Chapter on the Guardian, Witnesses, Proposal, and Dowry

Hadith.4391 - Muhammad ibn Isma'il ibn Bazi' asked Imam Ali ibn Musa Ar-Ridha (as) about a young girl who was married off by her father, and then the father died while she was still a child. When she grew older, before her husband consummated the marriage, does the marriage remain valid, or is the matter in her hands? Imam (as) replied: "The marriage performed by her father is valid for her."

I asked Abu Abdullah (as) about a young girl whose father wishes to marry her to one man, while her grandfather wishes to marry her to another man. Imam (as) said: "The grandfather has more right in this matter if the father has not already married her off before him."

"If the father and the grandfather both arrange the marriage, the marriage arranged by the first one will take precedence. However, if both arranged the marriage simultaneously, then the grandfather has greater authority."

I asked him about a man who married a woman without witnesses. Imam (as) replied: "As far as what is between him and Allah (swt), the Exalted, there is nothing against him. However, if a tyrannical ruler were to apprehend him, he would punish him."

I asked Abu Abdullah (as) about a previously married woman (thayyib) who arranges her own marriage proposal. He replied: "She has full authority over herself. She may entrust her affairs to whomever she wishes, provided he is a suitable match, as long as she has been married to a husband prior to this."

regarding a man who wishes to arrange the marriage of his sister: "He should consult her. If she remains silent, it is her consent, but if she refuses, he should not marry her off. If she says, 'Marry me to so-and-so,' then he should marry her to someone she approves of. As for an orphan girl under the care of a man, he should not marry her off except to someone she is pleased with."

"A woman who has control over herself, is neither foolish nor under guardianship, her marriage without a guardian is permissible."

Hadith.4398 - When Abu Talib (as), may Allah (swt) have mercy upon him, arranged the marriage of the Prophet Muhammad (peace and blessings be upon him and his family) to Khadijah bint Khuwaylid {s.a}, may Allah (swt) have mercy upon her, after proposing to her through her father, or as some say, through her uncle. Abu Talib (as), stood by the doorposts, addressing the gathering of Quraysh who were present. Abu Talib (as) began by praising Allah (swt), saying: "All praise is due to Allah (swt), who made us from the progeny of Ibrahim and the descendants of Isma'il, who established for us a sacred house that is frequented (by pilgrims) and a secure sanctuary to which the fruits of all things are brought. He (swt) has made us the rulers over the people in our land. My nephew, Muhammad ibn Abdullah ibn Abdul-Muttalib (sw), cannot be compared to any man of Quraysh except that He (sw) surpasses them in virtue, nor can He (sw) be equated with anyone except that He (sw) holds greater honor than them. Though He (sw) may possess little wealth, wealth is merely a fleeting provision and a transient shade. He (sw) has an interest in Khadijah {s.a}, and she {s.a} has an interest in Him (as). The dowry, whether its immediate or deferred portion, will be paid from my wealth. He (sw) holds a great position, a lofty status, and an eloquent and persuasive tongue." Following this address, Khadijah {s.a} was married to the Prophet (peace and blessings be upon him and his family), and He (sw) consummated the marriage the following day. The first child she {s.a} bore for Him (sw) was Abdullah ibn Muhammad (peace and blessings be upon him and his family).

Hadith.4399 - When Imam Abu Ja'far Muhammad ibn Ali al-Ridha (as) married the daughter of al-Ma'mun, Imam (as) delivered the following sermon for himself: "All praise is due to Allah (swt), the Completer of blessings through His (swt) mercy, and the Guide to gratitude through His (swt) favor. May Allah (swt) send blessings upon Muhammad (sw), the best of His (swt) creation, in whom He (swt) gathered all virtues that He (swt) distributed among the previous messengers, and He (swt) entrusted his inheritance to those whom He (swt) chose for his succession. May Allah (swt) grant him peace and blessings in abundance. Here stands (your political ruler) Commander of Faithful, who has married me to his daughter in accordance with what Allah (swt), the Almighty and Glorious, has ordained for Muslim women over believing men, either to retain them honorably or to release them kindly. I have offered her as a dowry what the Messenger of Allah (swt) (peace and blessings be upon him and his family) offered to his wives, which is twelve uqiyyah and a nashsh (approximately 500 dirhams). And I have added to it, from my own wealth, one hundred thousand (dirhams). O' (political ruler) Commander of the Faithful, you have married her to me, have you not?" He (al-Ma'mun) replied: "Yes." Imam (as) said: "I accept, and I am satisfied."

Hadith.4400 - Imam Jafar ibn Muhammad Al-Sadiq (as) said: "Whoever marries a woman and does not intend to pay her dowry is, in the sight of Allah (swt), the Almighty and Glorious, considered a fornicator."

Hadith.4401 - Imam Ali ibn Abi Talib (as) said: "Indeed, the most deserving of conditions to be fulfilled are those by which you make lawful access to private parts."