2097 - Muhammad ibn 'Ubayd narrated to us, Hammad ibn Zayd narrated to us, from Ayyub, from 'Ikrimah, from the Prophet, peace and blessings be upon him, with this hadith (1).

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And the author of "al-Jawhar al-Naqi" (7/114) said: His statement, peace and blessings be upon him: "Do not marry the virgin until she gives her consent" is evidence that the father nor anyone else may compel a mature virgin. The commentator of "al-'Umdah" said: This is the school of Abu Hanifah, and his adherence to the hadith is strong, because it is closer to generality in the word "virgin." It may be added further by saying: seeking permission only applies to one who has the capacity to give permission, and a minor has no permission, so she is not included in the intended meaning, and the hadith is specific to those who have reached maturity, making it closer to the intended application.

And Ibn al-Mundhir said: It is a general statement — meaning the aforementioned hadith — and whoever contracts marriage contrary to what the Messenger of Allah, peace and blessings be upon him, legislated, his contract is void. And his statement, peace be upon him, in the hadith of Ibn 'Abbas: "And the virgin — her father seeks her permission" is explicit that the father does not compel the mature virgin.

And in "al-Tamhid" (19/100): Abu Hanifah, his companions, al-Thawri, al-Awza'i, al-Hasan ibn Hayy, Abu Thawr, and Abu 'Ubayd said: It is not permissible for the father to marry off his mature daughter, whether virgin or previously married, except with her permission — and the unmarried woman who has no husband, whether virgin or previously married. So the hadith "The previously married woman has more right to herself" and the hadith "Do not marry the virgin until she is consulted" are both general, and from them the minor is excluded by the story of 'A'ishah.

(1) Its narrators are trustworthy, but it is mursal (incomplete chain), and by this the preceding connected narration was declared defective here by the author, as well as by Abu Hatim, al-Daraqutni, and al-Bayhaqi. However, several imams have declared the connected version authentic, and that is correct. Ibn al-Qattan said in "al-Wahm wa al-Iham" (2/250) regarding the hadith of Ibn 'Abbas: It is authentic, and it does not harm it that some of its narrators transmitted it as mursal, when one who is trustworthy has transmitted it as connected. It might be thought that Jarir ibn Hazim was alone among Ayyub's narrators in connecting it with the addition of Ibn 'Abbas, but that is not so — rather, Zayd ibn Hibban also narrated it from Ayyub in that manner, and it was also narrated from al-Thawri from Ayyub in that manner.

And Ibn al-Turkumani said in "al-Jawhar al-Naqi" (7/117): Jarir ibn Hazim is trustworthy and eminent, and he added the raising (to the Prophet), so the mursal transmission of those who sent it does not harm him — especially since al-Thawri and Zayd ibn Hibban followed him, narrating it from Ayyub likewise as raised.

And Ibn al-Qayyim said in "Tahdhib al-Sunan" (3/40): According to the method of al-Bayhaqi, most jurists, and all scholars of usul, this is an authentic hadith, because Jarir ibn Hazim is trustworthy and reliable and he connected it. And they say: the addition of a trustworthy narrator is accepted — so why is it accepted in one place, indeed in most places that agree with the school of the one who follows blindly, and rejected in a place that contradicts his school?! They have accepted the addition of a trustworthy narrator in more than two hundred =