Explanation of the Book of Marriage-04
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
The author (may Allah have mercy on him) said, as he quoted: "From 'Amir ibn 'Abd Allah ibn al-Zubayr, from his father, meaning 'Abd Allah ibn al-Zubayr (may Allah be pleased with them), that the Messenger of Allah (peace and blessings be upon him) said:. Ahmad narrated it, and al-Hakim graded it as authentic."
"Announce the proposal to the woman." Announcing is making it public, and its opposite is keeping it secret. His saying: includes announcing the contract and announcing the consummation, meaning it includes the contract and the consummation in which the woman is delivered to the man. Ahmad narrated it, and al-Hakim graded it as authentic.
The Prophet (peace and blessings be upon him) only commanded the announcement of the marriage because of the benefits in it.
Among the benefits of announcing the marriage is that it clarifies the difference between marriage and fornication, because fornication, which is zina, is only done secretly and in hiding. So the marriage is announced so that the difference between this and that is distinguished.
And among its benefits is announcing the innate, legislated custom, which is marriage, because marriage is required by the Shari'ah, the fitrah, and the nature with which Allah created the creation.
And among them is that it serves as encouragement to follow it and emulate it, for when it becomes widespread, those of similar status will follow suit and marry as their peer did.
And among the benefits is also that perhaps one person may have knowledge of a milk-kinship between the husband and the wife, so if it is publicized and announced and becomes clear, then the harm of marrying, then consummating, then producing children, and then the testimony appearing afterwards is averted by that.
These are the benefits of announcing the marriage which the Prophet (peace and blessings be upon him) commanded.
And his saying: is a command, and the original ruling of a command is obligation, but it is not known that any scholar said this, meaning the obligation of announcing the marriage. And on this basis, the command is for recommendation. The factor that shifts it to recommendation is that no scholar has held this view, so it is for recommendation. Know that the marriage is most complete when witnessing and announcing are combined. Witnessing and announcing, this is the most complete form. If witnessing is combined with secrecy, the scholars differed regarding its validity, the validity of the marriage. Some of them hold that it is valid, and some of them suspend judgment on it, because witnessing with secrecy does not yield a great benefit.
The third: that there is announcing without witnessing, meaning: a person marries in the presence of the guardian without witnessing, such as saying: "I have married you to my daughter," and he says: "I accept," and then afterwards it is announced. The scholars differed regarding its validity, and the stronger view is that it is valid, as chosen by Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), that announcing is sufficient in place of witnessing, because announcing is more effective than mere witnessing. Then, witnessing is achieved through announcing, because this is something known through widespread knowledge. Okay, and what remains for us?
That it is devoid of both announcing and witnessing, so the marriage is not valid. The marriage is not valid, because it lacks the witnessing by which the marriage is established and the announcing by which the marriage is made public. So these are four categories in the issue of announcing and witnessing.
Then the author said: And from Abu Burdah ibn Abu Musa (may Allah be pleased with him).
The student: ...
The Shaykh : How? There is no benefit except one. One benefit, which is the command to announce the marriage, either for obligation or for recommendation, but no one is known to have said it is obligatory.
And the benefits of announcing, we mentioned them.
The questioner :
The Shaykh : What?
The questioner : ...
The Shaykh : How?
The questioner : ...
The Shaykh : No, we explained it. There are no benefits.
The author (may Allah have mercy on him) said, as he quoted: "From 'Amir ibn 'Abd Allah ibn al-Zubayr, from his father, meaning 'Abd Allah ibn al-Zubayr (may Allah be pleased with them), that the Messenger of Allah (peace and blessings be upon him) said:
Announce the marriage
أعلنوا النكاح"Announce the proposal to the woman." Announcing is making it public, and its opposite is keeping it secret. His saying:
Announce the marriage
أعلنوا النكاحThe Prophet (peace and blessings be upon him) only commanded the announcement of the marriage because of the benefits in it.
Among the benefits of announcing the marriage is that it clarifies the difference between marriage and fornication, because fornication, which is zina, is only done secretly and in hiding. So the marriage is announced so that the difference between this and that is distinguished.
And among its benefits is announcing the innate, legislated custom, which is marriage, because marriage is required by the Shari'ah, the fitrah, and the nature with which Allah created the creation.
And among them is that it serves as encouragement to follow it and emulate it, for when it becomes widespread, those of similar status will follow suit and marry as their peer did.
And among the benefits is also that perhaps one person may have knowledge of a milk-kinship between the husband and the wife, so if it is publicized and announced and becomes clear, then the harm of marrying, then consummating, then producing children, and then the testimony appearing afterwards is averted by that.
These are the benefits of announcing the marriage which the Prophet (peace and blessings be upon him) commanded.
And his saying:
Announce
أعلنواThe third: that there is announcing without witnessing, meaning: a person marries in the presence of the guardian without witnessing, such as saying: "I have married you to my daughter," and he says: "I accept," and then afterwards it is announced. The scholars differed regarding its validity, and the stronger view is that it is valid, as chosen by Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), that announcing is sufficient in place of witnessing, because announcing is more effective than mere witnessing. Then, witnessing is achieved through announcing, because this is something known through widespread knowledge. Okay, and what remains for us?
That it is devoid of both announcing and witnessing, so the marriage is not valid. The marriage is not valid, because it lacks the witnessing by which the marriage is established and the announcing by which the marriage is made public. So these are four categories in the issue of announcing and witnessing.
Then the author said: And from Abu Burdah ibn Abu Musa (may Allah be pleased with him).
The student: ...
The Shaykh : How? There is no benefit except one. One benefit, which is the command to announce the marriage, either for obligation or for recommendation, but no one is known to have said it is obligatory.
And the benefits of announcing, we mentioned them.
The questioner :
The Shaykh : What?
The questioner : ...
The Shaykh : How?
The questioner : ...
The Shaykh : No, we explained it. There are no benefits.