Like a master with his female slaves and his young slave, and the remaining guardians do not marry off a girl under nine, nor a boy, nor a mature woman of sound mind, nor a girl of nine, except with their consent.
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The Shaykh : And for this reason, the author (may Allah have mercy on him) says "and the remaining guardians do not marry off" This is the beginning of today's lesson. He said "and the remaining guardians do not marry off a girl under nine" under any circumstances .
The questioner : ... .
The Shaykh : How?
The questioner : ... .
The Shaykh : Yes. Like a master with his female slaves. This means that it is permissible for the master to marry his female slaves without their permission, because he owns them with absolute ownership. However, although this opinion is correct in terms of theoretical consideration, it must be said that he is not permitted to force them into marriage, because of the pain it causes them and the difficult life it imposes on them.
And his saying "and his young slave" means that he may marry him off without his consent, just as the father may marry off his young son without his consent. It has been mentioned previously that there is a consideration regarding the father and his young son, so there is likewise a consideration regarding the master and his young slave.
Then he said "and the remaining guardians do not marry off a girl under nine" meaning whichever guardian it is, even if he is more compassionate toward her than her father, he does not marry her off. So if a man has a daughter who is less than nine years old and someone proposes to her, it is not permissible for him to marry her off.
He said "and the remaining guardians do not also marry off a young girl" meaning the remaining guardians do not marry off a boy, because they do not have full guardianship over him, nor do they have the compassion of a father. And because if they marry off the boy, they bind him to the requirements of marriage, such as financial maintenance and others, and this is not permissible except for the father. Likewise, the remaining guardians do not marry off a mature woman of sound mind, meaning except with her consent. A mature woman of sound mind, except with her consent.
"Mature" here means an adult woman of sound mind, the opposite of a woman with a mental disorder, except with her consent. And likewise, they do not marry off a girl of nine, even if she has not reached puberty, except with her consent. The author has informed us that women, in relation to anyone other than the father and his guardian, are of three categories: an adult woman of sound mind, a girl under nine, and a girl of nine. A girl under nine is never married off. An adult woman of sound mind is married off with her consent, and there is no dispute. Between the age of nine and puberty, according to the author's statement, she is married off with her consent. It was said that she is not married off because, yes, because even if she consents while she is under the age of puberty, she may consent without understanding. Her brother or grandfather may come to her and say, "We will marry you to so-and-so," and speak to her in a way that entices her, and she agrees. So the question is: is a girl under nine married off or not?
The questioner : She is married off.
The Shaykh : And there is no dispute in that. An adult woman of sound mind, if she consents? She is married off, and there is no dispute in that. Between the age of nine and puberty, according to the author's opinion, she is like an adult. But the correct view is that she is not, and that her consent is not considered, because she does not understand the benefits of marriage as they should be.
He said "except with their consent" The "their" in "their consent" is a dual pronoun referring to what?
The questioner : ... .
The Shaykh : The mature woman of sound mind and the girl of nine. And he explained consent by saying "and this is the silence of the virgin and the speech of the previously married woman". Now, the silence of the virgin means her silence. He said in the commentary "even if she laughed or cried". If she laughed, her consent is clear. And if she cried?
The questioner : ... .
The Shaykh : What? It is not clear. They say that she may cry because of parting from her family. When he asks for her consent to marriage, she knows that she will leave her family and part from them, so she cries out of fear of that. Therefore, we say that as long as she has not explicitly refused, her crying does not indicate her lack of consent; rather, it may indicate her consent, because if she marries, yes, she parts from her family. But the apparent indication of crying is? Yes?
The questioner : Rejection.
The Shaykh : It is an indication of refusal. A woman whom we came to ask for, and she is an adult, mature woman of sound mind. We said to her, "So-and-so has proposed to you," and she began to shed tears, struck the ground, and became weak, and perhaps she would fall ill. And we say, "By Allah, all of this is because of parting from her family." Is this possible?
The questioner : No.
The Shaykh : No, everyone knows that she refused. But if she laughed, is this laughter an indication of consent? Yes? Hamad, what do you say?
The questioner : There is a distinction in this.
The Shaykh : There is a detail. What is the detail?
The questioner : If she was silent and then laughed, this is an indication that she consented and laughed because of her consent.
The Shaykh : Very well.
The questioner : And if she laughed...
The Shaykh : Immediately.
The questioner : Immediately.
The Shaykh : What?
The questioner : The apparent text... is not considered...
The Shaykh : Meaning, it seems that Brother Hamad is being purely apparentist. If she was silent first and then laughed afterwards, this is consent, according to his saying in the hadith. And if she laughed and hastened with joy, yes, so this is not consent. And the apparent view is that this detail, O Hamad, is an elongation. So let us shorten the path and say: if she laughed, whether she started laughing immediately or was silent and then laughed, it is an indication of her consent, because one who does not consent does not laugh, but rather sadness comes to him.
In any case, the Prophet (peace and blessings be upon him) said, meaning that it is not required for her to speak her consent, because she may be shy. And his saying "and the speech of the previously married woman", what is meant by "previously married" here? The meaning is one who has been had sexual intercourse with.
He said "even if it was through fornication". Even if that was through fornication, she is considered a previously married woman, and it is necessary for her to speak her consent. They explained this by saying that the shyness regarding intercourse has been removed from her. It was removed from her by what? By intercourse, even if it was forbidden. So it is necessary for her to speak her consent.
The questioner : ... .
The Shaykh : How?
The questioner : ... .
The Shaykh : Yes. Like a master with his female slaves. This means that it is permissible for the master to marry his female slaves without their permission, because he owns them with absolute ownership. However, although this opinion is correct in terms of theoretical consideration, it must be said that he is not permitted to force them into marriage, because of the pain it causes them and the difficult life it imposes on them.
And his saying "and his young slave" means that he may marry him off without his consent, just as the father may marry off his young son without his consent. It has been mentioned previously that there is a consideration regarding the father and his young son, so there is likewise a consideration regarding the master and his young slave.
Then he said "and the remaining guardians do not marry off a girl under nine" meaning whichever guardian it is, even if he is more compassionate toward her than her father, he does not marry her off. So if a man has a daughter who is less than nine years old and someone proposes to her, it is not permissible for him to marry her off.
He said "and the remaining guardians do not also marry off a young girl" meaning the remaining guardians do not marry off a boy, because they do not have full guardianship over him, nor do they have the compassion of a father. And because if they marry off the boy, they bind him to the requirements of marriage, such as financial maintenance and others, and this is not permissible except for the father. Likewise, the remaining guardians do not marry off a mature woman of sound mind, meaning except with her consent. A mature woman of sound mind, except with her consent.
"Mature" here means an adult woman of sound mind, the opposite of a woman with a mental disorder, except with her consent. And likewise, they do not marry off a girl of nine, even if she has not reached puberty, except with her consent. The author has informed us that women, in relation to anyone other than the father and his guardian, are of three categories: an adult woman of sound mind, a girl under nine, and a girl of nine. A girl under nine is never married off. An adult woman of sound mind is married off with her consent, and there is no dispute. Between the age of nine and puberty, according to the author's statement, she is married off with her consent. It was said that she is not married off because, yes, because even if she consents while she is under the age of puberty, she may consent without understanding. Her brother or grandfather may come to her and say, "We will marry you to so-and-so," and speak to her in a way that entices her, and she agrees. So the question is: is a girl under nine married off or not?
The questioner : She is married off.
The Shaykh : And there is no dispute in that. An adult woman of sound mind, if she consents? She is married off, and there is no dispute in that. Between the age of nine and puberty, according to the author's opinion, she is like an adult. But the correct view is that she is not, and that her consent is not considered, because she does not understand the benefits of marriage as they should be.
He said "except with their consent" The "their" in "their consent" is a dual pronoun referring to what?
The questioner : ... .
The Shaykh : The mature woman of sound mind and the girl of nine. And he explained consent by saying "and this is the silence of the virgin and the speech of the previously married woman". Now, the silence of the virgin means her silence. He said in the commentary "even if she laughed or cried". If she laughed, her consent is clear. And if she cried?
The questioner : ... .
The Shaykh : What? It is not clear. They say that she may cry because of parting from her family. When he asks for her consent to marriage, she knows that she will leave her family and part from them, so she cries out of fear of that. Therefore, we say that as long as she has not explicitly refused, her crying does not indicate her lack of consent; rather, it may indicate her consent, because if she marries, yes, she parts from her family. But the apparent indication of crying is? Yes?
The questioner : Rejection.
The Shaykh : It is an indication of refusal. A woman whom we came to ask for, and she is an adult, mature woman of sound mind. We said to her, "So-and-so has proposed to you," and she began to shed tears, struck the ground, and became weak, and perhaps she would fall ill. And we say, "By Allah, all of this is because of parting from her family." Is this possible?
The questioner : No.
The Shaykh : No, everyone knows that she refused. But if she laughed, is this laughter an indication of consent? Yes? Hamad, what do you say?
The questioner : There is a distinction in this.
The Shaykh : There is a detail. What is the detail?
The questioner : If she was silent and then laughed, this is an indication that she consented and laughed because of her consent.
The Shaykh : Very well.
The questioner : And if she laughed...
The Shaykh : Immediately.
The questioner : Immediately.
The Shaykh : What?
The questioner : The apparent text... is not considered...
The Shaykh : Meaning, it seems that Brother Hamad is being purely apparentist. If she was silent first and then laughed afterwards, this is consent, according to his saying in the hadith
Her consent is her silence
إذنها صُماتهاIn any case, the Prophet (peace and blessings be upon him) said
Her consent is her silence
إذنها صُماتهاHe said "even if it was through fornication". Even if that was through fornication, she is considered a previously married woman, and it is necessary for her to speak her consent. They explained this by saying that the shyness regarding intercourse has been removed from her. It was removed from her by what? By intercourse, even if it was forbidden. So it is necessary for her to speak her consent.