Continuation of the explanation of the hadith: “The most deserving of conditions to be fulfilled is that by which you have made lawful the private parts.”
Machine translationRead the Arabic original
The Shaykh : Now, the conditions in marriage are actually divided into three categories. I don’t know if we have categorized them for you or not?
The student: No.
The Shaykh : We have not categorized them. Now, let us categorize them now, if Allah wills.
The conditions in marriage, about which the Messenger of Allah (peace and blessings be upon him) saidBulugh al-Maram 8:32, are divided into three categories: a condition inherent in the contract, a condition for the benefit of the contracting parties that does not contradict the contract, and a condition that contradicts the contract.
The condition that is inherent in the contract is one that is valid whether it is stipulated or not, such as providing financial maintenance for the wife. If a woman stipulates in the contract that her husband must provide for her, this condition is valid by virtue of the contract, and stipulating it is merely an affirmation. If the wife stipulates that he should give her an equal share of time with her co-wife, this is a condition valid by virtue of the contract, and if she stipulates it, it is an affirmation. If the husband stipulates that the wife must obey him in what she is obligated to obey him in?
The student: It is valid by virtue of the contract.
The Shaykh : This is by virtue of the contract; there is no need to stipulate it, but stipulating it serves as an affirmation.
The second category is what is contrary to the implications of the contract, meaning what is forbidden. For example, if the husband stipulates that the wife must not prevent him from intercourse during menstruation, is this condition valid? No, it is invalid and forbidden, and it is not permissible to fulfill it. Similarly, if the wife stipulates that the husband should give her a greater share of time than her co-wife, this is also an invalid and forbidden condition, and it is not permissible to fulfill it. Apart from these, a condition is valid, and the original ruling is permissibility, except for what the Shari'ah indicates is prohibited. For example, if she stipulates a specific mahr, saying, “My mahr is one thousand dirhams,” or if he stipulates that the mahr should not exceed one thousand dirhams, this is permissible. Similarly, if she stipulates remaining in her hometown or remaining in her house, this is also permissible. And if she stipulates that he provide a servant to serve her, meaning a woman to serve her, this is permissible. Is that clear? The original ruling in this category is permissibility, except for what evidence indicates is prohibited.
Now, if he stipulates that he will not give her a share of time and will come to her whenever he wishes, this is permissible according to the correct opinion. It is permissible to stipulate that he is not obligated to give her a share, because this is a right of hers that she has waived. For this reason, Sawdah bint Zam'ah waived her right to a share of time for the sake of 'A'ishah. Do you understand?
Now, if she stipulates that he take her on Hajj, is this a valid condition or not?
The student: Correct.
The Shaykh : It is valid. Now, if she stipulates that she will not breastfeed her child?
The student: Correct.
The Shaykh : Now, regarding mothers breastfeeding their children, it appears that this is not valid, unless it is said: it is valid as long as the child does not need her. If the child needs her, if he needs her, then it is not valid.
In any case, know that the original ruling in this matter is permissibility and lawfulness, except for what evidence indicates is prohibited. And you have known what evidence indicates is prohibited.
So the categories are three: what is valid by virtue of the contract, and its stipulation is what?
The student: An affirmation.
The Shaykh : An affirmation. And what is contrary to the contract, meaning what is forbidden. If you wish, say what is forbidden, because the issue of contradicting the implications of the contract may be confusing for some students. We say what is forbidden; this is invalid and it is not permissible to fulfill it. And what is neither this nor that, the original ruling is permissibility until evidence of prohibition is established.
Now, if she stipulates that she has the option, saying, “There is no objection, but I have the option to annul the marriage if the situation does not suit me”?
The student: No.
The Shaykh : Shaykh al-Islam said this is a valid condition, especially if she says: “If the situation with your family does not suit me, I have the right to annul, or I request to be housed in another residence.” Because this happens frequently, meaning it frequently happens that staying with the family is not suitable. So she wants to take precautions for herself, saying: “I stipulate that if the situation with your family does not suit me, I have the option, or that you house me in another residence.” This condition is valid because it is for the benefit of the woman and does not contradict the implications of the contract. There is nothing wrong with it; this is a valid condition. Now, if she stipulates that she complete her studies?
The student: Correct.
The Shaykh : Okay, that is correct.
The student: Yes.
The Shaykh : And if she wishes to remain in studies for years, she fails herself every year, she fails herself with a study so that she can stay with her classmates and friends and go out.
The student: It is permissible.
The Shaykh : Now, therefore, we say: this should be restricted. It is said: Yes, I allow her to study on the condition that if we determine that she has three years remaining, we give her four years, not to exceed, for example, four years. If she has four years remaining, we say five, adding a year as a precaution. As for leaving the door open for her, this is problematic, because some women do not care whether they pass or fail; they care about going out. So they fail themselves in a study, and when they come[Yusuf 12:16] they say: “By Allah, I failed.” In any case, I say in this issue that it should be restricted so that it is not taken as a means to manipulate the husband’s right.
Now, then the author said: “And from Salama ibn al-Akwa' (may Allah be pleased with him) who said:Bulugh al-Maram 8:33”.
The student: The benefits.
The Shaykh : We mentioned the benefits.
The student: No, no.
The Shaykh : Did we not mention them?
The student: No.
The Shaykh : Now, there is no objection.
The student: No.
The Shaykh : We have not categorized them. Now, let us categorize them now, if Allah wills.
The conditions in marriage, about which the Messenger of Allah (peace and blessings be upon him) said
The most worthy conditions to be fulfilled are those by which you make sexual intercourse lawful for yourselves
ن أحق الشروط أن يوفى به ما استحللتم به الفروجThe condition that is inherent in the contract is one that is valid whether it is stipulated or not, such as providing financial maintenance for the wife. If a woman stipulates in the contract that her husband must provide for her, this condition is valid by virtue of the contract, and stipulating it is merely an affirmation. If the wife stipulates that he should give her an equal share of time with her co-wife, this is a condition valid by virtue of the contract, and if she stipulates it, it is an affirmation. If the husband stipulates that the wife must obey him in what she is obligated to obey him in?
The student: It is valid by virtue of the contract.
The Shaykh : This is by virtue of the contract; there is no need to stipulate it, but stipulating it serves as an affirmation.
The second category is what is contrary to the implications of the contract, meaning what is forbidden. For example, if the husband stipulates that the wife must not prevent him from intercourse during menstruation, is this condition valid? No, it is invalid and forbidden, and it is not permissible to fulfill it. Similarly, if the wife stipulates that the husband should give her a greater share of time than her co-wife, this is also an invalid and forbidden condition, and it is not permissible to fulfill it. Apart from these, a condition is valid, and the original ruling is permissibility, except for what the Shari'ah indicates is prohibited. For example, if she stipulates a specific mahr, saying, “My mahr is one thousand dirhams,” or if he stipulates that the mahr should not exceed one thousand dirhams, this is permissible. Similarly, if she stipulates remaining in her hometown or remaining in her house, this is also permissible. And if she stipulates that he provide a servant to serve her, meaning a woman to serve her, this is permissible. Is that clear? The original ruling in this category is permissibility, except for what evidence indicates is prohibited.
Now, if he stipulates that he will not give her a share of time and will come to her whenever he wishes, this is permissible according to the correct opinion. It is permissible to stipulate that he is not obligated to give her a share, because this is a right of hers that she has waived. For this reason, Sawdah bint Zam'ah waived her right to a share of time for the sake of 'A'ishah. Do you understand?
Now, if she stipulates that he take her on Hajj, is this a valid condition or not?
The student: Correct.
The Shaykh : It is valid. Now, if she stipulates that she will not breastfeed her child?
The student: Correct.
The Shaykh : Now, regarding mothers breastfeeding their children, it appears that this is not valid, unless it is said: it is valid as long as the child does not need her. If the child needs her, if he needs her, then it is not valid.
In any case, know that the original ruling in this matter is permissibility and lawfulness, except for what evidence indicates is prohibited. And you have known what evidence indicates is prohibited.
So the categories are three: what is valid by virtue of the contract, and its stipulation is what?
The student: An affirmation.
The Shaykh : An affirmation. And what is contrary to the contract, meaning what is forbidden. If you wish, say what is forbidden, because the issue of contradicting the implications of the contract may be confusing for some students. We say what is forbidden; this is invalid and it is not permissible to fulfill it. And what is neither this nor that, the original ruling is permissibility until evidence of prohibition is established.
Now, if she stipulates that she has the option, saying, “There is no objection, but I have the option to annul the marriage if the situation does not suit me”?
The student: No.
The Shaykh : Shaykh al-Islam said this is a valid condition, especially if she says: “If the situation with your family does not suit me, I have the right to annul, or I request to be housed in another residence.” Because this happens frequently, meaning it frequently happens that staying with the family is not suitable. So she wants to take precautions for herself, saying: “I stipulate that if the situation with your family does not suit me, I have the option, or that you house me in another residence.” This condition is valid because it is for the benefit of the woman and does not contradict the implications of the contract. There is nothing wrong with it; this is a valid condition. Now, if she stipulates that she complete her studies?
The student: Correct.
The Shaykh : Okay, that is correct.
The student: Yes.
The Shaykh : And if she wishes to remain in studies for years, she fails herself every year, she fails herself with a study so that she can stay with her classmates and friends and go out.
The student: It is permissible.
The Shaykh : Now, therefore, we say: this should be restricted. It is said: Yes, I allow her to study on the condition that if we determine that she has three years remaining, we give her four years, not to exceed, for example, four years. If she has four years remaining, we say five, adding a year as a precaution. As for leaving the door open for her, this is problematic, because some women do not care whether they pass or fail; they care about going out. So they fail themselves in a study, and when they come
And they came to their father at night, weeping.
وجاءوا أباهم عشاء يبكونNow, then the author said: “And from Salama ibn al-Akwa' (may Allah be pleased with him) who said:
In the year of Autas, Allah's Messenger (ﷺ) permitted Mut'a (temporary marriage) for three nights
رخص رسول الله صلى الله عليه وسلم عام أوطاس في المتعة ثلاثة أيامThe student: The benefits.
The Shaykh : We mentioned the benefits.
The student: No, no.
The Shaykh : Did we not mention them?
The student: No.
The Shaykh : Now, there is no objection.