The Defective Conditions That Invalidate the Marriage Contract
Machine translationRead the Arabic original
Question:
He asked about the defective conditions that invalidate the marriage contract?
Answer:
The invalid conditions that render a marriage contract void, as if he is asking about invalid marriages? Marrying a woman during her waiting period after a divorce other than the final one is invalid. Likewise, marriage by exchange (shighar), as mentioned previously, is an invalid marriage. Likewise, marrying more than four women is invalid; if a man marries more than four, this is an invalid contract. Likewise, temporary marriage (mut'ah) is invalid. Likewise, marriage for the purpose of facilitating remarriage (tahlil) is invalid. This is when a man divorces his wife three times, and she becomes permanently forbidden to him, so she is not lawful for him thereafter. If he divorces her, meaning the third time,[Al-Baqarah 2:230] meaning the second husband [Al-Baqarah 2:230], and then someone marries her with the intention of making her lawful for her first husband, this is an invalid marriage. This is the borrowed goat that is cursed, as mentioned in the hadith. Yes.
The presenter:
May Allah reward you,
He asked about the defective conditions that invalidate the marriage contract?
Answer:
The invalid conditions that render a marriage contract void, as if he is asking about invalid marriages? Marrying a woman during her waiting period after a divorce other than the final one is invalid. Likewise, marriage by exchange (shighar), as mentioned previously, is an invalid marriage. Likewise, marrying more than four women is invalid; if a man marries more than four, this is an invalid contract. Likewise, temporary marriage (mut'ah) is invalid. Likewise, marriage for the purpose of facilitating remarriage (tahlil) is invalid. This is when a man divorces his wife three times, and she becomes permanently forbidden to him, so she is not lawful for him thereafter. If he divorces her, meaning the third time,
then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her
فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ فَإِن طَلَّقَهَاthere is no blame upon the woman and her former husband for returning to each other
فَلَا جُنَاحَ عَلَيْهِمَا أَن يَتَرَاجَعَاThe presenter:
May Allah reward you,
Source
نور على الدرب - الفوزان - 02/252 — archive.org (9:39)
The Arabic text is a machine transcription of the audio recording.