Explanation of the Book of Marriage-06
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The Shaykh :" And from 'Uqbah ibn 'Amir (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him) said: Sunan Abi Dawud 2139Sahih (Al-Albani) ".
"The most deserving": "Most deserving" is a superlative noun, in the accusative case as the subject of "inna," and is the predicate of "inna." And "ma" here, in his statement: Sunan an-Nasa'i 3281Sahih (Darussalam), "that it be fulfilled"—I said "that you fulfill it" based on what I had memorized previously. "That it be fulfilled" means that it be fulfilled when a condition is set for what makes the private part lawful.
What is the meaning of his statement: "that by which you made lawful the private parts"? Because the wife or her people who stipulated that did not make the private part lawful for the husband except if he committed to this condition. So the lawfulness of the private part became contingent upon accepting this condition. For this reason, he said:Sunan an-Nasa'i 3281Sahih (Darussalam). Otherwise, the private parts are made lawful by the contract, but the condition in the contract is like the foundation. All right.
His statement:. "Conditions" is the plural of "condition." The term "condition" is used for a condition of validity and a condition of binding force. There are conditions of validity, which are called conditions of the contract, and conditions of binding force, which are called conditions in the contract. For this reason, scholars distinguish between the conditions of marriage and the conditions in marriage, the conditions of sale and the conditions in sale, and the conditions of endowment and the conditions in endowment. All right. A condition of the contract, whether it be marriage, sale, endowment, or otherwise, is that upon which its validity depends. Write that down: that upon which its validity depends, meaning that if it is absent, the contract is not valid. For example: knowledge of the item sold and the price in a sale. Is this a condition in the contract or a condition of the contract?
The student: Of the contract.
The Shaykh : A condition of the contract; the contract is not valid without it. The guardian in marriage is a condition of the contract; the contract is not valid without it.
All right. The conditions in the contract are those upon which its binding force depends.
The conditions in the contract are those upon which the binding force of the contract depends, not its validity. That is, it is valid, but its binding force or enforcement depends on the condition. However, if the fulfillment of the condition is absent, the contract is still valid.
All right. Another difference: The second difference is that the conditions of the contract are established by the Shari'ah, so no one can waive them. The conditions in the contract are established by the contracting parties, so the one who has the condition can waive it. Do you understand the difference between them?
The student: Yes.
The Shaykh : All right. The statement of the Messenger of Allah (peace and blessings be upon him):Jami` at-Tirmidhi 1127Sahih (Darussalam), does he mean the conditions of the contract or the conditions in the contract?
The student: In the contract.
The Shaykh : The second one. He means the second one, the conditions in the contract. And when a person stipulates conditions in a contract, these conditions become attributes of the contract and enter into the statement of Allah the Exalted:[Al-Ma'idah 5:1].
Meaning: Fulfill its foundation and its attributes, and its attributes, and its attributes are its conditions, the conditions that were stipulated in it. All right. Is a person commanded to fulfill the conditions in a sale or not?
The student: Yes.
The Shaykh : And fulfilling them is upholding the right that is obligatory upon him. So is a person commanded to fulfill the conditions in marriage?
The student: Yes.
The Shaykh : The answer: Yes, he is commanded even more, because he said:Sunan Abi Dawud 2139Sahih (Al-Albani), and so on.
The reason it is the most deserving of conditions is that the conditions in a sale are that by which the benefit of the item sold is made lawful, and the conditions in marriage are that by which the sexual intercourse is made lawful. Making sexual intercourse lawful is more serious than making the disposal of the item sold lawful, and ownership is much more serious. So if it is more serious, is the fulfillment of the conditions stipulated in it what?
The student: More deserving.
The Shaykh : More deserving and more entitled, and with this.
He says:Sunan an-Nasa'i 3281Sahih (Darussalam)
"Private parts" is the plural of "private part," and what is meant by it is the private parts that Allah has made lawful, which are the private parts of women.
There are benefits in this hadith.
That is all.
The condition worthier to be fulfilled by you is the one by which you made the private parts (of your wife) lawful (for you).
إن أحق الشروط أن توفوا به ما استحللتم به الفروج"The most deserving": "Most deserving" is a superlative noun, in the accusative case as the subject of "inna," and
that by which you have made lawful
ما استحللتمthat by which you have made lawful
استحللتم بهThe conditions that are most deserving of fulfillment
أحق الشروط أن يوفى بهWhat is the meaning of his statement: "that by which you made lawful the private parts"? Because the wife or her people who stipulated that did not make the private part lawful for the husband except if he committed to this condition. So the lawfulness of the private part became contingent upon accepting this condition. For this reason, he said:
those by means of which the private parts become allowed to you
ما استحللتم به الفروجHis statement:
the most deserving of conditions
إن أحق الشروطThe student: Of the contract.
The Shaykh : A condition of the contract; the contract is not valid without it. The guardian in marriage is a condition of the contract; the contract is not valid without it.
All right. The conditions in the contract are those upon which its binding force depends.
The conditions in the contract are those upon which the binding force of the contract depends, not its validity. That is, it is valid, but its binding force or enforcement depends on the condition. However, if the fulfillment of the condition is absent, the contract is still valid.
All right. Another difference: The second difference is that the conditions of the contract are established by the Shari'ah, so no one can waive them. The conditions in the contract are established by the contracting parties, so the one who has the condition can waive it. Do you understand the difference between them?
The student: Yes.
The Shaykh : All right. The statement of the Messenger of Allah (peace and blessings be upon him):
Indeed the conditions most deserving to be fulfilled
إن أحق الشروط أن يوفي بهThe student: In the contract.
The Shaykh : The second one. He means the second one, the conditions in the contract. And when a person stipulates conditions in a contract, these conditions become attributes of the contract and enter into the statement of Allah the Exalted:
O you who have believed, fulfill [all] contracts.
يا أيها الذين آمنوا أوفوا بالعقودMeaning: Fulfill its foundation and its attributes, and its attributes, and its attributes are its conditions, the conditions that were stipulated in it. All right. Is a person commanded to fulfill the conditions in a sale or not?
The student: Yes.
The Shaykh : And fulfilling them is upholding the right that is obligatory upon him. So is a person commanded to fulfill the conditions in marriage?
The student: Yes.
The Shaykh : The answer: Yes, he is commanded even more, because he said:
The condition worthier to be fulfilled by you
أحق الشروط أن توفوا بهThe reason it is the most deserving of conditions is that the conditions in a sale are that by which the benefit of the item sold is made lawful, and the conditions in marriage are that by which the sexual intercourse is made lawful. Making sexual intercourse lawful is more serious than making the disposal of the item sold lawful, and ownership is much more serious. So if it is more serious, is the fulfillment of the conditions stipulated in it what?
The student: More deserving.
The Shaykh : More deserving and more entitled, and with this.
He says:
The conditions that are most deserving of fulfillment, are those by means of which the private parts become allowed to you.
إن أحق الشروط أو يوفى به ما استحللتم به الفروج"Private parts" is the plural of "private part," and what is meant by it is the private parts that Allah has made lawful, which are the private parts of women.
There are benefits in this hadith.
That is all.