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Marriage 05 Conditions For A Valid Marriage Contract Part 1

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Karim Abuzaid

Channel: Karim Abuzaid

Series:

Episode Notes

Episode Transcript

© No part of this transcript may be copied or referenced or transmitted in any way whatsoever. Transcripts are auto-generated and thus will be be inaccurate. We are working on a system to allow volunteers to edit transcripts in a controlled system.


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nl hamdulillah

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Mata who want to start you know who want to start

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when we learn him in sharoni fusina woman say Dr. Molina Maja de la who follow mobile Allah,

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woman, your fellow, the Ala

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Wai shadow

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Lama wahoo luxury Gala.

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Mohammedan, Abdo who are solo brothers and sisters in Islam Assalamu alaykum warahmatullahi wabarakatuh.

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This is our series love, marriage and divorce.

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And again, I stress the name is fancy, but we are talking about

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how to put together

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a functioning family from the get go

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and how to make it function.

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So far, we covered the first

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piece of the puzzle, which is choosing the right spouse

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and proposing to the family

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and what you can do and what you cannot do during the proposal leadership by me. And we covered this hamdulillah in the last four episodes, four lectures, this is the fifth lecture actually. So this is lecture number five. So with it, we'll begin talking about the marriage contract.

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Something that I think I neglected and I should have brought it into the picture

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when you propose or before you propose, and what reminded me with it is before you actually make the commitment, meaning you actually go into the marriage contract,

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all of these are means that you must use these are your means. But I call upon every brother and every sister who are about

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to get into the process, whether by proposing or whether by actually making a commitment by having an E calf or a marriage contract. Not to do so without praying salata listhub

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in the loss of Hannah, what Allah knows the unseen Yes, you did your best. You checked the man the faith of the woman. You checked her family, you checked her background. And also this applies to the sisters. The fact that they checked,

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copy the fiance and they checked his background. But yet don't take a decision regarding proposing or the sister accepting the marriage proposal. All regarding going into the Nika meaning the marriage contract or the sister also the value

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of the sister accepting to go into the marriage contract without praying Salatu listhub

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Nabi sallallahu alayhi wa sallam Cana haka jabiru Abdullah or the Allahumma Buhari color in Rasulullah sallallahu alayhi wa sallam Can you aluminum is the Horta physically ambreen he used to teach us to pray list horror on every matter.

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In every decision that you're about to take,

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what about such a decision you're about to get someone who will be sleeping in the same bed with you?

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Who will be sharing your home?

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Who will be now having an eye over your private lives, no secrets from her or from him anymore? Shouldn't you then ask Allah Subhana Allah to help you make a decision in this regard

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for solitude

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is so important. And maybe like the other end, maybe we can teach it later.

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Insha Allah because our lecture is wealthy today, but very quickly you pray to Allah cause do

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you pray for a cause that are not basically at the expense of a mandatory Salah.

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This Torah karrakatta you play ball for example, and you play the sun after the tour occurs. Then you can play Solitaire is the hub

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to ruckus short you recite wherever you want to recite in them then comes in that while is the horror after it asleep after you say salam aleikum wa rahmatullah Salah Salam aleikum wa rahmatullah. Suma. torrified as you raise your hand Allahumma inni as

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well as Dr. DeLuca rhotic, was educated in fog Lika laveen in NACA, Doc

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what Allah wha wha, wha?

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Oh Allah, I'm asking you to help me to make a decision. Because of your knowledge. We know that knowledge of Allah subhana wa Taala is beyond now. And here.

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Allah knows what will happen in the future. Allah knows what happens outside this building. So I'm seeking help in your knowledge or Allah, and in your power and might was rhotic and I'm asking you of your great boundaries was loving, because you're able and I'm unable, you know, and I don't know how can you show humility and humbleness to Allah subhanho wa Taala. Then you need you say in Ghana had an amaura if this matter what to send me a new name as Mary, so and so.

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Men or women higher? Ed is good for me once it comes to my religion. Remember, at the end of the day, you want a sister You want a spouse who will help you to make it two gentlemen. Hi, Laura Leigh. Leigh, and my family were Maddie. And my Wolf, we're after Betty Emery and the future of my livelihood.

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The need and the faraway future for

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Europe. ordain it for me make it easy for me. Not that I marry the sister. In spite of all these problems.

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Why a service fee make it easier on me. We're in Ghana had a number and if this matters,

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and you name it, marrying the sister or marrying the brother and you name the brother and you name the sister, Shirley evil fidi it will corrupt my religion. This woman this man will corrupt my Deen Shara Li ve Dini Whalley and my family will spoil my relationship with my mother with my father. One family and my wealth was at Emory and the future my my future actually he was really near and far away for

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me

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make Europe go away was refinance and make me up don't think about it.

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Sir if one knee was riff was written on what to do lel higher hyphema and ordain for me what is good for me are up, but here it is. Sumeragi they make me pleased with that which you are Dean for me, and this is what matters at the end of the day. I thought we're gonna defend it, but we ended up saying it. So we're done with this. For you.

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Yeah.

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In order for your marriage to be successful, you know, when you put your hand, I'm sorry, when you sit in front of the Imam who put you together, husband and wife. He tells you, you're marrying so and so according to the book of Allah, Allah, Allah.

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Allah, Sunita, rasulillah and according to the Sunnah of the Messenger of Allah. Make sure that you establish the marriage contract according to the Quran and the Sunnah. A lot of Muslims, they end up being unmarried while they are living together because they have not fulfilled the conditions, the duties and the pillars of the marriage contract.

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And this is the subject of this lecture. And I can tell you right now, possibly the next lecture insha Allah. But like I mentioned,

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the marriage contract has pillars,

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has duties has conditions, and this is what we want to cover today. But very quickly, the parallels are to

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the pillars of the marriage contract, or to what is the meaning of a pillar to begin with? Our ruku Who am I can a female hear the shame?

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What are you trying to say?

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a pillar is what's built in the act, and the act doesn't exist without it.

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So, a pillar is way within the act inside the Act.

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The two pillars le jab Welcome to

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the valley after the husband proposes

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and tells him that I'm interested in marrying your daughter. And when he says the watch took and cash took

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i given her to you in marriage.

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Heather,

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a jab.

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The husband has to accept and he says cuddle.

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cuddle Tunica. cuddle to zawada those are the two pillars.

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Easy.

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I accepted her marriage and so forth.

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The marriage contract has a duty and one duty only.

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Alma the Dory. The Cody law Allah subhana wa tada says we'll add to Nisa, Sato cartina. Nayla

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give the women the sada Dharma nella and we'll talk about the ruling regarding and we'll detail this I'm just giving you the structure of the lecture and possibly the next lecture inshallah. So, one duty, which is what Alma two pillars, which is what

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I'm proposing and accepting a jab and

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our kabuli both are correct.

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The marriage contract has six pillars that must be I'm sorry, six conditions that must be fulfilled for it to be valid.

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Six conditions and that is where the play is

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where people play around it.

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Some other books have, by the way, you will find the Judas mentioning seven and some others will say five, some others will say four. But all of them go around these six which I will share with you.

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Number one, condition number one, di D Nozomi. Jane,

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identifying clearly the husband and the wife.

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Imagine I have two daughters.

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And then I tell you, that was

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I given you my daughter in marriage.

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And then you come and say okay, that's good, too. I accepted and then I bring you the ugly one.

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No, that's not

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the IE you must say though was Toka who

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was the hula can be cruel ah. Rashid,

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you must identify and inshallah we'll go over this. I'm just summing up. Number two, the acceptance of the women.

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That's a condition you cannot force a woman to marriage into marriage. Nabi sallallahu, alayhi wa sallam Allah danika

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he invalidated

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a marriage contract because the father forced the daughter into marriage, and we'll talk about this in Sharla. So that's to number three, Al Wiley.

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And that's where the Joe that's where the oma

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lanica de

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The Guardian, the father and we'll talk about who's

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Don't worry I will detail this in Sharla but I'm telling you that's where a lot of play is. The sister goes to the brother Okay, let's go get married get a piece of paper write it down what is

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a human rockin NACA hotness

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minha de Fenix fennica Bob Dylan, Bob Dylan Bothell, any woman who gives herself in marriage without the permission of her family, her marriage is invalid one invalid two invalid three.

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How many Muslim women now are committing adultery? Because she walked on her father

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and will detail this inshallah so that's what so what was number one condition number one is what?

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identifying the spouse, the wife in particular number two, acceptance she must accept to get married.

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Whether she is big or fail whether she is a virgin or not. Jani is a woman who got married before or she's a widow whether she's divorced or widowed number three actually

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number three is what actually number four as to who

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witnesses of adding fee restriction show that

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shoo good character. The brother come Africa Mashallah. Mashallah, we're getting married

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just bear with

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us the shirt

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you bear with this into adultery? What is the valley

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Hmm So the brother goes into college and then he gets his his dudes around come bear witness. I'm getting ready to write a piece of paper we're married. Share who they are.

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And we'll talk about by the way there are conditions for the valley there are conditions for the

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number what five

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you must announce this marriage

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You must announce it in the community.

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These days is secret marriages especially easy to see a brother going from the silly mikata mean that you know there is always a steals at the at the back side of the building. And you find somebody wearing nice suit Jonathan UI We are the shakshuka

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Sharpies really prestigious guy and he's going from the backstairs Yeah, he

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was buried in secret secret film colnaghi. Now Sophia, come here. This is Sophia, my wife.

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This is Sophia, my wife married in secret What secret you must announce this to the community. Number six, in defense will now

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any obstacle which can hinder

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the spouses from being together?

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It cannot be here and I'm talking about Elena Harris. She cannot be your mother. She cannot be your daughter. She cannot be your sister. And we'll talk about the women whom you cannot get married to because they are with her mahad and because of her lineage because of blood because of breastfeeding or others will detail this inshallah but I want to say that these are the conditions six conditions. The addition there the compatibility and that the husband and wife must be compatible but saddle Umbreon Jani de novo Walla Walla, Massimo

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lonavala,

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Yamanaka severely unhappy,

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he had a mobile, but I really do see the condition, myself my humble opinion in chroma komenda law here at Qualcomm, and as long as the man and the woman are in agreement, whether she is a president that he is a janitor, and they want to be together. That's their business. They must they should, I mean, if they agreed with us, that's their business. These are the conditions. Look brothers and sisters in Islam. These conditions have to be fulfilled for wisdom.

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And I'm telling you for wisdom, because what happens, there are consequences.

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that results from the marriage contract.

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You know, when you go grab a sister, fulfill these conditions fulfill that pillar, fulfill the duty of the marriage contract, there are consequences. Now, you can sleep with her she can sleep with you have intimacy

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relationship is the lateral force. This is a result of the marriage contract. So how do you go into a woman without fulfilling these conditions? Shame, this is adultery, you've committed adultery, the marriage contract is invalid.

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This woman is gonna have to stay in your house. Make sure that the contract is correct. You have to provide for her housing, clothing, and

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food as a result of the marriage contract, guess what? If you're going to have children, these children wouldn't be named after you. Come on. These are results of a marriage contract. So how can you neglect the conditions? How can you play around it? When these are the consequences? brothers and sisters in Islam, in the Masai Mara, this person becomes your law, you cannot marry her mother, for example, you cannot marry her sister, for example, you cannot marry her and for example, Carla mother's side and father's side, because of what because of the marriage contract and masaharu.

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inheritance, inheritance if you die, this woman takes

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her thumb, if you don't have what

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if you if you have children, she gets swapped one eighth if you don't have children, one fourth quarter of your inheritance. Now a sister goes and marries a brother in secret. And then what happens if when he dies? She comes and says I was married to him. What do you mean what happened? You should have? What do you mean marriage one of the condition of the marriage contract is to be

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announced people must know about it. You cannot just do it in secret if you want your rights afterwards. And of course, other things. Brothers and sisters in Islam.

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negligence of marriage contracts, there are duties

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that the duties of the marriage contract negligence of the conditions of the marriage contract, negligence of the pillars of the marriage contracts, lead to unlawful marriages.

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unlawful marriages,

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such as What secret marriage there's something called you call it secret marriage.

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Secrets marriages missing what

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Alloway announcement what is the announcement? What do you mean secret marriage is a movie and sometimes they call it what is the origin or fee?

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This thing is so famous.

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We have something called also.

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For example,

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what is the origin motto accepted, accepted by people who can call themselves Muslims? Oh, what is the origin Mata? That you go you come to Denver? You're going to spend the week in Denver? Sister can we get married for a week?

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Basically, can we commit adultery for a week?

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What is wrong with this marriage contract, even if you fulfill that with this and everything, it's time marriages, it's timed. You cannot go into marriage without having the with the intention that it's temporary. And that goes also to the brothers who go into marriages in America and they get married to the sisters because to get the green card and in his mind

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divorce get the paper

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dismiss mind farm invalid you cannot go into the marriage with an intention that this marriage is not to have a home is not to have a house is not to have a family is not to have children you can't you invalidate the marriage and other marriages you only have other marriages

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nikka Shiva inshallah we'll get into those big time. But before we we go into inshallah, this and we'll come back to it, let's talk very quickly about the pillars

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the duty and the conditions of the marriage contract in details.

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We mentioned there are two pillars which is what those are easy to explain. This is basically the final output of the whole process. You call the map or the shape.

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When someone

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says called map,

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I would like to get married. Hello so you can be in front of this person. And basically, you there is a different format for it. And truly the

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Judas regard default regarding which one should come first, but here is the most

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accurate and close to the sooner format. The first one says Alhamdulillah wa Salatu was Salam. He begins with breathing Allah subhanaw taala Alhamdulillah wa Salatu was Salam ala rasulillah washa to Allah Allah illallah wa Jalla wa shawanda Mohammed Abu rasuluh another the English the How to LA tada I have three this the hora Aliza G to marry me more ki Latika from the woman who's under you who is under your guardianship and you name her. So and so that Daughter of so and so.

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And if he has other daughters who have the same name nickname, you say the tone one, the short one,

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the beautiful one, the not very beautiful one.

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You identify her. So and So Allah kita Villa, according to the book of Allah wa Neti rasulillah and according to the Sunnah of the Messenger of Allah wa sada and according to the agreed upon Sadat dowry, which we agreed upon. So, basically the the spouse here or the husband has basically showed interest interest to the

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guardian of the women that he would like to marry the woman under his guardianship. Of course, some cultures they put Yani, you find them putting hands like this so bad including madman deal hanky on the top. Yeah.

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What is this? Will you bring this from

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some cultures you find them doing like this handshake and

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there is no need for it yet. If the Imam does the contract without all of this, it's valid. It's a valid contract. Now, the father or the guardian of the woman says

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kaabil to have our our cool oh kaabil to I have accepted that. I forgot to say something, I forgot to say something very important here. As soon as the person finishes basically showing the interest, basically says in his the heart of La da da, da, da da I have prayed is the harder to marry the woman under your guardianship, whose name is Sue and so yeah, and he used to have he must say, lean SC Linux see Linux see.

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I'm marrying her too,

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because he could have an intention that he is marrying her to give her a marriage to work to somebody else. The NFC NFC NFC to myself to myself to myself, then the father, or the Guardian says kaabil to zoa jakka I have accepted your marriage proposal, more kilotons from the woman who's under more guardianship under my guardianship and you name her so and so Araki tabula

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rasa Lila, who Allah sada Bina according to the book of Allah, the Messenger of Allah and according to the agreed upon dowry, then the husband says kaabil to kaabil to kaabil to I have accepted I have accepted I have accepted, of course, mean as soon as it is as soon as that the Imam must verify again, when he asked her daughter again, she wants that marriage now or she changed her mind.

00:28:46--> 00:28:51

Now, before we go, because with this, she is his wife,

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you authority over your daughter officially have been transferred from you to him.

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If the husband now commands her to do something, and you command her to do something, she is obliged to obey her husband, not you.

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Make sure that she is what are you sure you want to do this? Let me go and ask my daughter again. The marriage he will show you every day of the wedding and everything. And she probably waiting you never know.

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Are you sure about this? You want to do this? My daughter? You want to do this? Oh, no. Yes, I want to do it. Then we're gonna do cobble cobble cobble with this. The two pillars are what our full field.

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Let's come to the one duty of the marriage contract which is the Dory.

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Now the question is why?

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It is not or is it? Not? Isn't it a pillar or a condition?

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Why? Why did we label it to be a duty our gb alameen wa de Baca nica

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Because quite frankly the contract could pass without it.

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If you have a marriage contract Eonni basically which is been established and you never spoke about the Dow Theory

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you neglected the Dow Theory never been even mentioned in the contract the contract still valid

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but of course you shouldn't do this work intentionally it must happen because of what of a mistake or so. Why total life either look at this, Allah subhana wa tada says, lead una hottie Impala Nisha melon tener su una de la hood necessary.

00:30:54--> 00:31:11

There is no version of you. If you divorce women, you put the kneecap together the up together the marriage contract is already established. And then you divorce her before entering meaning before actually having her

00:31:12--> 00:31:22

Hmm. before having intercourse or you have prescribed for her for either meaning adultery.

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Allah subhanaw taala here is talking about divorce and divorce cannot be based on what but when a valid marriage contract you understand that what they understand the verse why why I'm saying this what he that he can be defective.

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There is a consensus amongst the jurors and who will do if the marriage contract and he will marry a woman Alma does not mention dowry. Fair enough.

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Yet the marriage contract is correct.

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But

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what is the ruling regarding the I'm sorry, the

00:32:01--> 00:32:05

Abu hanifa Elena was chef a

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Lima machete and his school of thought well Hannah Bella and affirmative no humble they do not see that our tree as a pillar of the marriage contract.

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They see it as a completion Macaca mulatta locked in Eman Malik is medically

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nowadays what is a pill? And Malik

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and Malik dowry is a pillar. What is he used the evidence. pole light

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asado party hinda Nicola

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now, number two, the heir to hoonah Ravana 30 gave them their wage their dowry it's mandatory war coronary sola sola sooner the Prophet sallallahu alayhi wa sallam said to one of his companions when he wanted to marry one of the women he said on the wall ohata Man Man Howdy, go and get even a ring out of what made out of iron. Something cheap. So you have to give her something is interesting. Look at this, our jeberti Sherry Otto sada

00:33:18--> 00:33:29

because of this evidence that I just called it the Sharia the law. The Islamic law has mandated me it was that at every field

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in every marriage, ever har Alicia field Mahal to show the preciousness of your daughter

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Yan How can you give your daughter in marriage without asking that?

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She is she cheap? She's not cheap. But at the same time, don't overdo it.

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Don't sell and buy with it. And that's what happens in a lot of the Muslim world right now. It's very unfortunate and it hinders people from getting married. Yeah.

00:34:02--> 00:34:11

Look at this now work Erica and also lay on Lucozade Xhosa to LHD Rafa Falak Annie akuna vidhana soudha

00:34:13--> 00:34:17

the spouses, they do not have the authority to say we do not want dowry.

00:34:18--> 00:34:30

They understand what I'm saying. The husband for example, cannot say Okay, you know what, I'm not going to give dowry that's invalid. The wife cannot say you know, I love you so much. You're so precious. I don't want that she cannot do this.

00:34:32--> 00:34:33

So it must be

00:34:34--> 00:34:43

in the marriage contract and the evidence is these three verses or pieces of verses which I mentioned were to Nyssa Casa de facto una

00:34:46--> 00:34:59

una una vida, de la la sala commandment Hadid. All of these are evidence that this is mandatory. Well, Abu yaku what to what is this? Give What is this? What kind

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

verb is this

00:35:02--> 00:35:45

what? While astrophys emri a loop and by default when there is a verb which commands it is mandatory Elijah at Purina serif, who mineral would you be elaborate unless you have a restriction here and there, but there is nothing in the sooner which can drive that command away to being recommended or to being okay without a shadow The important thing and Mahara wedgie wouldn't mean when YG Betty nica, and it should not be omitted should not be passed over just like that. You have to pay attention to this. Now, the ruling here should we write it in the marriage contract or not?

00:35:46--> 00:36:17

Ideally, we should Why? Because you never know. You never know what's gonna happen you agree to $10,000 or $20,000 Don't worry in advance so much. Later on so much in the future so much write it down in the marriage contract. Why? What happened if he goes in a year or two and divorces so it's mentioned were in the marriage contract also to dismiss the fact that the woman is giving herself in marriage as a gift.

00:36:19--> 00:36:19

If

00:36:25--> 00:36:54

you know what the Kappa is, Mama mina nafsa Helen Navy ad in Aradhana Vu and yes, thank you ha ha Lisa 10 lakh and into the mini palace of Allah can do that a woman comes to a man says we'll have to kind of see, I'm giving myself to you as a gift. This is not valid, this nigga is invalid because only the Prophet sallallahu wasallam is entitled to this. That's why Allah says

00:36:56--> 00:36:57

like, I mean dude.

00:36:58--> 00:37:19

This does not apply to the believers, this is only for you, O Messenger of Allah, one of the particulars of the Prophet sallallahu wasallam that a woman can do this, but if the women if the marriage contract is established, and there is no doubt worry, so it sounds like though actually, it looks like this type of marriage, which is what the women is really giving herself as a gift to

00:37:22--> 00:37:25

me tonight What are we are we together

00:37:27--> 00:37:42

the woman is giving herself as a gift correct? But if you write this down in the contract, this will even dismiss the notion that is why it is recommended to write it in the marriage contract. Okay, let's go into condition number one.

00:37:44--> 00:38:19

What is the first condition for the marriage contract, both the bride and the groom must be clearly identified, whether by stating the names or the description, whatever it is, the words do care, I am giving you my daughter, so and so the young, the Virgin, so and so in marriage and Vic's are received in marriage. And he says what?

00:38:20--> 00:38:27

I have accepted or I am proposing to marry your daughter for me, for me for me.

00:38:29--> 00:38:33

This dismisses what any future what

00:38:35--> 00:38:35

is

00:38:37--> 00:38:45

the righteous man when he wanted to give a new UI to an aka Natalia. Hey

00:38:47--> 00:39:04

I want you to get married to one of those two girls those two girls Yeah, the other girls by the way. Yeah. And you got to be Sierra good with FCS books if the FCC says that he had other girls other daughters, but I want those two. I want you to choose from those two because said numbers so both of them.

00:39:05--> 00:39:11

Fattah IE condition number one, the IE Xhosa II know

00:39:12--> 00:39:16

you must identify the bride and the groom.

00:39:18--> 00:39:33

condition number two, the acceptance of the wife, the women in particular because the man is the one who's initiating he's the one who's proposing so there is no enforcement here but the only possibility for

00:39:34--> 00:39:53

enforcement or foul play in the in the marriage is being the daughter being or the woman being forced into marriage. coronaries sallallahu alayhi wa sallam Abu hurayrah sorry hi lair tune careful aim to start more

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

carefully

00:39:56--> 00:39:59

to stay then Sacagawea rasulillah kayfabe News.

00:40:00--> 00:40:02

color and test could

00:40:06--> 00:40:09

a woman who has been married before

00:40:10--> 00:40:16

cannot be given in marriage without her expressing

00:40:17--> 00:40:20

her wishes, verbally.

00:40:21--> 00:40:24

If I am a woman who is widowed

00:40:25--> 00:40:29

widower the right word widowed or

00:40:30--> 00:40:35

divorced her really a favor a woman who has been married before, saying

00:40:37--> 00:40:41

she doesn't matter that Michelle bacala she doesn't have virginity anymore.

00:40:43--> 00:40:59

This woman must say yes, I want to marry him. And the man who bought the marriage if the woman is here, he must hear this from her. That yes I want to married so she must speak out because officially

00:41:01--> 00:41:03

a woman who was virgin

00:41:04--> 00:41:11

she still has to express her wishes. But yadi soprano love the higher the higher

00:41:13--> 00:41:13

quality

00:41:16--> 00:41:17

Arabic

00:41:18--> 00:41:19

lb Sophie

00:41:26--> 00:41:29

Illa now Allah Subhana Allah

00:41:32--> 00:41:37

as if as strange world would you like to be yes, I would like to model home for the

00:41:42--> 00:41:43

female hired as a man

00:41:45--> 00:41:59

to cache model Pfister's PDF What do you mean relative is you millennial internet, millennial Facebook cooldown spoiled our our our thing is higher

00:42:00--> 00:42:02

and higher and higher palooka

00:42:04--> 00:42:05

a man

00:42:06--> 00:42:23

passed at one time by a man Jani who is a little bit high end and Ohio he's shy, and he's not asking. You see your shyness is depriving you from your rights. You gotta stand up for your resources that are who they are who live him and hire his good.

00:42:25--> 00:42:55

Shine, shyness or peacefulness is good peacefulness of basketball, whatever the word is, is good for a this is this. I want to stress here f1 I want to stress Rasulullah the Holodomor is a woman entered into ice Katya? She said he is in Ibiza, Virginie mineralogical dietary in the hood. My father forced me to go in marriage with a man because he is a prestigious man.

00:42:56--> 00:43:26

He has power over jelly eyes, he Jani nestwatch. And he wants to become his, his relative, so he can go around and he's this guy, his son is marrying my dude, perfect. God, these these psychological complex, everything will give his daughter in a marriage because of this way he wants his daughter to marry some guy who's the president of some guy who's a vice president of some guy who's this as a thief at the end of the day.

00:43:28--> 00:43:52

This woman went to Iowa my father forced me to marry this man Leanna who we are terrified because he is seeking to be elevated in the eyes of people because of me marrying his son. Jani, the son of marrying this man actually, for connotation Tajiri wait until the messenger comes Rasulullah sallallahu alayhi wa sallam for Kala

00:43:54--> 00:43:56

la Kanika Huck.

00:43:57--> 00:44:00

This marriage contract is invalid it's up to you.

00:44:02--> 00:44:24

In either agency, unless you say it's okay. Katya rasulillah look at this woman call it your rasulillah I just do. She said O Messenger of Allah. I will let it go when I need to and tala Manisha Oh, and Allah is Allah whom Min ohmori bana team Shane.

00:44:26--> 00:44:42

I want to make a statement shuffle, Mara, look at this woman. This is a Muslim woman. But I wanted to mix it I wanted to let the parents know they cannot force their daughters to marry an individual whom they don't want to get married to. They can't you cannot do it.

00:44:43--> 00:44:46

You cannot do it. Make it clear.

00:44:49--> 00:44:56

At the end, she accepted the marriage. But she wanted to make a statement like they say sure to make sure that this does not pass like this.

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

But there are some exceptions. Here to this

00:45:00--> 00:45:17

Through Morocco and the tequila seat you have a daughter whose Jani mental condition is not what is not sound over here called iranica and she's able Masha Allah if you look at her she has a tovarisch Mashallah she looks like she's qualified

00:45:19--> 00:45:23

Mashallah you see that she's a woman. But her brain is what?

00:45:24--> 00:45:26

How do you do this one you can

00:45:28--> 00:45:30

accept her but very few people are

00:45:32--> 00:45:41

killed father is that he goes around and he finds a hospital for her. Okay, who matches? The how the enamel is. The enamel is putting them in layers and

00:45:43--> 00:45:47

her brain is not. It is not the she's not sound mentally

00:45:49--> 00:45:50

during marriage, why is

00:45:51--> 00:45:58

the woman who did not reach the age of puberty? Yes, Muslim woman can marry before the age of puberty.

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

Melia Jelena Ivana Han Luna maleki Lim

00:46:06--> 00:46:07

before the age of puberty.

00:46:10--> 00:46:14

Let's come to condition number three, which is so problematic.

00:46:15--> 00:46:21

And I really would like you to pay attention to this. Because it's an issue. It's an issue.

00:46:24--> 00:46:28

waka, elephant Bane and Lola if he saw Tivoli

00:46:30--> 00:46:43

there is a difference of opinion amongst the jurists regarding whether there really is a condition for a valid marriage contract or not.

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

For you, what is your

00:46:49--> 00:46:51

sense selasa to Aqua, three,

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

algae,

00:46:54--> 00:46:56

the majority of the tourists

00:46:58--> 00:47:08

they see lay off nikka hobo usually the marriage contract is invalid without the permission of the valley.

00:47:11--> 00:47:16

Only Abu hanifa said, Anika for your Soho The

00:47:18--> 00:47:25

only Abu hanifa rule that the marriage contract is valid without our the

00:47:28--> 00:47:29

the scholars of

00:47:31--> 00:47:38

Muhammad, Abdul Hassan, Abu Yusuf, they really did not want to go against the madhhab.

00:47:41--> 00:47:55

Because the evidence is with the majority of the Jews, Abu hanifa has no supporting evidence. And I will share this with you in fairness Ian, and I will share also what Abu hanifa said in fairness.

00:47:56--> 00:48:07

For the scholars, Mohammed Al Hassan Hanafi Saha abuses, an alma mater, those are the students of Abu hanifa. So they did not want to go against the map.

00:48:08--> 00:48:23

But at the same time, they found out that the evidence is we, in the side of the jurists, the majority of the jurists, so they came up with a third opinion that is not even subject to look at my other part in the water till tomorrow.

00:48:24--> 00:48:30

If the woman gives herself in marriage and her own, without the permission of her husband,

00:48:31--> 00:48:38

without the permission of her willy nilly, without the permission of her father, let's say that it's the father for now.

00:48:39--> 00:48:42

Ken as our Kufa

00:48:43--> 00:48:44

we knew

00:48:46--> 00:48:50

this marriage is between valid and invalid metabolic

00:48:52--> 00:49:01

therapy in between what do you mean you have a valid or invalid can you sleep with her tonight or no? Come on, we can do that value man can as

00:49:02--> 00:49:04

the marriage of this woman stops.

00:49:06--> 00:49:08

Allah ages until when

00:49:09--> 00:49:17

you go lucky I take your wife away from you. She's not your wife anymore. And I go and I asked the willing, would you like this marriage or no?

00:49:18--> 00:49:19

I'm Yakuza

00:49:22--> 00:49:25

Jani. It's difficult but they're not practical yet.

00:49:26--> 00:49:35

In the eyes of people, whether it is married, whether they are married or not, that is the issue for you. Let's go into the evidence.

00:49:38--> 00:49:40

We go to the majority of the jurists

00:49:42--> 00:49:52

Allah, Allah subhanaw taala says, What either upper left tomo Nisa Asada love Nigella hoonah fella Tabu Nyan Cat,

00:49:55--> 00:49:56

mouse

00:49:57--> 00:49:59

if you divorce your wife

00:50:01--> 00:50:05

The first or second divorce by some way, this is called what? There was

00:50:07--> 00:50:23

a remarkable word, divorce. That means you could take your wife back within that death without the need for a marriage contract. But if she goes out the three months, then you have to put a marriage contract again.

00:50:24--> 00:50:48

But the priority also is for the hospital, Yanina? Well he should not, especially if the wife wants to go back to him, for Allah subhanho wa Taala is addressing it. Well, he here is telling him that if the husband divorces his wife, and she passed that which is what, the three month and they want to go back again, don't do work, don't work.

00:50:49--> 00:51:15

Don't come in between them. And voila, boo. That means for them to go back must be approved by who had my mom I'm giving an evidence for the wedding being a condition right here. Even in a revocable marriage, the valley, the Valley of the woman has to agree for the husband who divorced his wife for him to take it back. And she passed that

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

was

00:51:19--> 00:51:21

a NASA

00:51:24--> 00:51:29

sorry, a companion of the Prophet says that was to ot mineralia

00:51:32--> 00:51:41

I give in my sister in marriage to a man and he divorced her had done that to her until her Ida expired.

00:51:45--> 00:52:16

He came to ask her in marriage again. For Petula, who I said to him was to cover a fresh to cover up come to cotton doctor to magenta, la la isla de la cabeza. I given her a few at first i honored you, I given you my my my my sister in marriage and then you divorced her. Now you want to take her back level line by Allah. She is not going to be married to you again.

00:52:18--> 00:52:19

The verse was revealed.

00:52:22--> 00:52:41

The verse was revealed because of this finish, this little verse was revealed. If you divorce women, and they read the expires, and they want to go back to one another again, do not hinder this from happening. Look at Mark aliveness if we're looking for the man as the verse was revealed, called

00:52:42--> 00:52:43

rasulillah.

00:52:45--> 00:52:51

Shave. Now messenger of Allah, I will walk, I will not do this. Go back to him.

00:52:56--> 00:53:01

There is another ruling lamb in the rajalakshmi Allah la de la Elias.

00:53:03--> 00:53:08

Muslim, the Prophet sallallahu alayhi wa sallam says man Holla Holla Yemeni

00:53:09--> 00:53:12

if you take an oath, for example and say Lau Allah

00:53:15--> 00:53:53

By Allah, she's not gonna go back to him either Holla Holla need for the euro. And then he basically found out something what he took an oath on is wrong. And the right thing is in the opposite of it. celiac delivey who are pious, do not allow this to prevent you to do what is right, but do something when you can run Yamini Lowell Hanna's, but let him expiate Lake authority limini Lee tamashi Misaki Mendoza moto moto Pomona de soie to whom

00:53:54--> 00:54:17

Baba family lineage fasea mo salata Tipu feitian Misaki Are you closed in Misaki? Are you free a neck, if you do not find all of this then you go ahead and fast three days so you fast three days or you do the previous yonny before it in order to do what is right because of one reason or another.

00:54:18--> 00:54:21

Oh dismisses are farther from the vectors.

00:54:25--> 00:54:26

This is sad.

00:54:27--> 00:54:32

This is very sad. When a daughter does this to her father.

00:54:33--> 00:54:37

And he Athenian and sometimes I I get

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

sisters

00:54:44--> 00:54:49

and brothers who wants to get married without informing the father?

00:54:51--> 00:54:53

And I asked them in one question.

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

Would you like your daughter to do this to you? Would you like to wake up tomorrow and find your daughter

00:55:00--> 00:55:09

Get married without you knowing. How would you feel about that? How would you feel as a father that you find your world Your daughter is already sleeping with a man

00:55:12--> 00:55:13

whether it is marriage or not.

00:55:16--> 00:55:17

I want to say also that

00:55:19--> 00:55:20

I'm telling you

00:55:21--> 00:55:54

would have Lima Abu hanifa Rahim Allah knowing the evidence, which in the possession of Belgium war of the majority of the jurists, I would vote my fingers like this until you Leonardo hanifa would not have ruled that Lino call Rahim Allah then was a key Allah Allah He said it was a hell of a woman having if the Hadith is authentic, then it overrides my method, while lulea hadn't we are helpful.

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

And youth TBF at y

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

min.

00:55:59--> 00:56:48

Lee, I do not give a permission. Abu hanifa he said Rahim Allah because I don't want to sit here and give you the impression that I'm nagging about this Imam and this EMA line, while I am a Muslim, those are respected, righteous pious while and was a key Humala when I saw boom cadaveric we see them this way. But it just the availability of the evidence was not what was not there. Anita says I do not entitle I did not give permission to anybody to pass on my ruling my fatwah without knowing the evidence which I use inspect my evidence first. You see, inspect my evidence First, find out whether the evidence are used still valid or not. Or there is another evidence which emerged that

00:56:48--> 00:57:09

I'm not aware of for in 10 minutes inshallah maximum 15 minutes. Okay. 15 minutes 930. You're out of here. Promise? me No, no, hurry, I'll feel fit myself. Let's talk about we mentioned and honeck atleta. To apply. There are three opinions regarding the issue.

00:57:12--> 00:57:42

The first view, which is the view of the majority of the jewels, and I mean by the majority of the jurist Melek will share you will have met medic with Chef a will have met and the act of the companions of the Prophet sallallahu alayhi wasallam. This is number one, that the marriage contract is invalid without the permission of the willing whether the woman is a virgin or previously married.

00:57:43--> 00:57:44

No question.

00:57:46--> 00:58:04

On the corner, we mentioned croissant noclip, NASA, because also in the school of thought of Lima and Abu hanifa. They differ. They say the lesson is say the woman who was previously married before can give her something marriage. I just shared with you the evidence of market of NASA.

00:58:06--> 00:58:09

NASA had to give a permission

00:58:10--> 00:58:57

to the husband of his sister and he flew her to a hospital system in order for him to take her back. I mentioned the story you remember the story? Shall I say it again? Thank you, Paula. Well, I have to say she's married. He married her noclip NASA given his system in marriage to a man. He divorced her until her at the expired he wanted to take her back. Good. Now marcellinus have said no. Sahabi are they allowed? Is it No, I'm not gonna give her that cue in marriage. Now Allah revealed the verse commanding that really don't do this you must give her permission. That means if this husband would take her back without the permission of the valet, this this marriage is what is not valid.

00:58:57--> 00:59:13

Oh. To further clarify to verify in a favor lower level or higher or lower? will be how can you based on what you differ between a woman who was previously married and a woman who is a version of her heart is used with other free

00:59:14--> 00:59:28

we mentioned also other evidence. Thank you who who Navy evening in Iran marry these women after the permission of who have after the permission.

00:59:29--> 00:59:38

Una de Allah subhana wa tada is addressing Ooh, la la cola hit Allah Allah subhanaw taala says in the Quran, Allah

00:59:39--> 00:59:50

ki foo Alma de Tokyo, Tokyo Gianni do not give your daughter's and marriage to people who commit sure and so forth. Who is being addressed here.

00:59:51--> 00:59:52

La

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

Lu, Nila Mara Bella Hadid, which out of question

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

Have you ever Musashi Well howdy fi soon and it was it

01:00:06--> 01:00:07

was a house

01:00:08--> 01:00:27

hacking Odyssey Abby sunon Hadith Abby and Abby, the son of Satan, Abu Salah Shari, Abu Salah, Sharia Viola Juan Carlos causa Rasulullah sallallahu alayhi wa sallam, the Prophet sallallahu alayhi wa sallam says lenica had a very well he

01:00:30--> 01:00:33

had an eco village nephew, nephew

01:00:35--> 01:00:42

negating the validity of the contract. There is no nica there is no marriage without actually

01:00:44--> 01:00:45

without a guardian of the woman

01:00:47--> 01:00:53

without a guardian of though there is no such a thing without a guardian of the woman and listen yes what to this hadith.

01:00:54--> 01:00:56

Imagine to

01:00:57--> 01:00:59

a woman cannot give another woman in marriage

01:01:04--> 01:01:15

to NASA and a woman is not to give herself in marriage. Oh, honey Sahaja will allow her to marry the other party is only a matter. Howdy

01:01:17--> 01:01:57

I suburbia Lavanya told me sallallahu alayhi wa sallam a umemura any women NACA nafsa who gave herself in marriage be ryrie is newly without the permission of her family her father brother, we're gonna go through this inshallah next week next lecture who can be the only the older of the very who takes precedence one after another off one after another until you reach the suta umemura any woman who gives herself in marriage without the permission of her very very careful about one her marriage is invalid very careful to her marriage is invalid very careful about her marriage history.

01:02:00--> 01:02:43

If if the did this you follow up over you know Houma because they are committing adultery what Alma she get the dowry? Mr. Holloman for Gina, because he went into her was so fun when he mela Walia smiler Timothy Linda young to be fair, limonaia hanifa and his school of thought I knew I had it. They mentioned they mentioned something about the hadith of Abu Musa they said it may not be authentic but see I mentioned that there are experts of Hadith if not then will happen to syndicated the Hadith yaku Timothy Timothy is one of the people who compiled this Hadith, highly valuable Salah Shatila nikka Habiba University. What did he say?

01:02:44--> 01:02:47

Well, I mean, lll me men are

01:02:49--> 01:03:11

some of the experts of Hadith, the mention from Allah regarding the chain of narration of this hairy work in Houma. mubi. But this hadith is being acted upon regardless whether it is authentic or not. And then, from the table of knowledge, as Heidi rasulillah from the convenience of the Messenger of Allah woman whom amongst them, Omar

01:03:13--> 01:03:15

Ali, Ali, Abdullah,

01:03:16--> 01:03:24

Abu hurayrah and others and also at a messiah al Hassan al basri. was sure I

01:03:27--> 01:03:29

was so moody while I was there I

01:03:32--> 01:03:35

was chef Nora, Hawaii, what are

01:03:37--> 01:04:11

the habanero colada deca agema, anti American kid? What other consensus Do you want over the issue? Now we see that you leave the majority of the jurors and you go and follow one factor for 11 Abu hanifa and you go sisters give them themselves in marriage to somebody without the permission of their father. They are committing adultery, this marriage contract is invalid. wacol whether we live in Beverly says he shall soon one llamada de la Nika in LA V, a woman

01:04:13--> 01:04:15

of Rasulullah.

01:04:16--> 01:04:33

explaining his Sunnah, he says that the majority of the companions and the scholars of the oma they act upon this hadith regardless whether it is authentic or not, that they never bought a marriage contract without the permission of the Father, without the permission of the Father.

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

Half

01:04:36--> 01:04:37

way bill Melinda rahima Hola.

01:04:40--> 01:04:55

Mina Sahaja. Daddy, none of the companions of the Prophet sallallahu alayhi wa sallam came up with anything different to this. So what if what else do you want now? Very quickly, I still have five minutes. Right? Five minutes.

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

Six minutes. All right.

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

colo Abu hanifa let's see what Abu hanifa has and really I would like you to understand this

01:05:07--> 01:05:07

Hello a

01:05:09--> 01:05:11

teller fita refill

01:05:14--> 01:05:15

because in a

01:05:16--> 01:05:20

few years whenever cuckoo Kufa

01:05:21--> 01:05:26

has to understand in a novel

01:05:29--> 01:05:35

with the people from an age as they say the women who was married before

01:05:37--> 01:05:38

without husband died

01:05:40--> 01:05:43

or whether she was divorced Harry Liu

01:05:44--> 01:05:45

bottle

01:05:46--> 01:05:52

with the people of Kufa that's where Lena Boniface colome Rolla Zola

01:05:54--> 01:05:56

any woman who does not have a husband it's called ID.

01:05:57--> 01:06:00

That means that will include what albick with

01:06:02--> 01:06:08

that will include a big birthday, this is where our honey bees this method on this is where we'll have

01:06:10--> 01:06:13

the author of Albury, the one who explained to her he says

01:06:15--> 01:06:16

that Abu hanifa

01:06:18--> 01:06:32

ella Anna, Who let you start off with a very US law wires who were Jews went to Morocco. nafsa wala will be re re re either there's a word Khufu and

01:06:33--> 01:06:35

he has an alibi.

01:06:37--> 01:06:41

Abu hanifa says Rahim Allah if the woman can sell and buy.

01:06:42--> 01:06:46

If a woman tells you something, is her sale is valid or No.

01:06:47--> 01:06:56

Okay, that's an act in a using analogy, because marriage is a contract to marriage contract. If you sell and buy a car is called what?

01:06:57--> 01:07:03

So if the woman can sell and buy a car, then she can give herself in marriage.

01:07:09--> 01:07:11

Marriage, insanity, this is number one.

01:07:13--> 01:07:19

Number two, we're Han Lu sthira. To Luca de Allah salviati.

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And he also saying that having the permission of the wellI for the woman who is a virgin,

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but the one who is not a virgin does not have the permission of the of her father

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is not even correct, why? We're happy to do so. I'm kidding. I'm kidding.

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Saw you by you know Heather, and the aliveness of Casa de la casa that I shared with you that had he,

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his sister, was married to her husband, her husband divorced her, her at the expired, he wants to take her back. He cannot take her back without what the permission

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of the way.

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This woman now is able to

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say

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mean when I

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feel of a feel of a union Abu hanifa sila puja Allah tarrif love who's in a in the vocabulary of Abu hanifa aim is a woman who does not have a husband Bill, period, whether she is what a virgin or not, but the aim and the ages lie Amanda ages is the woman who's been married before lay because the province or the law waters element

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called a Latin

01:08:46--> 01:08:48

word big data. His

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aim is the same as the virgin Why would you repeat?

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Do you need to repeat? You understand what I'm saying? Do you need to repeat and then the author Dr. Malcolm l Kerim he was given the eloquence of speech. If he means the Virgin, he would not have said let him call a Mohatta to stay then. Well, I'll be kurata

01:09:11--> 01:09:58

Afro Latin Kahala Hata to start Madhavi grow hotter to stare than they realize Allah hopefully our sisters will not do this anymore. Our sisters will not do this anymore. Don't you dare sisters waste yourself. Do make yourself a cheap commodity and go you make yourself cheap that you go and you give yourself to a man without your father's permission. This is shame. This is shame for the family. This is shame for the oma women must stop this if they want to have a valid marriage contract. If you like that I will continue this, the conditions for a valid marriage contract on Wednesday inshallah we'll we'll finish the rest of the conditions till then Assalamu alaykum warahmatullahi

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

wabarakatuh