#07 Fiqh of Family – Conditions to Marriage (Prenuptial Agreement)

Hatem al-Haj


Channel: Hatem al-Haj


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The speakers discuss the importance of valid and invalid conditions in marriage agreements, including the woman being required to honor them and the need for women to avoid marriage. They also touch on the topic of divorce and the importance of not violating HANA fees and the need for women to avoid marriage. The speakers emphasize the importance of honoring certain conditions and notifying others of their divorce status. They also mention the history of marriages and the importance of avoiding privacy in marriage.

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Some proceed.

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Today we'll talk about bubbles Ruth Annika for the chapter on conditions and marriage or prenuptial agreements.

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And the development parama himolla says here in his book on that adverb is a start up to Tamara Bella. Oh la la la vida Sara. Sara has to have a Lamia Phoebe for her first clinica de la de Santa in roti and to fob masala tambien fruit. If the woman stipulates in the marriage contract that she will not be removed from her residence or town or that he may not have a co wife or a concubine, she is entitled to her condition. If he does not honor it, she is entitled to annulment of the marriage. Because the Messenger of Allah sallallahu Sallam said, the conditions that most deserve to be fulfilled are those through which sexual intercourse becomes permissible for you.

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so what the sheikh will will go through here is basically what he started with is valid prenuptial agreements, valid conditions, these are the truth. And the truth has to take place prior to the contract. People cannot stipulate conditions after the contract. People can only stipulate these conditions prior to the contract. So those who are married, you can stipulate those conditions.

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Those who are not, I would tell you honestly,

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a marriage that starts with too many conditions is basically like

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a contractual agreement. And not really a marriage, it just loses the sort of the the loses the tenderness, the lose, the moisture becomes so dry. Because if you have a marriage with like a prenuptial agreement and checkboxes, that's even you know,

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and I'm not saying I'm not completely condemning this, but

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but for the past several years, they have been asking us to make a sort of a marriage contract with all the prenuptial agreements and checkboxes so that people could say is this and that,

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and I'm not saying that it is particularly the people were even considering to do this. But the The problem here is when the marriage starts like this,

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it loses so much, it loses its Spirit, the Spirit is like a union between two people

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who are in love and who want to establish a union of spirits union of pro high in man,

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not a contractual agreement between two agents. It is like, you know, and the more you add to those prenuptial agreements and the more conditions you add,

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the more becomes more contractual and

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emotional, sentimental spiritual.

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Anyway, but but there are certain conditions that we will explain and some of them are valid, some of them are invalid. So when it comes to the conditions and marriage there are a like an uncertainty if like there is one thing that means a lot to you and you want to make it a condition, that's fine, too. We're not condemning the concept of prenuptial agreements to begin with, but we're talking about, you know, excessiveness and the practice of prenuptial agreements. The shift here we'll talk about valid and invalid conditions and, and in general, conditions are divided, particularly in the Hanbury Muslim, because keep in mind, the HANA fees will never invalidate the marriage because of an

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invalid condition, they will invalidate the invalid condition, and they will recognize the marriage they would validate the marriage invalidate the invalid condition. That's the heart of fees. The honeyberries are different. What the honeyberries do is that they divide the conditions into valid conditions and invalid

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conditions and the invalid conditions when

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in invalidate the contract

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or not.

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There are invalid conditions

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that will invalidate the contract.

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And there are invalid conditions that will not invalidate the contract. So if I have a valid condition, what does that mean? And then we will go back to the shape and we will read the rest

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of what he has to say. But if you have

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valid conditions, what does that mean? She tells you.

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I'm not leaving New Jersey

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and the prenuptial agreement, what does that mean? Well, if you have to go to Missouri, at one point,

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he you will not be obligated although according to me, I'ma holla. He said that you're obligated to honor the condition within your means within your capacity. But the authorize the position in the method is that you're not obligated to honor it, you're recommended to honor it. But she's entitled to announcement if you fail to order.

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Okay, so

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you hear the some people said that you're obligated to honor the condition. Some people said that you're recommended to honor the condition. But all people in the handling method agree that with these valid conditions, and in the other mazahub wherever they consider the conditions valid. But the Hanbury method is the sort of most pro feminine method here when it comes to the conditions because they allow so many conditions.

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The idea here is, in all cases, in all scenarios, if you fail to honor the prenuptial agreements, she will be entitled to fast for annulment of the marriage, I are required to honor the conditions, you're recommended.

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And some people said you're required.

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Okay, so these are the valid conditions and we will come to this cluster. And then the invalid conditions, the invalid conditions, there will be two different types. There are invalid conditions that compromise the essence of marriage, compromise the essence of marriage, the quiddity, the essence of marriage, and those conditions will invalidate the contract itself. There are invalid conditions that don't, that do not compromise the essence of marriage, they will not invalidate the contract, the contract will stand and the condition will be invalidated by a judge or ruler hacking an arbitrator that they'll just be invalidated.

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Okay, so the shake starts. So we have three different types of conditions right?

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According to the honeyberries, the HANA fees will have what, two valid and invalid the invalid never invalidates the invalid with that condition will be invalidated, but the contract will step. Okay. The the hand and

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the sheriff here started by the valid conditions. And he says if the woman stipulates in the marriage contract that she will not be removed from her residence or town, or that he may not have a co wife or concubine. She's entitled to her condition. If he does not honor it, she's entitled to annulment of the marriage, because the Messenger of Allah Azza wa sallam said the conditions that most deserve to be fulfilled are those through which sexual intercourse becomes permissible for you. And the prophet SAW, he said, relocation

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This is one example he gave, and that is relocation from her home. She says, you know, for the neighborhood, or even the very house, you know, I am not leaving my parents, I'm going to be here

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in this home with my parents, and you can accept it or reject it. It's up to you but I'm not leaving this house. And I'm not leaving this town are not leaving this state. So relocation, she is entitled to this is a valid condition. The concept here in the valid conditions and the hanratty meth labs is that it has a there is an interest in that condition. It has there is a benefit that would ensue from this condition for one of the two contractors and if there if that is the case, then it is in the interest of the contract.

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If it is in the interest of one of the two contractors, it is in the interest of the contract and that is why they validate Is there a valid interest for a woman to

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stay in her whatever residents, town, country whatever he has there is a valid interest. So they validated this condition.

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Cool wife that is the biggest disagreement between the HANA fees between the honeyberries and everybody else.

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All of them will not recognize this condition. She says to him, like you don't you don't marry another woman. canopies Maliki's and shafa is will not recognize this, why would they not recognize this, because there is a highly simplified Muslim provides for the olana where the Prophet sallallahu Sallam said koolatron philosophy cuttable life a whole article in khadem II sharp

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and then every condition that is not in the book of Allah is invalid, even if it is 100 conditions, they would all be invalidated if they are not in the book of Allah subhanaw taala What did somebody say a year back somebody said that this does not mean that the condition has to be written in the Book of Allah. It means that it does not counter to the book of Allah the condition must not be counter to the

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to the teachings of the book of Allah to the rulings in the book of Allah subhanaw taala. And then the gym who also said, Muslim when I wrote to him in Lhasa, Hala Harmon, haram Hillel and Timothy reported this problematic now, and this is an important hobbies because it is an important detail all of the above and Mohammed add to all of the chapters of transactions. an extremely important part is to mizzi from Ahmed now for Muslim monado to him, Allah Subhan Allah Rahman haram O'Halloran, Muslims abide by their conditions. That's what it says, Muslims abide by their conditions, except a condition that makes however that which is haram Haram, that witches hallen

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that are more said, when she demands that he does not take a good wife, she is making harder.

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She's making something that's hard for him, hold on for him that somebody said No, she's not. She's only restricting his power.

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To marry another woman. She's not saying that it is her arm. She's just restricting his Liberty

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restricting his liberty to marry another woman. If he wants to marry another woman, he can go ahead and divorce her and marry the other woman.

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But she is telling him as long as we are together, you don't marry another woman if you marry another woman, I am entitled to an annulment of the marriage. So that is what the honeyberries how the hummingbird is answered.

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And if you want to add to these conditions, any condition that will be in the interest

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of one of the two parties of the contract, and will not violate the essence of the marriage and will not make hot on holiday

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will be added here. So if she demands that she finishes college friends, that would be a condition that should be honored.

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That is a valid condition. Also, if she if she demands that she would work

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after marriage, given that the work the you know, there's not sort of it's not compromise, it's not values and so on. It's like a decent job etc, then that is a condition that must that should be honored also. So those are all conditions that should be honored because they do not violate the essence of marriage. And they are have some benefits for one of the two parties, whether it is the man or the woman. Now these are the valid conditions. Let's move on to the invalid conditions. And when it comes to the invalid conditions, the safe would mention in this chapter on the the invalid conditions that would invalidate the marriage. And these are two conditions, three conditions that

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he would mention that would invalidate the marriage. These are invalid and the invalidate the marriage. That is Nick sivanna will monitor our

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nikka cigar one more time. He starts by our motto which is temporary marriage

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matar comes from enjoyment or you know what that means temporary marriage, and then he moves to Shiva, right? swap marriage.

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And then he moves to the clean,

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which is the lead marriage.

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And that is to make the first wife permissible after a third divorce to marry a woman, just in order to make her permissible for her first husband after the third divorce because we know that after the third divorce, a woman cannot go back to the first husband unless she gets married. And certainly the intent of the legislation here was not basically to do this trickery, the intent of the legislation was to say to them, you guys are not good for each other try, you know, start a new life with somebody else. Don't get stuck here. If you if you got divorced three times already, you know, you're not good for each other, you're not compatible, just move on.

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But anyway, so these are the three different types that will invalidate the marriage. Is there a third type? What if she asks him? What if she says that we Let's get married on condition that we never have sex intimacy,

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is that does not invalidate the marriage.

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This is a big controversy. So if she says them, we'll get married, but we never have intimacy.

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does she mean by this? Or like, are they saying or are they agreeing on a marriage with out

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handling without without basically

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intimacy or being Hillel between them? If that is the intent, that intimacy is not parallel between us, we're just marrying, but the Muharram The hotma is will stand, then that compromises the very essence of the marriage by agreement, and that marriage is invalid.

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Okay, so she did not mean this, they did not agree on that. They just agree that although it is hard, we're not we're just not going to do with, you know, it is a celibate marriage who are not going to do

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then in this case, in this case, there is a disagreement, the chapter is invalid. And that's a position in the Hanbury method that I personally, so far uphold.

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Although it is not the authorized view in the handling method, because this authorized view and Betty method seems to be more in line with Hana fees and the Matic ease that this marriage will stand

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and the the condition will be invalidated, but the marriage will stand. But why do I chose this? And why do I consider the stronger and there are many embeddings you consider the stronger there is a disagreement within somebody's mouth. Whether this would invalidate the marriage or not. But be the Marta madora the authorized position on the Hammadi method based on the latter scholars does not mean that this is the stronger in the sight of Allah subhanaw taala I just mean it's a technicality within the method, it is not about the stronger position in the sight of Allah subhanaw taala.

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is so the reason why I felt that this the Shafi position here, which is one of the two humbly positions is stronger about a marriage should be invalid is that she's not really agreeing to marriage. I mean, what is marriage without a handle is that the definition of marriage, this is a contract that would allow mutual enjoyment of each other like sort of the the allow for intimacy in

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and if that if the definition of marriage is being violated here, if that can that condition compromises the definition of marriage, then the but but keep in mind that even harder an item he mentioned something

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interesting here, and I don't see that distinction is being made and other books but another item he said if there is

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sort of something to wear into the condition there is a manner like let's say she

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has like a disease or or something or what she can do. She has a heart condition. He has a heart condition.

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And they just can't do it, then in this case, it will be valid.

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But otherwise, it would not. And that that actually is a is a nice distinction here between two different types.

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Make sense? anyway?

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Is it

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the certain

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No, they, they just said that, that this will not invalidate the marriage. But the problem when it can't, when it does not invalidate the marriage, then we actually got this Eve the into into it, like if we if she came into the marriage with a condition that there would be no intimacy, and then we tell her that condition is invalid, the marriage stands the condition is invalid. That's a problem for her, I guess, like a big problem. So anyway,

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but then the chief would start to talk about these three different types of things that would invalidate the marriage. But before I go over the three things, that the three marriages that are invalid, according to the shape of the shape, we'll talk about here.

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Let me talk about this, these things that will not invalidate the marriage, the conditions are invalid, but they will not invalidate the marriage. One example on this is to basically

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demand or for him, you know, most of these conditions that will not invalidate the marriage, but the conditions will be invalidated. are conditions are usually made by the husband. So let's say that she when

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the man

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or let's say that, you know, it was it could be the from the wife, also, let's say that she will demand that there will be no intimacy at night, only during the day or something of that nature. The condition itself will be invalidated, but it does not invalidate the marriage. If he demanded that she spends on him or that he does not spend on her, the condition would be invalidated will not stand, but the marriage will stand. If he demands that he does not give her

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sort of an equal share of the of the nights. If he is if she's a co wife, and he's married to others. That condition will not stand the marriage will stand the condition will be invalidated the marriage will appear. But these conditions that will be invalidated

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can they be perpetually validated by them? Practically speaking? Like if if they agree, they agree what is ordered Miss er, it is basically when they agree that she would get less like she would get like one day every one day one day a month or something

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for weekends or like something

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if they if they perpetually continue to agree mutually agree on this. does it stand yes maybe it's because of hakobyan it's it's between them you know that's so that they mutually agree they mutually agree if she says yes, and when she takes it back later, when the hacking invalidate the condition Yes, the hacker would invalidate the condition. So if she says yes, I'm okay with weekends. And then after they get married, she says no, I want you know, my my every other night or whatever it is.

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And they go to the judge, the hacker would invalidate the condition he will say she's entitled to every other night okay.

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so, these are different examples of conditions that will

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not the when it comes to these conditions, the hanafy is also added one condition that is particularly interesting, which is that she can demand that she will have the right to separation at any time.

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And if she demands this in her

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in her offer, and he accepts it in his acceptance in his Caboose, it will stand she would have the right to separation. She would have the right to divorce anytime. So according to the Hanafi is only not the rest of the mazon

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guys are interested in this

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created so much interest on this

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she's she's just demanding that she can

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get a divorce anytime she wants.

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Yeah, like if she will not walk away but she is entitled to divorce anytime she wants.

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Yeah. So then the SEC says

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then the sheikh says when I had a sort of lesson Santa Monica had matara

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in charata, and Utica he walked in by any lamesa loving a psychedelic, the Messenger of Allah sallallahu Sallam forbade the motto marriage, which means that a man marries a woman for a certain specified period. Also, if he stipulates that he will divorce her at a certain time, it is not that it is not valid. So Nicaragua is is a big controversy, because it's not a controversy within a data center. But it's used, it's often mentioned, because the car recognizes the government as a valid type of nigga. And there are some studies

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reported by Sonny's that,

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that the the the site in support of their position, and these are these would belong to categories or hobbies or hobbies that will show that mccahon mata was valid at certain times, during the life of the prophet SAW Solomon, we all agree, but then that should not really compromise the different definitiveness of the ruling, because there are many things that were okay. People want to drink in wine, you know, all the time, during the time of the Prophet Posada. And the provision of wine was gradual, you know, like steps. So that does not really it's not really a good

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proof against the, the definitiveness of the prohibition of temporary marriages. There are many studies that talk about this,

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ruling abrogating the earlier permissibility and then the the genre of Hadith which is, you know, not a genre, but the other hobbies that they use also are Hadith where some of the Sahaba were not aware of the prohibition after the death of the Prophet sallallahu sallam. And that also does not actually cause a problem for us. All because there are Sahaba, that were not aware of many things after the prophet SAW saddam died.

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He asked because not every time the prophets or someone taught something new, or give them new instructions, he gathered everybody, you know, like an agitator with 100,000 people and told them, you know, he, and so things that actually and that's where, like a lot of disagreements take place.

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Because people were not aware of some of the Sahaba were not aware of some prohibition or some injunction that the province of Southern relate to the people before his death.

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So now, what are the definitiveness of nikka hamata for us, Sunni Muslims is not subject to discussion, or debate, it is impermissible and violates the very essence of

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the permanency of this and the stability of the Institute, the family institution, if you will have families that are temporary or transient, that is not family life, you know, families are meant to be permanent, are

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meant to be permanent. But in Islam, divorce is permissible, because sometimes it would be in the best interest of the two parties that they separate because the they are so incompatible, that life between them is just

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sustained unsustainable,

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could be a source of grief for both of them. So but but that the the permissibility of divorce in Islam mean that this union is not intended to be permanent, it is intended to be permanent, but if it fails, then Islam does recognize that it could fail and give us an exit for the two parties out of this. And that exit oftentimes you know

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that that exists is this like detested by Allah subhanaw taala and the default for that exit according to the HANA fees and the choice of Tamia Rahim Allah is what prohibition not permissibility and lastly it has because of the data or the harm that will be for

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the wife or the children. So lastly, unless there there is there's a valid cause for the divorce. Then the other thing about making

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Hello matar here.

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He also says that if he specifies a certain time for divorce, that is also mortal, because it is temporary marriage, it is not a permanent marriage. But the other thing for me

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is the does any company at the law and, you know, an account within with intent of divorce marriage with the intent of divorce, but that intent is not the intent is not verbalized. Like someone gets married. And he intends to divorce after a couple of years, someone who, you know,

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for instance, goes to study in Russia, and he's doing a PhD in Russia, he says themself, I will marry as long as I'm there to protect myself and this and that. And then when I leave when I finish my PhD and go back home of divorce, does that. Is that okay?

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It's not okay. Well, I believe it's not okay. But let's talk about the disagreement here among the scholars about this. So, you know, the NACA in money, and, and now even much more mentioned that this is okay. According to the vast majority of scholars,

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because they wanted the word they looked at is the pillars and the conditions of the marriage, the sort of the marriage. Now, this contract now, the Peterson conditions, his intent, does not basically violate the pillars and the conditions of the marriage, there is a job that is performed, and there is no agreement on

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a period. There is no specified period in the contract itself. So they looked at the contract and invalidated the contract. They looked at the contract and validated the contract, the correct position,

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the authorized position in the Hanbury mazahub is that it is not valid. The authorized position in the henneberry mishap is that this manager is not valid. And his intent was violate the essence of marriage, which is about permanency.

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That is only an umbrella by the way.

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Because the others will continue to look at the contract and validate the contract because the contract is fine. But the family said this marriage is not valid for him. He will not be married. But

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she will be you know, it's not a marriage. But Allah subhanaw taala will not hold her accountable for sure. Because she doesn't know his intent. So but he will be punished. She will not

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know what he acquires and how many miles habeas.

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Yeah, but not according to others. So.

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So the idea here is

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that reason why I believe that henneberry mehtab is stronger here

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is twofold. One is somebody the second.

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The second one is because you know, automakers do the same thing that the prophet SAW them said about Xena. Would you want this for your mother? Would you want this for your sister? Would you accept this for your mother? Would you accept we accept for your sister, you know that someone you know proposes there and he intends to divorce her? You wouldn't accept it so you should not accept it for other people's sisters as well. And so on. So what how do you get out of this, you get married. And if she because marriage itself there is a way out. If she does not if you if you don't turn out to be compatible, either force if you turned out to be compatible, you keep her

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that's it. That's just as easy as that. But you don't get married with the intent that you have a certain time after what she will divorce you to get married for now. And if things don't work out and you're not compatible, there is a way out.

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And if you are compatible, then you don't divorce her just because you finished your PhD.

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thing is they don't differentiate because they save the company at

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the heart of it I will place it on there, but others will

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In general it is a you can call it many of the talaq and then added he consider it a subcategory of Matan

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But msn money money.

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So, he like he mentions the disagreement he would not mention the disagreement he would not talk about

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even considered as in money he says the thermometer or

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so, it is it is not synonymous with motor, we put it under motor and that is put it under motor, but that is not synonymous with motor.

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it is a subcategory of motor it is treated like Mortal Kombat history, this marriage has Matan marriage as a subcategory of

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sex and whatnot on its survival and user with a lot of Nutter, who is a widow.

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And he forbade that's the messenger some of those items are swapped marriage,

00:36:01--> 00:36:14

which is for a man to marry his daughter off to another man in exchange for the latter marrying his daughter off to the first man without the sybok for either one, without us adopt for either one.

00:36:16--> 00:36:17

Swap marriages.

00:36:18--> 00:36:33

The Prophet sallallahu Sallam said, you know, for or it could be also the narrator any akula Roger Roger is a witch and even Takata was a cup of tea I was originally off Takata

00:36:35--> 00:36:40

for a man to say to another man, give me your daughter and marriage in exchange for

00:36:41--> 00:36:49

with condition or on condition that I give you, mine and marriage as well or, or your sister and sister swap, you know.

00:36:52--> 00:37:03

And that is an invalid marriage that is an invalid marriage. Now, what is the effective clause here? What is the highlight of the invalidity of this marriage is it that is

00:37:04--> 00:37:11

the fact that the the drop to the diary. So they made one

00:37:13--> 00:37:24

the diary of another each one of them is the diary of the other and they drop the diaries is that the editor or the handler is simply making one contract conditional

00:37:26--> 00:37:27

for another

00:37:32--> 00:37:36

Yeah, so it is controversial in the hanratty meth lab

00:37:37--> 00:37:47

that mmm Kodama here considers the island to be that the Slovak would be dropped. And that's the majority of ham bodies and that's the authorized position in the Humvee method.

00:37:50--> 00:38:10

But again, many companies have that's the position I believe to be stronger. Consider the very fact that they made one contract and condition for another enough to invalidate this marriage whether or not they dropped to the galleries. So, even if they give dowry to each one of the two women,

00:38:11--> 00:38:16

the marriage is still invalid, because they made marriage one marriage a condition for another.

00:38:18--> 00:38:25

And the evil of this is quite obvious, you know, and the fact that they always do this like,

00:38:26--> 00:38:30

you know, to certain brothers marry into sisters and or like, you know,

00:38:32--> 00:38:49

two siblings, brother and sister, two couplets brother and sister couplet marrying a brother and sister a couple of the then and then one divorces and the other divorces also in retaliation, that becomes like a mess.

00:38:50--> 00:39:13

So, that has to be you know, the two have to be separated from each other. Everybody if you want to marry then you marry this alone. Forget about the other one. They can they may negotiate like a marriage later. But, but each marriage has to be has to stand

00:39:15--> 00:39:21

independent of the other, independent of the other. No marriage can be a condition

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

of another.

00:39:24--> 00:39:27

Okay, so that's basically the swap marriage.

00:39:30--> 00:39:36

Then the sheikh said falana Rasulullah sallallahu Sallam Allah Mohan de la, la la la

00:39:38--> 00:39:41

la casa de la San Leo hella limited.

00:39:43--> 00:40:00

The Messenger of Allah sallallahu Sallam curse, the Maha Lin, one who makes something permissible. He makes here the wife permissible and the mohalla level, one for whom something is made permissible. This refers to when he marries a woman who

00:40:00--> 00:40:06

was divorced three times to make her permissible for her ex husband.

00:40:07--> 00:40:12

So Talia here, the issue was Darlene here.

00:40:13--> 00:40:16

Remember one of the things that he had to remember,

00:40:17--> 00:40:22

American Allah died in jail because of his fat. We're about to see the three the

00:40:24--> 00:41:10

what is it the three, the composite divorce, the threefold composite divorce, when he made the fat, whether that would count as one, the reason why he made this fat was because people were making this pronouncement all the time. And then they would have like seven or eight kids, and then they want to go back together, and there's no way for them to go back together. So they would find someone to marry her, like for one night, and then they were resumed the and it used to be a mess. Why? Because this person who will marry her for one night, he will consummate it or not consummated. If he does not consummate it, then there this evening gala, because it doesn't count. Because the prophet SAW

00:41:10--> 00:41:12

said I'm sad to say that.

00:41:14--> 00:41:15

So it's

00:41:17--> 00:41:27

so the province of Southern said, No, you do not become allowed for the first one, until you have had intimacy each one of you enjoy the other in intimacy. So

00:41:29--> 00:42:06

if it is consummated, it, obviously it's a mess. You know, because you're getting married, just to consummate the marriage and return her bathroom, first husband, but you consummate the marriage. So it's a mess. And if you don't consummate it, it's another mess because here this evening of law does not make her for the first husband because the intent of the shadow to begin with was to say you're not good for each other after you have three fallouts and you divorce each other three times, try a different life with a different man or woman.

00:42:08--> 00:42:11

But then the three fold the composite three fold divorce

00:42:12--> 00:42:22

is just like a one time thing. You just say your product with that and then she becomes forbidden for forever.

00:42:23--> 00:42:33

So that poses a huge problem for for the Muslim home. That was That is a huge problem for the Muslim.

00:42:35--> 00:42:58

So he said that the profit or loss during terms of profit and accuracy, the divorces used to count as 100 of the armor or the other one who enforced it on them counting as three to punish them for their imprudence in making that pronouncement in prudence and making that pronouncement. And this habit was recorded by us and so

00:42:59--> 00:43:05

but this is basically the background, you know, have that particular

00:43:07--> 00:43:08


00:43:09--> 00:43:23

but to clean has always been a problem for us. It had always been a problem for us, let us figure out the Prophet sallallahu Sallam called them handling a place to start the borrowed goat.

00:43:26--> 00:43:26


00:43:27--> 00:43:29

So the borrowed male goat

00:43:32--> 00:44:23

the Mohammed is the one who makes the first way permissible because he's borrowed, basically to mate with or to have intimacy with the wife for some time, so that he makes her permissible for the first one. And the Prophet was out and said, learn a lot more Holla Holla. Lala, may Allah curse them. Hi, Lynn, who makes the wife permissible for the first one mohalla level and the husband also who is having so that arrangement is occurs the arrangement because the intent of that legislator was what? You're not good for each other. But what is intended here is what Clara says when he said when he defends the federal marijuana law, he says and it was not only even the question in favor of

00:44:23--> 00:44:41

medically and other medically, but now one defended with sort of a detail most of the time these fatawa that are ascribed to a particular scholar they are not that particular scholars only, but they would be named after the scholar who defended them in detail.

00:44:42--> 00:44:56

So another person who just spoke of the fatwa the person who defended it in detail, so when we say music is Habad according to him in a house, where he can't just blame it on the husband alone.

00:44:57--> 00:45:00

There are other scholars but but because of that,

00:45:00--> 00:45:14

Hasn't took the time to defend that position. It is basically blamed on him ascribed to him or blamed on him the position of this leader of horses, it's ascribed to me, although it's not

00:45:15--> 00:45:22

only his, but he took the time to defend it in detail. So, a loss of paralysis This is the parameter

00:45:24--> 00:45:24

notice here

00:45:26--> 00:45:28

and then allowances for interlock

00:45:30--> 00:45:30


00:45:32--> 00:45:43

So, it is a lot haftar Hurghada not block after block after block because for not to block that products that are combined, it is to

00:45:44--> 00:45:59

preserve the you know what resuming of the marriage divorcing, resuming, divorcing, resuming, divorcing, presuming these are the three talks about law said after the third, you guys are not good for each other.

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

So, to divorce, to return, divorce, take her back, divorce, take her back, what the arm used to do in the journey and sometimes to just torment women is that they used to divorce take back divorce think back before it ends. So divorce her take her back before our airlines by one day, divorce her The next day, take her back before her at the ends by few days. Divorce aren't taken back. Keep keep her like this. So a lot said no, you don't have the liberty, you have three divorces only after the third she's not yours. She becomes a bear and she's you can't return her You can't take her back. You can't even take her back by a new contract. Because you guys are not betray each other. So

00:46:51--> 00:47:04

you'll have to get married to another person maybe to basically rescue her from her own intimidation, because people people could be afraid of divorce.

00:47:05--> 00:47:32

Women could be afraid of the horse. So heroine intimidation, Ally's forcing her to try out something new life and his own intimidation also forcing them around you okay. So, and then there are certain things that are agreed upon when it comes to handling certain arrangements that are agreed upon one it is invalid if you don't consummate the marriage agreed upon to two

00:47:33--> 00:47:40

It is also accurate arrangement and invalid if it is

00:47:41--> 00:47:53

written in the contract, if it is for compensation, if there is a person who's known to be a habitual handed and they were they used to be those characters in the past.

00:47:55--> 00:48:10

So the the, so in any of these three cases, this is an invalid arrangement. Now, let us say a person in none of these reservations exists.

00:48:11--> 00:48:33

But someone just out of the kindness of his heart, heard that a friend of his or her neighbor divorced his wife a third time. And then after she ended her eyes, he proposed to her intending intending to divorce her afterwards, so that she may return to her first husband

00:48:37--> 00:48:41

doesn't stand Well, it will stand according to the canopies and Sharpies

00:48:43--> 00:48:46

and it will not stand according to the Madison homebodies.

00:48:47--> 00:49:09

But, but it is it is standing further to the canopies and shafa is because they said that there is no agreement. There is no plot. It's only him and him you know, there is no plot. There is saying that it is not for compensation, it is out of the kindness of his heart. He is not he is not a habitual Mohammedan.

00:49:11--> 00:49:12


00:49:13--> 00:49:15

it's just that he intends to do this.

00:49:17--> 00:49:27

And that does not invalidate the marriage. According to them. That's the kind of interface that is valid. And hermetic is our company. So that is not so.

00:49:32--> 00:49:59

So that's it. I mean, it's there. There is room for disagreement here. And I certainly uphold the Hanbury and Medicaid position that it is not valid, but there is some room for disagreement here. Given that all of the previous Hall you know, given that there is no plot, no agreement, given that there is no compensation. And this is not that it's not being done for monetary gain or anything and that

00:50:00--> 00:50:01

He's not doing this all the time.

00:50:03--> 00:50:05

So given those conditions,

00:50:07--> 00:50:10

there is room for the referees to disagree here.

00:50:11--> 00:50:53

And then what what do we say? What do we do with Hadith of the Prophet salallahu Salam halyn, while mohalla level, because the primary meaning or the thought of this hadith or the apparent meaning of this hadith that he's cursing, just the one who makes them, a woman allowed for her first husband, and a Maha lalala, who the one to for whom this arrangement has been made the first husband themselves. So does this apply to what the herpes shaeffer is? Say is permissible? Well, yes, according to the American Medical Centers, because instead of mohanan, maybe it does not apply to the husband, because there is no Platinum the husband does not know of his intention, but it will

00:50:53--> 00:51:15

still apply to him because his intent is to marry just to make her permissible for the first husband. So you could apply the word mohanan. To him, the herpes insurify He said, No, it doesn't apply, because there is no plot and as long as there is no plot, it is not, it does not apply.

00:51:16--> 00:51:33

So these are basically the conditions in marriage and we divided into them into three different types. There are conditions that are valid, you are recommended or even according to some scholars are required to honor them. But if you don't honor them, the woman or the wife

00:51:35--> 00:51:43

would have would be entitled to annulment or fast of any guy, she can ask that she does not.

00:51:44--> 00:52:00

But you don't take her away from her country or town, or even her home that you don't take another way that you let her go to work that you let her go to school to finish college to do a Master's PhD, postdoctoral fellowship.

00:52:03--> 00:52:51

And then the lender What are invalid ones that will invalidate the marriage, there are obvious ones that would invalidate the marriage, temporary marriage swap marriage and the honey and marriage. There are those invalid conditions in the contract that will be invalidated if they are disputed by one of the two parties. If they are not disputed, they can be mutually agreed upon perpetually, but if they are disputed, they will be invalidated. These are conditions like you know we'll get married but you my wife would spend on me or click on get married, but you will not get your your fair share.

00:52:54--> 00:52:57

You know my time or that we will get married.

00:53:00--> 00:53:03

The wife will say for instance we'll get married. But

00:53:04--> 00:53:06

there will be no intimacy

00:53:07--> 00:53:20

on weekends or something like anything of that nature, then the will be invalidated but what but the marriage will certainly stand

00:53:21--> 00:53:23

and the marriage will stand according to all

00:53:25--> 00:53:28

the articles article 101 and stuff like this.