Then her paternal grandfather, however remote, then her son, then his sons, however remote, then her full brother, then her paternal brother, then their sons likewise, then her full paternal uncle, then her paternal uncle, then their sons likewise
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The Shaykh : He says "Then her paternal grandfather, however remote", the closest then the next closest. Her paternal grandfather means her father's father, and her father's father's father, and her father's father's father's father, and her father's father's father's father's father, yes, and so on. Until when?
The questioner : Until Adam.
The Shaykh : Until Adam, yes, in any case. This means the paternal grandfather, however remote. It is understood from the author's (may Allah have mercy on him) statement "then her paternal grandfather" that her maternal grandfather is not her guardian, even if no agnatic relatives are found; the guardianship then passes to the ruler. Her maternal grandfather has no guardianship. What about her maternal brothers? They have no guardianship whatsoever. So a distant paternal cousin would marry her off rather than a close maternal brother. Good. "Then her paternal grandfather, however remote, then her son, then his sons, however remote". Her son comes after the grandfather. Then the sons of her son, meaning the sons of her son, not the sons of her daughters, because the sons of her daughters would make her their maternal grandmother. Good. Here, fatherhood is given precedence over sonship. We have passed through a chapter of knowledge where sonship is given precedence over fatherhood. What is it?
The questioner : Fara'id.
The Shaykh : Inheritance. In inheritance, sonship is given precedence over fatherhood, but in the guardianship of marriage, fatherhood is given precedence over sonship. Why? Because sonship is completely absent if the woman is a virgin, is it not?
The questioner : ... .
The Shaykh : Huh?
The questioner : ... .
The Shaykh : Good. Sonship is absent in all women as long as they are virgins, unlike fatherhood. Also, if we suppose that the woman is a widow with sons and a father, the father is generally more knowledgeable about the interests of marriage than the sons, because the sons are usually younger than their mother, and because he is more compassionate than the sons. Thus, he is more deserving of precedence. So, he is more deserving of precedence for two reasons: the first is that he is more knowledgeable and aware, and the second is that he is more compassionate. That is complete. Good. Then her son, then his sons, however remote, then her full brother, then her paternal brother, then their sons likewise. Her full brother is the full brother, and the paternal brother is the brother from the father. The author was silent about the maternal brother. Why? Because he has no guardianship. That is complete. Then her paternal brother, then the sons of her full brother, then the sons of her paternal brother. Good.
He says "Then her full paternal uncle, then her paternal uncle, then their sons likewise". Which is closer to her, the brothers or the uncles?
The questioner : The brothers.
The Shaykh : The brothers?
The questioner : ... .
The Shaykh : They are connected through whom?
The questioner : The father.
The Shaykh : They are connected through the father, and the uncles are connected through the grandfather, however remote. So the brothers are closer. Then their sons likewise. "Then the closest agnatic relatives in terms of kinship". This is known and refers to the chapter of inheritance. Then "as in inheritance." For this reason, he said "as in inheritance, then the manumitter". This means that after the agnatic relatives by blood are cut off, we return to the agnatic relatives by patronage, which is the manumitter. So if a woman freed a slave and the slave wanted to marry, her former mistress would marry her off.
The questioner : ... .
The Shaykh : Correct?
The questioner : ... .
The Shaykh : No, her former mistress.
The questioner : The woman ... .
The Shaykh : Does she not marry her off? So the manumitter. We must return to the conditions, which are maleness and the phrase "the manumitter." He said that, taking it from the saying of Allah the Exalted[Al-Ahzab 33:37]. He said . Good. Also, he intended to be cautious regarding the ally by oath. It is possible that there is a bond of patronage through an oath between people, making him an ally on the side of the oath.
He said "Then the closest of his agnatic relatives in terms of kinship". The closest agnatic relative of whom?
The questioner : The manumitter.
The Shaykh : The manumitter. "Then the bond of patronage". This means then the closest agnatic relative by patronage, as mentioned before. "Then the ruler". The ruler is whom? The Imam or his deputy. Imam Ahmad said "And the judge is more preferable to me than the prince". Because he is closer to jurisprudence and knowledge, and closer to scrupulousness. However, in the present time, the prince has no guardianship in marriage contracts. Marriage contracts are assigned to specific people called the authorized officials, who act in place of the ruler if the woman has no guardian. Good. If the judge marries her off while the authorized official is present? It is not valid, because the judge has been deprived of the guardianship. May Allah... except if the guardianship... the original is the judge and the authorized official... this is according to what the regulations require. Yes, the time is up. Hamd?
The questioner : Until Adam.
The Shaykh : Until Adam, yes, in any case. This means the paternal grandfather, however remote. It is understood from the author's (may Allah have mercy on him) statement "then her paternal grandfather" that her maternal grandfather is not her guardian, even if no agnatic relatives are found; the guardianship then passes to the ruler. Her maternal grandfather has no guardianship. What about her maternal brothers? They have no guardianship whatsoever. So a distant paternal cousin would marry her off rather than a close maternal brother. Good. "Then her paternal grandfather, however remote, then her son, then his sons, however remote". Her son comes after the grandfather. Then the sons of her son, meaning the sons of her son, not the sons of her daughters, because the sons of her daughters would make her their maternal grandmother. Good. Here, fatherhood is given precedence over sonship. We have passed through a chapter of knowledge where sonship is given precedence over fatherhood. What is it?
The questioner : Fara'id.
The Shaykh : Inheritance. In inheritance, sonship is given precedence over fatherhood, but in the guardianship of marriage, fatherhood is given precedence over sonship. Why? Because sonship is completely absent if the woman is a virgin, is it not?
The questioner : ... .
The Shaykh : Huh?
The questioner : ... .
The Shaykh : Good. Sonship is absent in all women as long as they are virgins, unlike fatherhood. Also, if we suppose that the woman is a widow with sons and a father, the father is generally more knowledgeable about the interests of marriage than the sons, because the sons are usually younger than their mother, and because he is more compassionate than the sons. Thus, he is more deserving of precedence. So, he is more deserving of precedence for two reasons: the first is that he is more knowledgeable and aware, and the second is that he is more compassionate. That is complete. Good. Then her son, then his sons, however remote, then her full brother, then her paternal brother, then their sons likewise. Her full brother is the full brother, and the paternal brother is the brother from the father. The author was silent about the maternal brother. Why? Because he has no guardianship. That is complete. Then her paternal brother, then the sons of her full brother, then the sons of her paternal brother. Good.
He says "Then her full paternal uncle, then her paternal uncle, then their sons likewise". Which is closer to her, the brothers or the uncles?
The questioner : The brothers.
The Shaykh : The brothers?
The questioner : ... .
The Shaykh : They are connected through whom?
The questioner : The father.
The Shaykh : They are connected through the father, and the uncles are connected through the grandfather, however remote. So the brothers are closer. Then their sons likewise. "Then the closest agnatic relatives in terms of kinship". This is known and refers to the chapter of inheritance. Then "as in inheritance." For this reason, he said "as in inheritance, then the manumitter". This means that after the agnatic relatives by blood are cut off, we return to the agnatic relatives by patronage, which is the manumitter. So if a woman freed a slave and the slave wanted to marry, her former mistress would marry her off.
The questioner : ... .
The Shaykh : Correct?
The questioner : ... .
The Shaykh : No, her former mistress.
The questioner : The woman ... .
The Shaykh : Does she not marry her off? So the manumitter. We must return to the conditions, which are maleness and the phrase "the manumitter." He said that, taking it from the saying of Allah the Exalted
And [remember, O Muhammad], when you said to the one on whom Allah bestowed favor and you bestowed favor, "Keep your wife
وَإِذْ تَقُولُ لِلَّذِي أَنْعَمَ اللَّهُ عَلَيْهِ وَأَنْعَمْتَ عَلَيْهِ أَمْسِكْ عَلَيْكَ زَوْجَكَand upon whom you had bestowed favor
وأنعمت عليهHe said "Then the closest of his agnatic relatives in terms of kinship". The closest agnatic relative of whom?
The questioner : The manumitter.
The Shaykh : The manumitter. "Then the bond of patronage". This means then the closest agnatic relative by patronage, as mentioned before. "Then the ruler". The ruler is whom? The Imam or his deputy. Imam Ahmad said "And the judge is more preferable to me than the prince". Because he is closer to jurisprudence and knowledge, and closer to scrupulousness. However, in the present time, the prince has no guardianship in marriage contracts. Marriage contracts are assigned to specific people called the authorized officials, who act in place of the ruler if the woman has no guardian. Good. If the judge marries her off while the authorized official is present? It is not valid, because the judge has been deprived of the guardianship. May Allah... except if the guardianship... the original is the judge and the authorized official... this is according to what the regulations require. Yes, the time is up. Hamd?