How do we reconcile the saying of the Prophet (peace and blessings be upon him) (The difference between marriage and fornication is the beating of the drum) with your statement that publicizing the marriage is not a condition?

The questioner : The brother says that in your speech, it was mentioned that publicizing the marriage is not a condition. So how do we understand the saying of the Messenger of Allah (peace and blessings be upon him) ?

The Shaykh : No one denies this, but I think the questioner either means what he says, or does not mean what he says, or does not know what he says. If it is said that beating the drum is a condition, that would mean that any contract in which the first and second conditions are met is invalid. No scholar of Islam says that. But this hadith and similar ones that command the publicizing of the marriage are obligatory to implement, not a condition. So we must distinguish between what is a condition and what is an obligation. Every condition is an obligation, but not every obligation is a condition. This falls into that category. It is recommended to beat the drum because the Messenger (peace and blessings be upon him) emphasized it, but if one does not do so, he has fallen short in fulfilling this obligation. As for the contract, it is valid. Yes.