And if he stipulated that she be a Muslim woman, but she turned out to be a People of the Book, or if he stipulated that she be a virgin
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The Shaykh : Then he said "And if he stipulated that she be a Muslim woman, but she turned out to be a People of the Book", he has the option to annul the marriage, otherwise he does not? He has the option. That is why he said he has the right to annul. A man married a woman on the condition that she be a Muslim, but he did not stipulate that she be a Muslim. When he entered upon her, he found a cross on her chest and that she says, "I bear witness that Jesus is the son of Allah, and Allah is the third of three." She surprised him with this. A man entered upon his wife thinking she was a Muslim, and she was a Christian. Does he have the option or not?
The questioner : It is not ... .
The Shaykh : He does not have the option unless he stipulated that she be a Muslim. That is why the author said "If he stipulated that she be a Muslim". This indicates that if he did not stipulate that she be a Muslim, and she turned out to be Jewish or Christian, meaning Christian or Zionist, he does not have the option. Glory be to Allah, the strangeness of this. This may not be strange if the lands are mixed with Jews, Muslims, and Christians, but it is strange if it is in Islamic lands where most of the people are Muslims. So we say that stipulating that she be a Muslim, even if not with the tongue, is what?
The questioner : By the state of affairs.
The Shaykh : By the state of affairs. So the correct view is that he has the right to annul in this case. And annulment, note, is different from divorce. Annulment returns the mahr to the one who deceived him, while divorce after consummation settles the mahr. All right. He stipulated that she be a virgin, and when he entered upon her, he found her to be a non-virgin. Does he have the option or not?
The questioner : Yes.
The Shaykh : He has the option, so he annuls and returns the mahr to the one who deceived him. All right. If he did not stipulate that she be a virgin and found her to be a non-virgin, he does not have the option, even if it is known that this girl had not married before, and then he found her to be a non-virgin. She has no option because he did not stipulate that. This is difficult. If he said, "If she had been married, I would prefer that to finding her a non-virgin when she had not married," because where did this non-virginity come from? From intercourse. And this intercourse may have been forbidden. And the woman may have been raped. And her virginity may be lost without intercourse. But the important thing is that if he did not stipulate that she be a virgin and found her not to be a virgin, he has no option unless he stipulated it. If someone asks, "Should not the customary condition be treated like the verbal condition, meaning that everyone knows that if a man marries a girl who has not married before, she is a virgin, and there is no need for the man to stipulate this?" We say this is the reality. But now, people who write marriage contracts mention the virgin. "So-and-so son of so-and-so married the virgin So-and-so daughter of so-and-so," and they specify this. We say this provides comfort so that there is no dispute between the man and his wife if he finds her not to be a virgin. All right. If he stipulated that she be beautiful?
The questioner : The time is up.
The Shaykh : Are you finished? Not yet.
The questioner : ... .
The Shaykh : Yes, why didn't you announce this?
The questioner : No, I did not announce it.
The Shaykh : I did not announce it. I am favoring you today. All right, we will leave the rest for tomorrow, if Allah wills. Yes?
The questioner : Shaykh ... .
The Shaykh : You see, just because I am bringing it up here, otherwise usually there is no question. Yes, please go ahead.
The questioner : It is not ... .
The Shaykh : He does not have the option unless he stipulated that she be a Muslim. That is why the author said "If he stipulated that she be a Muslim". This indicates that if he did not stipulate that she be a Muslim, and she turned out to be Jewish or Christian, meaning Christian or Zionist, he does not have the option. Glory be to Allah, the strangeness of this. This may not be strange if the lands are mixed with Jews, Muslims, and Christians, but it is strange if it is in Islamic lands where most of the people are Muslims. So we say that stipulating that she be a Muslim, even if not with the tongue, is what?
The questioner : By the state of affairs.
The Shaykh : By the state of affairs. So the correct view is that he has the right to annul in this case. And annulment, note, is different from divorce. Annulment returns the mahr to the one who deceived him, while divorce after consummation settles the mahr. All right. He stipulated that she be a virgin, and when he entered upon her, he found her to be a non-virgin. Does he have the option or not?
The questioner : Yes.
The Shaykh : He has the option, so he annuls and returns the mahr to the one who deceived him. All right. If he did not stipulate that she be a virgin and found her to be a non-virgin, he does not have the option, even if it is known that this girl had not married before, and then he found her to be a non-virgin. She has no option because he did not stipulate that. This is difficult. If he said, "If she had been married, I would prefer that to finding her a non-virgin when she had not married," because where did this non-virginity come from? From intercourse. And this intercourse may have been forbidden. And the woman may have been raped. And her virginity may be lost without intercourse. But the important thing is that if he did not stipulate that she be a virgin and found her not to be a virgin, he has no option unless he stipulated it. If someone asks, "Should not the customary condition be treated like the verbal condition, meaning that everyone knows that if a man marries a girl who has not married before, she is a virgin, and there is no need for the man to stipulate this?" We say this is the reality. But now, people who write marriage contracts mention the virgin. "So-and-so son of so-and-so married the virgin So-and-so daughter of so-and-so," and they specify this. We say this provides comfort so that there is no dispute between the man and his wife if he finds her not to be a virgin. All right. If he stipulated that she be beautiful?
The questioner : The time is up.
The Shaykh : Are you finished? Not yet.
The questioner : ... .
The Shaykh : Yes, why didn't you announce this?
The questioner : No, I did not announce it.
The Shaykh : I did not announce it. I am favoring you today. All right, we will leave the rest for tomorrow, if Allah wills. Yes?
The questioner : Shaykh ... .
The Shaykh : You see, just because I am bringing it up here, otherwise usually there is no question. Yes, please go ahead.