#03 Fiqh of Family – Guardianship Continued and Un-marriageable Women

Hatem al-Haj


Channel: Hatem al-Haj


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I'm about to proceed.

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Please accept my apologies about the heat.

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Gun control.

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I don't know what to do. But anyway,

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what we're talking about,

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that's good so that you could actually straddle the two stations.

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Today, we have a lot to cover. So it's good that we're starting early, because we will talk about compatibility and marriage. And that's a very sensitive subject.

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But anyone I start to read here.

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So, anyway,

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quiet, but I wanted to point out one thing, why is he putting compatibility in marriage under it really,

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you know, under the discussion of equality of The Guardian, because compatibility in marriage, compatibility and marriage

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is about the protection of women and women alone.

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There is no such a thing, as

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you know, the man marrying a woman of a lower status, there is no such, it doesn't exist.

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This discussion is only one way, this discussion is only one way to protect a woman from marrying a man of a lower status.

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Because that could eventually hurt her. Even if she is excited about

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half the time of marriage for some reason.

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You know, that excitement may fade out.

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And then she could start to suffer. So she's being alerted to that. And her well, he is told that if you marry her off to someone of a lower status, you're when I hear when I will be severed, your guardianship will be severed, and the judge will take over from you. And the judge will revoke your marriage. So that's a warning for the way. And it is also to tell her, at least according to the Hanafi, who would allow her to marry herself up without her worry that if you marry yourself after someone have a lower status,

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welly or your elderly

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will have the right to take you to court and seek the revocation of that marriage. So that is why this particular discussion was included under the chapter of guardianship or the discussion on guardians.

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The discussion of compatibility.

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One other thing that I wanted to say. So this is only about protecting the woman, not about the man. One other thing that I wanted to say is that

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there are various very, very vast majority of the scholars have said that that compatibility is not sharpness, aha, it is not a condition of validity

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of the marriage, but more started resume binding less of the marriage, meaning

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neither were they nor the bride can ask for revocation if she was actually married off to someone

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who's compatible. So the happies who say that she that well, he can take her to court if she made herself off without the permission of her well 100 ps, we said the 100 thieves would allow this Jamal would not allowed us to be allowed. So they will

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have the capacity the power the authority to take her to court and the revoke the marriage, he made herself off to someone of a lower status. If she married herself off to someone of an equal status, for a better status. The hafeez will not be they will say that the weather you will not be able to do that.

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Those who say that, do more

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saying that her, her her father can get her married. without her permission. They will say, if she takes our father to court and proves that he married her off to someone of a lower status, her marriage will be revoked. But if she takes her father to court, and he had happened to have married her off to someone have an equal or better status, the court will not revoke the marriage. So that is why they talk about compatibility because it is legally consequential to them in this respect.

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That is the binding binding ness of the marriage and the ability to revoke the marriage by herself

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or by her wedding.

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This is not a condition of validity, according to the vast majority of the scholars,

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including the majority of the ladder companies.

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Okay, an email kurama himolla said in his book at arm there, when he started to talk about it. When I said he would he says we do have the right equipment we have evaded

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What a horrible

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accent. But I said,

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well, in fact, the Rockefeller fee for it is not for the guardian of a woman to marry her off to one who is not her match, unless she agrees

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and unless she agrees,

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is very talented.

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If he is okay, if he agrees, she agrees, no one has the right to contest that marriage, the wedding and the bride of anyone of lower status. If they both agree, no one has the right to contest the marriage. Then he said Arabs are matches for one another estimate is not a match for a free woman. And then in one man fabric is not a match for a chaste woman.

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Okay, so let's, let's talk about what this means here. Let's spend some time understanding this. So he says, What alibaba alibaba extra. When he started to talk about he said that Arabs are basically a matches for one another, and the rest of the people are matches for one another.

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And what he means by Arabs, this is under the

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basically lineage.

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And it is also called the monster which has possession in the society,

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possession in the society. So this is what he said, Well, he said I would do a call for the Koran,

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which is freedom.

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And he said, What unfortunate laughy for one of the founder, co founder of FIFA, that is religious commitment.

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Those are the three things that he mentioned. Are there other things that could be mentioned? Yes, there are other things that they usually mentioned. And according to the honeyberries, there are two other big ones

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a Synology ASR which is profession

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and wealth,

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professional and to wealth.

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Okay, so these are the five things that they talk about.

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When the talk about the lineage, some of the scholars go as far as you know, dividing it more hashemites are only matches for hashemites not the rest of Christ. Chorus Christ is matches for each other, not the rest of the Arabs. The Arabs are matches for each other, not the rest of the people. The rest of the people are usually natural for each other. They don't divide the nations basically beyond that. So they only talk about hashemites Karachi has my prodigy Arab, those are the three distinctions that the scholars may have. So they consider hashemites to be matches for each other policies to be matches for each other. Apology is not a match for how

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Might according to many scholars, but according to the dominant position in the honeyberries in the Hanbury method, it is they expanded this

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to basically Arabs and then freedom means that the slave and the free woman or the

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they are not matches for each other, we will talk about you know a free man marrying a slave woman and the the when is that permissible or the conditions of making that permissible in Banbury Muslim, when they talk about their religious commitment, it's quite obvious that an immoral person should not be a match for a more

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person when they talk about the profession, they use their own sort of classification of professions, there are professions like a tailor for instance is is

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is of a much lower status and high

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the copper is of a much lower status

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than other professions. So, they have their own sort of division of professions.

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When they talk about wealth, wealth is understood. So, someone whose work is not a good match or compatible for a woman,

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wealthier family or poor comes from a wealthy family. Now, these are the things that they mainly talk about. Now, what about in principle that concept of compatibility concept of compatibility?

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There there is a group of scholars who said

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that the only thing that matters is

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religious commitment.

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And who are those colors?

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This is a like the sort of the weaker position in the Hungary Math Lab. And you could add to this, you can add to this the Maliki position the actually the authorize the Maliki position and a weak position in the sharper image

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and the Vahidi position of course of our heads would go there and even if a man's position

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so and certainly if Nope, I am defended deputy mayor's position beyond have no problems

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have any any Muslim man is a match for any Muslim woman regardless and he's the slave is a match for a free woman and free woman is a match for like the Arab non Arab patch in my this, any any Muslim man is a match for any Muslim woman. And that's the position that I am assertively defended and it is the position of his safe anytime in

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this group here said religious commitment is the only factor to be observed. And who else you know of the Sahaba of the loveliness

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of the tabernacle hospital bursary, Muhammad nice theory in American abdulazeez all of them sided with this position, that it is only a religious commitment to be considered. It's only a religious commitment to be considered in a different report and the Hanbury must have it as religions

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you know, the religious commitment, hand position in the society religious commitment plus position and society as a two and a one is all five factors. So, any one is determined by you know, like a certain formula if you have like, you know, the anatomy agreeing on a particular position then it is the authorized position and the Hanbury method. When they disagree, then you seek a mirage, you know, a perpetrator from outside of them and it's a it's a certain formula, but anyway,

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so now

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so now what is

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how do we understand this? First of all, if we go to the Quran and Sunnah and the way of the first community

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We will find in the Qur'an Anderson and the way of the first community

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that it was actually the there was actually no barriers in that sense

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and and then we will come back and talk about the rebuttal of this. When it comes when the majority talk about well first of all Allah subhanaw taala says

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loans are not controlled by aka editora when economic Mandalay attack them right. Well, people we have created you from a single men and single female and made you into nations and tribes, the most of the noble of you in the sight of Allah, most noble of you are those who are most pious. So

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that's the first one so the idea of equality of mankind in the sense of their humanity in the sense of their honor as human beings is beyond question in Islam. As the first thing they are known and most even though the Hadith may be not very traceable, but there are other hobbies lafonda, Davina, alchemy, and alchemy, alchemy and alchemy.

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Allah hochma

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hajat with our the Prophet sallallahu Sallam Abu another, reported, the Prophet sallallahu Sallam said, there is no virtue for an Arab over an Arab and an Arab over an Arab black of a white a white over black except on the basis of taqwa or on the basis of piety.

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And then, but if we want to come closer to the, to the issue of marriage itself,

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if we want to conclude with the issue of marriage, because someone may say that this applies in general, you know, equality of human beings, but when we're talking about marriage compatibility is important. And,

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you know, you could be you could be as dreamy as you want, but compatibility is important in marriage. And if you give someone like the, you know, the princess, to, you know, Labor

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Day may have sort of,

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they may have some harmony in the beginning for a week 234. But then it will dawn on her that she, there's so much of life that our old life that she misses, and then things will start to fall apart and it will not work out. So you have to be realistic. And

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Winston Churchill said, if you are not a Marxist by 25 years of age, you don't have a heart. And if you don't abandon Marxism, by 35 years of age, you don't have a brain.

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So the idea here is to be able to have both the heart and the brain.

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But they did not quote Winston Churchill, you know,

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that's me.

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So, but if we want to come closer to the marriage, the lowest profession they talk about all the time is that hjem nowadays would be like the surgeon or something. So the the lowest position is a gem, which is the copper and the Prophet sallallahu Sallam said the Benny by Alba and whoever hindon went to LA

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or Benny by agua, you know tribal, you know, the children of brother, and whoever him when he marry your Ward's off to apprehend who is

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marry his female relatives, marry your words off to apprehend who is

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and marry his female relatives. So the Prophet sallallahu Sallam is order independent,

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basically ignore his, the, the loneliness of his profession, because he's a good man. So marry your words to apprehend

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and marry his female relatives. And this belongs more to the issue of marriage in particular. Beyond this, the Prophet sallallahu Sallam said in a documentary, Donna Dena was present we do a lot of conflict that infidelity can be, how are you? So if someone

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proposes to you and you are pleased to have their religious commitment to the you know, and their manners because I will do

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meaning getting married

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A lot less there will be corruption on Earth. That last there will be fitna and much corruption on earth. And this hadith is considering what only religious commitment if not would be under the part of that

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matters. So if someone you like them

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that is when it comes to compatibility, it does not mean because there's also physical attraction. And it does not mean that the Prophet would force a man or a woman to marry someone that they are not physically attracted to. Now, he's just saying, when it comes to compatibility or equality, if the deen is good, the manners are good, then the person is compatible. But certainly there is personal aversion or a person liking and disliking and the process of southerners not saying that everybody has to get married to

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when it comes to the so the strongest thing would be freedom. Because a like a woman for instance, who is free marrying, a man who is asleep will be

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will pose difficulties for her some difficulties for but in fact, the Prophet sallallahu Sallam interceded on behalf of movies with barrier for barrier to keep him you know, the story of buddy burrito was asleep. And he bought her and freed her.

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And then she was married to movies and movies was not bought by anyone or, or freed. So now we have this couple and Shabbat Berry and fried her movies is still in the bounds of slavery. And that era wanted to leave movies because now she is a free woman.

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And the Prophet sallallahu Sallam came to her to, to keep to keep movies, he interceded on behalf of movies so that she can keep them. She said to him, Do you commend me at Morrone? He said no. And I'm Astra I'm only interceding. She said for the hardest it be Hi, I don't have a need for him.

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I don't have a need for him.

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I don't want him anymore.

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The fact that the prophets Allah Southern allowed barrier.

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Keep in mind they were married already. The fact that the prophet SAW Selim allowed Barry to walk away

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is a very strong proof for the majority who say compatibility matters. And not only in religion, because the prophets of Solomon did allow barrier, you know, he did not force a barrier, he did not tell her compatibility does not matter. This is not someone who's proposing to you this is already your husband. So and you are also a slave. You know, I just bought you she freed you, you have just become a free woman. The Prophet did not force a barrier to stay with movies. And in all honesty, when you are can be passionate about one position and I am passionate about this position. You know that it compatibility is also is only dependent on religious commitment. But when you're passionate

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about one position, don't blind yourself don't sort of intentionally overlook the arguments against you against the opposition. That's an argument against your position.

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Well, the people in this position,

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they are saying they are saying that but the fact that the Prophet interceded on behalf of movies means that the Prophet is saying to her, you guys are still compatible.

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You know, you could still keep him. The fact that he did not force her is like when he did not force to prop him up into ice this day with Sabbath for instance.

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And Fatima, Fatima, Fatima to stay with

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and he allowed her to because she did not like him.

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Even though he was who he was, you know, a great companion, a great poet, etc. But she did not force her to stay with him. Likewise, he just didn't force me to stay with him. She said I have no need for him. She wanted to walk away from the marriage.

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She couldn't be married to him and the prophets are seldom accepted. So, you may also say that

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but but certainly the Jim who do have

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like an argument in this hobby they could use.

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even if we support to this position,

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that compatibility is only,

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you know,

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within reference to religious commitment, but to understand the to understand the scholars because they are scholars were not chauvinist they were not racist, they were not any of that, and we have to have love and respect for them, but to understand them, they are talking about our reality that they live in, they are talking about women, they are talking about sort of the, the,

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the perspective of people, that is the perspective of people, people did pay attention to those things. So, if I were they married his ward off to someone that is not compatible in the perspective of people in the sight of people, not the sight of God, they are not talking about equality here of human beings, they are not talking about equality in the sight of God, they are talking about in the perspective of people synthetic role of self consciousness, you know, the perspective of people and people do pay attention to those things, and we cannot deny, they do pay attention to lineage, they do pay attention to free them, they do pay attention to profession, they do pay attention to wealth.

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Nowadays, the position in society is not dictated by lineage as much as it is dictated by level of education for instance. So, let us say, how la wanted to marry his word off.

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And, you know, so someone has like,

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finished elementary school, and

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someone who you know, like a man who finished elementary school is now proposing to a woman who has a PhD in whatever

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organic chemistry

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are they equal in the sight of God? They are?

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Are they compatible? We can disagree here, there is room for us to say, you know, probably there is a huge gap here.

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their thought processes are just

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Are you being a racist? If you say that to another racist, are you being chauvinist classes? If you say that probably not. So, why are you allowing yourself to use education as a reasonable parameter in their times, once profession, these things were the parameters the measuring stick, but at the end of the day, whether it is this, this or that, in the sight of God,

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they recognize that as much as we recognize that people are equal, but they are saying that these layers socio economic strata, different socio economic strata, are consequential to harmony in the marriage relationship, and the more commonalities you have between the people, the more likely that they will have a better marriage, they are not saying and the more we would say, all of that, all of what you say guys is is good by us. We are not we don't have a problem. So you will say to us, that they didn't Harris was married,

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you know, sign up into Jax and he was an emancipated slave, and he was crochet, He will say to us the Delilah was married to the the sister of a house and he was emancipated slave and she was crochet.

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You will say to us that salad, Moldavia because I was married to him, been taught

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ignorant obeah one of the you know, one of the greatest of chiefs of Christ, and he was an emancipated slave, satin hands.

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She was that would say, whoever told you we will whoever told you we are against these marriages, then that's absolutely fine. Because

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Salim was fine with it, and Hindus fine. And the brother of him the whole marriage set him off to his sister was fine with her when he was trying to eat, he was fine. We don't you know the year, you can't use this as an argument against us. That's what the jamol would say, you can't use this. You can use this as an argument against us, if we told you that compatibility is

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a condition of validity. We're not saying this. We are saying though, that if if hand did not accept,

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you know, if I was a for married handoff, to salad, and Hindi took up his iPhone to court that the court would have been able to revoke that.

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But he did not she was happy with salad, we have no business in this marriage, she was happy to hear what he was happy, we have no business in this marriage,

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what they tried to do so that we can be also understanding of the position of the majority, what they're trying to do is to say, Don't marry a woman off to someone that she will feel is beneath her

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because that will be conducive to this harmony and rebellion on her part. And that was not conducive to just like a good marriage.

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Therefore, what do we do nowadays? What do we do nowadays, we established that this is only for the protection of women, we established that if they were they and the bride are happy with a particular candidate, no one has any business in this

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And then we say that,

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forget about these things, because these things are not things that are established in the plan. And so now we have seen how the Quran and Sunnah disregard all of this in the sight of God. All these are disregarded. This was the connection that this was there, that condition they lived in these parameters were the parameters by which the community judged if someone is of the same socioeconomic status, or have a lower socioeconomic status, we have our own parameters, we just say to the Bryan's to the young women, that

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just be realistic, you know, be thoughtful, when someone proposes to be thoughtful.

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the longevity of marriage is important, it is not about the honeymoon, it is about the you know the 40 or 50 years that you are going to be inshallah living together. And if you truly feel that this person is compatible, because sometimes things can make up for things, you know, so that guy with elementary with elementary school education proposing to

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me you know, that that girl with a PhD in organic chemistry, well, let us say that guy is our best. You guys know our best?

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Okay, so he was like a major literary figure in Egypt.

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Major one,

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he only had elementary school education. So,

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you know, that he make up for the lack of education? I guess he did? Well, if someone became the most erudite scholar, for instance.

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And he only has Elementary, you know, and, and West Africa and the Mahabharata and West African and traditional sort of religious education. Oftentimes, they don't have degrees, they just go to those places and they get it so they don't have degrees. And, you know, some of the great feet for instance, if he proposes a woman who has a PhD is here match, of course he is she is she may not be as matched and

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so, but the idea here is just be thoughtful, and think of just

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practically speaking, is this going to work or not, that's all.

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So it's like

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a yellow sign, you know, slow down. Think about it.

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That's it, it is not a right side, not a red side, only a yellow side, slow down, think about.

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Okay, that's what I wanted to say about compatibility.

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And certainly housemates, I'm not having my house or my it's not being able to marry not not house mine. So the gym would would always come back and say, we did not say they cannot marry, we said that they can contest it if they are upset with it. But who are the hashemites that married not hashemites. All of the daughters of the Prophet sallallahu Sallam were housemates, except for Fatima, she married the hatch of mine, but the rest of them are

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all married, none, none hashemites.

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And the first distinction between Arabs and non Arabs,

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these are certainly the dock may look like it is in

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contrast with hobbies, that conflict with hobbies, blah, blah, blah, da da, da, da da, Jimmy.

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But he did not mean in the sight of God. The Arabs at the time were the victors, right? slay the Romans, Romans colonies, you know,

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to some extent,

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but they were the victors. So they subdued the nations.

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There is that the size of the psyche is still there, the human psyche, apart from the religion, the human psyche is the victor, and sort of the Rome and the colonies. The human psyche is still operative here. But it certainly did not mean in the sight of God, but

00:37:28--> 00:37:30

it's just the human psyche thing.

00:37:31--> 00:37:56

The conquerors, and the conquered the victor and the defeat. So, the Persians in this case, and the Romans, in this case, and the rest of the nations, they were the defeated nations, and the Arabs were the sort of the conquerors, the victors. And

00:37:57--> 00:38:20

so, it is the perspective of the community, it is not in the sight of God, everybody was aware of this. So that is why when I say for instance, marrying a person would have been found by the community, therefore, she may have felt

00:38:23--> 00:38:25

that her father shortchanged her

00:38:27--> 00:38:33

or did not do justice to her. If she did not feel that then then she did not feel

00:38:37--> 00:38:38


00:38:40--> 00:38:41

It has

00:38:44--> 00:38:45

to do with this discussion.

00:38:48--> 00:39:12

Being from from price, at least initially is was a logistical, logistical necessity, because if you leave the khilafah up in the air to be grabbed by any tribe, those feudal tribes of Arabia would have never can see that. No tribe in Arabia would have conceded to any tribe in Arabia, you know, Arabs, they never agree on anything.

00:39:14--> 00:39:19

How could they agree on conceding the khilafah to demean for instance, or

00:39:20--> 00:39:21


00:39:22--> 00:39:50

the only way to keep the community together was to make the khilafah exclusive taco rice. It was the only way because the Arabs would have recognized that this is the tribe of the Prophet sallallahu sallam, so they are most deserving. If it was not Christ, and then anyone could be the Khalifa. They would have been still fighting up until this point to hire the fairest

00:39:59--> 00:39:59

way to do

00:40:00--> 00:40:26

Consider if a father tried to prevent the marriage between his daughter and potential law, you know, room and they're religiously compatible, but he was trying to prevent it because they weren't, let's say not compatible as far as profession, they would consider mild in this case, whereas the others would say, yeah, so because of me, I would consider everybody compatible for everybody. And if he has good, if he has religious for instance,

00:40:27--> 00:40:39

then she can marry any religious man and he should not prevent her. He would apply the habit of if someone proposes to you and you're pleased with his Deen and his manners, marry him off,

00:40:41--> 00:40:43

he would apply literally.

00:40:44--> 00:40:52

And the good thing for me also that makes is the whole thing consistent is that he does not accept

00:40:53--> 00:40:57

it. He does not accept, like when he forcing

00:41:00--> 00:41:18

his Ward to marry someone she does not like. So if her when he married her off to someone of a lower status happening to me, I will give her the right to contest that. Whether he was of a lower status or not, he just would not allow her

00:41:20--> 00:41:22

to marry her off without her permission.

00:41:25--> 00:41:42

Then the sheikh said, Colin Harada and Ian Camerata, and hopefully you have no one yet is a Wonder Woman nuptse happy Isn't he however, wants to marry his word. May you marry her to himself without her with her permission I'm sorry with her permission, of course without permission.

00:41:44--> 00:42:04

Now, if you are cousins, you know cousins and Islam can get married. So, if you are cousins, paternal cousins, and your paternal cousin is the or next in order in terms of what if your father died your brothers died? You know, God forbid.

00:42:06--> 00:42:06


00:42:07--> 00:42:23

But someone who does not have father does not have brothers does not have uncles and hair closest kin is Herrick cousin. And her cousin wants to marry her. He takes permission from her and then he says to himself

00:42:24--> 00:42:26

hi Mary her

00:42:32--> 00:42:34

pay has to take permission from her

00:42:38--> 00:42:39

peers or when

00:42:42--> 00:42:46

you're saying conflict of interest now it's not conflict of interest because

00:42:48--> 00:42:52

she permitted there was there was she consented

00:43:06--> 00:43:08

How could her cousin not be compatible?

00:43:13--> 00:43:18

Aren't we saying religious commitment Are you are you the civilian profession?

00:43:27--> 00:43:28

Okay guys,

00:43:30--> 00:43:33

she should be consulting some people are

00:43:38--> 00:43:42

I understand you want to add some like sort of safety measure here.

00:43:43--> 00:44:00

But, but she she consented and keep in mind that she has to be grown up. Because if she is young, like prepubescent, he cannot marry him. Because it's only the father that can marry off the pre preview preview of Islam.

00:44:02--> 00:44:06

Okay, then the CF talks about Mohamed sinica.

00:44:08--> 00:44:09

And that

00:44:11--> 00:44:45

okay, we took too long on compatibility chapter on unmanageable women and a Mahavira mouth and Nick are simply in Manhattan, Manhattan are your marriageable kin Mahamat for Nick and Nick. Are women forbidden to marry not necessarily just on marriageable kin and as we will, we will see now. So what are the types of hareem that we have two types, permanent and temporary.

00:44:46--> 00:44:46


00:45:03--> 00:45:05

temporary or transient?

00:45:08--> 00:45:12

What are the causes of permanent temporary?

00:45:15--> 00:45:18

How many causes

00:45:19--> 00:45:20


00:45:22--> 00:45:25

what could they be one? NASA

00:45:34--> 00:45:35

how do we translate us up here?

00:45:42--> 00:45:43

Father I translated

00:45:45--> 00:45:49

consanguinity consanguinity as a better word, because

00:45:50--> 00:45:51

kinship is not

00:45:58--> 00:46:00

what that means.

00:46:07--> 00:46:16

Yeah, it means a blood relationship biological relationship, biological relationship

00:46:17--> 00:46:19

and then Musa Hara

00:46:23--> 00:46:25

Massara with mean marriage

00:46:26--> 00:46:28

premarital relationship

00:46:32--> 00:46:41

like piano being in America relationship with a relative of the woman that bars you from marrying this woman

00:46:42--> 00:46:44

what would be number three

00:46:46--> 00:46:47

which is breastfeeding

00:46:54--> 00:47:01

what would be number four now on public education mutual invocation of Curtis's

00:47:05--> 00:47:05


00:47:07--> 00:47:29

public implication mutual invocation of curses when a when a man accuses his wife of adultery okay. So, these are the three permanent causes of permanent prohibition, permanent prohibition and we will come to the details of each one of these.

00:47:32--> 00:47:34

So let us go over

00:47:39--> 00:47:44

okay he starts I guess with he starts with a permanent he says

00:47:46--> 00:47:47


00:48:01--> 00:48:19

these are the mothers daughters sisters Daughters of the brothers Daughters of the sisters paternal and maternal aunts mothers have wives wives of fathers wives have sons and daughters of wives given that their mothers have been entered on entered on

00:48:20--> 00:48:37

breastfeeding results in the same restrictions caused by consanguinity. Okay, so if we take if we take the index a case to be a man or a woman, would you like the index case to be the woman or the man?

00:48:39--> 00:48:41

you'd like it to be the woman okay.

00:48:43--> 00:48:48

Okay, so we'll take the index case we'll take the woman has the index case.

00:48:54--> 00:48:55

So the answer often is

00:48:57--> 00:48:58


00:49:01--> 00:49:02

Martin say como

00:49:03--> 00:49:04


00:49:10--> 00:49:15

como binotto. Mahatma not in Karnataka. From heartland econ

00:49:42--> 00:49:43

has now been an Athenian.

00:49:47--> 00:49:49

So Mahatma, Mahatma

00:49:51--> 00:49:51


00:49:58--> 00:49:59


00:50:00--> 00:50:02

Hola como para toda pinata doc

00:50:05--> 00:50:06

from our community

00:50:08--> 00:50:08


00:50:12--> 00:50:13

Minnesota community Dr. Ben

00:50:15--> 00:50:16


00:50:17--> 00:50:21

Latina Slavica wanted now, Vina dr Bini

00:50:25--> 00:50:29

Okay, did we get it right now okay. So,

00:50:30--> 00:50:31

on behalf

00:50:33--> 00:50:35

So, if this is the end next case here

00:50:39--> 00:50:47

this is the woman here square as far man a circle is for a woman. So, this is the index case the woman

00:50:50--> 00:50:53

and this woman is married the best man

00:50:55--> 00:50:58

and this woman has

00:51:00--> 00:51:04

two children and the children have children

00:51:11--> 00:51:16

and this man has a mother and a father.

00:51:20--> 00:51:27

And this man has been married to another woman before and he has

00:51:29--> 00:51:32

from this other woman that he had married before

00:51:34--> 00:51:40

two children with this other woman that he married before this is our index case, our index case

00:51:42--> 00:51:44

and then

00:51:49--> 00:51:50


00:51:56--> 00:51:59

And this one here has

00:52:02--> 00:52:05

So, they give birth to this and they give birth to this

00:52:06--> 00:52:06


00:52:08--> 00:52:11

and that's a birth of us

00:52:21--> 00:52:22


00:52:36--> 00:52:36


00:52:42--> 00:52:44

So, could we add here

00:52:48--> 00:52:49


00:52:59--> 00:53:18

Okay. So, this woman, this is her father, this is her mother, this is her maternal grandfather, maternal grandmother. This would be her maternal uncle, this is her maternal aunt.

00:53:19--> 00:53:24

This is the father This is paternal grandfather. This is the

00:53:26--> 00:53:28

paternal paternal uncle

00:53:30--> 00:53:33

okay this is her husband

00:53:34--> 00:53:34

this is

00:53:35--> 00:53:42

you know the other wife of her husband previous or even current

00:53:43--> 00:53:44

this is

00:53:46--> 00:53:47

this is her stepson

00:53:48--> 00:53:49


00:53:50--> 00:53:51

this is

00:53:53--> 00:53:57

and this is her stepdaughter and this is her father in law

00:53:58--> 00:54:03

and this is her mother in law. Okay. So,

00:54:05--> 00:54:09

certainly we will be looking only at the squares because she has to marry a man.

00:54:10--> 00:54:10


00:54:12--> 00:54:15

if Can she marry this one?

00:54:16--> 00:54:17

Why not?

00:54:19--> 00:54:21

Her son can she marry this one?

00:54:23--> 00:54:26

Cuz he is Can she marry this one?

00:54:30--> 00:54:30


00:54:34--> 00:54:35

does he inherit from her?

00:54:39--> 00:54:41

He does not inherit.

00:54:42--> 00:54:59

But that doesn't matter here. So, whether they progeny in general whether they are inheritors or non inheritors progeny in general. Anyone that came from you in general has had almond marriage. Okay.

00:55:01--> 00:55:08

So we're done with a progeny. So it is all progeny, everything that came from you. Okay?

00:55:10--> 00:55:14

So hopefully she can marry this one because he is her husband now.

00:55:15--> 00:55:17

And so Can she marry this one?

00:55:23--> 00:55:27

Can she marry this one?

00:55:29--> 00:55:30

father in law

00:55:33--> 00:55:36

can okay where where is this now?

00:55:37--> 00:55:39

Father and she marry this one.

00:55:41--> 00:55:42

Can she marry this one?

00:55:45--> 00:55:47

Can she marry this one? Yes.

00:55:49--> 00:55:51

This is her paternal uncle.

00:55:58--> 00:56:00

Can she marry this one?

00:56:10--> 00:56:11

Can she marry this one?

00:56:20--> 00:56:20


00:56:23--> 00:56:24


00:56:25--> 00:56:30

was married to another woman, and they have a child. Can she marry this one?

00:56:31--> 00:56:32

half brother.

00:56:34--> 00:56:40

Her mother was this woman was married to

00:56:42--> 00:56:43

another man

00:56:44--> 00:56:48

and have a child can she marry this one? Yes.

00:56:51--> 00:56:53

Okay, can she marry this one?

00:56:54--> 00:57:02

Can she marry this one? This is her maternal uncle. Can she marry this one? Yes. And this one?

00:57:08--> 00:57:09

Can she marry this one?

00:57:11--> 00:57:12

Can she marry this one?

00:57:14--> 00:57:22

And anything that is coming down from here coming down from here anything she cannot marry?

00:57:23--> 00:57:25

So Arina Tara from Omaha to come?

00:57:29--> 00:57:30

That would be the

00:57:33--> 00:57:40

that would be the or actually that's the opposite. Okay, it's gonna be hard now to figure out the opposite.

00:57:46--> 00:57:49

Because the it is using the index cases the man

00:57:50--> 00:57:51

from Omaha to come.

00:57:54--> 00:57:55


00:57:57--> 00:57:58

webinar to come.

00:58:01--> 00:58:06

No, but she is the She is the daughter of this. What I call her to come.

00:58:13--> 00:58:14

She is a sister. Yes.

00:58:19--> 00:58:20


00:58:24--> 00:58:29

she is the hammer of home. She is the hammer of this one. She is the hammer of this one.

00:58:33--> 00:58:36

She is the daughter of whom? We will have to

00:58:37--> 00:58:41

okay wahala to come. She is the founder of this one.

00:58:48--> 00:58:49

She is bent

00:58:53--> 00:58:55

corps Where's her uncle?

00:58:58--> 00:58:58

Oh yes.

00:59:00--> 00:59:03

She has been to have this webinar to

00:59:07--> 00:59:17

actually is meant to she has been through this. Okay. That is her maternal uncle. She has been to him. She is the daughter of his sister.

00:59:23--> 00:59:23

In law

00:59:25--> 00:59:42

that is so so a woman who knows her will be just like her mother. For logical Minerva and your milk sisters. Will mahat when he saw a comb on happiness a comb. Okay. She is.

00:59:43--> 00:59:48

Okay. I'm happy to say this is her stepson.

00:59:49--> 00:59:51

No, no, no, that's not

00:59:53--> 00:59:57

to say that is the mother's of

00:59:59--> 00:59:59

the person.

01:00:04--> 01:00:06

Combat would be the mother of your wives.

01:00:08--> 01:00:08


01:00:17--> 01:00:20

would be that she would be the mother in law, basically.

01:00:23--> 01:00:33

Like if you draw husbands, you draw a line to the circle, right? That's that she got married her daughter got. Oh, yeah, she got it. Yes, man. That's why I

01:00:35--> 01:00:43

didn't draw this yet. Yeah. So this one here. Her daughter married this one. She is

01:00:46--> 01:00:51

his wife. She is the mother of his wife. So that man she cannot marry.

01:00:53--> 01:01:02

Yes, that's her daughter. She got married this one. So she became on home. His wife she is on his wife's he has the mother of his wife.

01:01:04--> 01:01:09

Okay, what about April komen latifi God community community the fountain behind.

01:01:11--> 01:01:19

We wanted this now, a vocal minority majority communists a common law at the facto ban.

01:01:22--> 01:01:26

Her mother married this man.

01:01:27--> 01:01:35

Her mother married this man. After she got divorced from her father, where she was married to him before she got married to her father.

01:01:36--> 01:01:38

And mother married this man.

01:01:40--> 01:01:50

Can she marry this man? Can this Hendricks case scenario this man? No because she has done abeba of this man. For the majority community, community talk to men.

01:01:53--> 01:02:14

It is your stepdaughters that are under your guardianship or under your care in your lap. Meaning under your care. Step Daughters of the women that you have entered the pond that hasn't been entered upon, would mean to the majority.

01:02:16--> 01:02:37

hats. seclusion for conservation is confirmed by seclusion. But there is a Hanbury position that conservation is is actually confirmation that there have been intercourse. So that's the disagreement here between that one Hanbury position, but there is another company position that sides with the Jamaat and that's what I mentioned in the book

01:02:39--> 01:02:52

that consummation is basically by the establishment of hardware or seclusion. Once seclusion has been established. We consider this to be consummation, not actual intercourse. Okay.

01:02:54--> 01:02:56

So Kaurava cumulative

01:03:00--> 01:03:05

Li come there is no blame on you if you have not entered upon them if you have not consummated the marriage.

01:03:07--> 01:03:15

Nicola venum and Assalamualaikum Hannah, Abner echo and Xena Minh hasta la be calm.

01:03:24--> 01:03:24

This man

01:03:28--> 01:03:32

No, wait a second. Where's your husband's father? here because this man

01:03:34--> 01:03:51

this manner is their father in law. So she will be highlighted. Oh appnana como la Vina menos lobby comm she would be the wife, have your husbands who are from your loins, not husbands vitamin D or adoption, not children by a 20 reduction.

01:03:52--> 01:03:53


01:03:54--> 01:04:01

enormous ly become the wives of your husbands that are from your biological husband's biological,

01:04:03--> 01:04:04

children sons.

01:04:07--> 01:04:36

Why Marvin and Octavia lemak itself and that you combine between two sisters, but that is not in the permanent prohibitions. We will discuss this in the temporary prohibitions to combine between two sisters, except what happened in the past. But even if it happened in the past, and then you have become Muslim, then you will have to give up one of them. You'll have to divorce one of them. Except two of what happened in the past. Thank you for that happened in the past you will not be punished for combining between two sisters in the past.

01:04:44--> 01:04:54

Her father in law that we just mentioned, all of his uncles and brothers wouldn't be non pregnant Of course, right. So her father in law's let's say brothers or his uncles

01:04:56--> 01:04:57

that would be a permanent

01:04:58--> 01:04:59

her father in law

01:05:01--> 01:05:22

All of the but keep in mind, keep in mind, her father in law does not only mean her father in law, it means our grandfather in law it means your great grandfather in law and that is what he will come to address here when he says webinar to Mohamed Mohamed in Lebanon Ahmed will connect to automatic

01:05:24--> 01:05:30

wahala he will benefit from Mahanama hora mans in Lebanon

01:05:32--> 01:05:46

he will have two daughters of unmanageable women are also unmanageable except the daughters of unmarried if there is an unmanageable woman, her daughter will always be unmanageable except

01:05:48--> 01:05:58

paternal and maternal aunts because cousins are marriageable, cousins are marriageable, and keep in mind that paternal and maternal aunts, you know,

01:05:59--> 01:06:23

cousins will have to be there will have to be that exception because also paternal maternal aunts that do not mean your immediate paternal maternal loans. Because your grandfather's siblings are your aunts and uncles. They are sort of remote aunts and uncles but they are great aunts and uncles, great great aunts and uncles, and so on and so forth.

01:06:24--> 01:06:48

All the aunts and uncles or aunts and uncles whether they are answer uncles or great or great great aunts and uncles, their children are pallid. Their children are harder. So the siblings of your parents are home to you, the siblings of your grandparents, great grandparents, great grandparents are all around to you, all of their children.

01:06:50--> 01:06:55

So that's one exception, the children of the continent.

01:06:56--> 01:06:58

You know paternal and maternal aunts?

01:06:59--> 01:07:11

Well, Matt, and he said, of course, you know if she is haram to you, because she is the mother of your wife. Her daughter is Helen, her daughter is your wife.

01:07:15--> 01:07:16


01:07:19--> 01:07:21

the wife calls you're

01:07:24--> 01:07:32

the wife of your father, and the wife of your son, their daughters, or

01:07:39--> 01:07:40

their mothers or

01:07:42--> 01:07:43

their mothers?

01:07:45--> 01:07:45

Wait a second.

01:07:47--> 01:07:49

The one that you're

01:07:51--> 01:07:52

okay, how about what happened?

01:07:54--> 01:08:00

Are the wives of your sons and the wives of your fathers, their daughters?

01:08:05--> 01:08:06

Marriage is not from

01:08:16--> 01:08:17

the husband?

01:08:18--> 01:08:20

Or the wife of your father?

01:08:22--> 01:08:24

Of course, we're not talking about your mother.

01:08:26--> 01:08:37

your stepmother, the wife of your father? Is she allowed to marry? Of course not. Here is Harrison. Hello, Mary. Yes.

01:08:38--> 01:08:46

And that is why we have this problem of you know, that we have to separate and so on.

01:08:48--> 01:08:53

The same applies to the wife of your son

01:08:54--> 01:09:01

or daughter. I mean, certainly there's an age difference and I'll stop here. Luckily, I'm not gonna marry her but she's not on marriageable.

01:09:03--> 01:09:04

She's not on marriageable.

01:09:06--> 01:09:10

Then he said, Well, I'm gonna have to wonder Mohamed in little banana.

01:09:14--> 01:09:26

Likewise, the mother the mother is of unmanageable. Women are unmanageable except to the mothers of daughters, daughters of wives, and the wives of the fathers and sons.

01:09:27--> 01:09:40

So let's take the first one. The mothers of unmanageable women are unmanageable except to the mothers of daughters. Well, the mother of your daughter is your wife.

01:09:42--> 01:09:49

Daughters of wives, daughters of wives. So your stepdaughter,

01:09:51--> 01:09:52

your stepdaughter?

01:09:54--> 01:09:57

Her mother is healthy

01:09:58--> 01:09:59

for you.

01:10:00--> 01:10:01

Because she's your wife,

01:10:04--> 01:10:10

and the wives of fathers and sons, the wives of fathers and sons,

01:10:11--> 01:10:13

can you marry

01:10:16--> 01:10:20

the mother of your son's wife?

01:10:21--> 01:10:26

Yes, you can marry the mother of your son's wife.

01:10:30--> 01:10:31

It's not recommended, but

01:10:35--> 01:10:36

it's not such a joke.

01:10:39--> 01:10:42

He can also marry his father's mother in law basically, in this case, right?

01:10:44--> 01:10:50

If he can marry his father's mother in law, yes.

01:10:52--> 01:10:56

He can marry his father's mother in law

01:11:04--> 01:11:08

from a different marriage has from a different marriage.

01:11:10--> 01:11:11


01:11:14--> 01:11:15


01:11:16--> 01:11:17


01:11:21--> 01:11:22


01:11:25--> 01:11:41

take his father's wife back if they did not, they did not change, can the son marry his father's wife, if they did not consummate, the only one that you are

01:11:48--> 01:12:14

the only one that that is contingent upon consummation. The only one that is contingent upon consummation is the daughter of your wife that you got contracted with. So if you have a contract with a woman, her daughter becomes unlawful to you. Only when you consummate the marriage.

01:12:15--> 01:12:27

The rest of the prohibitions are immediate upon contraction, contraction upon contract redness upon the finalization of the contract

01:12:28--> 01:12:38

upon the finalization of the contract, only the daughter of the wife that you are contracted with, is not

01:12:39--> 01:12:48

until you consummate the marriage was, was that wise. And the wisdom here is that the wisdom here is that

01:12:50--> 01:12:52

if you marry a woman,

01:12:53--> 01:12:57

and if you marry a woman, and then divorce her

01:12:59--> 01:13:06

before and after the concert, the end before consummation, and then seek to marry her mother,

01:13:07--> 01:13:20

she will be too jealous, and she will not be accepting. But if you marry a woman, and divorce her and seek to marry her daughter, she may be accepting.

01:13:21--> 01:13:28

It may not hurt, because, you know, her mother would sort of lay is sort of

01:13:30--> 01:13:31


01:13:32--> 01:13:39

So if you if you got contracted with a woman, but you did not consummate the marriage and you divorced her.

01:13:42--> 01:13:46

You can marry her daughter. You cannot marry her mother

01:13:49--> 01:13:50

and your son.

01:13:59--> 01:14:08

Your son, the son cannot marry the woman who just divorce without consideration. Yes, because it's dependent dependent on the contract.

01:14:10--> 01:14:10


01:14:13--> 01:14:25

Finally, the sixth and then next time we will talk about the temporary prohibitions let's just finish the permanent prohibitions on what the American holidays are haram and how he will be.

01:14:28--> 01:14:41

He will have intercourse with a woman, whether locally or unlawfully, she becomes unmanageable for his father and son, and mother and daughters they become unmanageable to him.

01:14:42--> 01:14:59

So he who had intercourse with element whether locally or unlawfully, she becomes unmanageable for his father and son, her mother and daughters become unmanageable to him. And that is the famous case that happened in India on time when

01:15:00--> 01:15:10

You know, it's you know, that case pertains to that particular subject where a father in law raped his daughter in law. And then

01:15:12--> 01:15:22

the court because they are canopies and canopies are like the honeyberries here, the court said that she cannot be married to his son anymore.

01:15:28--> 01:15:33

here and then she said that she cannot be married.

01:15:35--> 01:15:38

So the father in law, raped the daughter in law.

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She was happily married to his son, and they had children. So the courts

01:15:48--> 01:15:50

since this happened,

01:15:51--> 01:15:51


01:15:53--> 01:16:05

her husband now is the child of someone she had intercourse with, she cannot be married to her husband anymore. Well, the shafa is would have said that, okay.

01:16:06--> 01:16:22

And I think that in this particular circumstance, even if I were hanafy, I would have used the Shafi position because this is a very sort of, it is a different circumstance, it's a complicated things here is raid.

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And then we just like basically, the Japanese say, Allah Allah,

01:16:30--> 01:16:31


01:16:32--> 01:16:35

haram does not cause the Hallo to be Haram.

01:16:36--> 01:17:04

But that is not the position of the majority to be to be clear, but in this particular circumstance, using the Shafi position would have made perfect sense and I really wished that they will have used the, so it became big news. And certainly, you know, the non Muslims in India and secularists and so on and so forth, they, they certainly this would be, like, an opportunity for them to just

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slander the Sharia, because why are you destroying this family, because of the

01:17:14--> 01:17:17

rogue behavior of that father in law.

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Anyway, so but this is where it is coming from. This is where the embellies would have said the same thing like the HANA fees, the Maliki's would have said the same thing like the HANA piece, I am saying that in this particular circumstance, we should have taken the Chafee position because not because of merely convenience, but because the circle is called this juristic preference, because when you have a new one scenario, you will have to use some juristic reference or SSN to find the most appropriate ruling for that very nuanced scenario. But this is where it is coming from. So the honeyberries would have agreed with this ruling on it.

01:18:01--> 01:18:04

How Donatella Abby II, II,

01:18:05--> 01:18:41

II Omaha to webinar to keyword intercourse with a woman whether locally or globally, she becomes unmanageable for his father and son, her mother and daughters become an unmanageable to him. So, this is the exact case. Now he raped her. So he unlawfully had intercourse with her, she becomes unmanageable for his father and son. So they said she is unmanageable to his son, and even though his son was married to her, they said the duck marriage cannot basically continue has to be.

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So, this is where you can appreciate the concept of SSN or juristic preference, that in certain nuanced scenarios, you may take a position that you do not regularly uphold because of the new ones in this scenario.

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So if I were hanafy, I would have taken the chaplain position, because this is not a consensual

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intercourse, this was array. So

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01:19:19--> 01:19:20


01:19:22--> 01:19:54

statement, we will go over this particular statement from an Obama document and that's in the chapter of breastfeeding. Breastfeeding results in the same restrictions caused by consanguinity. Whether those restrictions are through NASA almost Ohara, consanguinity or even marriage so that your wife, you cannot marry her daughter from another, you know, from another man.

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Your wife

01:20:00--> 01:20:28

the weakness of your wife, you can't marry her. The woman that best said your wife, you cannot marry her. And that's the position of the vast majority select controversial as a position of the fast majority. Certainly, all of the NASA consanguinity applies, but also the mother of your wife, you can add the milk mother of your wife who cannot marry her. That milk Daughter of your wife is your daughter.

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But can you marry the milk Daughter of your wife

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that was nursed because of a pregnancy from another man, not to you.

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So your wife was married to another man, your wife was married to another man. And she became pregnant, she delivered. And while she was breastfeeding about a little baby, she breastfed another child.

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Then she divorced that man. And a couple of years later you married her?

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Can you marry that girl that she breastfed?

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When she was married to the other man.

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You can't according to the vast majority, because because

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it is not your milk. That girl is not your milk daughter.

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But that girl is your daughter through breastfeeding. That girl is not your daughter. That girl is your stepdaughter through breastfeeding. But what I want you to remember when it comes on I will finish right now. But I will want you to remember when it comes to prohibition because of breastfeeding is what

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the breastfed individual, this breastfed individual.

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This how do we draw this like breastfeeding? anyway?

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This woman breastfed this this man and this woman best defend this boy.

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01:22:31--> 01:22:45

You want to imagine that the boy was detached separated from this family. The boy alone became attached to this family. You're plugged this boy here?

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How do you draw all of the prohibitions around this boy. And they will apply as if he was this boy here as officials. But But

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you are not taking this woman and plugging her in this family. You're not

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which means what? This your father can marry her.

01:23:16--> 01:23:35

Yes, your father can marry her. So only the boy that was breastfed. It is not like you're merging the two families. Only the boy that was breastfed will be transplanted into this family and all the prohibitions will apply. And certainly the prohibition will apply around him also and his family.

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But not only the boy

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like we transplanted the boy here. So this became this one here. So he can't marry this is a sister milk sister milk mother, he can't marry you know this because of his milk. It is his male grandmother, he can't marry this because of his his milk and he can everything but not only the boy who else his siblings, no siblings do not get transplanted. His father know his progeny, all of his progeny. This is their family as well.

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So all of the property of this boy, this is their family as well and all the provisions will apply.

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The boy that was breastfed, and all the progeny of that boy, this is their family as well. So this probably will have two big families one through consanguinity and one through breastfeeding

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and all will be prohibited co will be moharram

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and we will talk about this in detail in Solana chapter breastfeeding.