Explanation of the Book of Marriage-10
Machine translationRead the Arabic original
The Shaykh :" And from Sa'id ibn al-Musayib, that 'Umar ibn al-Khattab (may Allah be pleased with him) said: Bulugh al-Maram 8:53 Sa'id narrated it".
Bulugh al-Maram 8:53 Leprosy is well known one who has lost her mind meaning one afflicted with leprosy. It was said that leprosy is the plague, and it was said it is something else, but it is a contagious and fatal disease. For this reason, the scholars said: It is obligatory for the Imam to isolate those with leprosy in a specific place so that it does not spread. I think there are now hospitals called isolation hospitals; quarantine is temporary. So, how many defects did he mention? Three.
Bulugh al-Maram 8:53 Meaning by his having intercourse with her, because entering into a woman, meaning: intercourse, does not mean seclusion. Seclusion is not the same as intercourse.
And "he" refers to what?
The student: The husband.
The Shaykh : No, the bridal gift. It is for the husband.Bulugh al-Maram 8:53 Sa'id narrated it.
So we say to the husband who married a woman and entered into sexual relations with her, and then found one of these three defects in her: Give her the bridal gift and seek recourse against the one who deceived you. Who deceived you? The guardian. The guardian, because he is the one directly involved. If the guardian is poor, there is no recourse against the woman, but rather against this guardian. When Allah enriches him, he takes it from him.
And in his saying:Bulugh al-Maram 8:53 is an indication that if the guardian was not the one who deceived, but was ignorant of the defect, then he seeks recourse against the woman, because the woman in that case is the one who deceived.
" Sa'id ibn Mansur, Malik, and Ibn Abi Shaybah narrated it, and its narrators are trustworthy".
Sa'id also narrated from 'Ali (may Allah be pleased with him) to the same effect, adding:Bulugh al-Maram 8:54.
The student: She is entitled to it.
The Shaykh :Bulugh al-Maram 8:54 And what do you have?
The student: She is entitled to it.
The Shaykh : She is entitled to it, correct. She is entitled to the bridal gift for what he made lawful of her private parts.
The tumor: It is a swelling in the woman's private parts that prevents intercourse. It is known that what prevents intercourse contradicts the purpose of marriage, because intercourse is one of the greatest, or one of the greatest, purposes of marriage. And this report is like the one before it.
And from the path of Sa'id ibn al-Musayib, it was said: 'Umar (may Allah be pleased with him) ruled regarding the impotent man, to the end of it.
Now, the defects mentioned by the author are four. He did not discuss the two breasts. Four: a leper, insane, has leprosy, has a tumor. There are other defects that the author did not mention in the reports. Some scholars included them and limited them to a specific number, but the correct view is that they are not limited. A defect is anything that causes one of the spouses to be repelled from the other by nature. And we said "by nature" to distinguish it from character. If he found her, for example, quick-tempered, or found him quick-tempered, this is not a defect. But if it is a natural trait: Is blindness a defect? Is deafness?
The student: A defect.
The Shaykh : A defect, but she is beautiful, but she is deaf.
The student: A defect.
The Shaykh : A defect?
The student: Yes.
The Shaykh : If her family says the woman is beautiful... but she doesn't hear, it's a problem when he calls her, he has to use gestures. In any case, deafness, according to the correct view, is a defect.
So what about muteness?
The student: A defect.
The Shaykh : A defect? From the mute woman? The one who does not speak.
The lame woman?
The student: A defect.
The Shaykh : Do we say if her lameness is obvious? We say, what about simple lameness? This is not a defect, but obvious lameness is a defect. So what about severed fingers?
The student: A defect.
The Shaykh : The ear?
The student: A defect.
The Shaykh : The foot?
The student: A defect.
The Shaykh : This is the correct view. So we apply this to the rule: If this defect is found before intercourse and the marriage is annulled, she is entitled to nothing. If it is found after intercourse or seclusion and the marriage is annulled, she is entitled to the bridal gift, and he seeks recourse against the one who deceived him. So if it is she who found this in the husband, if it is after intercourse, she is entitled to the bridal gift. It is clear: the marriage is annulled and she is entitled to the bridal gift. But if it is before intercourse and she annuls it, some scholars said: She is not entitled to the bridal gift, not half or all, because the separation came from her side; if she had wished, she could have remained. And others said: Rather, she is entitled to half the bridal gift, because if the separation before intercourse is from the husband's side, the wife is entitled to what? Half the bridal gift, as Allah the Exalted said:[Al-Baqarah 2:237] Which is the stronger position?
The student: The second.
Another student : ...
The Shaykh : So, the issue is: A woman, after marrying her husband, found a defect in him and annulled the marriage before intercourse. Do we say that this annulment is from her side, so she is not entitled to the bridal gift? Or do we say that this annulment is from his side, so she is entitled to half the bridal gift? Some scholars said: It is from her side, because if she had wished, she could have endured it. And others said: Rather, it is from his side, because he deceived her. And this is the correct view. It is said that the woman did not annul without a reason; she annulled for a reason, and it is not possible for her to endure remaining with this defective man. Yes, correct.
So we remain with the issue of impotence.
If any man married a woman and after sleeping with her finds that she is affected with leprosy or insane, she gets her dowry (if he divorces her) for having intercourse with her, and it is returned to him from the one who has deceived him with her.
أيما رجل تزوج امرأة فدخل بها فوجدها برصاء أو مجنونة أو مجذومة ، فلها الصداق بمسيسه إياها ، وهو له على من غره منهاIf any man married a woman and after sleeping with her finds that she is affected with leprosy
أيما رجل تزوج امرأة فدخل بها فوجدها برصاءor insane
أو مجنونةhas leprosy
مجذومةshe gets her dowry (if he divorces her) for having intercourse with her
فلها الصداق بمسيسه إياهاand he is entitled to it
وهو لهThe student: The husband.
The Shaykh : No, the bridal gift. It is for the husband.
from the one who has deceived him with her
على من غره منهاSo we say to the husband who married a woman and entered into sexual relations with her, and then found one of these three defects in her: Give her the bridal gift and seek recourse against the one who deceived you. Who deceived you? The guardian. The guardian, because he is the one directly involved. If the guardian is poor, there is no recourse against the woman, but rather against this guardian. When Allah enriches him, he takes it from him.
And in his saying:
and it is returned to him from the one who has deceived him with her
وهو له على من غره" Sa'id ibn Mansur, Malik, and Ibn Abi Shaybah narrated it, and its narrators are trustworthy".
Sa'id also narrated from 'Ali (may Allah be pleased with him) to the same effect, adding:
And (if) she has something like a horn (Qarn) (coming out of her vagina), her husband then has the right to divorce her or keep her. And if he had intercourse with her, she gets her dowry for the intercourse her husband has had.
وبها قرن فزوجها بالخيار ، فإن مسها فلها المهر بما استحل من فرجهاThe student: She is entitled to it.
The Shaykh :
And if he had intercourse with her, she gets her dowry for the intercourse her husband has had.
فإن مسها فلها المهر بما استحل من فرجهاThe student: She is entitled to it.
The Shaykh : She is entitled to it, correct. She is entitled to the bridal gift for what he made lawful of her private parts.
The tumor: It is a swelling in the woman's private parts that prevents intercourse. It is known that what prevents intercourse contradicts the purpose of marriage, because intercourse is one of the greatest, or one of the greatest, purposes of marriage. And this report is like the one before it.
And from the path of Sa'id ibn al-Musayib, it was said: 'Umar (may Allah be pleased with him) ruled regarding the impotent man, to the end of it.
Now, the defects mentioned by the author are four. He did not discuss the two breasts. Four: a leper, insane, has leprosy, has a tumor. There are other defects that the author did not mention in the reports. Some scholars included them and limited them to a specific number, but the correct view is that they are not limited. A defect is anything that causes one of the spouses to be repelled from the other by nature. And we said "by nature" to distinguish it from character. If he found her, for example, quick-tempered, or found him quick-tempered, this is not a defect. But if it is a natural trait: Is blindness a defect? Is deafness?
The student: A defect.
The Shaykh : A defect, but she is beautiful, but she is deaf.
The student: A defect.
The Shaykh : A defect?
The student: Yes.
The Shaykh : If her family says the woman is beautiful... but she doesn't hear, it's a problem when he calls her, he has to use gestures. In any case, deafness, according to the correct view, is a defect.
So what about muteness?
The student: A defect.
The Shaykh : A defect? From the mute woman? The one who does not speak.
The lame woman?
The student: A defect.
The Shaykh : Do we say if her lameness is obvious? We say, what about simple lameness? This is not a defect, but obvious lameness is a defect. So what about severed fingers?
The student: A defect.
The Shaykh : The ear?
The student: A defect.
The Shaykh : The foot?
The student: A defect.
The Shaykh : This is the correct view. So we apply this to the rule: If this defect is found before intercourse and the marriage is annulled, she is entitled to nothing. If it is found after intercourse or seclusion and the marriage is annulled, she is entitled to the bridal gift, and he seeks recourse against the one who deceived him. So if it is she who found this in the husband, if it is after intercourse, she is entitled to the bridal gift. It is clear: the marriage is annulled and she is entitled to the bridal gift. But if it is before intercourse and she annuls it, some scholars said: She is not entitled to the bridal gift, not half or all, because the separation came from her side; if she had wished, she could have remained. And others said: Rather, she is entitled to half the bridal gift, because if the separation before intercourse is from the husband's side, the wife is entitled to what? Half the bridal gift, as Allah the Exalted said:
And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified
وإن طلقتموهن من قبل أن تمسوهن وقد فرضتم لهن فريضة فنصف ما فرضتمThe student: The second.
Another student : ...
The Shaykh : So, the issue is: A woman, after marrying her husband, found a defect in him and annulled the marriage before intercourse. Do we say that this annulment is from her side, so she is not entitled to the bridal gift? Or do we say that this annulment is from his side, so she is entitled to half the bridal gift? Some scholars said: It is from her side, because if she had wished, she could have endured it. And others said: Rather, it is from his side, because he deceived her. And this is the correct view. It is said that the woman did not annul without a reason; she annulled for a reason, and it is not possible for her to endure remaining with this defective man. Yes, correct.
So we remain with the issue of impotence.