Explanation of the Book of Marriage-05

The Shaykh : And from 'Aishah (may Allah be pleased with her), she said: The Messenger of Allah (peace and blessings be upon him) said: It was narrated by the four except al-Nasa'i, and it was authenticated by Abu 'Awanah, Ibn Hibban, and al-Hakim.
His saying: This "ay" is conditional, "ay" is the subject, "ma" is superfluous, "ay" is the noun to which it is added, and "imra'ah" (woman) is the noun to which it is added.
If someone were to ask: How did you say that "ayma" is in the nominative case, while it is in the accusative case in the saying of Allah the Exalted: ?
The answer is that in the noble verse, it is a fronted object: And in this hadith, it is the subject .
The student: The hadith.

The Shaykh : In this hadith, yes, in this hadith As for in the verse, it is a fronted object.
His saying: "Imra'ah" (woman) is an indefinite noun in the context of a condition, so it includes both the married woman and the virgin.
And his saying: If he handles it himself, handling it directly is stronger than giving permission. But perhaps he does not handle it directly and permits it by way of agency, so the hadith includes this.
And his saying: If someone were to ask: If her guardian permitted her to marry herself? The answer is that that is not valid. Because if she were qualified to marry herself as a branch from others, it would be valid for her to be qualified to marry herself as a root from what? From herself. For this reason, we say: And on this basis, there is no evidence in the hadith that if the guardian permitted her to marry herself, the marriage would be valid.
And his saying: "Invalid" in the Arabic language means: lost, going to waste. The invalid contract is the one upon which its effects do not follow. And marriage has great effects following it, among which are the permissibility of the woman to the husband, the attribution of children to him, and the obligation of maintenance, the maintenance being upon the husband, and other numerous rulings. All these rulings do not follow if the marriage is what?
The student: Invalid.

The Shaykh : Invalid. If the marriage is invalid, and whoever marries herself without a guardian, her marriage is invalid.
He said: Who? The subject of "entered" refers to the husband, even if he was not mentioned before, because the context requires it. He said: Meaning: he had intercourse with her. And this is the meaning of entering with a woman, as in the saying of Allah the Exalted: Meaning: you had intercourse with them. So entering with a woman means having intercourse with her.
If he has intercourse with her And he did not say: "If he has intercourse with her, she is his wife." No, he said: "She is entitled to the mahr," but she is forbidden to him. But because he made her private parts lawful in this defective contract, she became entitled to the mahr. And the mahr is the compensation, the compensation established for the woman by the marriage contract and what is attached to it. This is the mahr, the compensation established for the woman by the marriage contract and what is attached to it.
He said: The "waw" in his saying: refers to the guardians. So if a person says: Where does its reference return to? And how does the pronoun refer to something without a reference?
The answer is that its reference is known from the context, because he said: Meaning: the guardians disputed among themselves. And the form of the dispute is: the father says: I will not marry my daughter to this man, and he is a suitable match. So the uncle says: I will marry her if you do not marry her, I will marry her. So he says: If you marry her, I will empty ten bullets into your head. Yes, this can happen among the Bedouin. Yes, marry my daughter while I am alive. It is not possible. A fight occurs. If a fight occurs, then if the fight happens between the father and his brother, and the uncle, it is between the father and one who is further away than the brother. Yes, more likely. So a quarrel will occur, this one says: marry her, and this one says: it is not possible, marry her.
He says: Glory be to Allah! The Prophet (peace and blessings be upon him) did not say: "So the ruler marries her." Rather, he came with a general rule: So who is the ruler? The ruler is the one who has authority in the place of the contract. He has authority in the place of the contract. So if we are in a country with a higher ruler, the higher ruler is the guardian or the one he appoints. And if we are in a country without a higher ruler, like if they are in a land of disbelief. The authority in the lands of disbelief has no guardianship over the Muslims, then the one with authority in her place marries her, the chief of the people, the chief of the tribe, and the like.