What is the ruling on one who marries in jest?
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The Shaykh: Yes.
The questioner : A problem arose. Some of our young brothers were visiting a house where a birth had taken place. His wife had given birth to a girl. In any case, he said, "Marry me to her." He said, "I have married you to her," in jest. So there was a disagreement among them, saying that...The Shaykh : ...he said that this marriage took place, so he must divorce her. Some people were surprised by this, saying, "She is a child only one week old; how could a marriage take place?" As long as he told her father, "Marry me to her," and he said, "I have married you to her," then this marriage has taken place?
The Shaykh : If the pillars of the marriage contract are fulfilled in a manner of jest, then the marriage has taken place. One of its pillars is the witnesses. That is, it is not sufficient for the girl's guardian to marry his daughter to one of the young men in jest. It is not sufficient for the marriage to take place. It is necessary that the witnesses testify. That is, as part of the completion of the role-play, as part of the completion of the role-play, they must testify to the marriage of the girl's guardian to that young man. Then she must consent to it if she has reached the age of maturity. If these conditions are fulfilled, the claim that it was jest is not accepted. Do you understand? This is what we say.
The questioner : If the witnesses refuse to testify, is it possible, or is it obligatory for them to testify?
The Shaykh : How is it obligatory? I say that as part of the completion of the role-play, as part of the completion of the role-play, the witnesses testified. Here, the issue of obligation or non-obligation is not applicable. That is, suppose the marriage is real; what would compel the witnesses to testify?!
The questioner : So, does the matter not depend on consent or lack of consent?
Al-Halabi : I have another question regarding the issue of witnesses: Shaykh, I recall a similar case regarding the attestation of divorce, where it is not sufficient for the witnesses to merely be present, but it is necessary that they be called to testify, meaning that they are alerted to the testimony.
The Shaykh : Yes, that is it. So what is the meaning of witnesses? The intention is not mere presence; the intention is testimony.
Al-Halabi : Yes, that is what I mean. That is, they testify while knowing that a marriage is being performed now. As for, "By Allah, I have married you to such-and-such," there is no...
The questioner : A problem arose. Some of our young brothers were visiting a house where a birth had taken place. His wife had given birth to a girl. In any case, he said, "Marry me to her." He said, "I have married you to her," in jest. So there was a disagreement among them, saying that...The Shaykh : ...he said that this marriage took place, so he must divorce her. Some people were surprised by this, saying, "She is a child only one week old; how could a marriage take place?" As long as he told her father, "Marry me to her," and he said, "I have married you to her," then this marriage has taken place?
The Shaykh : If the pillars of the marriage contract are fulfilled in a manner of jest, then the marriage has taken place. One of its pillars is the witnesses. That is, it is not sufficient for the girl's guardian to marry his daughter to one of the young men in jest. It is not sufficient for the marriage to take place. It is necessary that the witnesses testify. That is, as part of the completion of the role-play, as part of the completion of the role-play, they must testify to the marriage of the girl's guardian to that young man. Then she must consent to it if she has reached the age of maturity. If these conditions are fulfilled, the claim that it was jest is not accepted. Do you understand? This is what we say.
The questioner : If the witnesses refuse to testify, is it possible, or is it obligatory for them to testify?
The Shaykh : How is it obligatory? I say that as part of the completion of the role-play, as part of the completion of the role-play, the witnesses testified. Here, the issue of obligation or non-obligation is not applicable. That is, suppose the marriage is real; what would compel the witnesses to testify?!
The questioner : So, does the matter not depend on consent or lack of consent?
Al-Halabi : I have another question regarding the issue of witnesses: Shaykh, I recall a similar case regarding the attestation of divorce, where it is not sufficient for the witnesses to merely be present, but it is necessary that they be called to testify, meaning that they are alerted to the testimony.
The Shaykh : Yes, that is it. So what is the meaning of witnesses? The intention is not mere presence; the intention is testimony.
Al-Halabi : Yes, that is what I mean. That is, they testify while knowing that a marriage is being performed now. As for, "By Allah, I have married you to such-and-such," there is no...
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