Chapter: The Fourth: Testimony. It is not valid except with two just, male, accountable, hearing, and speaking witnesses.
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The Shaykh : Then he said "Chapter: The Fourth: Testimony" The fourth of what?
The questioner : Of the conditions.
The Shaykh : Of the conditions of the marriage contract is testimony. There is no evidence that the soul finds peace with regarding this, but there is a rationale for it, which is that testimony regulates this important contract, because the husband or the wife might deny it, especially if a forced separation occurs. For example, if a man contracted a marriage with a woman without witnesses, and then he or she died before the contract became known, this is... So if there are witnesses, it becomes more regulated. But if it is devoid of witnesses yet there is public announcement, I have no doubt that the marriage is valid, because the announcement is the difference between fornication and marriage. If it is announced and it becomes known that so-and-so married, there is no need for witnesses. The most important thing is that there is a distinction between marriage and fornication. We say that testimony is part of the perfection of the contract. There is no doubt that the more perfect the contract, the more preferable it is. But making it a condition is difficult, in the sense that a person might contract a marriage for a man with his daughter, but they have no one present, and we say the contract is not valid. There is something in the soul about this, because there is no clear evidence for us to act upon, and the hadithSunan al-Bayhaqi 10:1088 is weak. Otherwise, it would have been a proof. All right.
Then the author says "So the marriage is not valid except with two witnesses" And in his saying "with two witnesses" is an indication that they must be male, correct? So if forty women testify to the contract, it is not valid, yes. Why? Because it is required in the testimony of marriage that the witnesses be male "just". What does "just" mean? It means upright in religion and honor. He said in the commentary, "Even if only apparently, because the purpose is the announcement of the marriage." Look, glory be to Allah, "Even if only apparently, because the purpose is the announcement of the marriage." If this is the purpose, does it necessitate testimony?
The questioner : No.
The Shaykh : No. And this indicates the correct opinion that with public announcement, there is no doubt in its validity. All right. They must be male, as we said. Accountable means adults of sound mind. Hearing, yes. Does it mean having strong hearing, or that they hear even with difficulty? The latter. The important thing is that they hear. So if we want to contract a marriage for two witnesses who do not hear strongly, the guardian takes the ear of one and the ear of the other and says to him, "I have married you my daughter." Yes. But this is not correct: making them hearing is not a valid condition. The condition is that they understand the contract, even if it is assumed that the offer was written on a paper.
The questioner : Of the conditions.
The Shaykh : Of the conditions of the marriage contract is testimony. There is no evidence that the soul finds peace with regarding this, but there is a rationale for it, which is that testimony regulates this important contract, because the husband or the wife might deny it, especially if a forced separation occurs. For example, if a man contracted a marriage with a woman without witnesses, and then he or she died before the contract became known, this is... So if there are witnesses, it becomes more regulated. But if it is devoid of witnesses yet there is public announcement, I have no doubt that the marriage is valid, because the announcement is the difference between fornication and marriage. If it is announced and it becomes known that so-and-so married, there is no need for witnesses. The most important thing is that there is a distinction between marriage and fornication. We say that testimony is part of the perfection of the contract. There is no doubt that the more perfect the contract, the more preferable it is. But making it a condition is difficult, in the sense that a person might contract a marriage for a man with his daughter, but they have no one present, and we say the contract is not valid. There is something in the soul about this, because there is no clear evidence for us to act upon, and the hadith
There is no marriage except with a guardian and two just witnesses.
لا نكاح إلا بولي وشاهدي عدلThen the author says "So the marriage is not valid except with two witnesses" And in his saying "with two witnesses" is an indication that they must be male, correct? So if forty women testify to the contract, it is not valid, yes. Why? Because it is required in the testimony of marriage that the witnesses be male "just". What does "just" mean? It means upright in religion and honor. He said in the commentary, "Even if only apparently, because the purpose is the announcement of the marriage." Look, glory be to Allah, "Even if only apparently, because the purpose is the announcement of the marriage." If this is the purpose, does it necessitate testimony?
The questioner : No.
The Shaykh : No. And this indicates the correct opinion that with public announcement, there is no doubt in its validity. All right. They must be male, as we said. Accountable means adults of sound mind. Hearing, yes. Does it mean having strong hearing, or that they hear even with difficulty? The latter. The important thing is that they hear. So if we want to contract a marriage for two witnesses who do not hear strongly, the guardian takes the ear of one and the ear of the other and says to him, "I have married you my daughter." Yes. But this is not correct: making them hearing is not a valid condition. The condition is that they understand the contract, even if it is assumed that the offer was written on a paper.