The Conditions and Pillars of the Marriage Contract
Machine translationRead the Arabic original
Question:
This questioner asks, saying: What are the conditions?
Answer:
And the pillars of the marriage contract. Its pillars are the two spouses who are free from impediments, and the offer and acceptance. You have not studied this in the first book of marriage? The two spouses who are free from impediments, and the offer and acceptance. Its conditions are the mutual consent of the two spouses, where each one is pleased with the other, and the witnessing of the contract, meaning there must be witnesses to the contract, and that the contract must be issued by the wali (guardian) of the woman.
And the specification of the two spouses, specifying the two spouses, one for the other. It is said, "So-and-so is your wife, my daughter So-and-so." One does not say only "my daughter"; one says "my daughter So-and-so," specifying her by her name. And the specification of the husband as well: "I have married you to So-and-so," and one does not say "I have married you to the son of So-and-so" or "the child," because he has many children and one does not know which one. No, the two spouses must be specified. These are the conditions. Yes.
The presenter:
May Allah reward you,
This questioner asks, saying: What are the conditions?
Answer:
And the pillars of the marriage contract. Its pillars are the two spouses who are free from impediments, and the offer and acceptance. You have not studied this in the first book of marriage? The two spouses who are free from impediments, and the offer and acceptance. Its conditions are the mutual consent of the two spouses, where each one is pleased with the other, and the witnessing of the contract, meaning there must be witnesses to the contract, and that the contract must be issued by the wali (guardian) of the woman.
And the specification of the two spouses, specifying the two spouses, one for the other. It is said, "So-and-so is your wife, my daughter So-and-so." One does not say only "my daughter"; one says "my daughter So-and-so," specifying her by her name. And the specification of the husband as well: "I have married you to So-and-so," and one does not say "I have married you to the son of So-and-so" or "the child," because he has many children and one does not know which one. No, the two spouses must be specified. These are the conditions. Yes.
The presenter:
May Allah reward you,
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/120 شرح زاد المستقنع/ صالح الفوزان — youtube.com (46:38)
The Arabic text is a machine transcription of the audio recording.