And when she learns of the defect or it occurs, her guardian does not compel her to annul the marriage
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The Shaykh : Then the author (may Allah have mercy on him) said "And when she learns of the defect or it occurs" meaning after the contract, "her guardian does not compel her to annul the marriage". Look, the guardian prevents the marriage contract but does not prevent its continuation, because continuation is stronger than initiation, and this is a well-known principle of Islamic jurisprudence: "Continuation is stronger than initiation." This principle is indicated by the ruling that the fragrance remains valid after entering the state of ihram if one applied it before entering ihram, whereas initiating the application of fragrance after entering ihram is prohibited. If a man in ihram wants to apply fragrance after his ihram, is he prevented or not?
The questioner : He is prevented.
The Shaykh : O Allah, guide us among those You have guided. A man in ihram wants to apply fragrance after his ihram.
The questioner : ... .
The Shaykh : Yes, after the ihram, after he said "Labbaik 'Umrah" or "Labbaik Hajj," he says, "I find a bad smell, so I want to apply fragrance?"
The questioner : He is prevented.
The Shaykh : Is it prohibited?
The questioner : Yes.
The Shaykh : Okay, another man applied fragrance before entering the state of ihram, and the fragrance remained after his ihram. Do we say he must remove the fragrance?
The questioner : No.
The Shaykh : Why? Because continuation is stronger than initiation. Here, we say: if a woman married a sane man and then he became insane—may Allah grant us well-being—does her guardian compel her to annul the marriage?
The questioner : No.
Another questioner: Yes.
The Shaykh : No. If a woman wants to marry a man who is insane, is she prevented?
The questioner : Yes.
The Shaykh : Why did we say "no" in the first case and "prevented" in the second? Because the first is the continuation of a marriage and the second is the initiation of a marriage, and continuation is stronger than initiation. This is clear, and the Sunnah bears witness to it in the issue of fragrance for the one in ihram.
The questioner : Time.
The Shaykh : Yes, is the time up?
The questioner : Yes.
The questioner : He is prevented.
The Shaykh : O Allah, guide us among those You have guided. A man in ihram wants to apply fragrance after his ihram.
The questioner : ... .
The Shaykh : Yes, after the ihram, after he said "Labbaik 'Umrah" or "Labbaik Hajj," he says, "I find a bad smell, so I want to apply fragrance?"
The questioner : He is prevented.
The Shaykh : Is it prohibited?
The questioner : Yes.
The Shaykh : Okay, another man applied fragrance before entering the state of ihram, and the fragrance remained after his ihram. Do we say he must remove the fragrance?
The questioner : No.
The Shaykh : Why? Because continuation is stronger than initiation. Here, we say: if a woman married a sane man and then he became insane—may Allah grant us well-being—does her guardian compel her to annul the marriage?
The questioner : No.
Another questioner: Yes.
The Shaykh : No. If a woman wants to marry a man who is insane, is she prevented?
The questioner : Yes.
The Shaykh : Why did we say "no" in the first case and "prevented" in the second? Because the first is the continuation of a marriage and the second is the initiation of a marriage, and continuation is stronger than initiation. This is clear, and the Sunnah bears witness to it in the issue of fragrance for the one in ihram.
The questioner : Time.
The Shaykh : Yes, is the time up?
The questioner : Yes.