"And the agreement in religion, except for what is mentioned, and justice"
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The Shaykh : The author said "And the agreement in religion, except for what is mentioned". He excluded from this the agreement in religion, meaning that the woman and her guardian must be of the same religion. If she is Muslim, her guardian must be?
The questioner : Muslim.
The Shaykh : If she is Christian, her guardian must be Christian. If she is Jewish, her guardian must be Jewish. Agreement in religion is necessary. He said "except for what is mentioned". In my view, the commentary says "except for what is mentioned", such as the slave woman of a disbeliever. A slave woman of a disbeliever who converted to Islam, and a disbelieving slave woman of a Muslim, and the ruler marrying a woman from among the People of the Book who has no guardian. These are three cases where there is no agreement in religion.
The first case is the slave woman of a disbeliever if she converts to Islam. How does the slave woman of a disbeliever convert? It means a disbeliever has a slave woman, he takes her as a concubine, and she bears him a child, then she converts to Islam. In this case, he may marry her even if he is a disbeliever, because she is the mother of his child. Similarly, a disbelieving slave woman of a Muslim; he may marry her. That is, a man has a disbelieving slave woman, and it is permissible for him to marry her because she is his slave, even if their religions differ. Now, what about a Muslim slave woman of a disbeliever? That is the reverse of this case, right?
The questioner : ... .
The Shaykh : This is not possible, because a Muslim cannot be left in the hand of a disbeliever. A slave cannot be left in the hand of a disbeliever. Therefore, if the slave is Muslim, the disbeliever is forced to relinquish his ownership.
He said "and the ruler marrying a woman from among the People of the Book who has no guardian". The ruler means the head of state in the nation. That is, among his subjects there are people from the People of the Book, and a woman from the People of the Book is found who has no guardian. Who marries her?
The questioner : The ruler.
The Shaykh : The ruler, who is Muslim, and she is a disbeliever, due to the pressing need for it. The apparent meaning of the author's words is that a Muslim does not marry his disbelieving daughter. For example, if a man has a disbelieving daughter, he does not marry her off, is that not so?
The questioner : Yes, indeed.
The Shaykh : Yes, but we say this is not conceivable, because if a Muslim woman disbelieves, she is an apostate and is not left on her religion. Rather, she is told: "Convert to Islam or be killed." Yes. So, three cases are excluded from this issue of agreement in religion: the slave woman if her master is a disbeliever and she converts to Islam, and the second is a slave woman?
The questioner : ... a disbelieving slave woman.
The Shaykh : A disbelieving slave woman in the possession of a Muslim, and the third is the ruler marrying a woman from among the People of the Book who has no guardian.
He said "and justice". Justice is a condition for the guardian. Justice was mentioned to us earlier, meaning it is not far off; it is the uprightness of religion and good character. If the guardian is not upright in religion, he has no guardianship; he has no authority. If the guardian smokes, he has no guardianship. Pay attention.
The questioner : ... .
The Shaykh : Do not be cautious, O Hamad. Up to now, we have not reached the preferred opinion. He has no guardianship if he shaves his beard; he has no guardianship. If he lets his garment hang below the ankles, he has no guardianship. If he backbites people, even once, and does not repent, he has no guardianship. If we applied this condition, yes, we would find that most people do not marry off their daughters. Who is safe from backbiting? Let us leave aside shaving the beard, letting the garment hang, and smoking, but as for backbiting, who is safe from it except by the will of Allah? It is possible that there are five hundred people in the mosque and you do not find but one or two who are safe from backbiting. And this condition is weak. The correct view is that justice is not required, but it is required that he not be satisfied with a non-equal for her. If he is satisfied with a non-equal for her and prevents her from marrying an equal, we say: You are zero on the left, and you have no guardianship. As is the case now with some open sinners among fathers: if a young man who is upright in his religion and character proposes to his daughter, he prevents it, hoping that a wicked young man will come, because the wicked love the wicked. Do we say this man has guardianship? No, he has no guardianship because he neglected the interest of the daughter. But if his open sinfulness does not neglect the interest of the woman, his guardianship is not dropped. For this reason, we find some fathers who smoke, but their concern for their children is greater than that of those who do not smoke, is that not so? There are people who have concern for their children, compassion, mercy, and love for their good, and they smoke more than those who do not. So the correct view is that justice...
The questioner : Muslim.
The Shaykh : If she is Christian, her guardian must be Christian. If she is Jewish, her guardian must be Jewish. Agreement in religion is necessary. He said "except for what is mentioned". In my view, the commentary says "except for what is mentioned", such as the slave woman of a disbeliever. A slave woman of a disbeliever who converted to Islam, and a disbelieving slave woman of a Muslim, and the ruler marrying a woman from among the People of the Book who has no guardian. These are three cases where there is no agreement in religion.
The first case is the slave woman of a disbeliever if she converts to Islam. How does the slave woman of a disbeliever convert? It means a disbeliever has a slave woman, he takes her as a concubine, and she bears him a child, then she converts to Islam. In this case, he may marry her even if he is a disbeliever, because she is the mother of his child. Similarly, a disbelieving slave woman of a Muslim; he may marry her. That is, a man has a disbelieving slave woman, and it is permissible for him to marry her because she is his slave, even if their religions differ. Now, what about a Muslim slave woman of a disbeliever? That is the reverse of this case, right?
The questioner : ... .
The Shaykh : This is not possible, because a Muslim cannot be left in the hand of a disbeliever. A slave cannot be left in the hand of a disbeliever. Therefore, if the slave is Muslim, the disbeliever is forced to relinquish his ownership.
He said "and the ruler marrying a woman from among the People of the Book who has no guardian". The ruler means the head of state in the nation. That is, among his subjects there are people from the People of the Book, and a woman from the People of the Book is found who has no guardian. Who marries her?
The questioner : The ruler.
The Shaykh : The ruler, who is Muslim, and she is a disbeliever, due to the pressing need for it. The apparent meaning of the author's words is that a Muslim does not marry his disbelieving daughter. For example, if a man has a disbelieving daughter, he does not marry her off, is that not so?
The questioner : Yes, indeed.
The Shaykh : Yes, but we say this is not conceivable, because if a Muslim woman disbelieves, she is an apostate and is not left on her religion. Rather, she is told: "Convert to Islam or be killed." Yes. So, three cases are excluded from this issue of agreement in religion: the slave woman if her master is a disbeliever and she converts to Islam, and the second is a slave woman?
The questioner : ... a disbelieving slave woman.
The Shaykh : A disbelieving slave woman in the possession of a Muslim, and the third is the ruler marrying a woman from among the People of the Book who has no guardian.
He said "and justice". Justice is a condition for the guardian. Justice was mentioned to us earlier, meaning it is not far off; it is the uprightness of religion and good character. If the guardian is not upright in religion, he has no guardianship; he has no authority. If the guardian smokes, he has no guardianship. Pay attention.
The questioner : ... .
The Shaykh : Do not be cautious, O Hamad. Up to now, we have not reached the preferred opinion. He has no guardianship if he shaves his beard; he has no guardianship. If he lets his garment hang below the ankles, he has no guardianship. If he backbites people, even once, and does not repent, he has no guardianship. If we applied this condition, yes, we would find that most people do not marry off their daughters. Who is safe from backbiting? Let us leave aside shaving the beard, letting the garment hang, and smoking, but as for backbiting, who is safe from it except by the will of Allah? It is possible that there are five hundred people in the mosque and you do not find but one or two who are safe from backbiting. And this condition is weak. The correct view is that justice is not required, but it is required that he not be satisfied with a non-equal for her. If he is satisfied with a non-equal for her and prevents her from marrying an equal, we say: You are zero on the left, and you have no guardianship. As is the case now with some open sinners among fathers: if a young man who is upright in his religion and character proposes to his daughter, he prevents it, hoping that a wicked young man will come, because the wicked love the wicked. Do we say this man has guardianship? No, he has no guardianship because he neglected the interest of the daughter. But if his open sinfulness does not neglect the interest of the woman, his guardianship is not dropped. For this reason, we find some fathers who smoke, but their concern for their children is greater than that of those who do not smoke, is that not so? There are people who have concern for their children, compassion, mercy, and love for their good, and they smoke more than those who do not. So the correct view is that justice...