Continuation of the explanation of the author's statement: "And it has conditions: the first 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 : In the name of Allah, the Most Gracious, the Most Merciful. All praise is due to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions, and those who follow them with excellence until the Day of Judgment.
The author says "It has conditions", meaning that the marriage contract has conditions, just as other contracts and acts of worship do. This is part of the wisdom of the Shari'ah that matters are regulated by their conditions and the descriptions appropriate to the rulings. Therefore, you will find that ritual purity has conditions, prayer has conditions, zakah has conditions, fasting has conditions, and Hajj has conditions. And these conditions differ according to what they are prescribed for, because the Islamic Shari'ah is a Shari'ah of regulation and precision from the Wise, the Knowing, Mighty and Majestic. So there must be conditions, among which is specifying the two spouses. Previously, it was mentioned that specification is done by one of three, or rather four, things: her specific name, her specific description, pointing, and the absence of a partner. Her specific name, for example, Aishah, and he has no daughter named Aishah except this one. The specific description, for example, the eldest, the youngest, or the middle one. The third is pointing, where he says, "I have married you to this daughter of mine," and points to her. This is also specification. But if he says, "I have married you to this daughter of mine," does he need to hold her? Because she might go to the house and another person might come, or is this far-fetched?
The questioner : ... .
The Shaykh : This is far-fetched, meaning we do not say that if she is specified by pointing to her, we must hold her by the hand. We say that fundamentally, Muslims are Muslims. It cannot be said that he says, "I have married you to this daughter of mine," points to her, and the actual wife is in the house. This is impossible because a Muslim is a Muslim. All right, the fourth: specification by what? By the absence of a partner, by saying, "I have married you to my daughter," and he has only one daughter. And for this reason, he (may Allah have mercy on him) says "or 'I have married you to my daughter,' and he has only one", because if he says, "I have married you to my daughter," and he has only one, is she specified or not?
The questioner : ... .
The Shaykh : Is she specified?
The questioner : Yes.
The Shaykh : "I have married you to my daughter," and he has only one.
The questioner : She is specified.
The Shaykh : She is specified? All right, and the author's statement "and he has only one daughter", someone might say that he intends that he has no daughter other than her, and this is certainly the intent. But is it included if he has one unmarried daughter and the rest are married?
The questioner : Yes.
The Shaykh : Yes, this is included. If there is one unmarried daughter and the rest are married, and he says, "I have married you to my daughter," it is known that the one intended is the daughter who is not married. Yes.
The author says "It has conditions", meaning that the marriage contract has conditions, just as other contracts and acts of worship do. This is part of the wisdom of the Shari'ah that matters are regulated by their conditions and the descriptions appropriate to the rulings. Therefore, you will find that ritual purity has conditions, prayer has conditions, zakah has conditions, fasting has conditions, and Hajj has conditions. And these conditions differ according to what they are prescribed for, because the Islamic Shari'ah is a Shari'ah of regulation and precision from the Wise, the Knowing, Mighty and Majestic. So there must be conditions, among which is specifying the two spouses. Previously, it was mentioned that specification is done by one of three, or rather four, things: her specific name, her specific description, pointing, and the absence of a partner. Her specific name, for example, Aishah, and he has no daughter named Aishah except this one. The specific description, for example, the eldest, the youngest, or the middle one. The third is pointing, where he says, "I have married you to this daughter of mine," and points to her. This is also specification. But if he says, "I have married you to this daughter of mine," does he need to hold her? Because she might go to the house and another person might come, or is this far-fetched?
The questioner : ... .
The Shaykh : This is far-fetched, meaning we do not say that if she is specified by pointing to her, we must hold her by the hand. We say that fundamentally, Muslims are Muslims. It cannot be said that he says, "I have married you to this daughter of mine," points to her, and the actual wife is in the house. This is impossible because a Muslim is a Muslim. All right, the fourth: specification by what? By the absence of a partner, by saying, "I have married you to my daughter," and he has only one daughter. And for this reason, he (may Allah have mercy on him) says "or 'I have married you to my daughter,' and he has only one", because if he says, "I have married you to my daughter," and he has only one, is she specified or not?
The questioner : ... .
The Shaykh : Is she specified?
The questioner : Yes.
The Shaykh : "I have married you to my daughter," and he has only one.
The questioner : She is specified.
The Shaykh : She is specified? All right, and the author's statement "and he has only one daughter", someone might say that he intends that he has no daughter other than her, and this is certainly the intent. But is it included if he has one unmarried daughter and the rest are married?
The questioner : Yes.
The Shaykh : Yes, this is included. If there is one unmarried daughter and the rest are married, and he says, "I have married you to my daughter," it is known that the one intended is the daughter who is not married. Yes.