The discussion regarding the condition of the guardian in the marriage contract.
Machine translationRead the Arabic original
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. Praise be 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 upon those who follow them with excellence until the Day of Judgment. It has been established for us that the guardian is a condition for the marriage contract, and the evidence for that is, Muhammad?
The questioner : ... .
The Shaykh : From the Qur'an and the Sunnah.
The questioner : ... .
The Shaykh : Yes.
The questioner : ... .
The Shaykh : From you[An-Nur 24:32].
The questioner : And the Sunnah.
The Shaykh : The aspect of the indication.
The questioner : Allah, Mighty and Majestic ... .
The Shaykh : He said.
The questioner : Yes, ... otherwise the nursing mother herself, meaning.
The Shaykh : Good, and were it not that the guardian is a condition, the address would have been directed to the woman. Good, this is one, correct, and from the Sunnah.
The questioner : The Sunnah?
The Shaykh : Yes.
The questioner : The evidence is.
Another questioner:Sunan Ibn Majah 1880Sahih (Darussalam).
The Shaykh : Yes, the saying of the Prophet (peace and blessings be upon him)Sunan Ibn Majah 1880Sahih (Darussalam). So if a person says "there is no complete and perfect marriage," does that mean "there is no valid marriage"?
The questioner : We say that the original principle is that ... validity, so if a factor is found ... here there is no factor ... .
The Shaykh : Correct, we say the original principle in negation, the rule is that it is a negation of existence, so if that is not possible, then it is for validity, so if that is not possible, then it is for perfection. Do you understand, O 'Abd Allah?
The questioner : Yes.
The Shaykh : Good. The original principle in negation is that it is for existence. Then?
The questioner : ... .
The Shaykh : Then for perfection. Good, so when a negation comes, we say first we look to see if the intended meaning is the negation of its existence. If he says "it is not possible," likeSunan Ibn Majah 1249Sahih (Darussalam), is this a negation of its existence?
The questioner : ... .
The Shaykh : Why?
The questioner : ... .
The Shaykh : Because a person can pray, so it is a negation of validity. Good,Riyad as-Salihin 1753 is this a negation of existence? Because a person may pray, and is it a negation of validity? No, because the prayer is valid even if food is present, so it is a negation of what? Of perfection. So Sunan Ibn Majah 1880Sahih (Darussalam) we say it is a negation of validity, this is the original principle. Good, does the guardian have conditions?
The questioner : ... .
The Shaykh : That he be a Muslim? So the father of a disbeliever does not marry her off, otherwise all women of the disbelievers would not get married.
The questioner : ... .
The Shaykh : Complete. Good, this is one, freedom, yes, maleness, justice, except?
The questioner : ... .
The Shaykh : Good, other than what is mentioned, better we say other than what is mentioned.
The questioner : Soundness of mind ... .
The Shaykh : Soundness of mind in the contract, yes, but it has been established for us that there is a contradiction to the words of the author (may Allah have mercy on him). First, legal capacity is against insanity and youth, so the contract of the insane person is not valid, clear, and the contract of one below the age of puberty is not valid either. And some scholars said that it is valid if he is of sound mind, as if he were an adolescent who knows the interests of marriage, then it is valid. Regarding freedom, we said that there is a consideration in its condition, and the correct view is that it is not a condition, and that the slave marries off his daughter. Regarding soundness of mind in the contract, we said it is correct, it is necessary, it must be of sound mind in the contract; one who does not know the interests of marriage and the suitable match is not valid. Regarding agreement in religion, we said that marrying the lower to the higher is not valid according to the correct view, and marrying the higher to the lower is valid, meaning a Muslim marries off a disbeliever woman, that is correct, a disbeliever marries off a Muslim woman, that is not correct. Good, regarding justice, we said that its condition is not correct, and that it is not required for the guardian to be just. Good.
The questioner : ... .
The Shaykh : Yes.
The questioner : It is required ... .
The Shaykh : It is not possible to marry off one who is just, even if we had required that, we would have removed the authority of marriage from the majority of people today.
The author (may Allah have mercy on him) says "So a woman does not marry herself or another". Is this the beginning of today's lesson?
The questioner : ... .
The Shaykh : From the Qur'an and the Sunnah.
The questioner : ... .
The Shaykh : Yes.
The questioner : ... .
The Shaykh : From you
the righteous among your male slaves and female slaves
والصالحين من عبادكم وإمائكمThe questioner : And the Sunnah.
The Shaykh : The aspect of the indication.
The questioner : Allah, Mighty and Majestic ... .
The Shaykh : He said
Marry
أنكحواThe questioner : Yes, ... otherwise the nursing mother herself, meaning.
The Shaykh : Good, and were it not that the guardian is a condition, the address would have been directed to the woman. Good, this is one, correct, and from the Sunnah.
The questioner : The Sunnah?
The Shaykh : Yes.
The questioner : The evidence is
The previously married woman is consulted
الثيّب تستأمرAnother questioner:
There is no marriage except with a guardian.
لا نكاح إلا بوليThe Shaykh : Yes, the saying of the Prophet (peace and blessings be upon him)
There is no marriage except with a guardian.
لا نكاح إلا بوليThe questioner : We say that the original principle is that ... validity, so if a factor is found ... here there is no factor ... .
The Shaykh : Correct, we say the original principle in negation, the rule is that it is a negation of existence, so if that is not possible, then it is for validity, so if that is not possible, then it is for perfection. Do you understand, O 'Abd Allah?
The questioner : Yes.
The Shaykh : Good. The original principle in negation is that it is for existence. Then?
The questioner : ... .
The Shaykh : Then for perfection. Good, so when a negation comes, we say first we look to see if the intended meaning is the negation of its existence. If he says "it is not possible," like
there is no prayer after the Fajr until the sun has risen
لا صلاة بعد الفجر حتى طلوع الشمسThe questioner : ... .
The Shaykh : Why?
The questioner : ... .
The Shaykh : Because a person can pray, so it is a negation of validity. Good,
No Salat (prayer) should be performed when the food has been served
لا صلاة بحضرة طعامThere is no marriage except with a guardian.
لا نكاح إلا بوليThe questioner : ... .
The Shaykh : That he be a Muslim? So the father of a disbeliever does not marry her off, otherwise all women of the disbelievers would not get married.
The questioner : ... .
The Shaykh : Complete. Good, this is one, freedom, yes, maleness, justice, except?
The questioner : ... .
The Shaykh : Good, other than what is mentioned, better we say other than what is mentioned.
The questioner : Soundness of mind ... .
The Shaykh : Soundness of mind in the contract, yes, but it has been established for us that there is a contradiction to the words of the author (may Allah have mercy on him). First, legal capacity is against insanity and youth, so the contract of the insane person is not valid, clear, and the contract of one below the age of puberty is not valid either. And some scholars said that it is valid if he is of sound mind, as if he were an adolescent who knows the interests of marriage, then it is valid. Regarding freedom, we said that there is a consideration in its condition, and the correct view is that it is not a condition, and that the slave marries off his daughter. Regarding soundness of mind in the contract, we said it is correct, it is necessary, it must be of sound mind in the contract; one who does not know the interests of marriage and the suitable match is not valid. Regarding agreement in religion, we said that marrying the lower to the higher is not valid according to the correct view, and marrying the higher to the lower is valid, meaning a Muslim marries off a disbeliever woman, that is correct, a disbeliever marries off a Muslim woman, that is not correct. Good, regarding justice, we said that its condition is not correct, and that it is not required for the guardian to be just. Good.
The questioner : ... .
The Shaykh : Yes.
The questioner : It is required ... .
The Shaykh : It is not possible to marry off one who is just, even if we had required that, we would have removed the authority of marriage from the majority of people today.
The author (may Allah have mercy on him) says "So a woman does not marry herself or another". Is this the beginning of today's lesson?