#09 Fiqh of Family – Book Sadaq (Wedding Gift)

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Hatem al-Haj

Channel: Hatem al-Haj

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I'm about to proceed. Today inshallah we will have the chapter of Saba.

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This is, as, as you all know,

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our chapter of the

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unabridged manual

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written by the amount of gamma and makdessi rahimullah who died in the year 620 after hedra.

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So he says here on the keto soda, which he calls the book of Suboxone, as I told you before, when the call it book, they mean it's, it's large in size, it's larger than being just a Bab

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not it's not necessarily that

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they divided the book into books and then cobweb chapters. So the book may not have any web.

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It may it may just be another chapter. Under the book of marriage, it's another chapter that because it is larger in size than the rest of the chapters. He calls it kita book the book of Saba marketable Silva.

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So this is just to alert you that this chapter is unlike other chapters, it is bigger, it's important than it and it's bigger

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kinaba Silla,

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the book of Slovak or the wedding gift. Now, the word subaqua itself the root word, the three letter word that where this comes from, reminds you of something Greg writes, that

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reminds you of something Saba,

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which is said that truth means in the past tense, spoke the truth. So

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is truthfulness. The verb noun

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is truthfulness. So what is the relationship between sabar concert, it is basically a show of genuineness, a show of commitment, a show of genuine commitment to the spouse. So when someone proposes when someone gets married, they pay that's not in return for for not as a compensation. And even though if some of our earlier scholars

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use suboptimal terminology to define sabar, as a compensation,

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this usage we're not bound by it, because

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we

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were bound by the Quran and the Sunnah of the Prophet sallallahu Sallam that is,

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and we love and respect our scholars, and we find excuses for them all the time.

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We honor the bearers of the tradition. But we are not bound by

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the expressions of the bearers of tradition all the time. And people who do apologetics and feel that they need to defend everything that was said by every scholar in the last 1400 years. That is basically completely mistaken, completely misguided sort of approach.

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What we need to do is we need to preserve the honor of the bearers of the tradition all of them, regardless of your agreement with them, regardless of your agreement to them to you know, respect them and show them the respect and love that is due to the Imams of this Deen.

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But again, at the same time, you don't need to accept everything they said. You don't need to bind yourself to their expressions,

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we are bound by their agreement. But when it comes to expressions in particular, because you know, have at the level of expressions expressions should be cognizant of the surrounding culture.

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So, there's

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expressions, techniques and subject matter. The subject matter of this lien will not change. The flexibility of a gun is not changing the subject matter. It is basically flexible response to circumstantial variables. It's not changing the subject matter of the subject matter of lien will not change. And then the techniques of basically Dawa and so on. These can have some changes, the language the expressions, the rhetoric

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It should basically

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it should be cognizant of sensitive to the culture, the culture and the language of the people. So when you say so is compensation

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and sometimes they would say subak as compensation for

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they would be a little bit more explicit,

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you know, or not explicit, but a little bit more.

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Anyway.

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They just wanted to

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to be the they wanted, basically, to make this contract comparable to other types of transactions. It's a Mohamed, it's a transaction, and the year is a contract. So they wanted to apply basically, the

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sort of the same understanding their conception of a contract, there is like something that is being given an exchange for something else. But they did recognize as well that sabar is not even a condition of validity in the country. This is not a contract of Marhaba. In that sense, it's not a contract of trade exchange of benefits in that sense, because Saba is not even a condition of validity. Yes, it is. But isn't the condition of validity. It's not, it's not even, you know, so it's not not only it's not that it is not only a painter, because in the the other forms of contracts, that the price is one of the painters, not the conditions of validity, it is part of the

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essence of the subject matter of the country.

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But Saba is not a pillar, it is not even a condition of ethnicity. Like you could have a marriage without Saba. Yes, it is obligatory. But what if you have a marriage with also when Dr. Mohammed probably anthem, so one out of three,

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and if you divorce them before you touch them, or you designate a monitor for them, or you designate a gift for them.

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So it clearly you could do this, and the marriage would be valid. So So that's basically is a show of commitment, it comes from Seth, it comes from truthfulness. So this is the husband's genuine, the husband show of genuine ness, or genuine commitment to this relationship. Therefore subak is not meant to be like negligible, is really not meant to be like a negligible. And we do say

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hyaluronic a sorrow.

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We say that the best marriage is that which is easiest, or the best, or the or

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the most the blessing of women is basically I said,

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that will not cost much or

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sort of, like afford.

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But

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But what does that mean? Does that mean that the Saba shake is just negligible? And some people would say, well, the Prophet sallallahu Sallam said, karma is one of amendment Hadid seek even a ring of iron. So that could be anything but when did he say ultimus? What ohata amendment Hadid? When did he say this? He said this when a man came to him. And you know, a woman was basically offering herself to the prophet SAW Southern proposing to the province of Solomon, he did not want to marry her. And a man came to him and he said, if you have no interest in her, marry her off to me, he gave her to me in marriage. So the Prophet sallallahu Sallam knowing that the woman wants to

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marry, you know, not forcing it on her but knowing that the woman wants to marry, he said he told them what do you have? He said I have written

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Exactly.

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He said about if you give her your result you sit down without his or her expenses.

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So

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in that context, the prophets have told them

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to seek even a ring of fire, just to show that you are serious about it that you show some commitment.

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And then when

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when the man was not able to find even a ring of fire and he gave you know he married him by

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The plan that he has or he told him like, Did you remember anything of the plan and it is understood from that context that teaching her what he knows of the plan was going to be here. So Bob, even though in the hanbali mathtype authorized position, you can teach the Parana Saba and they do have, we, we have our own explanation, basically, as to why we don't recognize teaching the piano. So

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we may come to it later. But, but teaching the piano according to the earlier hanafy is not the late latter half of his but according to the area kind of is and and Belize is something that you don't take compensation for, because it's only a quarter, but it's something to do for the sake of Allah, it's an act of devotion, boom, the it's not something that you take compensation for. Now, most of the contemporary scholars

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would say the teaching the Quran is something you can take compensation for. And that is because it is almost that ganadora it is almost basically rulings

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at times of necessity, because if we say otherwise, the Quran itself will be lost, and people will not be teaching the Quran, because beighton

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is not basically supporting the teachers of the Quran anymore. So that we could say we will have, you know, support some support for them. So, but anyway, so Suboxone is not meant to be trivial. It's not meant to be negligible in amount. It is meant to be a show of commitment or show of your set for your genuineness and your commitment to this relationship. So how much approximately what's about to be, well, how much was the stock of the Prophet sallallahu Sallam to his wives, you know, amarante alojado and this was reported also from Isaiah said that the stock of the Prophet Solomon his wives, and that he took for his daughters never exceeded 12 1212 and a half

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inches never exceeded

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the

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opia which would be 12. When I said, Nash is half an

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hour and a half homers at 12. It's about the same thing. One will pay is 40 grams of silver.

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So this would be 480 this would be 500.

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So 500 grams of silver, that was the prophets subak. But could it be more? Yes, Habiba got 4000

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Do you know why?

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Because she gave her the 4000 so

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she she

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So

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on behalf of the profit zone manager she gave her for like 4000 but the prophets of Salaam was even handed even in his monitor his as well. Which is not a requirement you don't like if someone is married to more than one woman it is not a requirement. You could marry a princess and murdered miss the murder of her equals. You could marry a Priscilla princess and a peasant. You will not pay the same Mahara to to them because modern mess is not the same.

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But if you can be even handed that's good. Nobody would accept that even handedness that is good, because that is what the process was on did so aside from the home Habiba, he was even handed even in his mind.

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But after you marry the princess and the peasant, the sustenance has to be equal.

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You basically have to maintain the same standard of living for both of them.

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But the matter does not have to be but anyway, so the province of Southern was even handed even in his law, he would give 500 about 500 dirhams. So what is 500 dirhams?

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If you say 500 silver coins in our time, this would be really not much. It would be a small amount, but this is not how we do it.

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This is not how we do it, we have to estimate the buying power the purchasing power of the 500. And how do we estimate the purchasing power of the 500 and you will find all of this written so don't worry about writing because I sent you the document.

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So we will so how do we estimate the how do we estimate the purchasing power of one dead ham during the time of the Prophet sallallahu Sallam? The wagons cutters usually do this is by the deer. It is basically the blood

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Money the blood money is what 100 camels

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1000 dinars

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10,000 dirhams

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2000 sheep

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sheep

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their hands

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dinars

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so you could have a sense of the purchasing power of the so then when dinar is about 10 their homes 10 to 12 It's a matter of disagreement 10 to 12 let's say 10 simplify things 10 tender hands so one dinar is 10 their homes so one dinar

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10 dinars will buy you one candle

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right

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100 their hands will buy you one camera

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one dinar will buy you two sheep

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one dinar will buy you to see

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right

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one dinar is how many their hands

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their hands to sheep

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okay

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so do you know that these are

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all bad he

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had he thought were badly where he went to the where he the profits aren't given wonder him to buy a cheap and he went and bought one and then on his way back he sold it for two he sold the bob bought it for one dinar and sold for two dinars went back and bought the profits all sudden another sheep for one dinar and came back and gave the profits on the one dinar and the sheep

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and then the Prophet you know made the art for him to bless the bless his transactions.

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So what do we get from that hobbies? One DNR

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one DNR one sleep and two dinars one sheep right so

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Okay, so if two dinars one sheep have two dinars one see how much can one dinar get half a sheet

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I'm saying if two dinars is one it can buy you one sheep one dinar can buy you have

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to have it but if he that he bought to the sea for one dinar and he sold it for two dinars, so two dinars when she

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if two dinars once it would buy one went by one sheep, then one dinar buys half right okay.

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So, from here to here,

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then, we can say that one dinner buys you anywhere from half to two,

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from half to two.

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So, tender hands can buy you anywhere from two sheep to have.

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So, what is 500 then 500.

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is, can I can buy you how many now

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25 to 125 to 100 feet

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at the higher price, it will buy you 25 sheep at the lowest price it will buy you 100 cheap.

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Let's take 50 and somewhere in the middle let's take 50 sheep.

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So that's about of the Prophet sallallahu Sallam was about 50 sheep

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that was substantial in their time. This was a time of scarcity, like and when they have very little means 50 sheep is a wealth that was substantial during the time of the Prophet saws.

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really substantial. Your enzymes the profit cells are

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50 sheep is around $2,000 now

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how much is 50 sheep now?

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15,000

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Forget

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what we're trying to

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what we're what we're trying to do here, don't be too literal about it, we're just getting the gist of it, we're trying to understand that the market was substantial. The matter was substantial. It was not, you know, basically negligible or trivial amount of money. Because if we're saying it is called Saba a show of commitment, it is substantial.

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But you have to take everything in consideration. Like if you know, if there is a like, if there is like a student, for instance, or someone who just finished college and he doesn't have much, and he is showing commitment, and you know, whatever he has, he is showing commitment, he's working hard to show his commitment, then you certainly don't hold them to any sort of abstract standard in your mind, you don't have to come down and contextualize it. This is a student in college, or this is, you know, someone who just got out of college, you will have to contextualize the but the point is that it is substantial, because it is a show of genuineness and commitment, that's all.

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Okay, can you do some

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which is deferred, and some Yes, you could do more,

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you could do more. And you could basically advance part of it. And the third part of it, how much you advance and how much the defer is up to the bride, she can determine how much to advance and how much to defer. Now, if you say this is the first

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in a culture where the further down it becomes own the hand, or do upon divorce or death, then that's what will apply. If you say this is deferred until a certain point until a certain time, then it is fine. If you say, You know my mom is

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but don't exaggerate, it was gonna say this, like, just as an example. My motto for instance, is $50,000 5000 and advanced. Don't don't do this, but I'm just

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giving examples here

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5000 in advance and then 5000 each year for nine years.

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Can you do that? Yes, I can do that. You can do whatever you want. You could basically advance and say whatever the division is up to the bride, she can determine how much certainly other Mona Baraka sorona Mona, you know, ironic I started the business as the affordable one and

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even said

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that man you legit you know the marotti fees of a party.

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He can live to a lake eola

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Park Calif to a lake eola Kerber.

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So, a man would continue what would would give his you know, what the exaggerate in the suburb until he becomes resentful and it says to his wife, you cost me everything, even the hanging string of the water skin, the hanging strength of the water skin, I have to sell everything I own to marry you, you cost me so much causes resentment causes resentment. So, we have to be we have to understand that this is not a price, this is just the issue of commitment. So if if it is obvious, the commitment is obvious and they are showing their commitment within their means. And that is what we need to accept, show their commitment within their context within their means.

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And so on. But again, at the same time for the brothers, they have to understand that it is not something negligible. It is really a show of commitment.

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All of this is coming now. We're gonna this this is Kitab saga. This is the book of Saba.

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We didn't even

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we didn't even get to start we didn't begin to

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but the CX said here kilometers an akuna feminine jozani akuna Saba

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Kellyanne Conway ocasio Nicodemus relies on Shannon

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levy Palooza, Whitney.

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Hilton is one of them and Manhattan, anything that is lawful to be a compensation is lawful to be as a law, whether it is large or small. This is because the statements of the Prophet sallallahu Sallam are the Messenger of Allah sallallahu sallam, to the man who asked him to marry him to a certain woman. If the Messenger of Allah sallallahu Sallam himself was not interested in marrying her, seek something for an hour

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I'm using dollar and gallery, there is an explanation in the book, why I prefer some of our gallery because of connotations, you know, it's not a morning gift, it is not a price of the bride. So, dark is a better word to use, but just for simplicity, seek something for the salary even a ring of fire. So, anything that could be a compensation

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could be a match, what does he mean by this, he means that the same thing that will apply to a sale contract something that could be a compensation a price for a commodity, it could be a mark, and that is where the idea of commodity and price and compensation is coming from, because they wanted to define what a market is. So the they wanted to say that the market has to be a valid compensation and it's a contract with some exceptions, that they will allow a little bit more of rather

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than the word NSA, NSA contract, because in my heart,

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there is something that we can fall back on. If the if he says you know, I will get you this one safe, if I find that and he doesn't find it, what happens she gets mad and missed the monitor equals the moderator equals. So, there is a default that we can fall back on all the time, when it comes to MMA. So, a little bit more about our may be allowed, but a lot of color is not allowed in Mark. So, you know high your mark is whatever is in this box not allowed.

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This is not allowed because that is part of that is not acceptable. Okay. So, insects cannot be nothing You know, it has to be useful has to be useful, it has to be our compensation in a contract useful

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or extreme or unknown mark is not allowed.

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Also the you know, somebody said it cannot be so trivial that it cannot be divided by two. So, one feels is not allowed.

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Anyway, but, but the point here is that Mahara should be something that could be a compensation, can

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it be a service cannot be usufruct service, something of that nature? Yes. Because I use it for the use of my a part of this apartment, for instance, or the use of this, whatever they use, use.

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It could be a compensation on a contract, it could be a mine. Could it be a service? service could be a compensation or contract? Yes.

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I will teach you site Muslim.

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Is this a mock?

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Well, it's controversial in the Muslim because in the middle of the day, they also say teaching Muslim has to be a quarterback the Quran. But anyway, but but but yes, according to one position in the math hub, yes. And according to the majority, yes. You know, other than the Quran, teaching faculty should have been teaching math, teaching astronomy, teaching, anatomy, teaching anything, could be a monk, because that service could be a valid compensation. And then they have like, it's a long discussion about it, because what if he taught her and then

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he divorced her before the consummation, how can he take half of the knowledge back?

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He would actually demand half.

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Half of the auditorium half of the

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half. No, but it is it is.

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already taught her the stuff and she demanded that she should, she should understand that whatever. Whenever she gets the MA, she should understand whatever the matter is, she should understand that she's liable for half of it.

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If consummation does not take place, if conservation

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And does not take place and divorce takes place before consummation, she's liable for half of it.

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So maybe she she she like if they agreed on 10 classes, maybe she should take five only before consummation, so that she would not be in debt.

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But anyway, so, you get the point here, the point is that the matter has to be a valid compensation vertical cannot be unknown, it cannot be useless. And

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it can be used, or it can be a service.

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As our Director of NASA Ruby is avakian, can jazz wanna Yokosuka? hobby, min Mary, Miss Leah in Florida.

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It is valid for a man to give his daughter in marriage for any sabacc other than the father. No one is allowed to give her in marriage for less than the Slovak of her equals, except with her permission, except with her permission. Why is it that the father can marry her for less than the modified equals? Because as we said before, the father has so much compassion that if he were to do that, he would be doing it in the best interest of his daughter. Like if someone proposed to her, like a student who just finished college, for instance, proposed there. And every one of her sisters got like the say $5,000 whatever the number, I'm not using numbers here to suggest anything for

00:31:41--> 00:31:51

anybody. You know, I'm just using numbers just as numbers. No, keep in mind not suggesting anything for anybody who from here or here.

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So he said every one of her sisters got $5,000. And this guy came out of college and he doesn't have the $5,000. So his her father decided

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to accept $2,000 as a dowry for her.

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He would be if he may be doing this in her best interest. Let's say she's an orphan. Her father is not around her uncle decided to get her married, he cannot accept 5000. Except with her permission, she agreed. Yes, her father can tell her can force her to take the 2000. Basically, that's what they're saying. That's what they say. Her father can force her to take the 2000

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which is less than the 100 equals because he sees that this is dead in her best interest. Okay.

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Then

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certainly they would mention that the site plan was accepted to their homes for his

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daughter and site but I'm not sure if he could not have been Wildman.

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dienen. So sidedness, I've accepted to the terms only for his daughter, because the guy was his student, was a student of science.

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So he, he didn't have the, you know, the means to pay more. So he accepted to them. But he saw that the ability of the student and the smartness of the student, there was something that, you know, that made side accept to their homes, to their homes.

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As a dowry for his daughter.

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He said, he allowed him to, you know, iron ring, basically, as a miner, for that woman. And it seems like you would have been willing to accept the result if you had an X ray. So the only reason he said no was because he wouldn't have been as correct. So what do we say that is there? Is this basically men from the wives of the cops I said, and that he could have done that if you wanted?

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I think that it was going to be with her permission. Because she was worried about Aslan, she was given herself to the prophets on Solomon marriage without

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like, she didn't really care she just wanted to marry. So the idea here is that, that really, if the body is not the father, that way, you can still have her have her married for less than the equal the equal sort of dowry, or the value of her equals with her permission. So

00:34:31--> 00:34:34

that lady, she would probably be okay.

00:34:37--> 00:34:44

She was okay at the end for just the core, you know, sort of core and classes and

00:34:46--> 00:34:48

which is certainly greater than anything.

00:34:49--> 00:34:52

But the point here is,

00:34:56--> 00:34:59

yeah, no one other than the father would marry her.

00:35:00--> 00:35:05

For less than the mother of her equals without her permission,

00:35:06--> 00:35:08

then the she accept the foster

00:35:09--> 00:35:14

the virus of AXA interlock the hula miaka la

00:35:16--> 00:35:16

mokhtari.

00:35:19--> 00:35:22

is well. Last allottee

00:35:23--> 00:35:24

subsection

00:35:25--> 00:35:35

if he marries or without us about the marriage is valid if he divorces or before the consummation, she's entitled The only to the matar which is gifted conservation

00:35:36--> 00:35:51

which should be proportionate to the wealth or the poverty of the husband. The highest mortality is a servant and the lowest is a garment in which she can pray in which she can pray. So

00:35:53--> 00:36:03

Allah subhanaw taala says legend Harlequin production out of Florida material one Alamosa, Colorado Dr. Ricardo Madame de Muro de

00:36:07--> 00:36:33

la vida de da de Vaca Tunica when takakura Pennsylvania come in the lobby matamanoa See, so, in these verses Allah subhanaw taala says there will be no basically reproach or blame on you a few divorce women or liability approach blame or liability on you if you divorce women

00:36:34--> 00:36:37

men and women if you did not touch them

00:36:38--> 00:36:41

which we will talk about later What does that mean?

00:36:47--> 00:36:48

It means intercourse

00:36:49--> 00:37:01

touching in the present means intercourse, but is it only intercourse What about seclusion and we will see that in the mouth have seclusion will also make the entire ma incumbent.

00:37:02--> 00:37:17

We will see also that in the method touching with shadow will make the entire market with lust lustful touching will make the entire market incumbent we'll also see in the mouth have that even if he kissed her in the presence of people

00:37:18--> 00:37:27

that makes the entire market incumbent without exclusion without you know, consummation anything they consider that to be concentration

00:37:29--> 00:37:38

but then amendment probably anthem zone before he touched them or designate half arriba for them designated our refer them

00:37:39--> 00:37:42

for material one, so give them a gift of conservation

00:37:43--> 00:37:48

Colorado everyone according to their means, the wealthy equivalent to their means than poor according to their means.

00:37:49--> 00:37:49

If you have

00:37:51--> 00:37:57

an obligation on the good doers obligation on the good doers, now

00:37:59--> 00:38:03

this means what that concept of motor motor

00:38:07--> 00:38:22

motor means enjoyment, right. So but it means you hear like a gift of consolation, you know, to make her up to compensate her for the fact that you know the marriage that not

00:38:24--> 00:38:25

basically

00:38:27--> 00:38:30

not go through or proceed.

00:38:31--> 00:38:33

So a gift of consolation.

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

So that gift of consolation, which is not

00:38:44--> 00:38:57

in this area, the mortara in this the motto was for a woman who did not have a designated dowry, no designation

00:39:01--> 00:39:04

no consummation

00:39:11--> 00:39:18

no designation, no consummation, so no designation no consummation motorhome would be

00:39:20--> 00:39:24

obligatory for sure, because that is the exact statement of the I

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

like

00:39:28--> 00:39:34

the contract. Yes, this is of course after the country, but it's not like written in.

00:39:37--> 00:40:00

She would ask you when you like go to the bathroom? Yes, the chef would ask you what is the dowry? But what if what if there are more for one or more for whether is the woman who is married without a dowry? After the contract is done? If there is no mention of the dowry, for there is actually a mention of no

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

Are you? We're getting married without without dowry. That contract is valid. But then we will not honor that no dowry thing. Because now it's not when the boy and his father have come to the house and like asked for the girl, and then they will do the fancy house. This is not No, no,

00:40:23--> 00:40:38

no, we're talking here about the after the contract. There is no commitment whatsoever before the contract, all of the discussion is after the contract. So the sheriff here is talking about the mortara. And

00:40:41--> 00:40:54

okay, and then he said, and we will come now to talk about any diversity deserves a matar. This is what we said, because we wanted to figure out sort of,

00:40:55--> 00:41:33

and this would be in accordance with the Hanafi method. And there is another reporting method that would support that every diversity will take will be entitled to a matar. The reason here is that we wanted basically to figure out a genuine Sharia compliant solution for the problem of divorce that takes place like in a country like here that like this one, after 20 years of marriage. Should the woman then go to court to take half of the positions of the man? Should the woman walk away without anything just with her, like suitcase?

00:41:34--> 00:41:41

From this marriage if she decided to be a homemaker, and basically to,

00:41:42--> 00:42:14

to do that honorable noble job of homemaking to rearing children and all of that stuff. She decided to do that, Should she walk away after 20 years if he if all of the wealth that has been accumulated or accrued during the marriage goes to the husband, because he's the one who's working? What should we do in this case? So at Amgen, we felt that a genuine solution that is Sharia compliant from our the the would be

00:42:15--> 00:42:22

that every diversity is entitled to a matar in some other verse in the Quran and the same Surah

00:42:23--> 00:42:25

alacati Matan model,

00:42:26--> 00:42:36

and for the divorcees is a gift of consolation. And it did not say how can I walk in and it's an obligation upon the therapy.

00:42:38--> 00:42:59

So it did not say in that verse, which type of mocha Lockhart it just said MOTOBLUR card. So that is where the Hanafi is, that is what the Hanafi site in this regard. So another report can be handled by the meth lab, we found that this report is that this particular position is is is a valid position.

00:43:03--> 00:43:45

So anyone after consummation, but we certainly in the way we excluded from this the one who get has a designated dowry, and gets a divorce before consummation, because Allah is explicitly said she's entitled to one half have her dowry, so that is included. But any woman after consummation, divorce happens after consummation, she will take more time before consummation, she will take more time. Only if there was no designated dowry that was designated that worry, she'll take half the delivery, she was no designated delivery, she will take the motor. He said, allow

00:43:46--> 00:43:47

a servant

00:43:49--> 00:44:38

for life that, you know, meant, you know, purchase her a servant for life. And nowadays, it just occurred to you that Allah harden is very complicated for us to figure out what that means. I have never had a case where the lowest mortality would be to give her caseworker like an attire in which she can pray that will cover the entire hour in which she can pray. Now, when we say she was married, like amta, for instance, when we were talking about the motto for women after divorce after 20 years of marriage, and she was married. So how do we how do we figure out the Mater? If she goes to court she'll get half of the man's belongings or possessions or wealth.

00:44:40--> 00:44:59

Should we say she gets nothing? Should we say she gets one 10th? What do we do with that it has to be left to the judgment of that panel. That will determine but it has to be commensurate with several things including the wealth of the family.

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

And the duration of the divorce and the cause of divorce. So if the cause of divorce was thought of, from the man, for instance, was basically the man's

00:45:15--> 00:45:34

unwarranted decision to divorce her, then that panel would be a little bit more sort of punitive to the man and, and give her a larger sum of the wealth of the family. Because of this, because of his tasks of if it was.

00:45:36--> 00:45:48

So different factors. One is the wealth of the family. The other one is the duration of marriage, and how much she contributed how much she devoted and dedicated of her life to this marriage,

00:45:49--> 00:45:59

during the marriage as well, and the third would be the cause of divorce. So that is how we estimate the motor. But we have

00:46:00--> 00:46:03

this is not when this is something that is in the method.

00:46:04--> 00:46:14

This is not something that the law said or the prophet SAW themselves. But we still use these guidelines as basically just,

00:46:15--> 00:47:14

you know, it is important for us to go back to our heritage, because it is, we will otherwise be floating, you know, in the thin air not having anything to hold on to not having any encourage. So, we will use this, but keep in mind that it is difficult to hear to determine what a harden means. But if you want to say a harden, that means what nowadays, like an environment where you could get enough money to have to hire a servant. That's a lot of money. Do you know what that means? You know, like, if you want to get set up an endowment that will produce enough money to hire a servant. Like let's say the servant will take 20 $500 a month. So that is let us say, what $30,000 a year?

00:47:14--> 00:47:18

What is the endowment that will yield $30,000 a year?

00:47:19--> 00:47:20

That's

00:47:23--> 00:47:25

about 1 million. Yeah.

00:47:27--> 00:47:35

So it is not. So the motor is not really you know, when they say them, this is not really trivial.

00:47:36--> 00:48:09

But that is that is the issue of motor in general. Keep in mind that in the hand, very messed up so that you don't confuse things. You know, I'm bringing Amgen to bring a little bit of contemporary sort of flavor to it, but in the embodiments of this motor is only for women who did not have a designation did not have consummation. The other reports have any method that is not authorized and the Hanafi madhhab would give it to any diversity. That is what Hamza took basically to solve the problem.

00:48:11--> 00:48:13

The problem that we just talked about

00:48:14--> 00:48:15

Okay.

00:48:17--> 00:48:20

Then the sheikh said Rahim Allah Allah

00:48:24--> 00:48:29

in matter of public welfare for about a half

00:48:30--> 00:48:40

a rock solid shadow back him in human Mira swallow you had a piano DSLR Salama qaddafi burrow up into ash kilometers out to Harlem yet

00:48:42--> 00:48:46

another Maharani Sir Alex Allah, mira

00:48:49--> 00:49:16

is one of them dies before the consummation of the marriage and the designation of a server, then she will be entitled to the server proper equals no more and no less. The survivor survivor survivor will be entitled to inheritance. And if the survivor is the woman, she must observe that this is because the prophets on the law Salaam decreed concerning

00:49:20--> 00:49:37

the province also known decree concerning the case of bhanwar been to ship when her husband died before he consummated the marriage with her or designated the support for her that she was entitled to this about half her equals no more and no less.

00:49:39--> 00:49:45

That she was entitled to her share of his inheritance and that she had to observe that

00:49:46--> 00:49:59

Okay, so no designation. No consummation, divorce happens. Mata is binding, no designation. No consummation.

00:50:00--> 00:50:09

Divorce does not happen but one of them dies. The man or the woman. So, no designation, no consummation

00:50:11--> 00:50:12

matar

00:50:13--> 00:50:22

in the case of divorce, no designation, no compensated No, no consummation.

00:50:23--> 00:50:25

In the case of death,

00:50:26--> 00:50:27

what do we do now?

00:50:29--> 00:50:38

She did not she got married without designating Valerie or they may even have said no doubt worry, we will not honor the

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

core they did not just men, they didn't mention that our worry, okay. So no designation nor consummation, one of them died, what happens in this case?

00:50:51--> 00:51:03

The matter becomes incumbent because the more Yes, but the more it becomes incumbent upon what many things you know,

00:51:04--> 00:51:24

lustful touching, kissing in public seclusion, intercourse any one of these makes the incumbent all of it entirely at once. In addition to this, the death of one of them makes the entire market incumbent all at once. So Omar is incumbent.

00:51:26--> 00:51:27

So, Sadat

00:51:28--> 00:51:32

and its entirety, the other thing is inheritance,

00:51:33--> 00:51:53

they are married, they inherit from each other. The third one is bad, if he is the one who got who died, then she would have to observe that three things of the love and master would made that judgment without knowing that the Prophet sallallahu Sallam made it

00:51:56--> 00:52:13

and when he was when he was told that the Prophet also made the same judgment about bourbon to answer, he was so happy that his judgment agreed with the judgment of the province of Southern without even you know, knowing what the profits are themselves. So,

00:52:19--> 00:52:30

if she dies, if she dies, she will like the her motto would go to the people to her heirs, what is it her to her heirs, so

00:52:31--> 00:52:42

and then inheritance and so, if he dies, she gets them sabacc if she dies, she gets this up also but it will go down to her inheritors.

00:52:43--> 00:52:44

The

00:52:45--> 00:52:52

the inheritance The same applies whoever survives the other when they would inherit and

00:52:53--> 00:52:57

only if he dies she would have to observe died.

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

Is this clear?

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

Good.

00:53:08--> 00:53:10

How do we determine modern Miss

00:53:12--> 00:53:56

Mahara method the Mahara equals the marver equals that equality is equality, Phil Jamal, well, Mel was you Well, we were we are adding more equality in many parameters. The metrics of equality will be beauty, will be wealth was the status will be lineage was the weather. So, you look for women, you know, that will you look for women in her family that are comparable to her? Age wise, beauty wise, everything you know, and how much did they get for dowry? That is the amount of her equals now we can't find this you go out

00:53:59--> 00:54:25

even here city, you go out is to figure out what is the murder of her equals somewhat subjective, yes, but that is that is what life is about most of the time, there is room for subjectivity here, but we try to get you know, we tried to basically hit you know, the heart of justice as much as we can, you know, just

00:54:27--> 00:54:30

we try to be as just as we can.

00:54:36--> 00:54:37

When the sheikh said when

00:54:38--> 00:54:40

the hoodie Annie alfre Bala Farah has

00:54:42--> 00:54:43

Maharani

00:54:44--> 00:54:46

aksaray Salah Her

00:54:47--> 00:54:48

work is already going on.

00:54:50--> 00:55:00

Do if she demands that he designate a sub doc for her before the consummation she is entitled to that if he designates for her that

00:55:00--> 00:55:22

above her equals four more, she is entitled to nothing more. The same is true if he designates less for her, and she accepts that. Okay, now they got married, the contract is done. Now the woman, the woman did not get married and the woman asked for $2 billion

00:55:25--> 00:55:25

for ma

00:55:27--> 00:55:30

Hara, yes when atoms, origin mechanisms, you know what I

00:55:35--> 00:55:48

mean? So if you if you wanted to divorce and marry another woman don't take from the first one. And you have given the first one cantar, which is a huge amount of gold.

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

But don't take anything back.

00:55:54--> 00:56:04

Because that will be a compression and great evil to take anything back from the woman after you have given her the hammer. So Allah said Clinton,

00:56:06--> 00:56:11

huge amount of money to have she wants to if she wants $2 billion dollars, she can ask for $2 billion

00:56:14--> 00:56:16

before the contract,

00:56:17--> 00:56:30

after the contracts, if she had not already asked for her mom, then she is bound by mahad and missed the amount of the her equals she cannot come after the contract and say,

00:56:32--> 00:56:41

you know, I want to make 2 billion million dollars. No, it is Mahara method America equals. So if he offered you the amount of your equals after the contract, you will have to take

00:56:42--> 00:56:57

that is what they're saying here. If he offers the amount of your equals after the contract, he should have to take now she has the right to basically pause the consummation,

00:56:58--> 00:57:03

stop consummation for positives, if he does not give her

00:57:04--> 00:57:33

so and he does not designate a monitor for her. She has the right to demand for the designation of the mark at any time. She says, you know, designator Ma and if he doesn't designate a mariachi, she'll take him to court, they will force him to designate a mark. And if he fails that day, the mark, which mark the moderator equals, if he fails to pay the moderator equals she can basically say Well, I'm not proceeding.

00:57:34--> 00:57:37

No consummation I'm not proceeding entity pay

00:57:39--> 00:57:51

for my equals, what if they get married already? And we consummate the marriage and then he at one point she tells them what about Mama, where's mama? And he says, I don't have I

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

don't have anything I

00:58:00--> 00:58:02

can see then

00:58:04--> 00:58:07

refrain from basically

00:58:08--> 00:58:15

refraining from intimacy refrain from American relations until he surrenders. He or she can

00:58:16--> 00:58:18

she can and he will be forced.

00:58:20--> 00:58:34

can see the man separation if he failed to say yes he can. And she will be she will be granted that in court if he fails to pay them. So that's about is actually a big deal.

00:58:37--> 00:58:40

The CFC says fast wakulla for cutting j

00:58:41--> 00:59:18

hula Islamia? How did daddy buy her? First in the IB her first clearly IB. How was he confiscated the IB USA D. FBI. Yes. But to be behind how we asked to be Maha subsection This is dropped in all cases where separation is caused by the woman before consummation, such as her conversion to Islam, apostasy breastfeeding for the fact the same applies if a moment was caused by a defect of the husband's

00:59:19--> 01:00:00

his lack of means or her emancipation or here emancipation. Now we said that if the if the divorce takes place before consummation, she gets one half cried. When does she lose that one half? When does she lose that one half. If the separation came if the separation keep in mind after consummation, the whole matter is incumbent regardless of anything. She will get her mom. Okay. She will get her mom regardless of anything. Now does he have the can he go back and make

01:00:00--> 01:00:13

You know, if she were he was deceived into it, whoever deceived him, you will get promoted from them, you know, not hurt, and so on. unless she's the only deceiver in the whole scenario, then the model may be taken back from her.

01:00:15--> 01:00:22

But, but in general, we're not talking here about African nation because after consummation, she gets the entire Maha in,

01:00:24--> 01:00:42

regardless, but before consummation of the separation was caused by her, when is good separation caused by her, her conversion to Islam should be punished for her conversion to Islam. No, this is not a punishment, but this is justice, if she converts this inherent husband to have

01:00:43--> 01:00:46

designated a martyr for her and he is not Muslim.

01:00:47--> 01:00:51

And now she cannot be his wife. It's not his problem.

01:00:52--> 01:00:54

I mean, it's not her problem, either.

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

But

01:00:57--> 01:01:06

just the fact that, you know, Justice would dictate here that she would not ask him for half of the value. Now,

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

that is a big come and seek our judgment anyway. They come and seek our children.

01:01:15--> 01:01:37

Here conversion to Islam, her apostasy, the same thing. If they were both Muslims, and she apostatize, then she's not entitled to half of the mind. In this case, breastfeeding or the fact if she breastfeed someone, half his family that makes her heart um, for him, then she made herself for her and for him, how could you ask him for half of them?

01:01:38--> 01:01:45

The fact if it was found that that she has a defect of that when wiring separation, and she did not

01:01:47--> 01:02:08

tell about it prior to the contract. The first, the revocation here is a revocation of divorce. So when you revoke a contract, the consequences of the contract are invoked as well, except certain consequences such as the NASA the lineage, but the winning your vote counteracted the consequences of a contract already booked as well.

01:02:09--> 01:02:15

The same applies if the announcement was caused by a defect of her husband's. So why is it?

01:02:17--> 01:02:20

What What if he was the defective?

01:02:21--> 01:02:30

Why is he losing half of the dowry? Because she is the one who asked for the separation. Because of his the fact she is the one

01:02:33--> 01:02:41

because consummation did not happen. So she didn't lose anything. You know, this was just a contract and the contract was been revoked.

01:02:43--> 01:02:50

his lack of means if she demanded separation, because of his lack of means, then she loses, you know,

01:02:53--> 01:03:02

the half of the Bowery core or her emancipation for her emancipation, if she if she was

01:03:03--> 01:03:19

a slave, and he was when she got emancipated. Now she has a choice to stay with him or not, as berry era did. You know, the prophets Allah Southern gave Betty another choice, although the Prophet mediated for her husband,

01:03:20--> 01:03:25

but variera was adamant to separate. So

01:03:26--> 01:03:31

10 movies, I loved her so much, but you know, that sometimes happens.

01:03:35--> 01:03:41

So what happened to here? What would have happened if movies have not actually consummated?

01:03:42--> 01:03:44

The marriage was very,

01:03:45--> 01:04:04

they have consummated I'm saying, if they were only contracted, and she got emancipated, and she decided that she doesn't want them anymore. Should she take half of the market? How come she's the one who wants out of this marriage? She doesn't. So these are cases where she loses half.

01:04:07--> 01:04:14

And I really wish to finish the book of Sadaf today but the time is over and I still have many

01:04:16--> 01:04:18

rulings to cover. So

01:04:20--> 01:04:33

if I had only a few rulings to cover, I would have borrowed like 10 or 15 minutes but I have many rulings to cover so I will just stop here and we will continue to book homestead Arkansas next week could probably other stuff in

01:04:34--> 01:04:35

the kitchen.