Explanation of the Book of Marriage-06
Machine translationRead the Arabic original
The Shaykh : He said: "And from al-Hasan from Samurah (may Allah be pleased with him) from the Prophet (peace and blessings be upon him) who said: Jami` at-Tirmidhi 1110Hasan (Darussalam) It was narrated by Ahmad and the four, and al-Tirmidhi graded it as good".
, this is a conditional sentence, the verb of the condition is: and its answer is: of them, meaning of the two husbands. Good, and that is because the contract of the second guardian was made for a woman who was already married, so it is not valid. And on this basis, the woman belongs to the first, the first husband for whom the contract was made first. The example is clear: a woman has two brothers; she was proposed to by her elder brother and he married her, and she was proposed to by the younger brother who was in another country, for example, and he did not know that her elder brother had married her, so he married her. To whom does she belong? To the first, and the reason is apparent, because the second contract was made for a married woman, so it is not valid.
Good, so what if the first is a brother from the father and the second is a full brother?
The student: The first.
The Shaykh : No, she belongs to the second, because the first does not have the guardianship. The first is a brother from the father, and the second is a full brother. And when a full brother and a brother from the father are present, the guardianship belongs to the full brother, because he is stronger. Is that clear?
If they married her to two men simultaneously, then both marriages are annulled. Why? Because it is not possible to validate one of them, so both marriages are annulled. And if they married her to one after the other, but the earlier one was unknown or forgotten, then at that time, a lottery is drawn. Because one of the contracts is valid but it is unknown at that time, so a lottery is drawn.
So the categories became three:
The first category: that we know the later one, so the marriage belongs to the first.
The second: that we know that they occurred simultaneously. This is difficult to visualize, it is difficult, but to complete the categories, here the two marriages are not valid, because one of them has no preference over the other.
The third: that we know the order, meaning that one of them is before the other, but we do not know or we forget. So here, a lottery is drawn between them. Why is a lottery drawn? Because we know that one of the contracts is valid, and that she is now bound to one of the husbands, and it is not possible to say: there is no marriage. Rather, the marriage is established for one of the two men, so one of them is distinguished by a lottery. Because when two rights meet and conflict and it is not possible to combine them, it is not possible to claim one of them except by a lottery. And the lottery is conducted in matters greater than this; it is conducted in lives. The lottery is conducted even in lives in the case of death. If people were in a ship in the sea and the ship was overloaded, and it was necessary to throw some of the passengers overboard so that the rest would be saved, and if the passengers were left, they would all drown, would we throw them all overboard?
The student: No.
The Shaykh : Why don't we throw them overboard except for the captain who is steering the ship? We say: it is not possible to throw them all overboard, because this is the killing of innocent souls. So who do we throw? The young men said: throw the old men, because they are closer to death. Is this correct? It is not correct. And the old men said: throw the young men, because the mothers will give birth to replacements for them? What do we say? We say: neither this nor that. We say: by a lottery. We draw a lottery, as happened to Yunus (peace be upon him). Yes, Yunus boarded a loaded, full ship, and it came to the point of drowning unless some of the passengers were thrown overboard. So he participated in the lottery, and the lottery fell on a group of them, including Yunus, and he was thrown into the sea. But Allah knew that those who were thrown with him perished. As for him, Allah sent a large whale to him, which swallowed him without chewing, it ate him like that, all of him, and he remained in its belly. Allah the Mighty and Majestic said:[As-Saffat 37:143-144] Glory be to Allah. But the Messenger of Allah (peace and blessings be upon him) told the truth: When he was among those who glorify, Allah the Mighty and Majestic recognized him in the hardship and saved him.
Whichever woman is given in marriage by two Wali, then her case is in accordance with the first of them
أيما امرأة زوجها وليان فهي للأول منهماWhoever among women
أيما امرأةher husband
زوجهاshe belongs to the first of them
فهي للأول منهماGood, so what if the first is a brother from the father and the second is a full brother?
The student: The first.
The Shaykh : No, she belongs to the second, because the first does not have the guardianship. The first is a brother from the father, and the second is a full brother. And when a full brother and a brother from the father are present, the guardianship belongs to the full brother, because he is stronger. Is that clear?
If they married her to two men simultaneously, then both marriages are annulled. Why? Because it is not possible to validate one of them, so both marriages are annulled. And if they married her to one after the other, but the earlier one was unknown or forgotten, then at that time, a lottery is drawn. Because one of the contracts is valid but it is unknown at that time, so a lottery is drawn.
So the categories became three:
The first category: that we know the later one, so the marriage belongs to the first.
The second: that we know that they occurred simultaneously. This is difficult to visualize, it is difficult, but to complete the categories, here the two marriages are not valid, because one of them has no preference over the other.
The third: that we know the order, meaning that one of them is before the other, but we do not know or we forget. So here, a lottery is drawn between them. Why is a lottery drawn? Because we know that one of the contracts is valid, and that she is now bound to one of the husbands, and it is not possible to say: there is no marriage. Rather, the marriage is established for one of the two men, so one of them is distinguished by a lottery. Because when two rights meet and conflict and it is not possible to combine them, it is not possible to claim one of them except by a lottery. And the lottery is conducted in matters greater than this; it is conducted in lives. The lottery is conducted even in lives in the case of death. If people were in a ship in the sea and the ship was overloaded, and it was necessary to throw some of the passengers overboard so that the rest would be saved, and if the passengers were left, they would all drown, would we throw them all overboard?
The student: No.
The Shaykh : Why don't we throw them overboard except for the captain who is steering the ship? We say: it is not possible to throw them all overboard, because this is the killing of innocent souls. So who do we throw? The young men said: throw the old men, because they are closer to death. Is this correct? It is not correct. And the old men said: throw the young men, because the mothers will give birth to replacements for them? What do we say? We say: neither this nor that. We say: by a lottery. We draw a lottery, as happened to Yunus (peace be upon him). Yes, Yunus boarded a loaded, full ship, and it came to the point of drowning unless some of the passengers were thrown overboard. So he participated in the lottery, and the lottery fell on a group of them, including Yunus, and he was thrown into the sea. But Allah knew that those who were thrown with him perished. As for him, Allah sent a large whale to him, which swallowed him without chewing, it ate him like that, all of him, and he remained in its belly. Allah the Mighty and Majestic said: