We said that the Prophet’s (peace and blessings be upon him) giving the slave girl the choice is a branch of the validity of her marriage, because even if she was coerced, a human being may waive his right, but she did not
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The questioner : May Allah reward you. We said that the Prophet’s (peace and blessings be upon him) giving the slave girl the choice is a branch of the validity of the marriage, meaning the validity of her marriage.
The Shaykh : Yes, it indicates validity.
The questioner : It indicates validity.
The Shaykh : Yes.
The questioner : We asked how it indicates validity? Because a human being may waive his right...
The Shaykh : How?
The questioner : I say, we asked, meaning how is the marriage valid while she was coerced? We said because a human being may waive his right.
The Shaykh : Because this is a human right.
The questioner : Yes.
The Shaykh : Yes.
The questioner : But may Allah reward you, the point is that she did not waive her right, because... she complained to the Prophet (peace and blessings be upon him), so she did not waive her right.
The Shaykh : But when he gave her the choice, when he gave her the choice, if she had chosen to stay, we do not know from the hadith whether she chose to stay or not, because in another hadith, when the Messenger gave her the choice, she said, "No, I want to stay with my husband, but I wanted the women to know that their affairs are in their own hands."
The questioner : But may Allah reward you, the giving of the choice.
The Shaykh : As for this hadith, there is nothing in it.
The questioner : The giving of the choice took place, meaning after the coercion and after the complaint.
The Shaykh : Yes, yes.
The questioner : So how is the marriage valid...
The Shaykh : When he gave her the choice, what if she chose to stay?
The questioner : We say, no.
The Shaykh : Meaning, do we contract the marriage anew?
The questioner : Yes.
The Shaykh : No, it is not apparent from the hadith. The apparent meaning of the hadith is that if he gave her the choice, she would stay, yes?
The Shaykh : Yes, it indicates validity.
The questioner : It indicates validity.
The Shaykh : Yes.
The questioner : We asked how it indicates validity? Because a human being may waive his right...
The Shaykh : How?
The questioner : I say, we asked, meaning how is the marriage valid while she was coerced? We said because a human being may waive his right.
The Shaykh : Because this is a human right.
The questioner : Yes.
The Shaykh : Yes.
The questioner : But may Allah reward you, the point is that she did not waive her right, because... she complained to the Prophet (peace and blessings be upon him), so she did not waive her right.
The Shaykh : But when he gave her the choice, when he gave her the choice, if she had chosen to stay, we do not know from the hadith whether she chose to stay or not, because in another hadith, when the Messenger gave her the choice, she said, "No, I want to stay with my husband, but I wanted the women to know that their affairs are in their own hands."
The questioner : But may Allah reward you, the giving of the choice.
The Shaykh : As for this hadith, there is nothing in it.
The questioner : The giving of the choice took place, meaning after the coercion and after the complaint.
The Shaykh : Yes, yes.
The questioner : So how is the marriage valid...
The Shaykh : When he gave her the choice, what if she chose to stay?
The questioner : We say, no.
The Shaykh : Meaning, do we contract the marriage anew?
The questioner : Yes.
The Shaykh : No, it is not apparent from the hadith. The apparent meaning of the hadith is that if he gave her the choice, she would stay, yes?