And compatibility, which is religion, status, lineage, and freedom, is not a condition for its validity.
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful
The author (may Allah have mercy on him) said, after mentioning the conditions of the marriage contract: "And compatibility is not a condition for its validity". He specified this because some scholars said that compatibility is a condition for validity, some said it is a condition for binding force, and some said it is not a condition for either. Pay attention, my son. There are three opinions regarding compatibility. The first is that it is a condition for validity, the second is that it is a condition for binding force, and the third is that it is not a condition for binding force or validity. Let us look at what compatibility is. It is religion. The religion intended here is not Islam, because it has already been established that a polytheist does not marry a believing woman, and a believing man does not marry a polytheist woman, but he may marry a Jewish or Christian woman. The religion intended here is adherence to the rulings of the religion in Islam, which means performing the obligatory acts and avoiding the prohibitions. It is not a condition for the validity of the marriage contract that the husband be pleasing in his religion. It is permissible for a person to marry his daughter to an open sinner, and if he does, the marriage contract is valid. Yes, but we will discuss this later, if Allah wills. Also, part of compatibility is status, meaning he has a position. In the hadith,Sahih al-Bukhari 6806 status is lineage and freedom. Lineage means being from a known tribe, and freedom means not being a slave. These are not conditions for its validity; rather, the marriage contract is valid even if the husband is not upright, even if the husband is not a relative, and even if the husband is a slave. Pay attention. Here are three men. A man married his daughter to a man who shaves his beard. What is the ruling on the marriage?
The questioner : Correct.
The Shaykh : Fine. A man from a specific tribe, yes, from the tribes, married a woman who has no known origin in that tribe. The marriage is valid. Fine. A man who has a daughter married her to a slave. The marriage is valid. Understood?
The questioner : Yes.
The Shaykh : Be certain it is valid, because the author says it is not a condition for its validity. Fine.
The author (may Allah have mercy on him) said, after mentioning the conditions of the marriage contract: "And compatibility is not a condition for its validity". He specified this because some scholars said that compatibility is a condition for validity, some said it is a condition for binding force, and some said it is not a condition for either. Pay attention, my son. There are three opinions regarding compatibility. The first is that it is a condition for validity, the second is that it is a condition for binding force, and the third is that it is not a condition for binding force or validity. Let us look at what compatibility is. It is religion. The religion intended here is not Islam, because it has already been established that a polytheist does not marry a believing woman, and a believing man does not marry a polytheist woman, but he may marry a Jewish or Christian woman. The religion intended here is adherence to the rulings of the religion in Islam, which means performing the obligatory acts and avoiding the prohibitions. It is not a condition for the validity of the marriage contract that the husband be pleasing in his religion. It is permissible for a person to marry his daughter to an open sinner, and if he does, the marriage contract is valid. Yes, but we will discuss this later, if Allah wills. Also, part of compatibility is status, meaning he has a position. In the hadith,
a man who is called by a charming lady of noble birth
ورجل دعته امرأة ذات منصب وجمالThe questioner : Correct.
The Shaykh : Fine. A man from a specific tribe, yes, from the tribes, married a woman who has no known origin in that tribe. The marriage is valid. Fine. A man who has a daughter married her to a slave. The marriage is valid. Understood?
The questioner : Yes.
The Shaykh : Be certain it is valid, because the author says it is not a condition for its validity. Fine.