Benefits of the Hadith: (That the Messenger of Allah (peace and blessings be upon him) prohibited the marriage of pleasure . . .)
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The Shaykh : In this hadith: there is evidence for what has been mentioned previously, regarding the prohibition of the marriage of pleasure. Now, if a contract is made, is it valid or not? We say: it is not valid. If a contract is made, it is not valid, because we have a useful rule for the student of knowledge, which is that what is prohibited in itself cannot be valid, even if a person performs it. So if a person wanted to pray a prayer without a cause during the prohibited times, and he prayed, standing up, performing ablution, and praying with tranquility and humility in it,
The student: It is not valid.
The Shaykh : it is not valid, the prayer is not valid. Likewise, if a person contracts a marriage of pleasure, the marriage is not valid. Everything that is prohibited in itself is not valid. If a person sells after the second call on Friday, the sale is not valid; the sale is invalid and ownership does not transfer. The item sold remains the property of the seller, and the price remains the property of the buyer; ownership of this does not transfer to that.
So if someone says: What is the wisdom? Why do you say this? Why don't you say that if the prohibited thing is done, the person is sinful and the contract is valid? The answer is: that validating the contract is a contradiction of Allah and His Messenger, because the prohibition of the Shari'ah for it intends that the community not leave it with any existence. And if we validate it, we leave it with an existence and it becomes considered. This appears by example: if a person sells a house to someone after the second call on Friday, the sale is forbidden, the contract is invalid and not valid. If we said: the sale is forbidden and the two contracting parties are sinful, but the contract is effective and valid, this would be a contradiction of the matter, because the Shari'ah only prohibited it so that you do not contract and so that ownership does not transfer to the buyer in the item sold and ownership of the price to the seller. So if we validate it, this is against what the Lawgiver intended. So the rule is: everything that is prohibited in itself, whether worship or transaction, if it occurs from the one obligated, it is not valid.
Now, and from the benefits of this hadith: the prohibition of the meat of domestic donkeys, even if they are small?
The student: Even if they are.
The Shaykh : Or if they are fat?
The student: Even if they are fat.
The Shaykh: Now, if a person is in dire necessity for it, eating is permissible, but only to the extent of the necessity. And the evidence for that is the saying of Allah the Exalted:[Al-Ma'idah 5:3] to His saying: [Al-Ma'idah 5:3] And if the pig, which is more impure than the donkey, is permissible in dire necessity, then what about the donkey?
The student: A fortiori.
The Shaykh : It is all the more so; the donkey is all the more so. We said: the pig is more impure than the donkey, because the pig has not had a day in its life when it was pure and lawful, and the donkey has had a day in its life when it was pure and lawful.
The student: It is not valid.
The Shaykh : it is not valid, the prayer is not valid. Likewise, if a person contracts a marriage of pleasure, the marriage is not valid. Everything that is prohibited in itself is not valid. If a person sells after the second call on Friday, the sale is not valid; the sale is invalid and ownership does not transfer. The item sold remains the property of the seller, and the price remains the property of the buyer; ownership of this does not transfer to that.
So if someone says: What is the wisdom? Why do you say this? Why don't you say that if the prohibited thing is done, the person is sinful and the contract is valid? The answer is: that validating the contract is a contradiction of Allah and His Messenger, because the prohibition of the Shari'ah for it intends that the community not leave it with any existence. And if we validate it, we leave it with an existence and it becomes considered. This appears by example: if a person sells a house to someone after the second call on Friday, the sale is forbidden, the contract is invalid and not valid. If we said: the sale is forbidden and the two contracting parties are sinful, but the contract is effective and valid, this would be a contradiction of the matter, because the Shari'ah only prohibited it so that you do not contract and so that ownership does not transfer to the buyer in the item sold and ownership of the price to the seller. So if we validate it, this is against what the Lawgiver intended. So the rule is: everything that is prohibited in itself, whether worship or transaction, if it occurs from the one obligated, it is not valid.
Now, and from the benefits of this hadith: the prohibition of the meat of domestic donkeys, even if they are small?
The student: Even if they are.
The Shaykh : Or if they are fat?
The student: Even if they are fat.
The Shaykh: Now, if a person is in dire necessity for it, eating is permissible, but only to the extent of the necessity. And the evidence for that is the saying of Allah the Exalted:
Prohibited to you are dead animals, blood, the flesh of swine
حرمت عليكم الميتة والدم ولحم الخنزيرBut whoever is forced by severe hunger with no inclination to sin - then indeed, Allah is Forgiving and Merciful.
فمن اضطر في مخمصة غير متجانف لإثم فإن الله غفور رحيمThe student: A fortiori.
The Shaykh : It is all the more so; the donkey is all the more so. We said: the pig is more impure than the donkey, because the pig has not had a day in its life when it was pure and lawful, and the donkey has had a day in its life when it was pure and lawful.