Benefits of the Hadith: (… Indeed, the most deserving of conditions to be fulfilled is…)

The Shaykh : His statement (peace and blessings be upon him) contains evidence that the marriage contract is valid with conditions, that the marriage contract is valid with conditions, but this general statement is qualified by the statement of the Prophet (peace and blessings be upon him) and by his statement in the famous hadith . Among the examples of this is what was mentioned previously regarding a woman stipulating a condition or a woman asking for the divorce of her sister, whether the condition was made at the time of the contract or during the marriage. The important point is that this general rule is specified by what? By the condition not being contrary to the Shari'ah. If it is contrary to the Shari'ah, then it is not permissible to fulfill it, due to the statement of the Prophet (peace and blessings be upon him) . Now, if someone asks, what is the original ruling? Is the original ruling permissibility and fulfillment of conditions, or the opposite? The answer is the first: the original ruling is the validity of conditions, that they are binding, and that they are the most deserving of conditions to be fulfilled. They are more deserving of fulfillment than the conditions of sale, the conditions of lease, or the conditions of endowment. Fulfilling conditions in marriage is more important and more deserving. Why? Because by it you make lawful a private part that is forbidden, whereas the conditions in sale make lawful the disposal of wealth, for example. And the disposal of wealth is not more severe than making lawful a private part. For this reason, he said . The reason this condition makes the private part lawful is that if a woman stipulates a condition, she will not allow you to make her private part lawful unless you do what? Fulfill this condition. Therefore, the lawfulness of the private parts depends on this condition, so it is the most deserving of conditions to be fulfilled. Yes.