about some of the rulings of the marriage contract?
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The questioner : Shaykh, may Allah reward you. A matter came up in our last lesson: if a guest of his said, "Marry me your daughter," and he said, "I have married her to you," we said that this is a marriage (nikah).
The Shaykh : Acceptance is necessary, but if he was the one who asked, saying, "Will you marry me your daughter?" and he said, "Yes, I have married her to you."
The questioner : He accepted.
The Shaykh : Yes.
The questioner : He accepted, and the days passed... this is the one who married... him, I say, what is the status of the woman now? Does she remain...
The Shaykh : She is his wife.
The questioner : He has not come since that word he said in the gathering, and the days have passed.
The Shaykh : She is his wife; if he died, she would inherit from him, and if she died, he would inherit from her.
The questioner : But she remains [unmarried] until she marries.
The Shaykh : She does not marry, but in any case, they will return to him. When she reaches the age of marriage, they will say, "Come and take your wife."
The questioner : But if the matter is taken as a word of jest said in a gathering.
The Shaykh : We said that a marriage (nikah) in jest is serious.
The questioner : Yes.
The Shaykh :Sunan Ibn Majah 2039Hasan (Darussalam) Among them is the marriage (nikah).
The questioner : But may Allah reward you, the woman's family does not know about this...
The Shaykh : How do they not know?
The questioner : I mean they do not know, meaning they distinguish between this being serious and this being a joke in the marriage, so they left the husband and married the woman [to someone else].
The Shaykh : If they married her in this situation, the marriage (nikah) is not valid.
The questioner : It is invalid.
The Shaykh : It is invalid, but there remains a matter: this marriage (nikah) may be invalid if there were no witnesses, and we said that witnesses are necessary, so here the marriage (nikah) is not valid.
The Shaykh : Acceptance is necessary, but if he was the one who asked, saying, "Will you marry me your daughter?" and he said, "Yes, I have married her to you."
The questioner : He accepted.
The Shaykh : Yes.
The questioner : He accepted, and the days passed... this is the one who married... him, I say, what is the status of the woman now? Does she remain...
The Shaykh : She is his wife.
The questioner : He has not come since that word he said in the gathering, and the days have passed.
The Shaykh : She is his wife; if he died, she would inherit from him, and if she died, he would inherit from her.
The questioner : But she remains [unmarried] until she marries.
The Shaykh : She does not marry, but in any case, they will return to him. When she reaches the age of marriage, they will say, "Come and take your wife."
The questioner : But if the matter is taken as a word of jest said in a gathering.
The Shaykh : We said that a marriage (nikah) in jest is serious.
The questioner : Yes.
The Shaykh :
There are three matters in which seriousness is serious and joking is serious
ثلاث جدهن جد وهزلهن جدThe questioner : But may Allah reward you, the woman's family does not know about this...
The Shaykh : How do they not know?
The questioner : I mean they do not know, meaning they distinguish between this being serious and this being a joke in the marriage, so they left the husband and married the woman [to someone else].
The Shaykh : If they married her in this situation, the marriage (nikah) is not valid.
The questioner : It is invalid.
The Shaykh : It is invalid, but there remains a matter: this marriage (nikah) may be invalid if there were no witnesses, and we said that witnesses are necessary, so here the marriage (nikah) is not valid.