The condition that she not leave her home and its connection to the marriage of al-musyar
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. The author (may Allah have mercy on him) mentioned in explaining the valid conditions in the marriage contract, or that she not leave her home. You stated that this is a valid condition. Is the intention here the marriage known as al-musyar, where he comes to her in her home, making it valid?
Answer:
No, that is not the husband of al-musyar. This one settles her in his house; he settles her in his house, so her house becomes his house. He comes to her, and her children are there, and she is under his protection, under his financial maintenance, and under his authority. Yes, this al-musyar has no authority over her and no say in her affairs. He has no authority over her and no say in her affairs, and she has no financial maintenance from him, and she has nothing except the satisfaction of desire. So there is a difference between this and that. Yes.
He says: Honorable Shaykh, may Allah grant you success. The author (may Allah have mercy on him) mentioned in explaining the valid conditions in the marriage contract, or that she not leave her home. You stated that this is a valid condition. Is the intention here the marriage known as al-musyar, where he comes to her in her home, making it valid?
Answer:
No, that is not the husband of al-musyar. This one settles her in his house; he settles her in his house, so her house becomes his house. He comes to her, and her children are there, and she is under his protection, under his financial maintenance, and under his authority. Yes, this al-musyar has no authority over her and no say in her affairs. He has no authority over her and no say in her affairs, and she has no financial maintenance from him, and she has nothing except the satisfaction of desire. So there is a difference between this and that. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 080 من 123 / شرح كتاب زاد المستقنع / النكاح / الشورط والعيوب في النكاح / صالح الفوزان / الفقه — youtube.com (51:03)
The Arabic text is a machine transcription of the audio recording.
