The Defective Conditions That Invalidate the Marriage Contract
Machine translationRead the Arabic original
The questioner:
Another question asks: What are the defective conditions that invalidate the marriage contract?
The Shaykh:
The defective conditions that invalidate the marriage contract include the marriage of mut'ah? The marriage of mut'ah, and likewise a marriage with the intention of divorce. This invalidates the contract even if it is not explicitly stipulated, but is only in his heart; because marriage is intended for permanence, not merely for a set time, whether the husband and wife both intend it, or he alone intends it. This is not permissible. As for if he explicitly states that it is temporary, that is mut'ah, and there is scholarly consensus on its prohibition. Likewise, the marriage of shighar: if he marries her in order to make her lawful for someone who was passed over by her ex-husband, this is invalid; it is an invalid contract.
The questioner:
If he stipulates a condition regarding something in the future, meaning, for example, if he says, for instance, if her mother comes or something happens, then the marriage contract is invalid,
The Shaykh:
It is not permissible to set a time limit for marriage. Marriage is intended for permanence; it is not temporary, and it is not contingent on a condition. One does not say, "If so-and-so comes, I will marry you my daughter." I have already married you my daughter. It is not permissible to make it contingent on a future event; rather, it is immediate. Yes.
Another question asks: What are the defective conditions that invalidate the marriage contract?
The Shaykh:
The defective conditions that invalidate the marriage contract include the marriage of mut'ah? The marriage of mut'ah, and likewise a marriage with the intention of divorce. This invalidates the contract even if it is not explicitly stipulated, but is only in his heart; because marriage is intended for permanence, not merely for a set time, whether the husband and wife both intend it, or he alone intends it. This is not permissible. As for if he explicitly states that it is temporary, that is mut'ah, and there is scholarly consensus on its prohibition. Likewise, the marriage of shighar: if he marries her in order to make her lawful for someone who was passed over by her ex-husband, this is invalid; it is an invalid contract.
The questioner:
If he stipulates a condition regarding something in the future, meaning, for example, if he says, for instance, if her mother comes or something happens, then the marriage contract is invalid,
The Shaykh:
It is not permissible to set a time limit for marriage. Marriage is intended for permanence; it is not temporary, and it is not contingent on a condition. One does not say, "If so-and-so comes, I will marry you my daughter." I have already married you my daughter. It is not permissible to make it contingent on a future event; rather, it is immediate. Yes.
Source
نور على الدرب - الفوزان - 02/237 — archive.org (11:29)
The Arabic text is a machine transcription of the audio recording.