Continuation of the discussion regarding the condition of the consent of both spouses in the marriage contract.
Machine translationRead the Arabic original
The Shaykh : All right, how do you refute the evidence of the school of jurisprudence?
The questioner : The evidence of the school of jurisprudence is the action of Abu Bakr and what was known among many.
The Shaykh : His action and what was with him?
The questioner : Yes.
The Shaykh : How did Abu Bakr act, and what was with him?
The questioner : Abu Bakr married her off without her permission.
The Shaykh : Yes, he married her off without her permission. How do you answer this?
The questioner : We say to them: Bring us a husband like the Prophet (peace and blessings be upon him), a guardian like Abu Bakr, and a wife like Aisha.
The Shaykh : Well done. We say that either we start with the specificity and say that the Messenger of Allah (peace and blessings be upon him) has specific characteristics in marriage that no one else has, such as marrying by gift and marrying more than four women, yes. Or we claim specificity and say this is specific to the Messenger. Or we say it is general, but then bring us an example that applies to the hadith, and they will not bring one. So the conclusion is that the stronger position is...
The questioner : ... .
The Shaykh : Huh?
The questioner : He has that... .
The Shaykh : No, the question is specific, huh?
The questioner : ... .
The Shaykh : It is necessary for her consent, even if she is a virgin. All right, the insane person also, and also.
The questioner : ... .
The Shaykh : No, do not suspect us. May Allah reward you with good.
The questioner : And to you.
The Shaykh : By Allah, it is a problem. Did you know it from them, or from yourself?
The questioner : ... .
The Shaykh : I seek forgiveness from Allah. Allah is sufficient for us, and He is the best Disposer of affairs. All right, Sa'd? What is the insane, mad virgin regarding her father? The insane, the mad, they are excluded and we are done with them. The question is: whose consent is not required?
The questioner : ... .
The Shaykh : Yes.
The questioner : According to the school of jurisprudence?
The Shaykh : Yes, according to the school of jurisprudence.
The questioner : The young child.
The Shaykh : If the father marries off his young son, his consent is not required. And it has been established for us that the stronger position is that his consent is necessary. Accordingly, if he is a young child who does not have permission, it is postponed until he has permission, knows about the marriage, and is married off.
The questioner : The evidence of the school of jurisprudence is the action of Abu Bakr and what was known among many.
The Shaykh : His action and what was with him?
The questioner : Yes.
The Shaykh : How did Abu Bakr act, and what was with him?
The questioner : Abu Bakr married her off without her permission.
The Shaykh : Yes, he married her off without her permission. How do you answer this?
The questioner : We say to them: Bring us a husband like the Prophet (peace and blessings be upon him), a guardian like Abu Bakr, and a wife like Aisha.
The Shaykh : Well done. We say that either we start with the specificity and say that the Messenger of Allah (peace and blessings be upon him) has specific characteristics in marriage that no one else has, such as marrying by gift and marrying more than four women, yes. Or we claim specificity and say this is specific to the Messenger. Or we say it is general, but then bring us an example that applies to the hadith, and they will not bring one. So the conclusion is that the stronger position is...
The questioner : ... .
The Shaykh : Huh?
The questioner : He has that... .
The Shaykh : No, the question is specific, huh?
The questioner : ... .
The Shaykh : It is necessary for her consent, even if she is a virgin. All right, the insane person also, and also.
The questioner : ... .
The Shaykh : No, do not suspect us. May Allah reward you with good.
The questioner : And to you.
The Shaykh : By Allah, it is a problem. Did you know it from them, or from yourself?
The questioner : ... .
The Shaykh : I seek forgiveness from Allah. Allah is sufficient for us, and He is the best Disposer of affairs. All right, Sa'd? What is the insane, mad virgin regarding her father? The insane, the mad, they are excluded and we are done with them. The question is: whose consent is not required?
The questioner : ... .
The Shaykh : Yes.
The questioner : According to the school of jurisprudence?
The Shaykh : Yes, according to the school of jurisprudence.
The questioner : The young child.
The Shaykh : If the father marries off his young son, his consent is not required. And it has been established for us that the stronger position is that his consent is necessary. Accordingly, if he is a young child who does not have permission, it is postponed until he has permission, knows about the marriage, and is married off.