Benefits of the Hadith: (That a virgin girl came to the Prophet (peace and blessings be upon him) and mentioned that her father had married her off while she was unwilling . . . ) .
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The Shaykh : Among the benefits of this hadith: It is permissible for a person to complain about his father to the judge regarding personal rights. For example, if his father refuses to marry him off while he is poor and his father is wealthy, he has the right to take him to the ruler and demand that he be married off, because this is one of the personal rights that he must have. If his father refuses to provide for him while he is poor and the father is wealthy, the son has the right to take him to the ruler, because this is one of the personal rights that the son must have. Now, if his father married him to one woman but the son is not satisfied with her, meaning that the one woman did not satisfy him, and he demands a second one.
The student: It is obligatory.
The Shaykh : Must he be married off?
The student: It is obligatory.
The Shaykh : Must he be married off?
The student: Yes.
The Shaykh : Must he be married off, and to a third one?
The student: Yes.
The Shaykh : And to a fourth one?
The student: Yes.
The Shaykh : And if he requests, should he buy him slave women? It is difficult, but in any case: a person has the right to demand his personal rights from his father. As for what does not pertain to the person himself, such as debts, for example, he does not demand them from him. For instance, if the son had lent his father dirhams and then demanded them from him, and the father refused to give them to him, the son does not have the right to take him to the ruler. If he does so, the ruler will say to him: and the lawsuit is invalidated, meaning: the dispute.
And among the benefits of this hadith: The marriage of a virgin, even if it is by the father, is referred back to her, not to the father. The point is:
That the Prophet (peace and blessings be upon him) gave her the choice. If the father had the right to force her, the Prophet (peace and blessings be upon him) would have said: There is no choice for you with your father.
And among the benefits of this hadith: The permissibility of the action of a non-authorized person. The permissibility of the action of a non-authorized person. What is meant by the action of a non-authorized person? It means that a person acts in the right of another without his permission. If he then gives permission, the action is executed. The point is: The Prophet (peace and blessings be upon him) made the matter of this marriage, meaning: the marriage of the girl who was forced into marriage or into a husband, up to her. It is understood from this: If she approves it, it is executed, and if she does not approve it, it is annulled. If this is the case in marriage, given its gravity, then it is even more so in other contracts. On this basis, if a person sells a man's car without authorization, but he knows that this man desires to sell his car, and a person comes looking for a car, so he seizes the opportunity and sells it to him without authorization, and then afterwards informs the owner of the car and he agrees, is the contract valid or not valid?
The student: It is correct.
The Shaykh : It is valid. Now, does the buyer own it from the time of the contract, or from the time of approval?
The student: From the time of the contract.
The Shaykh : From the time of the contract, because he approved the previous contract. This resembles, in some respects, what passed us in the morning lesson, which is the approval of the heirs of the bequest or the acceptance by the beneficiary? The acceptance by the beneficiary. If the beneficiary accepts the bequest after the death of the bequeather for a period, does ownership extend to what has passed, and is it in the ownership of the beneficiary from the death of the bequeather, or from the acceptance of the beneficiary? Yes, we mentioned that there is a difference of opinion in this, and that the one who followed the author of "Zad al-Mustaqni'" is that ownership is established from the time of death, that ownership extends to what was before the acceptance, and that the school of thought does not establish it except by acceptance. Yes.
And among the benefits of this hadith: That the Islamic Shari'ah takes the right of the oppressed, even if it is from the closest people to him. The point is: The Prophet (peace and blessings be upon him) gave this woman, whom her father married off while she was unwilling, the choice, because this is injustice to her. Of the most unjust of injustices is that a woman is married to a person she hates, because this person will remain her partner in the house and in the children. So how can we force her to a person she does not want? She will suffer from harm and psychological anxiety, and it may sometimes reach the level of madness. Some women try to burn themselves or kill themselves from the intensity of the oppression they find. And there is no doubt that this is aggression and injustice, and the Shari'ah removes injustice from the oppressed, even if it is from what? From the closest people to him.
The student: It is obligatory.
The Shaykh : Must he be married off?
The student: It is obligatory.
The Shaykh : Must he be married off?
The student: Yes.
The Shaykh : Must he be married off, and to a third one?
The student: Yes.
The Shaykh : And to a fourth one?
The student: Yes.
The Shaykh : And if he requests, should he buy him slave women? It is difficult, but in any case: a person has the right to demand his personal rights from his father. As for what does not pertain to the person himself, such as debts, for example, he does not demand them from him. For instance, if the son had lent his father dirhams and then demanded them from him, and the father refused to give them to him, the son does not have the right to take him to the ruler. If he does so, the ruler will say to him:
You and your wealth belong to your father
أنت ومالك لأبيكAnd among the benefits of this hadith: The marriage of a virgin, even if it is by the father, is referred back to her, not to the father. The point is:
That the Prophet (peace and blessings be upon him) gave her the choice. If the father had the right to force her, the Prophet (peace and blessings be upon him) would have said: There is no choice for you with your father.
And among the benefits of this hadith: The permissibility of the action of a non-authorized person. The permissibility of the action of a non-authorized person. What is meant by the action of a non-authorized person? It means that a person acts in the right of another without his permission. If he then gives permission, the action is executed. The point is: The Prophet (peace and blessings be upon him) made the matter of this marriage, meaning: the marriage of the girl who was forced into marriage or into a husband, up to her. It is understood from this: If she approves it, it is executed, and if she does not approve it, it is annulled. If this is the case in marriage, given its gravity, then it is even more so in other contracts. On this basis, if a person sells a man's car without authorization, but he knows that this man desires to sell his car, and a person comes looking for a car, so he seizes the opportunity and sells it to him without authorization, and then afterwards informs the owner of the car and he agrees, is the contract valid or not valid?
The student: It is correct.
The Shaykh : It is valid. Now, does the buyer own it from the time of the contract, or from the time of approval?
The student: From the time of the contract.
The Shaykh : From the time of the contract, because he approved the previous contract. This resembles, in some respects, what passed us in the morning lesson, which is the approval of the heirs of the bequest or the acceptance by the beneficiary? The acceptance by the beneficiary. If the beneficiary accepts the bequest after the death of the bequeather for a period, does ownership extend to what has passed, and is it in the ownership of the beneficiary from the death of the bequeather, or from the acceptance of the beneficiary? Yes, we mentioned that there is a difference of opinion in this, and that the one who followed the author of "Zad al-Mustaqni'" is that ownership is established from the time of death, that ownership extends to what was before the acceptance, and that the school of thought does not establish it except by acceptance. Yes.
And among the benefits of this hadith: That the Islamic Shari'ah takes the right of the oppressed, even if it is from the closest people to him. The point is: The Prophet (peace and blessings be upon him) gave this woman, whom her father married off while she was unwilling, the choice, because this is injustice to her. Of the most unjust of injustices is that a woman is married to a person she hates, because this person will remain her partner in the house and in the children. So how can we force her to a person she does not want? She will suffer from harm and psychological anxiety, and it may sometimes reach the level of madness. Some women try to burn themselves or kill themselves from the intensity of the oppression they find. And there is no doubt that this is aggression and injustice, and the Shari'ah removes injustice from the oppressed, even if it is from what? From the closest people to him.