"Or he said, 'I have married you to my daughter if the beginning of the month arrives, or if her mother is pleased'"
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The Shaykh : He says "Or he said, 'I have married you to my daughter if the beginning of the month arrives, or if her mother is pleased'" This is called a conditional marriage. For example, he says, "I have married you to my daughter if the tenth day of Rabi' al-Akhir arrives," and the man says, "I accept." Then the tenth day arrives. If the contract is renewed, is the marriage valid by the first contract or the second?
The questioner : The second one.
The Shaykh : By the second. And if the first contract is affirmed, the marriage is not valid according to the author's statement. The second scenario is when he says, "I have married you to my daughter if her mother is pleased," or "if my brother is pleased." Suppose this man has an elder brother who is dear to him, and he says, "I have married you to my daughter if my brother is pleased," and the man says, "I accept." Then the brother is pleased. Is the contract valid or not?
The questioner : It is not valid.
The Shaykh : According to the author's statement, it is not valid. It is not valid. Every conditional marriage is not valid. However, the correct view is that there is a distinction in this matter. If it is a mere condition, then the statement that the contract is not valid is correct, such as saying, "I have married you to my daughter if the tenth day of Rabi' al-Akhir arrives." But if the condition has a specific intended purpose, then the marriage is valid. For example, "I have married you to my daughter if my brother is pleased." We go to his brother, and he says, "I am pleased." We say, "Take your wife." There is no need to renew the contract because our contract was conditional on the brother's pleasure, and this is an intended purpose. Is it intended or not? Say it, brothers? It is intended. It is a valid purpose. But if it is the tenth day of Rabi', it is generally not intended. It might be intended in the sense that there is work during these days that requires the woman, so it might be intended. But generally, there is no intended purpose. So, to summarize, a marriage conditional on a marriage condition is not valid, even if the condition is fulfilled, according to the author's statement and according to what we choose. Have you heard? Good.
If he said, "I have married you to my daughter, if Allah wills," and the man said, "I accept," we say this is valid, because the mere offer and acceptance indicates that Allah willed it. If Allah had willed otherwise, it would not have happened. Good. "I have married you to my daughter if she is my daughter," and they both know that she is his daughter. Yes? This is valid, because the reality of the matter is not a condition but a clarification of the actual situation. This is, in fact, a clarification of the actual situation.
He said, "I have married you to my daughter if her waiting period has ended," and they both know that the waiting period has ended.
The questioner : It is valid.
The Shaykh : Yes? It is valid, according to the correct view. But if they do not know that it has ended, the author's statement indicates that it is not valid. The correct view is that it is valid if it is established that the waiting period has ended. It may also be said that it is not valid because a woman in her waiting period cannot be married. So if we say, "if her waiting period has ended," the marriage becomes doubtful, so it is not valid until they know that it has ended, and then the contract is renewed. He says.
The questioner : ... if she is his daughter and they both know that she is his daughter.
The Shaykh : Yes, this is valid.
The questioner : The second one.
The Shaykh : By the second. And if the first contract is affirmed, the marriage is not valid according to the author's statement. The second scenario is when he says, "I have married you to my daughter if her mother is pleased," or "if my brother is pleased." Suppose this man has an elder brother who is dear to him, and he says, "I have married you to my daughter if my brother is pleased," and the man says, "I accept." Then the brother is pleased. Is the contract valid or not?
The questioner : It is not valid.
The Shaykh : According to the author's statement, it is not valid. It is not valid. Every conditional marriage is not valid. However, the correct view is that there is a distinction in this matter. If it is a mere condition, then the statement that the contract is not valid is correct, such as saying, "I have married you to my daughter if the tenth day of Rabi' al-Akhir arrives." But if the condition has a specific intended purpose, then the marriage is valid. For example, "I have married you to my daughter if my brother is pleased." We go to his brother, and he says, "I am pleased." We say, "Take your wife." There is no need to renew the contract because our contract was conditional on the brother's pleasure, and this is an intended purpose. Is it intended or not? Say it, brothers? It is intended. It is a valid purpose. But if it is the tenth day of Rabi', it is generally not intended. It might be intended in the sense that there is work during these days that requires the woman, so it might be intended. But generally, there is no intended purpose. So, to summarize, a marriage conditional on a marriage condition is not valid, even if the condition is fulfilled, according to the author's statement and according to what we choose. Have you heard? Good.
If he said, "I have married you to my daughter, if Allah wills," and the man said, "I accept," we say this is valid, because the mere offer and acceptance indicates that Allah willed it. If Allah had willed otherwise, it would not have happened. Good. "I have married you to my daughter if she is my daughter," and they both know that she is his daughter. Yes? This is valid, because the reality of the matter is not a condition but a clarification of the actual situation. This is, in fact, a clarification of the actual situation.
He said, "I have married you to my daughter if her waiting period has ended," and they both know that the waiting period has ended.
The questioner : It is valid.
The Shaykh : Yes? It is valid, according to the correct view. But if they do not know that it has ended, the author's statement indicates that it is not valid. The correct view is that it is valid if it is established that the waiting period has ended. It may also be said that it is not valid because a woman in her waiting period cannot be married. So if we say, "if her waiting period has ended," the marriage becomes doubtful, so it is not valid until they know that it has ended, and then the contract is renewed. He says.
The questioner : ... if she is his daughter and they both know that she is his daughter.
The Shaykh : Yes, this is valid.