Walead Mosaad – Tadrib AlSalikMaliki FiqhClass 32 Marriage & Dowry

Walead Mosaad
AI: Summary ©
The speakers discuss the legality of marriage, including the importance of strong desire for a woman and the need for practice in certain areas. They also touch on the legality of marriage, including the possibility of a marriage proposal and the importance of healthy relationships. The conversation also touches on the cultural and political aspects of marriage, including the importance of protecting both the husband and wife and finding a partner who is emotionally and philosophically strong. The conversation also touches on the use of a hot button and setting guidelines, and the importance of finding a woman who is in a woman’s waiting period.
AI: Transcript ©
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Salam aleikum wa rahmatullah Rahim Al hamdu. Lillahi Rabbil Alameen

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Allahumma salli wa sallim wa barik ala Sayidina. Muhammad in Wagga

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annual saw me one day that'd be heavy went to Hajj and I had to

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send me something and Naomi Deen webapp so Hamdulillah we praise

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Allah subhanaw taala for the blessings of continued life and

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continued ability to learn and to study and to practice this great

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Deen of ours. And we are have been reading in the subject of

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jurisprudence of the Maliki school, Maliki fell based upon the

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text of

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shahada, these Hamid shares Mobarak which is based upon the

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text of Accommodator dear Rahim Hamdulillah that river Salic you

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local Corbin mosaddek We met an emetic. So this is like a an

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abridgment of our COVID mosaddek of remember the deal which in turn

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is an abridgment of McTell Society of Imams and eveness have a duty,

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which is considered to be the

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main resource, the more timid or the

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relied upon book for fatwah in the Medical School of Law in the

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medical jurisprudence. So hamdulillah thus far, we have

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completed what's traditionally referred to as robbery by that, or

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the quarter dealing with acts of worship. So they traditionally

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think of the jurisprudence as being into divided into four

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categories or four parts, the first being a bad acts of worship,

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the second dealing with our shortsea, or personal family law,

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that includes marriage and divorce, and all those things that

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are connected with it Havanna, child custody and so forth. And

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then we have Robert in while I'm at it, which is dealing with

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unwanted media, or commercial law or transactional law. And that

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includes buying and selling and all those things that kind of get

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to it. And then finally,

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robot Arkadia.

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Dealing with court law, so that which would involve necessarily

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involve a judge, which would include criminal law and or dude,

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and criminal punishments and so forth. So this quarter that we're

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beginning now begins with keytab and Nika,

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or the chapter dealing with

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marriage contract, as he entitles it, get Obamacare, when they are

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yet to unlock OB. So the chapter dealing with marriage and

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everything that is connected to it. So the word, Nika, Nika,

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sometimes we also see the word. So edge, and that comes from xojo. So

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the pairing of two people Nica sometimes is used to specifically

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refer to refer to the marriage contract. And sometimes it's used

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to refer to the intimate relationship between husband and

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wife

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depending upon the context. So in this particular context, it could

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mean both the marriage contract itself and then what follows,

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which is the marital relationship.

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So he begins by saying to him a whole lot.

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When I find that you're doing if you're dieting, I mean, or like, I

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know, I'm cool. And you go home and doable. Nouman, Raja and

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Aslan, or Canada, La Huella. While I'm Yakshas Zina, we're in LA.

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So he begins by talking about what is the ruling? What is the

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legality of marriage to begin with? Is it something that is

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obligatory or is it something that is mandatory? Is that something

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that is recommended? Or is it merely permissible? Can it be

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haram? Can it be disliked? And here the author kind of mentions

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one or two of the categories but

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you can think of marriage as they say, Yeah, Teddy gamble comes

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that the five rulings will apply. In other words, it could be

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obligatory for some people, it could be disliked, for some people

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could be merely permissible for some people.

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It can be recommended for some people it can be haram or

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forbidden for some people. So depending upon one situation, and

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the situation will be

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their ability to be married, in other words, to fulfill the

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obligations of marriage, that's going to be a consideration. So if

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one is not able to commit to fulfill the obligations of

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marriage, then this will be a consideration perhaps that will be

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disliked or even haram for this person.

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You know, if they didn't talk about this in the in the

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traditional books, but in today's world, we can certainly talk about

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people who have

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certain perhaps mental conditions, mental illness, so forth, such as

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that if they were to marry someone that could cause great harm to

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their marriage partner, then we might say that in their party

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Okay, so while they're in this condition, it's not allowed for

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them to get married. It would be haram in this particular case.

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Here, the author says a Nikka home and Dougal Nouman, Raja and Aslan.

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So it's recommended generally. So the general kind of, let's say

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default

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state of marriage is that it's recommended. So neither

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obligatory, nor is it forbidden. But it is something obviously,

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under normal circumstances or under conventional typical

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circumstances, it's recommended, he says, the min Raja Naslund for

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those who are hopeful or interested in having children.

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This it would be recommended for such people. Okay, another law who

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Autobahn Well, I'm Yaksha, Xena,

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or someone who feels that they should marry they feel compelled

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to marry and they want to

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have an out of out of means that they have sexual inclination to

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the opposite *. And in our understanding,

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intimate sexual relationship can only be between husband and wife.

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There is no other. In today's world anyway, there is no other we

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don't have

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you know, people in bondage anymore. So how all that fits that

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used to be talked about doesn't apply here.

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So

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it has to be a relationship between husband and wife, and has

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to be a valid marriage contract. And we'll see all of the

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conditions for this. So someone who has an Arab and Oregon's in

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need. In other words, they have a strong inclination or in

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collusion, obviously to the opposite *, whether we actually

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Zina, and they're not fearful of falling into fornication, then it

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is, men do. It's recommended, what Illa

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worship. In other words, if you do feel you're going to fall into

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Zina, you're going to fall into sin into fornication, then in this

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context, it might be obligatory to get married. Because if you do not

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get married, then you fall into the haram. And so avoiding the

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Haram takes precedence.

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So in this case, then someone should seek to get married.

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When is it going to be haram for somebody, if they can't fulfill

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the conditions, as we said, they don't have enough aka husband, for

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example, the man doesn't have enough to actually

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support a wife and you know, they resort to illicit means to go

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about doing that, then in this case, it would be hard for them

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to, to marry in that scenario, and what could it be my crew, it could

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be this like for someone who

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maybe has the ability to,

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to get married, financially speaking, but they don't really

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have an inclination, or desire to have children or to be married or

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to fulfill the let's say, the intimate relationship rights of

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the spouse, you know, then in this case, it might be disliked. So one

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of the the obviously, the goals of marriage is that there has to be a

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partnership and has to be compatibility. And there has to be

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kind of mutual tolerance and compassion and mercy and

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understanding between the husband and the wife. So one thing before

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we go any further that I want to point out, is that when we talk

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about books a fifth, when we're talking about marriage, they're

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not exactly telling you how to go about doing it. They're not really

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talking about the depth and the etiquettes. And the, you know,

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the,

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you know, the the beyond the do's and don'ts. You know, it's not

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talking about how to actually conduct a relationship. Here, it's

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specifically concerned with legality, right? Is this a valid

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marriage contract or not? Does this nullify the marriage

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contract? Who has the right to be the wellI? Or who has the right to

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be the, you know, the guardian? Who can who can?

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Who can perform the marriage, right? Who can on behalf of the

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wife or on behalf of the husband and so forth? But not really

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looking at?

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Kind of Okay, now, how do I conduct my relationship, this will

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be studied in something else, this would be a HELOC. This would be

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character and building of character and

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understanding the rights of others and so forth, which is not going

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to be entirely covered by just kind of the legal framework by

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which marriage exists. So that's something that's important.

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Sometimes the FDA will will, you know, when they are pressed and

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cases brought before them, and they need to determine kind of the

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legality of something like

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How should household chores be divided, or who's going to be

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responsible for what and there's a dispute, or there's a lack of

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agreement between husband and wife, and in this case, some other

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folks might mention that this responsibility, you know, falls on

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this person or falls on that person. But otherwise, you know,

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the inner workings of the relationship and what goes on in

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the home and who does what and so forth. For the most part, that's

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just up to mutual agreement. The only thing that's really

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stipulated is that the husband, the man is the one

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One who was responsible for the upkeep of the home and of the wife

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and of the children, in other words from the NEF, aka, or from,

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you know, earning a living to support a family, and that the

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wife is not asked to do that she's not. It's not mandatory for to do

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that if she's contributes to something of the household income

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that's up to her, but under no way should she be coerced. In doing

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so, because it's not her responsibility. If she chooses to

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do so then that's something of her own volition.

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Otherwise, how things are divided. And you know, who cleans the sink

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tonight who takes out the garbage and who mows the lawn? And all

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those things are, you know, the Sharia, it's all in the realm of

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permissibility.

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And perhaps a little bit of culture comes into that as well of

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how people want to go about doing

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work on cancer.

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So the, here the arcane or broken, singular means the essentials. So

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without these things, you don't have marriage. That's what that

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means. What can who come sir? So it's pillars, essential pillars,

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or five xojo? Was OSHA, where EJ when were COBOL? What were the

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five things? The husband and the wife, right? Because if you just

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do one of those, there's no marriage can't marry yourself.

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Even though people think I do they do it on Instagram now, but you

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cannot. It's not a valid marriage to us. What a jab.

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Jab means, an offer of marriage from the wife, or, or the woman,

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or the willie of the woman, the guardian of the woman to the

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husband, while COBOL a boon means the acceptance of the offer of

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marriage from the husband, while he and the willing is the guardian

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of the bride.

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For sure to Zoji Hulu winwin herba. Woman Yahoo Jambo ha ha.

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So the,

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the short or the condition of the coach, Hulu Woon Alba, what does

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that mean that they should be free from for In other words, not have

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four wives already.

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So the maximum number of wives or husband can have is four. So if

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already has four, he can't marry a fifth.

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So as long as there are three and less than

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he can be a valid marriage partner. And maybe we'll get into

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about polygamy a little bit later, not right now.

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But just looking at the legality of it, he has to be married to

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less than four women.

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Already Woman Yeah, haram jamberoo Ha ha. And also to not marry

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someone that can two people who cannot be co wives.

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So this would be two sisters can't be co wives and Medicare, I

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believe, also add an aunt and niece can't be co wives.

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And definitely mother and daughter. And there's a different

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kind of setup for that, you know, that we'll see later that once a

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daughter, one marries a daughter and consummated the marriage, he

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can never marry the mother after that. So that's kind of a given.

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But certainly two sisters was there there next year, mother and

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father or mother or their share of father, and also an antenna nice,

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and also what I just mentioned a mother and daughter with the top

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seat with the details that I think will mentioned it. So that's kind

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of the shot of the zone edge of the

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of the husband.

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And there are other things that are taken for granted that he

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doesn't mention

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that meet would be like that the Zodiac has to be Muslim.

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So he has to be a Muslim, he has to have said not coffee, she had a

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team, you have to have said the shahada thing, even if he is not

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very practicing, but the very least he has to consider himself

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in the community asked him to be a Muslim.

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And generally speaking of sound intellect of athletes, because if

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he's not of sound intellect, and this is something that the

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marriage can be rejected on the basis of which, and also other

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conditions that will apply to both such as him

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being able to consummate the marriage, you know, being

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physically able to do that, that's also going to be something that

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someone who's not in that in that particular condition shouldn't get

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married also. And the wife has a right to reject him based upon

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that if it comes too late afterwards, and so forth. We're

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short Zoda.

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And the condition of the of the bride, and Kulu means out that

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obviously she's not married either. Right and when we can only

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marry one

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worried the 10 minute ad and to not be in her waiting period. Oh,

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it's too broad. It's too broad doesn't apply to us here. This is

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one for a band meeting, but saying

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same concept as the ADA or could be is the brought from

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illicit sexual *, let's say like other other girl was

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raped, then she should not get married until there's a study

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brought, in other words,

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monthly cycles passed by so that we want at least one so that we

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are sure she's not pregnant. That's what is the broad means It

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means it's too broad. In other words, to find the

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the innocence as it were literally speaking of the uterus, in other

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words, that there's nothing, there's no fetus growing inside,

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and also the header. So the header would be for a woman who is

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divorced, which is three monthly cycles, or the idea of a widow,

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which would be four months in 10 days. So they are not to get

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married, have a marriage contract within that period of time. And if

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they do so it is it is considered to be invalid. It's not a marriage

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then if it happens within the or of the estate.

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Well, I let Hakuna cam as you'll see whether Hamilton kita be with

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us will Hora LTTB we call him

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and also in terms of her religion,

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she shouldn't be matched with SIA imagine which is another words

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it's not a Muslim, not from Allah Kitab Well, Emmerton kita via or

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bond meeting who is from Allah Kitab what to Jews will Hora and

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kita via before him. So non Muslim woman who is Jewish or Christian,

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this is a * Kitab before but it's disliked to do so. And some

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of our football, they have said it's also on the condition that

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one is able to raise their children as Muslim. So if if you

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if the husband perspective, husband doesn't feel that's going

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to happen with the wife who's rather Christian or a Jew,

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then it's not allowed them to marry such a person. And also to

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be able to live their own lives as Muslim and to be practiced their

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Islam freely, obviously. And traditionally, this was happening.

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Muslim men were marrying Keita Viet when they themselves were

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living in Muslim lands. And so there was a

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hope that eventually that the Keita via the Christian or Jewish

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bride would eventually accept Islam. And many times that

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happened and most often that happened. Nowadays, however, if

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one is living in a non Muslim country, and the Muslim husband is

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more or less living his life like everybody else, like a non Muslim,

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then what kind of hope do we have then that they will be raised to

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and raised in a Muslim household and that the

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the bride may eventually accept Islam. So this is a kind of a

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touchy, a little bit controversial issue. And I think especially in

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our time, we have a lot of awareness, which are

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unmarried Muslim women getting into their

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early 30s, even 40s and they're not married. And so there's kind

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of more of a communal aspect to this that has to be considered as

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well. Follow Adam.

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What a madam and Mahara media.

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Well, it's good when would you beat that beat? I will bet the

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cobblers OGE for Shelton fee him

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so this is conditions that apply to both Adam and Maha Mia which

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means you can't be in a state of haram. In other words, you can't

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be during Hajj or Umrah and your state of haram cannot conduct a

00:18:31 --> 00:18:34

marriage or get married in that state because that would be from

00:18:34 --> 00:18:36

the violations of their haram.

00:18:37 --> 00:18:42

Well scale and scale i i pointed out a little bit problematic

00:18:42 --> 00:18:44

things in terms of

00:18:45 --> 00:18:49

conservation or intimacy or you know impotency or impotence or

00:18:49 --> 00:18:54

even with the, with the bride if she's unable to engage in sexual

00:18:54 --> 00:18:56

* for whatever physiological reason, things like

00:18:56 --> 00:18:59

that. This would be called Al Al iscan.

00:19:00 --> 00:19:02

Well, Module B Tet bead,

00:19:04 --> 00:19:07

their Medicare have something unique to them. And that if one is

00:19:07 --> 00:19:13

to conduct, do a marriage, while the woman is in her head,

00:19:16 --> 00:19:19

and then consummate that marriage, then the marriage is to be

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

dissolved. And also they are never to marry again. This is called

00:19:22 --> 00:19:25

mudra. But this is Mooji. With Debbie, it's something that would

00:19:25 --> 00:19:28

necessitate that beat, which would be that bead means they never to

00:19:28 --> 00:19:31

marry. This also holds true for someone who has divorced his wife

00:19:31 --> 00:19:34

three times. So until she marries another and concentrates a

00:19:34 --> 00:19:39

marriage with the other one, a new husband, and then they divorce her

00:19:39 --> 00:19:43

she's widowed. She cannot remarry her first husband either. So that

00:19:43 --> 00:19:45

would also be something that applies to both of them

00:19:52 --> 00:19:56

would you be to be I will bet right? That would be the second

00:19:56 --> 00:19:56

category

00:19:58 --> 00:19:59

that you know until they

00:20:02 --> 00:20:05

remarried, and she remarried someone else because it's not

00:20:05 --> 00:20:08

forever. But there's a condition which is that she has to remarry

00:20:08 --> 00:20:11

and then be divorced or widowed for her to return back to the

00:20:11 --> 00:20:14

first husband if three divorces have already taken place

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

for sheltering female, so those are both copies origin for short

00:20:20 --> 00:20:23

punchy humor. So this is a condition in both of them.

00:20:26 --> 00:20:29

Not mentioned in here but also been mentioned by remember that

00:20:29 --> 00:20:34

idea also is that there should be no conspiracy to hide the

00:20:34 --> 00:20:39

marriage. But it differ collocates men. So, generally, you're going

00:20:39 --> 00:20:44

to have at least three other people involved. At least three,

00:20:44 --> 00:20:46

when the marriage is happening. So you have the husband and you have

00:20:46 --> 00:20:48

the wife, then you have the wedding, which is the guardian of

00:20:48 --> 00:20:52

the bride, or the wife. And then you have two men who are the

00:20:53 --> 00:20:58

Shahidi who are the to operate witnesses. So if there is a

00:20:58 --> 00:21:01

agreement between the five of them, that they're going to keep

00:21:01 --> 00:21:03

this thing secret, or they're not going to tell anybody,

00:21:04 --> 00:21:08

then this nullifies actually invalidates the marriage. So the

00:21:08 --> 00:21:12

Maliki's were strict about this. So if they say we're going to keep

00:21:12 --> 00:21:15

it secret, no one's going to know or the man's first wife is not

00:21:15 --> 00:21:17

going to know and they keep it completely secret in the sense,

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

then this would be an invalidation of the marriage contract.

00:21:29 --> 00:21:33

Well, ikura will haram for short term facilitator.

00:21:35 --> 00:21:38

So Adam will ECOSOC which means no one should be compelled or coerced

00:21:38 --> 00:21:40

to get married will it haram

00:21:41 --> 00:21:44

as we said to be in a state of haram for children, facilita is a

00:21:44 --> 00:21:47

condition for the three which three, the husband, the wife, and

00:21:47 --> 00:21:50

the wedding, and The Guardian. So you cannot be the guardian of

00:21:50 --> 00:21:54

someone if you're in a state of haram either. Come in Islam as

00:21:54 --> 00:21:57

Zoji what were the sheltering, feeling Muslimah. And as we

00:21:57 --> 00:22:01

mentioned earlier, that both the husband and the Winnie should have

00:22:01 --> 00:22:06

to be Muslim, for to marry a muslim woman or to be a guardian

00:22:06 --> 00:22:07

for a Muslim woman.

00:22:09 --> 00:22:13

Well model Do I deserve Janie man Amina, luckily for you. So in this

00:22:13 --> 00:22:14

effort in cobbler who,

00:22:15 --> 00:22:16

or

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

a chronic sickness or a tournament, let's say terminal

00:22:22 --> 00:22:27

sickness, or one of the two, that would prevent the preventive of

00:22:27 --> 00:22:32

the marriage contract for Yusaku, elderly setting Cobla, who this

00:22:32 --> 00:22:35

marriage contract would also be dissolved by a judge was brought

00:22:35 --> 00:22:38

to his attention, except if at the time of the marriage contract,

00:22:38 --> 00:22:42

there wasn't a terminal illness, and they were both healthy. But if

00:22:42 --> 00:22:45

there's a terminal illness while they're getting married, then this

00:22:45 --> 00:22:46

would be a man of the awkward.

00:22:47 --> 00:22:50

And might some might say, Well, what, why would you do that if

00:22:50 --> 00:22:52

someone wants to get married in that state? Well, the problem is

00:22:52 --> 00:22:57

with the one author is with the heirs of one of the two. And so

00:22:57 --> 00:23:00

the heirs have a right to the estate. And so there's a suspicion

00:23:00 --> 00:23:02

that a marriage like that

00:23:03 --> 00:23:04

would be

00:23:05 --> 00:23:09

unnecessarily advantageous for the one who's not sick merely to get

00:23:09 --> 00:23:12

at the estate of the person who was sick.

00:23:13 --> 00:23:15

The law item, that's how I read it.

00:23:19 --> 00:23:22

Whether you started to feel really other than what I was doing,

00:23:22 --> 00:23:23

either Canada or even

00:23:24 --> 00:23:27

so the Wedi who is the father, generally speaking, or someone

00:23:27 --> 00:23:30

that the father appoints? Or if the father is not around, someone

00:23:30 --> 00:23:33

else that can be appointed, he doesn't have to be necessarily

00:23:33 --> 00:23:39

upright or completely guided as long as they have some sort of

00:23:39 --> 00:23:42

judgment. There will be conditions under which when the sound

00:23:42 --> 00:23:49

judgment is not affirmed for the wedding. Right? If he's someone

00:23:49 --> 00:23:53

who says no to everybody or he's not cooperating and marrying his

00:23:53 --> 00:23:55

daughter or is what killed his

00:23:57 --> 00:24:00

his more calorie and is one that he's been entrusted with, to

00:24:00 --> 00:24:03

married to someone who is good for her or

00:24:04 --> 00:24:06

appropriate for her then in this case, also the judge can get

00:24:06 --> 00:24:07

involved

00:24:10 --> 00:24:14

while a gerbil all willy ancak, two hours a watch to follow them.

00:24:14 --> 00:24:18

Yes. Cool. So the Athan will have to come in Zacchara sadhaka learn

00:24:18 --> 00:24:19

how to code.

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

So we said the EJ which is the offer of marriage is very simple.

00:24:25 --> 00:24:29

Here in Arabic he would say and capital Oza watch to in the past

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

tense.

00:24:31 --> 00:24:34

Or it could be in the present tense with the understanding its

00:24:34 --> 00:24:36

means present right now. Not in the future, not as a promise in

00:24:36 --> 00:24:40

the future. So and capitals are which two means I married you,

00:24:40 --> 00:24:43

both of them kind of the same thing. Even Nettie, you know, my

00:24:43 --> 00:24:47

daughter on walkability or the one that has been I've been trusted to

00:24:47 --> 00:24:51

be her wedding to you. Well, oh, let me ask also Dockland even if

00:24:51 --> 00:24:55

he doesn't specifically mentioned the Sadhak or the dowry, but it's

00:24:55 --> 00:25:00

customary to mention the dairy at this point. Even if it

00:25:00 --> 00:25:02

Smart mentioned specifically in terms of amount, it should at

00:25:02 --> 00:25:06

least be mentioned that there is a dowry to begin with. Or you could

00:25:06 --> 00:25:09

say, a sadhaka, on top of manana on mountain was semolina,

00:25:09 --> 00:25:12

something like that, or, you know, upon the dowry that has been

00:25:12 --> 00:25:15

agreed to upon us, is usually how it's done.

00:25:17 --> 00:25:20

Oh, we'll have to go and Dakka Dakka or I give to you here, which

00:25:20 --> 00:25:24

is not love. Sorry, Nick. Yeah. So it's not a

00:25:26 --> 00:25:27

literal

00:25:28 --> 00:25:31

wording of marriage, it's figurative, so then there has to

00:25:31 --> 00:25:34

be something else to, to ascertain that it's marriage. So if he says

00:25:34 --> 00:25:39

we'll have to go which means I give to my daughter or my, my my

00:25:39 --> 00:25:43

charge in Zacchara Siddhartha and if at the same time also the dowry

00:25:43 --> 00:25:45

is mentioned. So then when the dowry is mentioned, then there's

00:25:45 --> 00:25:49

no doubt it's about marriage law. Now Allah Touka which I don't know

00:25:49 --> 00:25:52

anyone would say that but the folklore that means someone

00:25:52 --> 00:25:55

actually did that means let you borrow.

00:25:57 --> 00:26:00

let you borrow for a little bit. So something like that doesn't

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

work.

00:26:01 --> 00:26:06

Well, Kumu clothes Zoji Oh, WikiLeaks Kaabil. Two, I will not

00:26:06 --> 00:26:10

be too and then the acceptance of the marriage offer contract or

00:26:10 --> 00:26:15

marriage offer from the husband or his agent because the husband can

00:26:15 --> 00:26:18

also appoint his father anybody to do that for him. And that's kind

00:26:18 --> 00:26:21

of like a traditional or customer honorary thing that they do

00:26:21 --> 00:26:22

sometimes.

00:26:23 --> 00:26:27

Two out of the two, I accept and I am contented and usually we say

00:26:27 --> 00:26:31

both global to what are the right I accept and I'm contented with

00:26:31 --> 00:26:31

this

00:26:39 --> 00:26:41

where you started with the Nikkei it's hard to add Lanie under the

00:26:41 --> 00:26:45

hood. Well, you've said Who indica Coppola Who were you had Danny and

00:26:45 --> 00:26:47

Hassan one well, um, you have to

00:26:48 --> 00:26:49

be Colima think of

00:26:53 --> 00:26:57

when you're starting to indica, he is shared widely and also as a

00:26:57 --> 00:27:02

condition of validity. So not as a rockin right, not as a pillar,

00:27:02 --> 00:27:05

because it could be done after and this is where the magic is

00:27:05 --> 00:27:08

diverged a little bit from the other schools of thought as a

00:27:08 --> 00:27:11

condition of validity and the gap for the marriage is hurdling that

00:27:11 --> 00:27:16

two witnesses to bear witnesses were upright, bear witness to the

00:27:16 --> 00:27:18

marriage cobbler the whole before consummation.

00:27:19 --> 00:27:25

So it may not be right at the time of the marriage contract, you

00:27:25 --> 00:27:27

know, technically could be the three of them. It could be the

00:27:27 --> 00:27:31

bride, the groom and the guardian. And then the next day or two days

00:27:31 --> 00:27:35

later or however much later but before consummation, they tell two

00:27:35 --> 00:27:39

witnesses in the same sitting by the way we got married and we want

00:27:39 --> 00:27:41

you to attest to our marriage that we got married.

00:27:43 --> 00:27:47

Well you've Sahel in Dhaka Coppola who, right and the marriage will

00:27:47 --> 00:27:51

be dissolved. If they consummate before the test attestation of the

00:27:51 --> 00:27:55

witnesses where you had Danny and hustle our own Well, I'm you have

00:27:55 --> 00:28:00

to be co ltd out of and it's considered Zina actually

00:28:00 --> 00:28:03

fornication, if they did nothing

00:28:04 --> 00:28:07

to spread the word that they got married, like a marriage party

00:28:07 --> 00:28:11

like a reception. And he says, oh, dwarf dwarf means the drum, they

00:28:11 --> 00:28:14

played the drum, in other words, that there was some sort of public

00:28:14 --> 00:28:18

announcement. So it doesn't mean the drum or the walima. itself,

00:28:18 --> 00:28:20

but it means public announcement. So

00:28:21 --> 00:28:24

if you didn't have the two witnesses at the time, but you had

00:28:24 --> 00:28:27

the public announcement, it's still not right. But it's not

00:28:27 --> 00:28:31

considered to be zener. It's not considered to be just like, lack

00:28:31 --> 00:28:33

of a non marriage. And,

00:28:34 --> 00:28:37

you know, in some countries, this used to be kind of a thing as

00:28:37 --> 00:28:40

though as your own fee, right, which you could see here doesn't

00:28:40 --> 00:28:44

work, right when it's just to hire two university students, and they

00:28:44 --> 00:28:46

agreed to get married. And they said that as always your old fee

00:28:46 --> 00:28:50

and right, kind of like, I don't know how to translate that just

00:28:51 --> 00:28:55

cultural or common marriage. And it's just the two of them, and

00:28:55 --> 00:28:57

they write something on a piece of paper, and there's no one else and

00:28:57 --> 00:29:01

nobody knows about it. So it's secret, and there's no witnesses,

00:29:01 --> 00:29:03

there's no Welly. There's no guardian, it's not a marriage,

00:29:04 --> 00:29:07

under the Sharia, it's not considered to be a marriage. So

00:29:07 --> 00:29:10

all of these things are in place to protect both the husband and

00:29:10 --> 00:29:12

the wife to protect both parties, right so that no one has taken

00:29:12 --> 00:29:16

undue the advantage of because marriage is you know, Allah

00:29:16 --> 00:29:20

describes it. In the Quran as me soften Hadith. You know, it's a

00:29:20 --> 00:29:24

heavy contract, right? It's one of the heaviest contracts you can

00:29:24 --> 00:29:28

enter into. So it's not like a business transactional contract

00:29:28 --> 00:29:31

where you partner with somebody and then you know, if partnership

00:29:31 --> 00:29:35

doesn't work out, okay, fine. We'll just dissolve assets and

00:29:35 --> 00:29:39

liquidate and, you know, go on with our lives. It's much heavier

00:29:39 --> 00:29:43

than this because there's a strong community emotional, psycho

00:29:43 --> 00:29:47

spiritual aspect to it. It's not that easy. So, it should not be

00:29:47 --> 00:29:51

entered into lightly and it should not be exited lightly either.

00:29:51 --> 00:29:54

Right. So all of these things are here to kind of give weightiness

00:29:55 --> 00:29:59

and seriousness to marriage when one interested and sexual

00:29:59 --> 00:30:00

relations

00:30:00 --> 00:30:03

trips are not meant to be casual, and they're not meant to be just

00:30:03 --> 00:30:06

kind of spur of the moment. They're meant to be thought out

00:30:06 --> 00:30:10

because there are repercussions or loss of autonomy in a way that a

00:30:10 --> 00:30:14

child can come out of the out of the sexual union. And so that's a

00:30:14 --> 00:30:18

whole nother life and it's an amazing thing, but at the same

00:30:18 --> 00:30:20

time, it's a weighty thing right not something to be taken lightly.

00:30:23 --> 00:30:27

What's the doctrine so also for the validity of the marriage is

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

something called the Sadhak the Medicare call it Sadaf or Maha

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

which means the dowry a gift that is paid to the heart from the

00:30:33 --> 00:30:38

husband to the wife according to who Rob Roy dinar our fellas have

00:30:38 --> 00:30:39

to draw him

00:30:40 --> 00:30:42

Oh man you call one will be a hottie humor

00:30:45 --> 00:30:50

so the least it could be is all about dinar which is a quarter

00:30:50 --> 00:30:54

worth of weight in gold, which in today's weights, you know, maybe a

00:30:54 --> 00:30:57

few $100 or something or less than that. Oh, so let's have to draw

00:30:57 --> 00:31:01

him or three draw him which is wait and silver. Oh my You call

00:31:01 --> 00:31:04

woman be a hottie Hema, or that which is?

00:31:07 --> 00:31:11

In same same thing in value as those two things. So today we have

00:31:12 --> 00:31:16

real estate or dollars or euros or, you know, you sterling pounds,

00:31:16 --> 00:31:17

whatever it is, but

00:31:19 --> 00:31:20

you know, one of the things I

00:31:21 --> 00:31:24

I emphasize to people, it should be something, right? There

00:31:24 --> 00:31:26

shouldn't be like, no, no, we don't need a dowry, just forget

00:31:26 --> 00:31:29

about it, we're not gonna know you have a dowry, even it's a little

00:31:29 --> 00:31:31

bit about but you name something because there has to be something

00:31:31 --> 00:31:35

that is named. And sometimes people say, well, the data will be

00:31:35 --> 00:31:39

that our teacher sorted by color or something like that. This is a

00:31:39 --> 00:31:43

little controversial, because you can say, well, that's worth value

00:31:43 --> 00:31:46

in money. And some terms of, you know, someone might get paid to do

00:31:46 --> 00:31:51

that. But I don't recommend it. It should be something tangible,

00:31:52 --> 00:31:55

right? And something and also the Medicare, say that Hulu to whom

00:31:55 --> 00:32:01

and do what attracts you to whom accrue, which means to pay it all,

00:32:01 --> 00:32:04

at the time of the marriage contract rather than having a

00:32:04 --> 00:32:06

deferred portion. And

00:32:07 --> 00:32:10

if you defer it without a specific date, it's not allowed in the

00:32:10 --> 00:32:13

medical school. So it has to be deferred, if you're going to defer

00:32:13 --> 00:32:17

a portion of it to a specific date, not defer to whatever the

00:32:17 --> 00:32:21

later model will defer to a specific time and the Medicare

00:32:21 --> 00:32:24

don't like deferment to begin with, even though it is become

00:32:24 --> 00:32:28

customary in some some cultures. So to have the full dowry, and to

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

be named and a specific amount is the best way to go.

00:32:37 --> 00:32:40

When literally, you heard that at the wall to Allah, Scotty he, like

00:32:40 --> 00:32:44

we said, and what is harmful here? I thought that they all agree like

00:32:44 --> 00:32:48

Scott Maha or salaat that we're not even going to consider it or

00:32:48 --> 00:32:53

pay it. No, this is or it's a, you know, a central aspect of the

00:32:53 --> 00:32:56

marriage, the contract itself, and so it should be agreed upon.

00:32:58 --> 00:33:02

Follow Tsuchida and the Chris sadhaka had the hustler who does

00:33:02 --> 00:33:06

email so doc will miss GABA feet of wheat, which is what this means

00:33:06 --> 00:33:06

to.

00:33:17 --> 00:33:20

Follow Socata and Victor Sadhak. So if they make no mention of the

00:33:20 --> 00:33:24

dowry, for whatever reason, have to hustle at the hole until they

00:33:24 --> 00:33:27

actually consummate the marriage, lazy mouse or dark when Miss

00:33:28 --> 00:33:32

then the husband has to pay a customary dowry. So often myth

00:33:32 --> 00:33:35

literally means what's customary for someone who lives where they

00:33:35 --> 00:33:39

live and for who's in the same socio economic situation as they

00:33:39 --> 00:33:42

are. This is called Silicon myth.

00:33:43 --> 00:33:46

So that's something that could be determined if there's a judge and

00:33:46 --> 00:33:49

you have access to data or by a scholar who can determine you

00:33:49 --> 00:33:53

know, girls around here usually they get you know, $1,000 or 1000

00:33:53 --> 00:33:56

euros or 500 euros or that's usually what they get as a dowry

00:33:56 --> 00:33:59

and then that's what he has to pay. So either way it has to be

00:33:59 --> 00:34:03

paid come off with off weed which is what this means to

00:34:07 --> 00:34:08

you I think first off what he means stuff with.

00:34:40 --> 00:34:43

Not sure actually I don't want to say what that is. Exactly. So

00:34:43 --> 00:34:44

let's skip that for now.

00:34:47 --> 00:34:50

But I think that we do have weed in other words they make a

00:34:52 --> 00:34:53

the mentioned there is a marvelous

00:34:55 --> 00:34:59

how much it is an admirable forward ala xojo Illa is out

00:35:00 --> 00:35:03

As they decide at a later date, what would you say is what this

00:35:03 --> 00:35:07

means to Allah, this means to our actually mentioned specifically

00:35:07 --> 00:35:13

what it is, is better. And the, one of the comments here in the in

00:35:13 --> 00:35:15

the footnotes which is important is

00:35:18 --> 00:35:23

there is kind of a hero or like a phenomenon that sometimes though

00:35:23 --> 00:35:27

mention a very small amount for the Mahara and, and what Agile

00:35:27 --> 00:35:29

will, that's what's going to be paid right in time. And then he

00:35:29 --> 00:35:34

put a huge amount in the mohar. A huge amount, and then what

00:35:34 --> 00:35:38

occurred means something that is, you know, multiple times as big,

00:35:38 --> 00:35:44

so they'll say, $100 right now, and then, the more agile, the more

00:35:44 --> 00:35:47

Aha, the different Diary will be like $10,000.

00:35:48 --> 00:35:52

And kind of the idea behind this is almost like

00:35:53 --> 00:35:57

an alimony. So it's, it's for so the husband will think twice about

00:35:57 --> 00:35:58

divorcing

00:35:59 --> 00:36:03

because then we'll have to pay up. But the actuality is it's due

00:36:03 --> 00:36:05

either way, whether they divorce or he dies, it's still going to

00:36:05 --> 00:36:09

come out of his inheritance separate from her inheritance from

00:36:09 --> 00:36:13

him. And then the problem was sad isn't we've actually heard cases

00:36:13 --> 00:36:16

like this is since the husband realizes you have to pay so much

00:36:16 --> 00:36:19

and he doesn't want to pay it, then he may purposely make the

00:36:20 --> 00:36:23

life of the wife miserable, so that she will seek what's called a

00:36:23 --> 00:36:28

cola. And hola means that she seeks to divorce when she seeks a

00:36:28 --> 00:36:32

divorce, then he can, she can request something in return. And

00:36:32 --> 00:36:33

usually that's something in return is

00:36:35 --> 00:36:37

they will pay to defer dowry.

00:36:38 --> 00:36:42

So, he kind of makes her life miserable. She says, Give me Cola,

00:36:42 --> 00:36:45

He grants it, she's off, she's off on her way and he gets out of

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

paying the deferred dowry. And this is

00:36:49 --> 00:36:51

not with the objectives of marriage to begin with. This

00:36:51 --> 00:36:57

doesn't meet the objectives of the marriage. So it was not known in

00:36:57 --> 00:37:00

the early period of Islam that people made a deferred dowry it's

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

something that came later and the Medicare don't like it. So

00:37:06 --> 00:37:09

why as you move ahead on our sadati fitness Murthy wakatobi he

00:37:09 --> 00:37:12

was really like we said that agile

00:37:20 --> 00:37:24

so if when they mentioned the sadhaka at least they should be

00:37:24 --> 00:37:28

agree upon what it is how much and if there's going to be the third

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

portion even though it's disliked when is it going to be due

00:37:31 --> 00:37:34

and it can't be due at some date that is undetermined like when we

00:37:34 --> 00:37:38

divorce or when I die say a month from now two months from now a

00:37:38 --> 00:37:41

year from now whatever it is, it has to be something that is

00:37:41 --> 00:37:42

specific

00:37:44 --> 00:37:48

with Emily COVID who I will note when it's a little bit dark

00:37:53 --> 00:37:56

and she's entitled to it when they

00:37:58 --> 00:38:00

when they concentrate or when he dies

00:38:04 --> 00:38:09

when this will with Allah and also half if they divorce before

00:38:10 --> 00:38:13

before consummation she's entitled to half of it if the after

00:38:13 --> 00:38:15

consummation then she's entitled to entire thing.

00:38:17 --> 00:38:21

Well, yeah, Hello, welcome to the metros, ZODB Masha Mina Zhou Jetty

00:38:21 --> 00:38:23

il wa with doober.

00:38:25 --> 00:38:28

So, one line here about kind of the sexual etiquette

00:38:30 --> 00:38:34

where your Hulu will actually and it becomes permissible or legal

00:38:35 --> 00:38:39

and legitimate, valid contractor matters, zilch. B. Mattia, in

00:38:39 --> 00:38:44

Minnesota, it was OSHA, Minnesota because Eric, right, so they are

00:38:44 --> 00:38:47

free to enjoy one another except for * *.

00:38:50 --> 00:38:52

And generally speaking, anything outside of that is permissible.

00:38:53 --> 00:38:54

There are some Hadith

00:38:55 --> 00:39:00

that seemed to indicate that looking at the private part of

00:39:00 --> 00:39:03

one's wife or one's husband may be disliked, but no one said it's

00:39:03 --> 00:39:07

harder. So even if that and some of the folklore has said it's

00:39:07 --> 00:39:09

permissible, that there's no issue with it.

00:39:10 --> 00:39:14

So even touching those areas and so forth, is completely

00:39:14 --> 00:39:18

permissible. The only thing that is impermissible is *

00:39:18 --> 00:39:20

via the *, along

00:39:22 --> 00:39:27

with that filter about to rock in at the lady facet, Allah whom in

00:39:27 --> 00:39:28

mystery

00:39:29 --> 00:39:34

and It's haram. Here the hitbox means to be to try to engage a

00:39:34 --> 00:39:38

woman for marriage and rocky Anna, the one who has already agreed or

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

is engaged already. In other words, she they didn't

00:39:43 --> 00:39:47

do the marriage contract, but they have kind of a an agreement in

00:39:47 --> 00:39:51

place that they intend to get married. So that room how do you

00:39:51 --> 00:39:55

need to try to go and seek out and marriage Lady first

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

except if

00:40:00 --> 00:40:01

The person is a facet

00:40:02 --> 00:40:05

in motherhood on Ovaltine, on Jani, and motherhood unfit are men

00:40:05 --> 00:40:06

of color.

00:40:07 --> 00:40:10

So the first step here is someone who has a corrupt individual. And

00:40:12 --> 00:40:13

you know, the way to look at this is

00:40:17 --> 00:40:21

sometimes women who wants to get married and someone comes in they,

00:40:21 --> 00:40:26

they agreed to them, but they may not be an upright person, they

00:40:26 --> 00:40:29

could be fast. So if there's someone who was fast outwardly and

00:40:29 --> 00:40:32

is known to be that way, not spying on them, but they're known

00:40:32 --> 00:40:35

to be, you know, a user of illicit drugs or a drunkard or the you

00:40:35 --> 00:40:39

know, or they get high a lot, or they don't pray or anything like

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

this.

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

And the

00:40:42 --> 00:40:45

girl perhaps is settling for someone like that, then in this

00:40:45 --> 00:40:48

case, one can try to see if there's still a possibility

00:40:50 --> 00:40:53

to get married to her, especially if you're not a facet, right? If

00:40:53 --> 00:40:56

you're trying to do your best, and you really have your heart set on

00:40:56 --> 00:40:59

this girl, and you feel like she's gonna go the wrong way, then

00:40:59 --> 00:41:02

surely I hear the Medicare telling, well give it a try. See

00:41:02 --> 00:41:06

what happens. And perhaps, you know, you save this girl from this

00:41:06 --> 00:41:07

corrupt person, although

00:41:10 --> 00:41:15

what the CFO will sit with the the water that he almost Avati, Ilam,

00:41:15 --> 00:41:17

chacun, Waje, vallotton Illa follow Lee.

00:41:19 --> 00:41:23

Also, the three will set the bar, and other words, to try to engage

00:41:23 --> 00:41:26

someone who is in their head, or in their waiting period.

00:41:30 --> 00:41:33

This is also haram, what you can do, and they said in the books is

00:41:34 --> 00:41:38

to attend, we are doing a toss, that we means kinda just give a

00:41:38 --> 00:41:42

hint, you know, you sent her flowers, or something like that.

00:41:42 --> 00:41:46

Or you say, you know, I think you'd make a good marriage

00:41:46 --> 00:41:52

partner, or, you know, someone who said to pronounce love, they said

00:41:52 --> 00:41:55

is that we cannot possibly, I think that's totally I have to be

00:41:55 --> 00:41:59

honest with you. That seems very overt. But the they said, you

00:41:59 --> 00:42:02

know, it has to be specifically saying, I come here to marry you,

00:42:02 --> 00:42:06

I want you to marry me. So if she's still on her head, hold your

00:42:06 --> 00:42:09

horses a little bit, you know, wait for the waiting period to

00:42:09 --> 00:42:13

expire. And then you know, I wish it was like that we usually have

00:42:13 --> 00:42:17

the opposite. Usually, when women in our communities get divorced,

00:42:18 --> 00:42:20

it's like the no one was interested in marrying them. So I

00:42:20 --> 00:42:23

wish there were people lining at the door who are waiting for the

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

waiting period to expire to seek to merit

00:42:28 --> 00:42:32

for an alpha fee, what the outer leather, the fee here are what the

00:42:32 --> 00:42:35

about the hammer standard and the lyrical athlete, the ability to

00:42:35 --> 00:42:37

hurry. And this we were talking about earlier,

00:42:38 --> 00:42:41

to be the honeymoon. So if someone marries someone in the waiting

00:42:41 --> 00:42:46

period and cancel mates, or does the Mocha Demet. So not full

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

consummation, but there's some sexual

00:42:49 --> 00:42:50

act between them.

00:42:51 --> 00:42:57

Or they do that contract within the waiting period. And then they

00:42:57 --> 00:43:01

consummate after Mustang it an identical act to this invalid

00:43:01 --> 00:43:03

marriage contract that having the waiting period to add better to

00:43:03 --> 00:43:08

him. Right, then they will be held on to one another forever. And

00:43:08 --> 00:43:11

this was the method of said no amount under Medicare follow him

00:43:11 --> 00:43:14

in that the Schaffhausen 100. Thieves don't have that. But the

00:43:14 --> 00:43:15

Maliki said that'd be the

00:43:16 --> 00:43:20

in that case, well, no, the the hot button and ultimus indica,

00:43:20 --> 00:43:25

windy locked, and it is recommended to have a hot bath. In

00:43:25 --> 00:43:30

other words, just say a few words until TMS indica, right when one

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

is trying to get engaged. And under the awkward and at the

00:43:33 --> 00:43:36

marriage contract. Usually this is the Imam or the sheikh says it.

00:43:36 --> 00:43:40

But actually, as you notice here, there is no mention of an imam or

00:43:40 --> 00:43:44

a chef or someone to marry them. So literally, it can be just the

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

husband, the wife and the guardian. And then they're the

00:43:46 --> 00:43:50

ones saying the words. So the Imam or the Zune or whatever he's

00:43:50 --> 00:43:53

called, he's there just to kind of make sure the process goes

00:43:53 --> 00:43:56

smoothly, but he's not an essential aspect of the marriage.

00:43:57 --> 00:44:01

He's just kind of like, there to set the guidelines and make sure

00:44:01 --> 00:44:03

things are done properly, and so forth.

00:44:06 --> 00:44:08

With off, we have already locked this idea.

00:44:10 --> 00:44:15

Also, it's no debate and it's recommended that the wedding of

00:44:15 --> 00:44:18

the girl or the bride, you follow the armor in other words, he

00:44:19 --> 00:44:23

deputizes or a or gives agency to someone who's assaulted someone

00:44:23 --> 00:44:27

they think is like an honorary thing at the time of the marriage.

00:44:27 --> 00:44:30

At the time of the contract, you know, this year or this? Maybe the

00:44:30 --> 00:44:34

grandfather or an uncle or someone who's you know, it's like a

00:44:34 --> 00:44:36

customary honorary thing to do for them.

00:44:37 --> 00:44:41

What are they doing Nikka you can we can do follow Adam, and also to

00:44:41 --> 00:44:47

have our land, which is to have some sort of public statement,

00:44:47 --> 00:44:50

public reception public celebration of the marriage is

00:44:50 --> 00:44:52

also highly recommended to do

00:44:53 --> 00:44:57

well longtime alum, Robert datamine. And we'll stop here

00:44:57 --> 00:44:59

until the next time, instead of like, Well how about again

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