Combining the hadith “Their joking is serious” with the permission of the virgin in marriage
Machine translationRead the Arabic original
The questioner:
The hadith of the Prophet (peace and blessings be upon him) regarding the three women whose seriousness is serious and whose joking is serious: how is this reconciled with his command (peace and blessings be upon him) to seek the permission of the virgin when she is married? Since what is practiced among the common people is that if a man gives his daughter to someone, the marriage becomes binding and obligatory upon him.
The Shaykh:
Yes.
The questioner:
He says: The hadith of the Prophet (peace and blessings be upon him) states that there are three whose seriousness is serious and whose joking is serious. He asks how this is reconciled with his command (peace and blessings be upon him) to seek the permission of the virgin when she is married? Since what is known among the common people is that if a man gives his daughter to someone, the marriage becomes binding and obligatory upon him.
The Shaykh:
Giving is not the same as the contract. The contract is binding if it is concluded, even if he is joking. If he says, “I have married my daughter,” or “My daughter is yours,” and the other says, “It is done,” then it is valid. Even if they were joking in the mosque, or if he returned to the mosque, or if he was threatening, this does not contradict the saying of the Prophet (Glorified and Exalted is He).
Because the slave is considered a defect, and she retains the option. She retains the option. If she is not satisfied, whether the man is a defect or honorable, she retains the option. If she wishes, she may annul it, and if she wishes, she may proceed. Yes.
The questioner:
Yes.
The Shaykh:
May Allah the Exalted send blessings and peace upon our Prophet Muhammad and upon his family and companions.
The hadith of the Prophet (peace and blessings be upon him) regarding the three women whose seriousness is serious and whose joking is serious: how is this reconciled with his command (peace and blessings be upon him) to seek the permission of the virgin when she is married? Since what is practiced among the common people is that if a man gives his daughter to someone, the marriage becomes binding and obligatory upon him.
The Shaykh:
Yes.
The questioner:
He says: The hadith of the Prophet (peace and blessings be upon him) states that there are three whose seriousness is serious and whose joking is serious. He asks how this is reconciled with his command (peace and blessings be upon him) to seek the permission of the virgin when she is married? Since what is known among the common people is that if a man gives his daughter to someone, the marriage becomes binding and obligatory upon him.
The Shaykh:
Giving is not the same as the contract. The contract is binding if it is concluded, even if he is joking. If he says, “I have married my daughter,” or “My daughter is yours,” and the other says, “It is done,” then it is valid. Even if they were joking in the mosque, or if he returned to the mosque, or if he was threatening, this does not contradict the saying of the Prophet (Glorified and Exalted is He).
Because the slave is considered a defect, and she retains the option. She retains the option. If she is not satisfied, whether the man is a defect or honorable, she retains the option. If she wishes, she may annul it, and if she wishes, she may proceed. Yes.
The questioner:
Yes.
The Shaykh:
May Allah the Exalted send blessings and peace upon our Prophet Muhammad and upon his family and companions.
Source
شرح الكافية الشافية في الانتصار للفرقة الناجية [ القصيدة النونية ] [ صالح الفوزان ]، فصل : في تعين الهجرة من الآراء والبدع إلى سنته كما كانت فرضا من الأمصار إلى بلدته - عليه الصلاة والسلام - — islamhouse.com (1:17:07)
The Arabic text is a machine transcription of the audio recording.