And if one combines a permissible and a forbidden [party] in a contract, it is valid with regard to the one who is permissible
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The Shaykh : He said "And if one combines a permissible and a forbidden [party] in a contract, it is valid with regard to the one who is permissible" meaning it is invalid with regard to the one who is forbidden. An example of this is a man who marries a woman who is forbidden and a woman who is not forbidden; two women, one of whom is forbidden and the other is not. This man married them to their cousin, who is their guardian. He said, "I have married you to So-and-so and So-and-so." He said, "I accept." One of them is forbidden and the other is not. With whom is the marriage valid?
The questioner : With the one who is not forbidden.
The Shaykh : With the one who is not forbidden, and the marriage of the other is invalid. This is because the rule is that if a transaction combines a permissible and a forbidden [element], it is valid with what?
The questioner : With the permissible.
The Shaykh : With the permissible, not the forbidden. Similarly, a man marries a person to his daughter and his slave woman. He said, "I have married you to my daughter and my slave woman." He said, "I accept." Here, he combined a permissible and a forbidden [party]. Which one is the permissible?
The questioner : ... .
The Shaykh : And the slave woman?
The questioner : The slave woman is forbidden.
The Shaykh : It is forbidden because it is not permissible to marry slave women when one is able to marry free women. All right. One who is in the waiting period and one who is not. The one who is not in the waiting period is valid, and the one who is in the waiting period is not valid. All right.
The questioner : With the one who is not forbidden.
The Shaykh : With the one who is not forbidden, and the marriage of the other is invalid. This is because the rule is that if a transaction combines a permissible and a forbidden [element], it is valid with what?
The questioner : With the permissible.
The Shaykh : With the permissible, not the forbidden. Similarly, a man marries a person to his daughter and his slave woman. He said, "I have married you to my daughter and my slave woman." He said, "I accept." Here, he combined a permissible and a forbidden [party]. Which one is the permissible?
The questioner : ... .
The Shaykh : And the slave woman?
The questioner : The slave woman is forbidden.
The Shaykh : It is forbidden because it is not permissible to marry slave women when one is able to marry free women. All right. One who is in the waiting period and one who is not. The one who is not in the waiting period is valid, and the one who is in the waiting period is not valid. All right.