Explanation of the Book of Marriage-04
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The Shaykh :"And from Abu Burdah ibn Abu Musa, from his father (may Allah be pleased with them both), who said: The Messenger of Allah (peace and blessings be upon him) said: Sunan Ibn Majah 1880Sahih (Darussalam) It was narrated by Ahmad and the four [imams], and Ibn al-Madini, al-Tirmidhi, and Ibn Hibban graded it as authentic, though it was criticized for being mursal".
His saying (peace and blessings be upon him):Sunan Ibn Majah 1880Sahih (Darussalam) The negation here is not a negation of the existence of the marriage, why? Because a marriage may exist without a guardian; a woman may marry herself off. So, if it is not possible for the negation to be a negation of existence, it is understood as a negation of validity, because the absence of validity is a legal non-existence. And we said: in the first case, negation of existence means physical existence, because the default for negation is the negation of physical existence. If that is not possible, we move to the negation of legal existence, which scholars refer to as the negation of validity. If that is not possible, meaning: if the evidence indicates the validity of this negated matter by explicit text, meaning evidence from the text or from scholarly consensus, then the negation is a negation of perfection. Now, Sunan Ibn Majah 1880Sahih (Darussalam) we ask: Is the negation of existence? No, why?
The student: It may exist.
The Shaykh : Because it may exist; a woman may marry herself off without a guardian. Is it a negation of validity? Yes, it is a negation of validity.
Is it a negation of perfection? No, because whenever it is possible to understand the negation as a negation of validity, that is what is obligatory, because it is the default for negation, because it is the default for negation. So, there is no valid marriage except with a guardian, meaning: a guardian who takes charge of the contract. The guardian is the close relative, and it is required that he be a residuary heir, meaning: a close relative from among the residuary heirs. As for the maternal relatives and maternal brothers, they are not among the guardians. The intended meaning of the guardian is the residuary heir.
Now, his saying (peace and blessings be upon him):Sunan Ibn Majah 1880Sahih (Darussalam)
Second: He has a deliberation and lack of impulsiveness that the woman does not have. As for the woman, she is short-sighted and near-sighted. Every person can deceive her, either by his appearance or by the softness of his speech or the like, so she is deceived and falls into ruin without realizing it. Therefore, it was a mercy from Allah (Mighty and Majestic) for the woman that she not marry herself off, and that no one should marry her off except the guardian.
Yes, and then his saying:Sunan Ibn Majah 1880Sahih (Darussalam) indicates
There is no marriage except with a guardian.
لا نكاح إلا بوليHis saying (peace and blessings be upon him):
There is no marriage except with a guardian.
لا نكاح إلا بوليThere is no marriage except with a guardian.
لا نكاح إلا بوليThe student: It may exist.
The Shaykh : Because it may exist; a woman may marry herself off without a guardian. Is it a negation of validity? Yes, it is a negation of validity.
Is it a negation of perfection? No, because whenever it is possible to understand the negation as a negation of validity, that is what is obligatory, because it is the default for negation, because it is the default for negation. So, there is no valid marriage except with a guardian, meaning: a guardian who takes charge of the contract. The guardian is the close relative, and it is required that he be a residuary heir, meaning: a close relative from among the residuary heirs. As for the maternal relatives and maternal brothers, they are not among the guardians. The intended meaning of the guardian is the residuary heir.
Now, his saying (peace and blessings be upon him):
There is no marriage except with a guardian.
لا نكاح إلا بوليSecond: He has a deliberation and lack of impulsiveness that the woman does not have. As for the woman, she is short-sighted and near-sighted. Every person can deceive her, either by his appearance or by the softness of his speech or the like, so she is deceived and falls into ruin without realizing it. Therefore, it was a mercy from Allah (Mighty and Majestic) for the woman that she not marry herself off, and that no one should marry her off except the guardian.
Yes, and then his saying: