Isam Rajab – FIQH 10/19
AI: Summary ©
The conversation covers issues of marriage and the division between men and women. The schools of thought in the United States have different views on force and marriage, and the hierarchy of power is based on the number of people who can be marriage partners and the number of women who can be marriage partners. The complex plot of marriage with Selim is discussed, including the use of "crossing woman" and the importance of finding a happy marriage. The importance of proper legal reasons for marriage is also emphasized.
AI: Summary ©
smarak Monahan Shangri La Casa de la Mulana Samana Slavonic de la vaca to
welcome to the class. Today inshallah we'll continue talking about the issue of marriage. And we've reached
the topic of the types of woman
and regards to marriage scholars divide women to two types
based on the approval or disapproval of the well being of The Guardian, we have women who are version and women who are not version
and why they are divided
to these two types, because again, it depends on the consent.
Because the prophet SAW Selim said
faible hakobyan FCM. In Walia, a fav means
the woman who who is not virgin,
she is more worthy of herself means she can have she can disapprove or approve of the marriage will be crew to seven and the version
her permission is sought. That's what the prophet SAW Selim said.
Based on that Hadith scholars differ, and now here, we are taking the opinion of Imam Shafi Rahim Allah. So based on that,
scholars of the fifth of Shafi school of thought from Shafi,
they say it is permissible for the father to marry his daughter to someone without her consent. If she is what, Virgin if she is virgin? What's the evidence? Again, from the Hadith, how they derived this ruling from the Hadith?
Yes.
Her silence is indication of Yes.
That's not the point.
That's another lesson. But that's not the point here. That's not the evidence. When the prophet SAW Selim started with
the same
with the one who's not version, he said,
She's more worthy of herself means she has or she can approve or disapprove. So they said if she can, that means the other cannot. So who can her father based on that they said her father can marry her even without her consent?
Now again, that's the opinion of Imam Shafi Rahim Allah. Other scholars differentiated whether she's all adult or not, did she reach the age of puberty or not?
Again, you don't have necessarily agree with this opinion. But that's what scholars of human sheffy said. And based on that, actually, sometimes, the contract happens, and the girl herself is not there.
Like the two parents, they go to the court, the groom goes, and they establish the official marriage and then they do the other.
Woman.
Yes, a woman when she was married without her consent. Yeah, but she was pre married already.
Yeah.
It is not. Or it is prohibited for the father to marry his daughter to someone if she was not virgin. There is another term I don't know if it's proper or not to say it but without her consent and reaching the age of puberty.
So if she is
not virgin, then
he has to have
her consent.
No.
Okay.
Now, the next issue
is
the levels of the Wali
But before that, who can force
the girl to marry
based on the method of Imam Shafi who can force her
if she is virgin
Father.
So, is it the Wali
or the Muharram? Or the father or what? there is difference whoever the Wali is,
do you agree?
No, and the Shafi school of thought, and actually all scholars agreed that no one can force the girl. Because if we say the Wali that means, if she has nobody who will become her Wali,
the Sultan or the prince or the Muslim ruler, and here in this country, let's say there is a woman that she has no family. So who will be her family?
The Islamic center or the Imam? Can he force her to marry someone? No, the only one who can force her is the Father.
And why is the father because they say it is?
Exactly, it will, it won't be perceived that he will work against her.
That's why he can force her.
And actually, there are many cases where the girl did not want she refused, but her parents insisted that eventually it was a good marriage. And you may say also, there are other cases otherwise. But anyway, only the father can force it, not anybody. Her uncle cannot force her. Her brother cannot force her.
But her father, her father can't force her. And when we say her father, does that include the grandfather?
Yes,
though some some differentiated but yes, when we say the Father, the father and his father.
Now we move to the levels of the Wali
because there are different people, different guardians.
First, the father,
then
his father,
then
the brother,
then the father's brother, which means the uncle?
Where did they get the sequence from?
Why
the brothers son comes before the uncle
who's closer to you?
Your uncle or
your uncle? Right? But his after your nephew?
What do you think?
What did we get the sequence from?
That's how they inherit.
If the person died, that's the sequence of the inheritance.
And who decided that? That's how they inherit
Allah subhanaw taala.
And when Allah subhanaw taala, divided the shares of inheritance, he said, about okuma of nalco, your parents, your children, you don't know who's more beneficial for you. So we don't know. So this is the division of philosophy manatal. So they took it from there, and they applied it here, because again, those are the relatives. notice one thing here, in this
in this sequence, all of them are what?
related to the Father. Why? Because they carry the same name. They tell you that once a woman is married, she will affect the entire family. And those are the ones who will care for her who care for the family.
Maybe nowadays, things changed a lot, but that was essentially how it was
determined.
So these are the levels of the valley.
Now, another important issue. If the valley is refused to marry
the girl
to a suitable person to a suitor.
Then what happens?
What will happen?
Yes.
Again, remember we said
a suitor, a suitor necessitates that he is what?
He's What?
He is qualified. So she has valid reason to marry him.
guardianship goes to the ruler. What about the people in the list?
Are they think it goes to the next enlist? Right?
know
if the father refused
for not for a valid reason it goes to the Imam. Here this sequence when
the father does not exist,
but not for that reason if he refused, because why? Now again, some scholars said it goes to the next
enlist. If the father refused, most likely the rest will refuse also.
Yeah.
So if the
Yeah, so if the guardianship or the Willie if the father
is removed, then it goes to the soupon the Muslim ruler,
or whoever in his position
Are you taking from your
brains? No.
Okay.
Now
we are moving to another issue,
the forbidden woman.
Now, let's say,
yes, marriage is recommended. And you can marry a woman and you have to approve or to get the willies approval. But which woman can you marry?
There are 14 women who are forbidden on the husband to marry.
We will see
there are 14 or more.
Seven of them are forbidden forever.
Which means you cannot marry them forever.
And
those seven
based on the blood relations, and that's why they are forbidden forever. Because you cannot change the blood relations. You cannot change
this relative so it is there forever. The first one is the mother.
Can you marry your mother?
Of course, this is a map.
Now let's say someone came and said Why Why not?
What do you say?
Yeah.
You were breastfed by your mother? Yes.
Well, again, that's the thing. People 50 years ago, they used to say to same * marriage. And now they are trying to legalize it. We don't know people are degenerating, maybe after 5060 years, you will find some people would say why not? That's why it's important not to listen to any
suspicion to refute.
Because there are things that are clear. We don't care. Allah subhanaw taala mentioned in the Quran after the people of the mushrikeen after they argued with the Muslims, about the dead animal why they don't eat it. Allah subhanaw taala told them well enough optimum in economics.
That's it, do not eat from it. And if you obey them you are
you are just like them committing shark.
You wanted to say something?
Yeah, so that's the main reason every time because Allah said so. So it is forbidden to marry the mother and this is forever.
Next, the doctor.
What about the doctor's daughter?
It is already implied. If you cannot marry your daughter, you cannot marry your granddaughter also.
Then the sister
then the aunt
and we have the aunt from the Father side and the mother's side.
Your father's sister and your mother's sister.
Then you have your niece, the brother's daughter,
and the sisters daughter.
So how many now we have
six or 772 months?
Or you could say five briefly and seven in details,
the nice and the answer twice.
Then we have two are forbidden forever also, but not because of blood relations. It is because of what? breastfeeding because of nursing.
We have the nursing mother,
a woman who breastfed you can you marry her? She's not your mother. Still, she breastfed you. She's your foster mother
and your foster sister.
What about the children?
Let's say
this woman who breastfed you? She breastfed another woman. So that woman is what do you?
She's your foster sister, right?
Can you marry her daughter?
The daughter of your foster sister? Can you marry her? Why?
What's
your sister's daughter? But she is not from your real sister. She is your foster sister. Still? Professor Salim said Dr. Mommy Narada. my alma mater, whatever is forbidden because of the blood relations is forbidden because of breastfeeding.
That's what the prophet SAW, Selim said. So now we have seven and two. What's the total?
Nine so far?
Then we have four are forbidden also forever. But because of
marriage, those are the in laws. And they are forbidden forever.
The first one?
The mother in law,
the mother of the wife?
Can you marry your mother in law?
What if you divorce your wife?
Never. Even if she's beautiful.
She will never be beautiful. She's.
Yeah, my mother in law also is good.
So never. This is the first woman
the second woman
your wife's daughter, or your stepdaughter? Can you marry her?
What if you divorce your wife?
She was married to another person.
And she had the daughter from that person.
Now you married her. You married the wife. And she already has a daughter. But you divorce the wife? So she's not anymore. Your wife? Can't you marry her daughter?
Some allowance? No.
You Yeah. We were talking about marriage. We'll go to these details later maybe next year in the next level. But now there is marriage.
So this is the second. The second woman is forbidden forever.
The third woman is the father's wife.
The stepmother.
Your father married a woman. And then he divorced her. Can you marry her? No, never.
What
Yeah.
Yeah to kill the person who did it when you think that it is permissible or you make it Helen,
the last woman,
the sons wife,
she's also forbidden forever. If your son married a woman, and he divorced her, you cannot marry her forever.
Those woman cannot marry them forever.
Yeah, that's again we said they're not Obama, because of the
so how many women do we have?
13
we have three more.
But those are forbidden temporarily.
Yeah, the wife, sister.
And the wives aren't.
You married a woman
and you wanted to have another wife at the same time? Can you marry a second woman?
Which is going to be your wife's aunt?
No, you cannot. The prophet SAW Selim forbade that.
Now this is not from the Quran, this is from the Sunnah of the messenger Salim, but it is agreed by all scholars.
All scholars agreed on that.
If this is his man, because the prophet SAW Selim forbade marrying the woman and her aunt,
whether she's
father sister or her mother sister
is a hair online.
Okay, that's what your hair made. It is nice.
The maharam three.
So let's see. This is the guy, the poor guy who's getting married.
And the green
is the permissible woman to get married to. Actually Can you push it a little bit? Push the projector a little bit? So it's on
the board?
Yes. No, no that way.
Yes, that's enough.
So now he says everything in red. You cannot marry everything in red.
Everything in green, you can marry.
And the yellow
is forbidden temporarily.
Is he there?
Can you explain a little bit? Why? Like the green here? The SR number 23.
Was she
now here I like it. It's really a nice project. Because it's creative one. Now this is the wife. And this is her sister. Can you marry her sister?
No. Sure. So she is temporarily forbidden.
And this is the size of the of the wife. Can you marry
the wife's mom? Which is your mother in law? Impossible forever. Can you marry your wife's aunt? No, she's forbidden temporarily. Because if you divorce the wife You can you can marry her.
Then we go down
his daughter he cannot marry his daughter. He cannot marry his son's daughter. He cannot marry his wife's daughter.
It is nice. Now I want you to explain again number 20 and number 23. Because number 20. The accused
What do you mean by accused?
If he accused his wife of fornication, she's forbidden forever. He cannot marry here. After they do the Leon. I think it will come with us inshallah. She's forbidden forever. So it should be red here. It should not be yellow.
That's what I had question. But it is nice. And I don't know why. ex wife is forbidden temporarily.
Maybe you mean because
no, maybe she's out of the eight. That's right. You cannot marry her unless there is another country.
attract during the day you can return her. But after the either you cannot there has to be a new marriage.
And if it was the third divorce also, it's impossible
until she marries another person.
Yeah, that's good. I believe this is good if it was developed a little bit more, I mean, it could be published in
everywhere inshallah.
Yeah.
We're looking forward to more projects like that from a student's
next issue is the mark after the well, he comes to the mark.
And what's the
what's the definition of Mark?
Any gift, any gifts? Within?
Didn't you give your wife gifts when you were engaged? Is that more?
Is that more? So you don't say any gift? Yes.
Something that stipulated in the contract that the husband will give to
the wife.
Yeah. Now, you mentioned anything that is stipulated in the contract. Now, she may ask something more than the matter. And it could be written in the contract. So your term? Yeah, your term is broader than the matter itself.
You need to mention this is bait or this is given. And, and what's in return?
No, she gave him she became his wife. Exactly. So otherwise, that's what you need to mention.
So I leave it to you find a suitable definition format. In Arabic, it's clear.
What's the definition of
how much
should the husband pay?
sky's the limit or otherwise, actually should pay me to accept? accept you as why
isn't that what they do in India?
So hon Allah some Muslims do that.
Which which country tell me?
Even Muslims, they do that.
So Pamela,
so how much is the Maha
from as little as?
Is there a limit? There's no limit? There's no limit for the minimum or maximum. There is no limit.
What if they agreed on nothing?
No, why?
There must be something
is nothing something or not?
There has to be more. There has to be more.
Yeah. And then the man stood up and he wanted to marry her.
Yeah, but he gives something that's an evidence that there has to be something
there has to be something.
What if it was not money? Is it permissible that damar is not money?
What's the evidence?
Yes, the prophet SAW Selim asked the man when he wanted to marry her. He did not have anything he asked him he could not have anything until he told him.
The Watchtower cabin amarkantak run. I married her to you for what you have of the means that Quran was the man. So it is permissible for the woman
to marry someone for a benefit instead of money.
So if a person told a woman I will marry you and I will make your mother is
going for Amara, is that valid Maha.
Of course it is.
But what's the best
50,000
what's the best amount should be in mind?
what's easy?
What is low actually also?
hierarchy cyber Catan is our ohana. ohana.
What was the mother of the wife of the daughters of the messenger science?
The highest the highest Mark was 400. Durham's,
do you know what is 400? Durham's?
400 grams of silver, what's the nisab of
of zakka in silver
595 grams earlier it used to be what
200 grams. So, the 595 grams is worth of 200 Durham's. So, if we say 400 Durham's is what
1200 grams of silver, how much is 1200 grams of silver,
one kilogram of silver,
how much
it is approximately $500 or so,
who accepts nowadays this model
it is tragic lie it is tragic, one of the problems that we are facing nowadays as Muslims
here and in the Muslim world. And that's seen more there. When you see real poor people who are unable to get married.
One of the problems that the Maha is so high, you want something lawful you want to get married,
pleasing Allah subhanaw taala. And you cannot, but if you want it to fornicate, it is cheap, it is free.
That's one of the problems.
What at the time of the messenger silent marriage was very easy. It was very easy.
And why now we have very expensive model. Because we don't have correct or strong email.
Who you are to ask more than what the prophet SAW Selim chose for his daughters. Fatima, the daughter of the messenger Selim, the wife of allier of their loved one, what was her ma? Few things, if you collect all of them, they are maybe less than $100. Less than that, much less than that.
And nowadays, that's the problem that we have. You want to get married, you have all these lists. But here's the thing, you want to disobey Allah subhanaw taala, it's very easy. While at the time of the messenger Salaam, disobeying Allah was very difficult. It was very difficult to fornicate. And it was very easy to get married.
It is recommended to mention the amount of
before nikka
digits we say Mario's condition, is it a condition or recommendation?
conditions? So what do we mean by that?
specifying them are exactly which means husband and wife. They can get married without specifying what exactly is the model. But they agreed that there is a model.
Yes.
Yeah, yeah. Here's the thing because it happens. It happens that they don't at the beginning, everyone loved each other. They forgot everything. I don't want anything. I just want you and then when the moment of reality comes, they want the money, the money.
And now there is a dispute. What's sufficient, what's fair.
What will happen here?
If the model was not specified,
it won't be a valid contract. Why? It is a valid contract. There was more but it was not specified.
Yeah, but again, the contract is valid. They agreed on more but they did not specify
what's going on.
I have seen my house. I've written contracts. The highest I wrote was $100,000.
Yeah, and actually I was, I regretted writing it, but it was like writing nothing because even the the husband, he told me, my wife Forgive me already. So
it was this her father, he wanted to show people he wanted to show off that, look, that's the motto of my daughter.
That's the problem. They think that this is the value if you write something like that, that's the value of your data. What if the person cannot afford
you pay what you can afford? You don't pay the value. That's the follow.
And I wrote 4000 I wrote, I mean, it was
the lowest I wrote. Actually, there was a contract I did not write I will it was just verbal. And it was I think it was a necklace.
It was only a necklace.
Yes.
So harmala. Yeah.
Exactly. I mean, this is the thing, what if you are given, what if you are given $2 million, and you did not have a happy marriage life?
So
so you want to get rid of that person.
But once you love someone, then the money is not the issue. Yes, if you can afford, why not but the problem when people cannot afford and they want to get married and they complain.
And people themselves say, Yes, we want Islam, but once it comes to marriage, no, please not in this thing. We don't want to apply. So now here. They don't say it. But that's what they do.
We are equals We are brothers, but when it comes to marriage, no. It has to be from the same family. We are equal. We are brothers and sisters. But when it comes to marriage, that's how much they should pay. We want to follow the Sunnah, but not in this thing.
So if the man was not mentioned,
what should they do? Divorce?
His words or her words? Now they are married already?
Yes.
Was the problem they did not agree.
Because after marriage, if they agreed, she said, 5000. I want 5000. And he said, Yes. Dundee.
what's reasonable? That's the thing. what's reasonable?
How How? You as a judge how you determine this is reasonable. And this is not reasonable. Yes.
He was very poor. But she loved him. And she is very rich.
Or is the opposite is very rich, and she's very poor.
He doesn't want to give anything if he can get away without even paying $1 he will do.
Yeah, so $1.
What you need, you need the rule, you need the rule.
You take her word, that's good, then no woman will will specify the mother.
After marriage, it increases every problem happens.
So what do you do? That's,
scholars say she deserves metal metal? What's metal metal?
The similar matter?
What again, what do you mean by similar mom, the mother of her female relatives.
We don't look at him at the person himself. Because again, he may be very rich or he may be very poor, but she, she's from this family. So the status in her family is what?
her sisters, her cousins when they were got married, how much they were paid, how much their mother was. So that's what she deserves.
What if
there was engagement, and they agreed on the model
which was $100,000.
But for some reason or another, the marriage did not proceed. And they were divorced. They establish the contract but
There was no
interaction physical interaction between the husband and the wife.
Should he pay the $100,000?
It gives her a gift. And he says
yes.
He's not obligated to give her that model. But remember, once the marriage contract is established, it is marriage.
And then the physical seclusion between themselves mating, that's additional thing. So once they are divorced, they are considered divorced.
Though she is still not touched,
and he did not have any
sexual relation with her. So he doesn't pay anything. Or he pays something or he pays the entire month.
What is something this is the thing? Yes.
It depends on who breaks the contract.
Think about it. I'll give you the answer next week in Sham
because, again, when we mentioned the rulings, we want,
General ruling.
We'll stop here inshallah. Is there any question about the matter or about the
students online? They had many questions about the Wali
and why he can force her and is this nowadays applicable or not?
Yes.
Your foster daughters,
sister.
Okay, here's the thing.
They say in a puzzle.
A man married his brother to his sister.
While you were laughing That's true.
A man married his brother to his sister.
could that happen?
How?
Sister in Islam.
What?
It's a circle.
She's a sister in Islam, but also she's his sister.
Know the man, the man. He married his brother to his sister.
to different mothers, but if it's the same father, they cannot make
the difference different fathers. So it is the same mother
to different fathers and mothers that
they are not related and there is not. She's not his.
His sister.
I should have kept this to the exam.
Foster siblings. He is his real brother and she is his foster sister. So to me, she is my sister. Because we together we were breastfed from the same
woman but my brother he has nothing to do with this woman. They are not related. The relation threw me throw the brother. So this anther they can get married.
A man married his brothers to his sister.
So what was the question again?
Doctors Foster.
So someone
No, no, I want to analyze it because even in Arabic, sometimes it is difficult I need to someone has a daughter she is not his real daughter. She is she was nursed by his wife.
Right? That's the foster daughter. It cannot be other way. So she was nursed by his wife. So she's his daughter, her sister, the sister of his daughter.
No, wait.
I need to think about it. I'm not sure.
Yes.
No, of course not. His foster daughter you cannot impossible.
Yeah, foster means nursing, not like what they say hear foster means. She grew up in the family. Yeah.
I think she cannot marry her. He cannot marry her based on the Hadith. But I need to double check. I'm not sure.
Yes, there's a situation where the sister and the brother, they each have their own house. But she has a girl who has a boy, they wanted to get married. But because they could figure out how they would raise the children in the house together, they decided not to get married. So now he's married to someone else. And she's still saying that because she has a daughter. They were at the age where the daughter
is nine. His son is nine. So they can figure out how they will be raised. And if they would be able to cover up they have an older brother and sister relationship. So there was no marriage.
Again,
okay, because, well, actually, let's, if it's real question, then I need to think about it. Let's leave it if it's not, then we don't need even to discuss it.
But if it's real question, I'll answer it. Give it to me and I will I will say yes.
Brothers in laws.
No, no, they are not because if you if you are divorced, can you marry them?
Yes. They are not Muslims.
is the brother in law? Muharram? Of course not. So how come is his sons are moms?
Another question?
23 I wanted the
Can you show us 23 on the chart, please. Or I can show it right.
I wanted Zuhair
2323 is the sister of let's see.
Yeah, the sister of the father's daughter.
So if your father has a daughter from another woman, you cannot marry her because she's still your, your.
Your stepsister? But if she has a sister
from another father, so now it is totally stranger from you.
So you can marry her?
Or no, she's here. She's the foster sister. Number 23. I think she's the foster sister.
The foster daughters sister.
Okay, that's the example you you were talking about.
Yeah, that's correct. You can marry her?
That's correct. You're not related to her. You're related to her sister.
Yeah. If that's the question you're asking about? That's correct. What's mentioned here is correct. You can marry her.
But here in the chart, you need to look at the foster daughter
as your foster sister
because you will nurse from the same woman.
So her sister is not related to you anyway. in any way. She's not related to you
She's only the daughter of your foster mother.
Oh, no, no, she's
the daughter of your foster mother. You cannot marry her. But she's this sister.
So you can marry her?
Is it confusing? I'm sorry.
Yeah, nowadays it doesn't happen that much. Nowadays. I mean,
very rare.
My mother
brothers.
Yeah.
Yeah.
Any other questions? But again, this is correct here. It is correct.