The Difference Between the Pillars and the Conditions of a Contract
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, what is the difference between the pillars and the conditions of a contract?
The Shaykh:
Excellent.
The questioner:
Between the pillars and the conditions of a contract.
The Shaykh:
If its pillars are defective, it is invalid, and its status is one of invalidity, and no rulings follow from it. As for the defective contract, it is one whose condition is defective. In other words, the invalid contract is one on which the scholars have agreed regarding its invalidity, such as the marriage to a fifth wife, the marriage of a Muslim man to a disbelieving woman, or the marriage during the waiting period. This is an invalid marriage on which the people of knowledge agree; no one says it is valid. As for the defective marriage, it is the one on which there is disagreement, where some scholars consider it valid, such as a marriage without a guardian. This is defective because the Hanafis consider it valid, while the majority of scholars consider it invalid. This is called a defective marriage. In other words, the concise criterion is: if its pillar is defective, it is invalid, and if its condition is defective, it is defective. Yes.
Honorable Shaykh, what is the difference between the pillars and the conditions of a contract?
The Shaykh:
Excellent.
The questioner:
Between the pillars and the conditions of a contract.
The Shaykh:
If its pillars are defective, it is invalid, and its status is one of invalidity, and no rulings follow from it. As for the defective contract, it is one whose condition is defective. In other words, the invalid contract is one on which the scholars have agreed regarding its invalidity, such as the marriage to a fifth wife, the marriage of a Muslim man to a disbelieving woman, or the marriage during the waiting period. This is an invalid marriage on which the people of knowledge agree; no one says it is valid. As for the defective marriage, it is the one on which there is disagreement, where some scholars consider it valid, such as a marriage without a guardian. This is defective because the Hanafis consider it valid, while the majority of scholars consider it invalid. This is called a defective marriage. In other words, the concise criterion is: if its pillar is defective, it is invalid, and if its condition is defective, it is defective. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 119 من 175 /شرح بلوغ المرام/النكاح/أحاديث في النكاح/صالح الفوزان/الحديث/كبار العلماء — youtube.com (1:14:55)
The Arabic text is a machine transcription of the audio recording.