Mūsā, from the Prophet ﷺ: “There is no marriage except with a Wali” – they heard from Abū Ishāq during different times, even though Shu'bah and Ath-Thawrī have better memories and are more reliable than all of these who reported this Hadīth from Abū Ishāq, even still, the narrations of these people are more appropriate and correct to me. This is because Shu'bah and Ath-Thawrī heard this Hadīth from Abū Ishāq in one sitting. What proves this is what has been narrated to us by Maḥmūd bin Ghailān: (He said:), “Abū Dāwūd narrated to us: (He said) ‘Shu'bah informed us, he said: “I heard Sufyān Ath-Thawrī ask Abū Ishāq: ‘Did you hear Abū Burdah saying: “The Messenger of Allāh ﷺ said: ‘There is no marriage except with a Wali’? He said: “Yes.” So this narration proves that Shu'bah and Ath-Thawri heard this Hadith (from Makhul) at the same time, while Isra'il is (trustworthy and) reliable in the case of Abu Ishaq. I heard Abu Musā Muhammad bin Al-Muthanna saying: "I heard 'Abdur-Rahmān bin Mahdi saying; 'I only left the (Hadith) of Sufyan Ath-Thawri from Abu Ishaq because I relied on Isra'il for it, since he narrated it in a more complete fashion." The Hadith on this topic from 'Aishah, from the Prophet ﷺ: "There is no marriage except with a Wali" is a Hasan Hadith to me, it was reported by Ibn Juraj from Sulaiman bin Musā, from Az-Zuhri, from 'Urwah, from 'Aishah, from the Prophet ﷺ. It was reported by Al-Hajjaj bin Artaḥ and Ja'far bin Rabi'ah from Az-Zuhri, from 'Urwah, from 'Aishah, from the Prophet ﷺ. And it was reported from Hisham bin 'Urwah from his father, from 'Aishah, from the Prophet ﷺ, similarly. Some of the people of Hadith have criticized the narration of Az-Zuhri from 'Urwah, from 'Aishah, from the Prophet ﷺ. Ibn Juraj said: "Then I met Az-Zuhri and asked him about it, and he rejected it." So they considered this Hadith weak because of this. It has been mentioned that Yahya bin Ma'in said: "This statement from Ibn Jurajj has not been mentioned by anyone but Ismā'il bin Ibrāhīm." Yahya bin Ma'in said: "The case of Ismā'il bin Ibrāhīm hearing from Ibn Jurajj is not well established; he only corrected his books according to the books of 'Abdul-Majīd bin 'Abdul-'Azīz bin Abī Rawwād, but he (Ismā'il) did not hear from Ibn Jurajj." So Yahya graded the narrations of Ismā'il from Ibn Jurajj weak. On this topic, the Hadīth of the Prophet ﷺ: "There is no marriage except with a Wali" is acted upon according to the people of knowledge among the Companions of the Prophet ﷺ. Among them are 'Umar bin Al-Khaṭṭāb, 'Alī bin Abī Tālib, 'Abdullāh bin 'Abbās, Abū Hurairah, and others. Similarly, it has been reported from some of the Fuqahā' among the Tabī'in saying: "There is no marriage except with a Wali." Among them were Sa'eed bin Al-Musayyab, Al-Ḥasan Al-Baṣri, Shuraih, Ibrāhīm An-Nakha'i, 'Umar bin 'Abdul-'Azīz, and others. This is the view of Sufyān Ath-Thawrī, Al-Awzā'i, Mālik, 'Abdullāh bin Al-Mubārak, Ash-Shāfi'i, Aḥmad, and Ishāq.