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Text and translation
English translation
(28). 2981. Al-Ḥasan reported from Ma'qil bin Yasār that he married his sister to a man among the Muslims during the time of the Messenger of Allāh ﷺ. She remained with him as long as she did, then he divorced her once without taking her back until her Iddah elapsed, but they desired each other again. Then he proposed again. He (Ma'qil) said to him: 'You ingrate! I honored you by marrying her to you, then you divorced her. By Allāh! She will never be returned to you again.' Allāh knew of his need for her and her need for a husband, so Allāh, Blessed and Most High, revealed: 'And when you have divorced women and they have fulfilled the term of their prescribed period...' up to His saying: '...and you do not know.'[2] So when Ma'qil heard that he said:
'I heard my Lord and obey.' Then he called for him and said: 'I marry you, and honor you.'" (Ṣaḥīḥ)
[Abū 'Eisā said:] This Ḥadīth is Ḥasan Ṣaḥīḥ. It has been reported through other routes from Al-Ḥasan, and that is reported from Hasan is Gharīb. And in this Ḥadīth, there is proof that marriage is not allowed without a Wālī, because Ma'qil bin Yasār's sister was not a virgin, so if the matter was up to her, not her Wālī, then she could have married herself, and she would have had no need for Ma'qil bin Yasār to act as the Wālī for her. And Allāh only addressed the Wālī in this Āyah, saying: Do not prevent them from marrying their (former) husbands. – so in this Āyah is the evidence that the authority is with the Wālī in marrying (women) with their consent.
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Footnotes
1
[1] Al-Baqarah 2:223.
2
[2] Al-Baqarah 2:232.
Commentary
In case of the marriage of a widow or divorced woman, the guardian and the woman both are commanded to decide the matter of marriage by mutual consent and agreement. None of the two parties is allowed to do so without the consent of the other party. That is why, sometimes the matter of marriage is referred to the guardians and sometimes to the women in order to make both participate and they should not look to ignore each other.
