Chapter on the Guardian, Witnesses, Proposal, and Dowry

Muhammad ibn Isma'il ibn Bazi' asked Imam Ali ibn Musa Ar-Ridha عليه السلام 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 عليه السلام replied: "The marriage performed by her father is valid for her."

Ibn Bukayr narrated from Ubayd ibn Zurarah who said: I asked Abu Abdullah عليه السلام about a young girl whose father wishes to marry her to one man, while her grandfather wishes to marry her to another man. Imam عليه السلام said: "The grandfather has more right in this matter if the father has not already married her off before him."

Hisham ibn Salim and Muhammad ibn Hakim narrated from Abu Abdullah عليه السلام who said: "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."

Hanan ibn Sadir narrated from Muslim ibn Bashir, who reported from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام. He said: I asked him about a man who married a woman without witnesses. Imam عليه السلام replied: "As far as what is between him and Allah سبحانه وتعالى, the Exalted, there is nothing against him. However, if a tyrannical ruler were to apprehend him, he would punish him."

It is narrated from Abdul Hamid ibn Awad, who reported from Abdul Khaliq, that he said: I asked Abu Abdullah عليه السلام 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."

It is narrated by Dawood ibn Sirhan from Abu Abdullah عليه السلام that he said 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."

It is narrated by Al-Fudhayl ibn Yasar, Muhammad ibn Muslim, Zurara, and Burayd ibn Muawiyah from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام who said: "A woman who has control over herself, is neither foolish nor under guardianship, her marriage without a guardian is permissible."

When Abu Talib عليه السلام, may Allah سبحانه وتعالى have mercy upon him, arranged the marriage of the Prophet Muhammad (peace and blessings be upon him and his family) to Khadijah bint Khuwaylid صلى الله عليه وعلى آله وسلم, may Allah سبحانه وتعالى have mercy upon her, after proposing to her through her father, or as some say, through her uncle. Abu Talib عليه السلام, stood by the doorposts, addressing the gathering of Quraysh who were present. Abu Talib عليه السلام began by praising Allah سبحانه وتعالى, saying: "All praise is due to Allah سبحانه وتعالى, 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 سبحانه وتعالى has made us the rulers over the people in our land. My nephew, Muhammad ibn Abdullah ibn Abdul-Muttalib صلى الله عليه وعلى آله وسلم, cannot be compared to any man of Quraysh except that He صلى الله عليه وعلى آله وسلم surpasses them in virtue, nor can He صلى الله عليه وعلى آله وسلم be equated with anyone except that He صلى الله عليه وعلى آله وسلم holds greater honor than them. Though He صلى الله عليه وعلى آله وسلم may possess little wealth, wealth is merely a fleeting provision and a transient shade. He صلى الله عليه وعلى آله وسلم has an interest in Khadijah صلى الله عليه وعلى آله وسلم, and she صلى الله عليه وعلى آله وسلم has an interest in Him عليه السلام. The dowry, whether its immediate or deferred portion, will be paid from my wealth. He صلى الله عليه وعلى آله وسلم holds a great position, a lofty status, and an eloquent and persuasive tongue." Following this address, Khadijah صلى الله عليه وعلى آله وسلم was married to the Prophet (peace and blessings be upon him and his family), and He صلى الله عليه وعلى آله وسلم consummated the marriage the following day. The first child she صلى الله عليه وعلى آله وسلم bore for Him صلى الله عليه وعلى آله وسلم was Abdullah ibn Muhammad (peace and blessings be upon him and his family).

When Imam Abu Ja'far Muhammad ibn Ali al-Ridha عليه السلام married the daughter of al-Ma'mun, Imam عليه السلام delivered the following sermon for himself: "All praise is due to Allah سبحانه وتعالى, the Completer of blessings through His سبحانه وتعالى mercy, and the Guide to gratitude through His سبحانه وتعالى favor. May Allah سبحانه وتعالى send blessings upon Muhammad صلى الله عليه وعلى آله وسلم, the best of His سبحانه وتعالى creation, in whom He سبحانه وتعالى gathered all virtues that He سبحانه وتعالى distributed among the previous messengers, and He سبحانه وتعالى entrusted his inheritance to those whom He سبحانه وتعالى chose for his succession. May Allah سبحانه وتعالى 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 سبحانه وتعالى, 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 سبحانه وتعالى (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 عليه السلام said: "I accept, and I am satisfied."

Imam Jafar ibn Muhammad Al-Sadiq عليه السلام said: "Whoever marries a woman and does not intend to pay her dowry is, in the sight of Allah سبحانه وتعالى, the Almighty and Glorious, considered a fornicator."

Imam Ali ibn Abi Talib عليه السلام said: "Indeed, the most deserving of conditions to be fulfilled are those by which you make lawful access to private parts."