And it has conditions: the first of them is specifying the two spouses. If the guardian pointed to the wife, or named her, or described her by a distinguishing characteristic, or said,
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The Shaykh : Then the author (may Allah have mercy on him) said: "And it has conditions". It, meaning the marriage contract, has conditions. Know that conditions are divided into several categories: conditions for validity, conditions for sufficiency, and conditions for perfection. However, this does not concern us in this context. What concerns us is knowing the difference between the conditions of the marriage contract and the conditions within the marriage contract. The conditions of the marriage contract are restrictions established by the Shari'ah that cannot be invalidated. The conditions within the marriage contract are restrictions established by the contracting parties that can be invalidated. The second difference is that the validity of the marriage contract depends on the conditions of the marriage contract, while its binding nature depends on the conditions within the marriage contract. So the difference is from two aspects: first, the conditions of the marriage contract are restrictions established by the Lawgiver that cannot be invalidated, whereas the conditions within the marriage contract are conditions established by the contracting parties, namely the husband and wife, and they can be invalidated because whoever has the condition has the right to cancel it. Which one are we discussing here? The conditions of the marriage contract, upon which its validity depends.
He says: "The first of them is specifying the two spouses". Yes, it is necessary to specify the two spouses because this is a great status that entails lineage, inheritance, and rights. Therefore, it is necessary to specify the two spouses, either by name or by a description that distinguishes them from others. By name, for example, saying, "I give you my daughter Aisha in marriage." This is a name, provided she does not have a sister with this name. By a description that distinguishes her, such as, "I give you my eldest daughter in marriage," "I give you my youngest daughter in marriage," or "I give you my middle daughter in marriage." Pay attention to the last one. "I give you my eldest daughter in marriage" is valid; he specified her because she is the eldest. "The youngest" specifies her, or does it not? Because she is the youngest. "The middle one"? There is a detail: if there are three, the middle one is specified. If there are more, the middle one is not specified, even up to five, the middle one is specified because the middle one is between the two ends, so we do not know if she is the second, third, or fourth. But yes, if he said "the middle one" by number, then the fifth would be specified. That is fine, and Allah knows best.
He says: "The first of them is specifying the two spouses". Yes, it is necessary to specify the two spouses because this is a great status that entails lineage, inheritance, and rights. Therefore, it is necessary to specify the two spouses, either by name or by a description that distinguishes them from others. By name, for example, saying, "I give you my daughter Aisha in marriage." This is a name, provided she does not have a sister with this name. By a description that distinguishes her, such as, "I give you my eldest daughter in marriage," "I give you my youngest daughter in marriage," or "I give you my middle daughter in marriage." Pay attention to the last one. "I give you my eldest daughter in marriage" is valid; he specified her because she is the eldest. "The youngest" specifies her, or does it not? Because she is the youngest. "The middle one"? There is a detail: if there are three, the middle one is specified. If there are more, the middle one is not specified, even up to five, the middle one is specified because the middle one is between the two ends, so we do not know if she is the second, third, or fourth. But yes, if he said "the middle one" by number, then the fifth would be specified. That is fine, and Allah knows best.