Walead Mosaad – Tadrib AlSalikMaliki FiqhClass 33 Annulment & Marriageable Relations

Walead Mosaad
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The conversation covers various topics related to marriage, including problems related to marriage, the need for acceptance of marriage, and the importance of methodical approach to marriage. The speakers emphasize the need for acceptance and privacy in the legal system, as well as the importance of avoiding double marriage and avoiding closed family relationships. They also mention various schools and principles related to marriage, including the rules of morality and the Sharia Sharia.

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			I
		
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			said I'm gonna get smaller from
other human hamdu Lillahi Rabbil
		
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			Alameen Allahumma Salli wa Sallim
wa Barik. I remember. I mean, so
		
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			you didn't know how have you been
called? I'll tell you Nina Mahajan
		
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			interfered with me and sad when
they
		
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			were having an idea while you're
solving Manuela from my mother. So
		
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			Hamdulillah we continue reading
from the book to three dB Celica
		
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			the correct acapella metallic
which is basically an abridgment
		
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			of an abridgment of an abridgment.
So, the
		
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			the more timet or Kitab and fatwah
or the main book of legal rulings
		
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			in the Maliki school, and has been
for centuries now is the mythos of
		
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			actually
		
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			the abridgement of Fidel and in
turn, remember the idea of the
		
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			late 18th century 12th century
Hitler did his own mythos are
		
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			called Corbin Masonic, and now in
the 20th century,
		
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			show how the disease bin Hamad El
Sheikh Mubarak, from ESET, Eastern
		
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			Saudi Arabia, or Eastern Arabia
did the matassa have our carbon
		
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			metallic, and all of these more
facade all of these arrangements
		
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			are based upon the main books that
were essentially books of rewire
		
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			books of Malik's opinions in
Amharic, unlike the
		
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			other schools of thought,
		
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			had students for nearly 50 years
continuously when his time in
		
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			Medina and throughout these 50
years of his teaching, students
		
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			would come from far away and they
come from close by they come from
		
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			as far away as an endless as
Spain, in the West and from Iraq,
		
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			and even beyond Iraq, in the east,
and they would come from Egypt and
		
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			they would come from Medina
they're come from Mecca and so
		
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			many volumes. Mmm Qaddafi says 150
volumes of Imam Malik Citywire
		
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			have his opinions, his legal
opinions have been recorded. So
		
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			the process of synthesizing and
sifting through these legal
		
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			opinions fell to the students of
Malik and to the students of the
		
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			students of medic and so forth. So
they took the form later on in
		
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			these these arrangements in the
development of the medical school,
		
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			unlike, let's say the shelf High
School remember shelf I didn't
		
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			actually
		
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			leave behind nearly as much in
terms of legal opinions. But he
		
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			what he did leave behind was the
rules by which the students of a
		
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			Sharpie and others can then
extrapolate the rules, from his
		
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			own opinions and from the Quran
and Sunnah. And that's why he's
		
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			largely credited with
		
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			documenting the rules of assorted
filth, or Islamic legal theory
		
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			juristic legal theory, though the
same can be said of the medical
		
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			school, but their concentration,
their focus, not that they didn't
		
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			have legal rulings or theory
behind their legal rulings.
		
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			Certainly Imam Malik did, but what
he left behind was his students
		
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			and the rewired. And all of these
many opinions of the school. So
		
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			two different approaches, but
		
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			for the vast majority of opinions,
they arrived at the same result.
		
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			So you find that,
		
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			you know, when, when you're trying
to get at the truth, and you may
		
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			take different routes to get
there, but you essentially arrive
		
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			at the same place. So Hamdulillah,
Islam hamdullah, for the blessing
		
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			of Islam and for the blessing of
the Allah map. And if data for
		
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			Allah, as has been said, Rama, the
difference of opinions amongst the
		
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			parliament is a Rama, it's a
mercy. And we should see it as
		
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			such. And that's something that
needs to be
		
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			to be getting rid of or to be to
be ashamed of, or somehow some
		
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			sort of mistake, no, this, this
difference of opinion, this
		
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			diversity, I would call it
diversity of opinion and diversity
		
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			of thought, is something that
makes that enriches the tradition
		
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			rather than something that
		
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			demoralizes it or otherwise
renders it irrelevant, in fact,
		
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			that diversity itself is built
into it, our ways by which we can
		
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			keep this tradition alive and
relevant and so forth. So we've
		
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			been reading from the second
quarter of the legal rulings, and
		
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			we had mentioned before that
they're essentially four parts or
		
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			four sections, the first section
being a bad acts of worship, which
		
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			we covered hamdulillah we're in
the second section now that's
		
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			dealing with
		
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			issues of what they call HFC or
personal affairs, and this is
		
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			primarily marriage and divorce and
child custody and things attached
		
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			to family law more or less. And
the third one, which would be
		
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			commercial and transaction law,
and the fourth one would be
		
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			law of
		
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			A criminal punishments and things
that would be specific to a court
		
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			system. So, we have been reading
about marriage. And we covered the
		
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			very basics of that. And we're
still in it. And now in this
		
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			section, we will look at that
which necessitates or otherwise
		
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			allows for annulment, which is
called fast in Arabic.
		
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			So it's not the same as divorce.
Essentially, what fescue means or
		
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			annulment is that the conditions
		
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			that were needed to be there prior
to the marriage, essentially,
		
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			we're not there. And so that a
marriage took place that was
		
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			essentially invalid. So this is
called
		
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			first.
		
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			And if it's discovered after the
fact, depending upon whether there
		
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			was consummation of marriage or
what the actual
		
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			reason for a moment would be,
there'll be different courses of
		
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			action depending upon that. So he
says here, share first fi Mooji
		
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			Belfast, so the section dealing
with that which necessitates or
		
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			allows for at first or annulment
of the marriage.
		
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			Your whole Rahima hello and
everyone morning during me know
		
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			that I know Uncle You have several
Nikka who either tell Lachlan Oh,
		
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			Sharlto me Massa.
		
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			So the Nikka, which is the
marriage contract or the marriage
		
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			itself, you have Sir, who is an
old either then Roquebrune
		
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			outshot, if something that is an
essential
		
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			aspect of the marriage and
essential of the marriage, or a
		
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			condition for the marriage to be
valid. If any of those two there
		
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			is some sort of what he says Delia
and Helen. In other words, a
		
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			defect in any of those two things,
then the marriage can be an old
		
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			and you give some examples.
		
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			For example, Kenyatta will lock
the abdomen, our rim, Oh, yeah.
		
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			Kabhi do any job in our Cabul.
		
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			So he said, for example, if this
was in their time, if there was a,
		
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			someone who was in there
themselves in a state of bondage,
		
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			and they are the, the wily, they
are the ones who are
		
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			seen as the guardian, rather than
the say it rather than the one who
		
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			holds the bond made in their
possession. So if the father is to
		
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			do that, and he is a slave, for
example, then that marriage
		
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			certificate is considered to be
invalid. I will know Him
		
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			or if any of the parties are in a
state of haram, right? Because we
		
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			said when you're in a state of
haram, that also this allows for
		
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			marriage to proceed, you have to
be outside of it, how many? How
		
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			long is the state you're in, when
you are on your way to Mecca to
		
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			make the Hajj or the ombre. So the
Woodmen INFICON haram, that you
		
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			have to have made the Wofully
father in the case of Hajj, for
		
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			the Haram then to be and then
cutting of the hair shaving of the
		
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			head to be released from Iran, or
in the Amara also to do the toe
		
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			off and then the sigh and then the
cutting of the hair. And then
		
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			you're out of the Haram after
that. So it have to take place
		
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			after that, oh, you're gonna be
doing the job in COBOL.
		
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			And we said from the essential
aspects of marriage is that there
		
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			has to be an offer of marriage and
acceptance of marriage. So if one
		
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			of those two is not done right or
properly at all, then also the
		
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			marriage is considered to be Mfu
or invalid. So the family or the
		
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			father has to offer marriage and
then the husband and the groom has
		
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			to accept so if he doesn't accept
it's not a marriage, right? So
		
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			it's an essential broken or
aspect.
		
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			In terms of dowry, which also is
essential. There is what we call
		
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			tough seal is going to be
depending upon the situation,
		
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			which is going to bring up in a
second.
		
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			While Murad mean a hottie Hema
Maria
		
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			finsa hammadi.com The first
Khalifa but will you sir, who
		
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			called the holy warriors go to
battle here and sickness. So
		
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			here's not the flu or the cold
sickness in terms of something
		
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			that would be a man Yeah, that
would be a preventive for
		
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			conservation to take place or
would be considered something had
		
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			the parties known about it
beforehand. They would not be
		
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			interested in the marriage. So
		
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			you know, if the man is impotent,
for example, this would be
		
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			something
		
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			that he cannot perform the
consummation of the marriage. And
		
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			if he's unable to do that, then he
shouldn't be getting married in
		
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			the first place unless with with
the family's knowledge or with the
		
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			wife's knowledge and they're okay
with that. Basically to have a
		
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			marriage without consultation,
then that's up to them. But that
		
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			shouldn't be hidden. That will be
considered like a muddled or fatal
		
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			flaw which would then allow the
marriage
		
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			To be an old, or the reverse, if
the woman for whatever reason, has
		
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			issues with her anatomy, such as
that concentration can take place
		
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			penetration can take place, then
also, that would be something that
		
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			would be grounds for the marriage
to be an old. And I would also add
		
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			to this
		
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			mental illness. Sometimes it's not
uncovered until after, and I don't
		
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			mean, someone who's prone to anger
or something like that, but real
		
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			mental illness, you know, to the
degree that it would
		
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			you know, others other otherwise
render, one of the two parties,
		
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			you know, completely surprised
about, you know, the state of the
		
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			mental illness. So true mental
illness, like it could be Junoon,
		
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			as they mentioned, here,
		
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			you know, that someone is a state
of,
		
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			you know, not aware of their
surroundings. So if someone's not
		
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			aware of the surroundings, or what
day it is, or who this person is,
		
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			or who that person is, that's
considered for chronolock a
		
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			complete loss of intellect. And so
that also, if that was hidden,
		
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			that would be a preventive of,
		
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			of the marriage. And, you know,
there's some modern things that
		
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			can be added to that as well. And
I would say anything, you know,
		
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			nowadays where conservation can
take place, and a fairly normal,
		
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			balanced marriage can take place.
So if one of the partners is
		
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			asexual has no sexual desire at
all, or has sexual desire for the
		
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			opposite *, for the same * and
not for their marriage partner,
		
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			and then therefore don't want to
consummate the marriage, that also
		
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			would be something that is, I can,
I think would be grounds for
		
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			annulment of the marriage. So he
says here,
		
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			I've modeled him in the humane
manner. So from one of them as a
		
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			man as a preventive insanity,
blood vessels habit. However, if
		
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			whatever illness is there, that
would be a preventive
		
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			is, is lifted, before the judge
can declare the marriage to be
		
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			invalid, right, because this
requires a judge. So not you know,
		
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			the local Imam is going to make
the marriage invalid. Or
		
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			Ahmed who lives down the street
because you read a book in fifth,
		
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			no, it takes
		
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			a judge to do so. And if there's
no judge, and you don't live in
		
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			that society, then it will take
some sort of formal process by
		
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			which that to be done. So if the
person one of the two parties
		
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			becomes their illnesses relieved
before the first before the
		
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			annulment, then they are to stay
together and there's nothing to do
		
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			after that. Terms of illness.
Well, you have several copies of
		
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			the holy with due to bad who will
your circle correlate to who and
		
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			also if before consummation, then
the marriage is
		
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			is to be an old? If they find out
about this and the marriage has
		
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			been consummated, then the
marriage has to be an old Well,
		
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			yes, we'll talk about the who,
		
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			however, if how the marriage
		
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			was consummated, so it wasn't
something that prevents
		
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			consummation, but there's some
other type of reason, other type
		
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			of sickness, then the marriage is
valid, and then they'd have to
		
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			seek the other ways if they don't
want to continue which would be
		
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			divorce. Or Hula, hula which we'll
get to which would be the wife
		
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			requesting a divorce
		
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			will have been the holy So doc
will miss the FICO linic and
		
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			Hustler fee so that he can
gradually you know heal our
		
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			country he allegedly Oh Sheltie
Allah yuck similar.
		
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			I will learn how they are much
better Derek and Phil mobile
		
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			wallet.
		
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			So, now he's talking about the
dowry, or the Sadhak or the MaHA
		
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			Lahab it the holy. So that will
miss Leif equally Nikka hustler
		
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			fee sadati Khaled. So lahat means
for the wife with the whole with
		
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			conservation. So that when Miss
Lin we talked about this before so
		
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			often miss or what would be
considered a comparable reasonable
		
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			dowry, for people of her age,
socioeconomic status, neighborhood
		
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			so forth.
		
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			Other words, for lack of a better
word, the going rate, you know,
		
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			for someone of similar background
and similar age and similar
		
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			everything.
		
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			So if there's any fellow right if
there's any sort of
		
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			problem with the dowry, either it
wasn't mentioned.
		
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			Or it wasn't said what type are
you going to pay cash is going to
		
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			give some sort of gift? How much
or it was made without an agile,
		
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			agile means you didn't say when
you're going to pay it.
		
00:14:53 --> 00:14:59
			Oh, some conditions that are
invalid. Like that. I won't give
		
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			her that.
		
00:15:00 --> 00:15:01
			Sorry, I only marry on the
condition I don't give you a
		
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			dowry. That's an invalid
condition? Or are they here or on
		
00:15:05 --> 00:15:09
			the condition that I want spend
upon you that I won't keep
		
00:15:09 --> 00:15:14
			maintain your upkeep also is an
invalid condition. What am I? Why
		
00:15:14 --> 00:15:17
			am I Smith Eric right and other
types of conditions that would be
		
00:15:17 --> 00:15:20
			contrary to the idea of of the
marriage.
		
00:15:27 --> 00:15:29
			And Marik was kind of strict on
this.
		
00:15:30 --> 00:15:34
			He didn't like the idea of even if
the two parties agreed, and the
		
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			husband said, Well, I don't have
money to spend on you, you spend
		
00:15:36 --> 00:15:39
			on me, and we agree what's
sometimes referred to in modern
		
00:15:39 --> 00:15:40
			times, as soon as you miss er,
		
00:15:41 --> 00:15:45
			Malik didn't like that even some
other schools of thought if there
		
00:15:45 --> 00:15:49
			is to wafak if there was
agreement, then they may allow it
		
00:15:49 --> 00:15:51
			but a medic saw that as contrary
to
		
00:15:53 --> 00:15:58
			the idea. And the very purpose of
marriage although Adam,
		
00:15:59 --> 00:16:01
			while you do ruhuna Yes, you will
		
00:16:02 --> 00:16:07
			get and use the call her up, then
I will Jamela and baby when he was
		
00:16:07 --> 00:16:08
			when What the * was that means
Eric.
		
00:16:11 --> 00:16:13
			And he said here, a little bit of
uncertainty
		
00:16:14 --> 00:16:15
			is allowable.
		
00:16:16 --> 00:16:19
			Right. I mean, we live in times,
now everybody's gonna mention in
		
00:16:19 --> 00:16:21
			terms of euros or dollars or
something like that. But back
		
00:16:21 --> 00:16:25
			then, in certain cultures, they
would say, I'll give you a camel,
		
00:16:26 --> 00:16:26
			or
		
00:16:27 --> 00:16:30
			I'll give you something really
nice. Or I'll give you a horse
		
00:16:30 --> 00:16:36
			without a wass without specify
what type of camera how old, how
		
00:16:36 --> 00:16:40
			expensive, so forth. So this is
called the Sierra Nevada, which is
		
00:16:40 --> 00:16:44
			a small amount of uncertainty. And
so marriage, unlike
		
00:16:45 --> 00:16:50
			buying and selling, is not what
they say, based on an OSHA
		
00:16:50 --> 00:16:54
			standard mukaiyama. So Shahar
means when you're buying and
		
00:16:54 --> 00:16:58
			selling something, it's
competitive in nature, the buyer
		
00:16:58 --> 00:17:02
			always wants to get as much as
they can for what the seller
		
00:17:02 --> 00:17:03
			wants, you're always as much as
they want, what they're selling.
		
00:17:04 --> 00:17:06
			And the buyer wants to pay as
little as they can. And every
		
00:17:07 --> 00:17:10
			every transaction is always going
to be like that there's, you know,
		
00:17:11 --> 00:17:14
			you know, between different types
of people and different
		
00:17:15 --> 00:17:19
			cultures, everybody wants to get,
you know, the best deal that they
		
00:17:19 --> 00:17:21
			can get, whether you're the buyer
or the seller, and that's
		
00:17:21 --> 00:17:24
			business. That's commercial
transaction. So this is not a
		
00:17:24 --> 00:17:27
			commercial transaction. Right?
It's mukarram. It's based upon
		
00:17:27 --> 00:17:31
			carnavon generosity. So if they go
and they mentioned that they
		
00:17:31 --> 00:17:35
			didn't, you know, they specify
what type of camo. So let's say in
		
00:17:35 --> 00:17:38
			the case of a dispute, he says,
I'm going to give you a really
		
00:17:38 --> 00:17:43
			nice camo. This one is, you know,
great a top of the line
		
00:17:44 --> 00:17:47
			distinction going to desert for
days, it's awesome, blah, blah,
		
00:17:47 --> 00:17:47
			blah.
		
00:17:48 --> 00:17:52
			Or that was his expectation. We
didn't specifically mentioned that
		
00:17:52 --> 00:17:55
			and then she gets a camel and it
turns out to be this kind of looks
		
00:17:55 --> 00:18:00
			like rundown old, undesirable
camel, then here's a dispute. So
		
00:18:00 --> 00:18:04
			in case of this dispute, then they
would bring this to the judge. And
		
00:18:04 --> 00:18:07
			here he would say, Well, I had
wasa to metallic and what's
		
00:18:07 --> 00:18:10
			Ottoman Derrick means she should
get something that is kind of
		
00:18:10 --> 00:18:13
			middle of the road. So not
necessarily top of the line if
		
00:18:13 --> 00:18:17
			that wasn't mentioned, nor the
worst thing but something that
		
00:18:17 --> 00:18:18
			were considered to be
		
00:18:19 --> 00:18:23
			reasonable in terms of the
conditions and the culture and
		
00:18:23 --> 00:18:24
			price and all of that sort of
thing
		
00:18:34 --> 00:18:37
			we'll use a hook up that the Holy
Grail yes with toolbar
		
00:18:38 --> 00:18:42
			the tool if you select muscle your
teammates rooms a widget builder
		
00:18:42 --> 00:18:46
			hopefully Allah will reroute any
attends the widget be related I
		
00:18:46 --> 00:18:48
			met in wholesome
		
00:18:50 --> 00:18:55
			la Mujibur Wolfie Nica has served
our Lady also xojo shahada, we
		
00:18:55 --> 00:18:55
			catch me.
		
00:18:59 --> 00:19:03
			So there are some heroes specific
specifying a specific type of
		
00:19:03 --> 00:19:05
			scenario, which is,
		
00:19:08 --> 00:19:12
			you know, one, one, would it be an
old before consummation and one
		
00:19:12 --> 00:19:14
			wouldn't be allowed to continue
after consummation?
		
00:19:15 --> 00:19:17
			Because there's, that's two
different scenarios. So before
		
00:19:17 --> 00:19:21
			consummation, it's kind of like no
harm, no foul. So they're not
		
00:19:21 --> 00:19:23
			really married yet. And so
		
00:19:24 --> 00:19:29
			there's no no foul or harm done if
they were to another marriage
		
00:19:29 --> 00:19:32
			before even actually got started.
But once they consummate, and then
		
00:19:32 --> 00:19:35
			they've gotten you know, they've
been with each other, now it's a
		
00:19:35 --> 00:19:38
			marriage, then there's going to
harm that's going to come if
		
00:19:38 --> 00:19:41
			there's a normal at this stage,
and the harm principle is going to
		
00:19:41 --> 00:19:45
			come to the to the to the wife to
the bride. So, in this scenario,
		
00:19:46 --> 00:19:49
			the marriage can be allowed to
continue but to fix that, which
		
00:19:49 --> 00:19:50
			was,
		
00:19:52 --> 00:19:57
			you know, a contravention of the
of the condition or of the purpose
		
00:19:57 --> 00:19:59
			of marriage or of the cell, lock
them out all those those things.
		
00:20:00 --> 00:20:03
			So he says you have to hook up the
whole USB to bow to be totally
		
00:20:04 --> 00:20:08
			free set SMSA at any certain
amount of time. And that's
		
00:20:08 --> 00:20:12
			cultural how much time has passed
a month, two weeks today's up to
		
00:20:12 --> 00:20:17
			the judge. He said, as I said, in
three situations, you have to tune
		
00:20:17 --> 00:20:19
			the widget to be the whole family
her.
		
00:20:20 --> 00:20:24
			So if an orphan girl is married,
in other words by the person who
		
00:20:24 --> 00:20:26
			was in charge of the orphan, and
he married her off
		
00:20:28 --> 00:20:32
			without any sort of fear for her
well being and so forth, but he
		
00:20:32 --> 00:20:35
			married her off anyway, in other
words was in charge of the orphan,
		
00:20:35 --> 00:20:39
			then this would be an old before
conservation but allowed to
		
00:20:39 --> 00:20:41
			continue after conservation.
		
00:20:43 --> 00:20:46
			Well, hey, you know, the neat
things the widgets be relating
		
00:20:46 --> 00:20:49
			AMA, whether hos la mujer beer
		
00:20:54 --> 00:20:55
			so here for,
		
00:20:56 --> 00:20:59
			you know, one thing I need to
explain a little bit culturally
		
00:20:59 --> 00:21:01
			here, certain cultures.
		
00:21:02 --> 00:21:05
			And I think it's even kind of, if
we think about it might be
		
00:21:05 --> 00:21:10
			somewhat applicable today is, the
idea was to not, if people wanted
		
00:21:10 --> 00:21:12
			to get married was to make sure
that they had the ability and find
		
00:21:12 --> 00:21:13
			a way to get married.
		
00:21:15 --> 00:21:18
			And so, the well, he had, I would
say a larger role
		
00:21:19 --> 00:21:24
			in these pre modern cultures than
what he does today, you know,
		
00:21:24 --> 00:21:27
			whether it was the father of the
bride, or the uncle or whoever is
		
00:21:27 --> 00:21:32
			in charge of the bride, nowadays,
less less of a role, and the role
		
00:21:32 --> 00:21:37
			might even be more ceremonial. And
family's role in the marriage
		
00:21:37 --> 00:21:41
			itself might be a little bit more
ceremonial. And so the prospective
		
00:21:41 --> 00:21:44
			bride and groom, it's pretty much
left up to them to find the proper
		
00:21:46 --> 00:21:51
			partner in life. And that's, it's
proving, as we can see, in today's
		
00:21:51 --> 00:21:55
			world, a very difficult
proposition. Because
		
00:21:56 --> 00:22:00
			just like, societies are made up
of families and communities are
		
00:22:00 --> 00:22:03
			made up of families, then it's
going to be also the community and
		
00:22:03 --> 00:22:07
			the society that's going to help
people get married. And if the
		
00:22:07 --> 00:22:09
			community and the society is not
doing that, and it's left to
		
00:22:09 --> 00:22:12
			individuals to figure that part
out, then the likelihood of
		
00:22:12 --> 00:22:15
			marriage number one is much less.
And number two, the success of
		
00:22:15 --> 00:22:17
			such marriages will also be much
less
		
00:22:19 --> 00:22:23
			as I see it, so you know, they
kind of look to the family,
		
00:22:24 --> 00:22:27
			specifically, the willie or the
father to to have more of an
		
00:22:27 --> 00:22:32
			active role in, in getting their
their charges married, whether
		
00:22:32 --> 00:22:36
			it's their daughter or their niece
or someone in the community,
		
00:22:37 --> 00:22:39
			and that sort of thing. So
		
00:22:40 --> 00:22:44
			someone who's prospects aren't
that great, for whatever reason is
		
00:22:44 --> 00:22:48
			what he's mentioning here. So
we'll have a little Danny. So
		
00:22:48 --> 00:22:51
			Danny is one whose prospects
aren't the Great, the bride is not
		
00:22:51 --> 00:22:53
			that great. She should not be
		
00:22:55 --> 00:23:00
			married by someone who has with a
hammer. If there's within your
		
00:23:00 --> 00:23:03
			house, I would I am I mean,
someone of the community, know if
		
00:23:03 --> 00:23:06
			their father's around, or someone
of the families around
		
00:23:06 --> 00:23:10
			nonetheless, she gets married off
by someone else.
		
00:23:11 --> 00:23:15
			Who's not in that position of
having a specific we layer
		
00:23:16 --> 00:23:20
			guardianship over her, then this
would be an old it's grounds for
		
00:23:20 --> 00:23:23
			annulment before conservation, and
marriage continue after
		
00:23:23 --> 00:23:24
			consummation.
		
00:23:28 --> 00:23:29
			That means I'm
		
00:23:30 --> 00:23:34
			Donita, someone whose prospects
aren't that great. And she got
		
00:23:34 --> 00:23:37
			married to someone and then no,
let's say the father comes home
		
00:23:37 --> 00:23:41
			alone, or how does she get married
and what the uncle married her and
		
00:23:41 --> 00:23:45
			I'm the one who's supposed to do
it. And but it turns out that her
		
00:23:45 --> 00:23:48
			prospects won't be that great,
maybe she's older or whatever,
		
00:23:49 --> 00:23:52
			then the marriage is allowed to
continue. So you can see the
		
00:23:52 --> 00:23:57
			thinking behind it, a little Adam
of the Shara is to you know, try
		
00:23:57 --> 00:23:59
			to find the routes for happiness
for people and as much as that's
		
00:23:59 --> 00:24:03
			possible and to remove obstacles
in that way. So this would be an
		
00:24:03 --> 00:24:07
			obstacle, so to speak a lot.
That's how I read it.
		
00:24:08 --> 00:24:11
			So that's the second scenario and
the third scenario. In other
		
00:24:11 --> 00:24:14
			words, the scenarios by which
marriage should be an old before
		
00:24:14 --> 00:24:17
			consummation allowed to continue
after we've seen a cat has
		
00:24:17 --> 00:24:21
			surgery, or let the Elsa xojo
shahada be cat me.
		
00:24:22 --> 00:24:26
			And in secret marriages, and this
is the one where the husband or
		
00:24:26 --> 00:24:31
			the groom, instructed the
witnesses to keep it secret. Even
		
00:24:31 --> 00:24:34
			if it's to keep it secret from the
first wife. This I said in the
		
00:24:34 --> 00:24:35
			medical school
		
00:24:37 --> 00:24:41
			is grounds for annulment and it
invalidates the marriage. But
		
00:24:41 --> 00:24:44
			let's say the marriage already
happened on I'll have it assess
		
00:24:45 --> 00:24:48
			according to this, and the
marriage was consummated. Then in
		
00:24:48 --> 00:24:51
			this case, if they've been
together for a while, a month or
		
00:24:51 --> 00:24:54
			so then whatever the judge decides
then the marriage is to continue.
		
00:24:55 --> 00:24:58
			But obviously to fix the mistake,
which is an issue or shard means
		
00:24:58 --> 00:24:59
			everybody should know about it.
		
00:25:00 --> 00:25:04
			I know other schools of thought,
say things like you don't have to
		
00:25:04 --> 00:25:08
			tell the first wife, but Imam
Malik was, was very strict about
		
00:25:08 --> 00:25:11
			it. And one thing I'd like to
point out is
		
00:25:12 --> 00:25:16
			there's a difference between the
legalese, the legal aspect of the
		
00:25:16 --> 00:25:19
			law, and then what we should we
should actually do. Even the other
		
00:25:19 --> 00:25:23
			schools who say, you don't have to
doesn't mean that you shouldn't.
		
00:25:24 --> 00:25:28
			Doesn't mean that you shouldn't.
This, you know, I don't know any
		
00:25:28 --> 00:25:32
			woman, where if her husband
decided to get another wife would
		
00:25:32 --> 00:25:37
			not be somehow injurious to her.
It will be there's no question
		
00:25:37 --> 00:25:40
			about that. So to do it with if
you're going to do it, do it with
		
00:25:40 --> 00:25:46
			Sn. Sn means that, do it, you
know, out in the open, and let
		
00:25:46 --> 00:25:49
			them know about it and let them
you know, see what's going on and,
		
00:25:50 --> 00:25:52
			you know, otherwise to have like a
whole other family that they don't
		
00:25:52 --> 00:25:55
			even know about, and they found
out years later, so forth, at
		
00:25:55 --> 00:25:59
			least to the Maliki school. Imam
Malik greatly greatly frowned upon
		
00:25:59 --> 00:26:02
			that. And that's our email. The
Lord
		
00:26:05 --> 00:26:09
			will to Luffy heavy. We have
soulish Jihad well, for sure. Or
		
00:26:09 --> 00:26:14
			Phil detainee Acaba, the moldy so
let's see Nene. Oh, will we
		
00:26:14 --> 00:26:21
			leather model thing. So here, he
describes what is a tool. In other
		
00:26:21 --> 00:26:22
			words,
		
00:26:23 --> 00:26:26
			we said that after consummation,
how long has to pass by where he
		
00:26:26 --> 00:26:27
			can unroll it anymore.
		
00:26:28 --> 00:26:30
			And I said a month, but
		
00:26:31 --> 00:26:34
			here this author is saying a
portrait of the beholder and HDR
		
00:26:34 --> 00:26:39
			will show. In other words, we
Nikka has said so in a secret
		
00:26:39 --> 00:26:43
			marriage, people already found out
about it. A loss, it's it's like
		
00:26:43 --> 00:26:46
			it wasn't secret, then in that
case,
		
00:26:47 --> 00:26:49
			you know, after consummation, then
the marriage is not to be an old
		
00:26:50 --> 00:26:54
			will feel that any copula which
means an orphan that was married
		
00:26:54 --> 00:27:00
			and not in a proper way. Or
someone who has prospects or are
		
00:27:00 --> 00:27:05
			good but was married by a wedding
who was not her wedding costs was
		
00:27:05 --> 00:27:09
			not heard the first in line for
the Wilaya. Then these two cases,
		
00:27:09 --> 00:27:14
			be moldy. So let's see Nene. I
will we let them retain by three
		
00:27:14 --> 00:27:18
			years passing? Or if she had given
birth twice. That's what they call
		
00:27:18 --> 00:27:19
			a tool.
		
00:27:20 --> 00:27:23
			Again, this goes back to culture,
I would think a judge today might
		
00:27:23 --> 00:27:26
			not go by that you might go less
time to allow the marriage to
		
00:27:26 --> 00:27:30
			continue because many people will
not get pregnant twice. And three
		
00:27:30 --> 00:27:31
			years is kind of a lengthy time
		
00:27:32 --> 00:27:33
			to go like that. Oh,
		
00:27:35 --> 00:27:39
			well, first Huhtala Cohen Ilam
Yajima Allah FSHD he.
		
00:27:43 --> 00:27:46
			whackadoo who ensured huruma?
		
00:27:49 --> 00:27:54
			Well, motor vehicle blood vessel
usable Earth. So we'll first
		
00:27:54 --> 00:28:00
			Pollock in LEM Ujima LFSR D. So
the medical school has one of
		
00:28:00 --> 00:28:05
			these juristic principles called
morality left, where it left means
		
00:28:05 --> 00:28:08
			that all it takes into
consideration the diversity of
		
00:28:08 --> 00:28:12
			opinions even from other schools.
So the ruling may change depending
		
00:28:12 --> 00:28:15
			upon now this is one case, this is
an instance of it. So he says that
		
00:28:15 --> 00:28:20
			festival Pollock, so enrollment is
a type of divorce.
		
00:28:22 --> 00:28:25
			We call it an annulment But
technically, we don't really have
		
00:28:25 --> 00:28:31
			this thing called annulment, it's
divorce, right ylim Ujima al FSHD.
		
00:28:33 --> 00:28:39
			If there is no consensus that it's
facet, if there's no consensus
		
00:28:39 --> 00:28:42
			that it's an invalid marriage,
then it's called fast, right? And
		
00:28:42 --> 00:28:44
			then it's got an annulment. But
let's say another school of
		
00:28:44 --> 00:28:50
			thought, differs about whether
it's invalid or not, then we're
		
00:28:50 --> 00:28:54
			going to consider it Talaq walk
the WHO young children huruma.
		
00:28:55 --> 00:28:58
			Right, and the act of Delphi. So
		
00:29:00 --> 00:29:02
			if it's difference of opinion
about whether this marriage is
		
00:29:02 --> 00:29:05
			valid or not, and they get
married, then all of the rules
		
00:29:05 --> 00:29:08
			have to apply to a married couple.
So young children former that
		
00:29:08 --> 00:29:10
			means, you know, if it's
consummated, then
		
00:29:12 --> 00:29:14
			the man can't marry the daughter
of the bride ever. You know,
		
00:29:14 --> 00:29:15
			things like that.
		
00:29:16 --> 00:29:19
			What Emoto fee he cobbled firstly
usable if.
		
00:29:20 --> 00:29:24
			And also what's important about
this is that if one of the two are
		
00:29:24 --> 00:29:28
			to die before it's actually
invalidated or known by the judge,
		
00:29:28 --> 00:29:30
			then they inherit from one
another.
		
00:29:31 --> 00:29:32
			This is in the case of the
		
00:29:34 --> 00:29:37
			invalid marriages. Though invalid
in the medical school may be
		
00:29:37 --> 00:29:39
			considered valid in another
school, then it has to be
		
00:29:39 --> 00:29:42
			considered a marriage and it
normally has to be considered a
		
00:29:42 --> 00:29:46
			divorce. And that means if either
of the parties die before
		
00:29:48 --> 00:29:50
			there's a chance to another
marriage efficiently then they
		
00:29:50 --> 00:29:51
			inherit from one another.
		
00:29:53 --> 00:29:56
			This leader Phil Mooji, Maleficent
even no young children, hermit
		
00:29:56 --> 00:29:57
			Africa with the whole
		
00:30:01 --> 00:30:06
			As opposed to that which there's
consensus that it's facet for now
		
00:30:06 --> 00:30:10
			young children huruma Forgot with
the whole then the former right
		
00:30:10 --> 00:30:12
			which is the rules that apply to
married couples after in terms of
		
00:30:12 --> 00:30:13
			marrying other people.
		
00:30:14 --> 00:30:17
			This applies at the point of
consummation.
		
00:30:19 --> 00:30:22
			When they take sexual pleasure
with one another before that it's
		
00:30:22 --> 00:30:26
			considered an old and there's no
Hallmark and there's no
		
00:30:27 --> 00:30:31
			application of the rules that
apply to the sanctity of marriage
		
00:30:31 --> 00:30:35
			because they're not considered to
be married technically. Aloha.
		
00:30:42 --> 00:30:47
			So this read the next section
briefly also. FOSS fie Manero B
		
00:30:47 --> 00:30:50
			Nisa, EB nessa been also
highlighting Alibaba
		
00:30:51 --> 00:30:55
			and he just talked about karma.
And this is the section talking
		
00:30:55 --> 00:30:57
			about that. So once you marry
somebody, there's going to be
		
00:30:57 --> 00:31:01
			certain rules that apply of well
who can you marry at the same time
		
00:31:01 --> 00:31:06
			or after or never? Because of the
relationship you know, we have
		
00:31:06 --> 00:31:10
			with this particular person. So he
says FEMA, FEMA and Yahoo mean and
		
00:31:10 --> 00:31:15
			the SAP be net seven. So that
which is haram to marry from other
		
00:31:15 --> 00:31:20
			women BNSF right because of family
relationship, I will Sahara or in
		
00:31:20 --> 00:31:26
			law relationship or the law or
nursing, right? Rely means you
		
00:31:26 --> 00:31:29
			both nurse from the same breast
for example, then you would be
		
00:31:29 --> 00:31:34
			like brother and sister get
married. Yeah, hello, mommy Naseby
		
00:31:34 --> 00:31:37
			I'll also waffle soon well EFA
homework I will first name and
		
00:31:37 --> 00:31:42
			call us also added so Janie
overall, who was OG for solely
		
00:31:42 --> 00:31:42
			will solely
		
00:31:44 --> 00:31:48
			so in a way that you have to know
and first level us
		
00:31:50 --> 00:31:54
			says so here in terms of lineage
family relationship yahan will be
		
00:31:54 --> 00:31:59
			necessary I'll also will What is
it also your foundation, which
		
00:31:59 --> 00:32:00
			means
		
00:32:01 --> 00:32:04
			your mother, your grandmother,
your great grandmother,
		
00:32:05 --> 00:32:10
			this is called the soul walls soul
for solace those who came from
		
00:32:10 --> 00:32:14
			you, they are firstly from you. So
that would be your daughter, your
		
00:32:14 --> 00:32:18
			granddaughter, and her all on
down? Well, it Hawa
		
00:32:19 --> 00:32:21
			and your siblings, so your sister
		
00:32:24 --> 00:32:28
			and that also includes half
sisters. Right? You share a parent
		
00:32:28 --> 00:32:35
			then that's your sister. What? Oh
laddu home. Right and the children
		
00:32:35 --> 00:32:39
			of the siblings so this would be
nieces and nephews right so one
		
00:32:39 --> 00:32:41
			can't marry their niece and a
woman can't marry her nephew.
		
00:32:41 --> 00:32:44
			Well, I will do firstly mean
calling us
		
00:32:46 --> 00:32:52
			what I will firstly mean call us.
So we said last father's mother's
		
00:32:52 --> 00:32:53
			I will first
		
00:32:54 --> 00:32:55
			mean cooler us
		
00:32:57 --> 00:33:00
			right would be that which is a
branch from that which would be
		
00:33:00 --> 00:33:04
			their siblings. So that would be
your aunts and your uncles from
		
00:33:04 --> 00:33:05
			both sides.
		
00:33:06 --> 00:33:12
			We'll also add Zoey Janie will
photo and also the
		
00:33:13 --> 00:33:19
			parents of one of the Zodiac one
of the bride or the groom. So once
		
00:33:19 --> 00:33:22
			you marry the girl, you can't
marry the mother, which would be
		
00:33:22 --> 00:33:26
			the US and the Furuya which would
be the children so you can't marry
		
00:33:26 --> 00:33:29
			your wife's daughters. If you
consummate the marriage with her.
		
00:33:30 --> 00:33:31
			You can't marry
		
00:33:32 --> 00:33:36
			your wife's mother ever. Even just
the act even though just the
		
00:33:36 --> 00:33:40
			marriage certificate even if you
didn't concentrate it was only for
		
00:33:40 --> 00:33:42
			Saudi he was also the he
		
00:33:47 --> 00:33:50
			was ojeu for Sunni which would be
		
00:33:52 --> 00:33:56
			the marriage partners of your
children. So son in law daughter
		
00:33:56 --> 00:33:58
			in law can't marry them either.
		
00:34:00 --> 00:34:02
			What also the he
		
00:34:04 --> 00:34:05
			and the
		
00:34:12 --> 00:34:14
			was audited for school.
		
00:34:15 --> 00:34:17
			Oh, and also the marriage partner
of your parents like if your
		
00:34:17 --> 00:34:22
			mother remarried. So like your so
the daughter couldn't marry her
		
00:34:22 --> 00:34:27
			stepdad, for example. And the the
son couldn't marry the stepmother,
		
00:34:27 --> 00:34:34
			which would be the the wife of the
Father. And on up to that goes up
		
00:34:34 --> 00:34:38
			to the grandfather. So those Mina,
nessa and generally speaking,
		
00:34:38 --> 00:34:43
			those that you cannot marry are
also they can be or Muharram which
		
00:34:43 --> 00:34:44
			means relaxed
		
00:34:45 --> 00:34:48
			interaction in terms of clothing
and hijab and all that. So all the
		
00:34:48 --> 00:34:51
			ones that we mentioned, you also
the woman doesn't have to wear
		
00:34:51 --> 00:34:54
			hijab in front of them. So that
includes her father in law, and
		
00:34:54 --> 00:34:58
			that includes her son in law, for
example, but not
		
00:34:59 --> 00:34:59
			the cousins.
		
00:35:00 --> 00:35:02
			Lourdes you'd mentioned cousins
your first cousins can marry
		
00:35:02 --> 00:35:06
			second cousins can marry that also
means that you should not be
		
00:35:06 --> 00:35:11
			treating them like the relaxed
interaction of no hijab in front
		
00:35:11 --> 00:35:14
			of cousins and and this becomes an
issue sometimes in some families
		
00:35:14 --> 00:35:15
			in some cultures because usually
		
00:35:17 --> 00:35:20
			family gathering sometimes is seen
as almost like brother and sister
		
00:35:20 --> 00:35:23
			but you know, we don't go by
culture we go by the Sharia, and
		
00:35:23 --> 00:35:26
			the shell tells us that cousins
first cousins, second cousins, so
		
00:35:26 --> 00:35:30
			forth. All of them are
marriageable kin one can marry
		
00:35:30 --> 00:35:32
			them even though they're your kin
and misura same last name
		
00:35:35 --> 00:35:37
			what do we allow we'll miss flew
the lake.
		
00:35:40 --> 00:35:44
			So, we covered a NASA was Sahara
Sahara means that which is by in
		
00:35:44 --> 00:35:48
			law, so, we talked about mother in
law, son in law, so forth. Now, we
		
00:35:48 --> 00:35:51
			talked about and we talked about
lineage, or we law, that which is
		
00:35:51 --> 00:35:55
			you circled from the same breast,
what was our miscues, Eric Fatah
		
00:35:55 --> 00:36:00
			Romo Zosia to Ibni, he will be
here mineral alpha, I will talk to
		
00:36:00 --> 00:36:05
			who I met who who, so he said the
law is like this the same sort of
		
00:36:05 --> 00:36:05
			thing.
		
00:36:08 --> 00:36:15
			Further from xojo to ebene, he
will be he may not Roadhog. So,
		
00:36:15 --> 00:36:15
			the,
		
00:36:17 --> 00:36:20
			the wife here we're talking this
is interesting, the man, the wife
		
00:36:20 --> 00:36:21
			of the Son
		
00:36:24 --> 00:36:27
			and of the Father,
		
00:36:28 --> 00:36:33
			right, from redraw. In other
words, they circled together so
		
00:36:33 --> 00:36:34
			someone who is considered to be
		
00:36:36 --> 00:36:37
			who suckled with,
		
00:36:43 --> 00:36:47
			with with the son, for example, or
with the Father, so that there's a
		
00:36:47 --> 00:36:50
			relationship between them, then
that you cannot marry them for
		
00:36:50 --> 00:36:55
			Hola, aku. Our motto, while Hola,
right and even more, if you suffer
		
00:36:55 --> 00:36:56
			from the same breast.
		
00:36:57 --> 00:37:01
			So she's your sister and sister in
law means we both suffered from
		
00:37:01 --> 00:37:04
			the same breath breast in our
infancy before we were two years
		
00:37:04 --> 00:37:04
			old.
		
00:37:05 --> 00:37:07
			And we had a full suckling.
		
00:37:08 --> 00:37:12
			And that in that instance, then we
can never get married. And the
		
00:37:12 --> 00:37:16
			same for your Honda. So that means
someone who
		
00:37:18 --> 00:37:22
			you use son, you didn't suffer
from the same breast, but you have
		
00:37:22 --> 00:37:26
			relationship like as if she's your
aunt, because she cycled from the
		
00:37:26 --> 00:37:27
			same breast as your father.
		
00:37:29 --> 00:37:34
			So she's like your mama. She's
like your aunt, because her and
		
00:37:34 --> 00:37:37
			your father both suffer from the
same breast. So they're like
		
00:37:37 --> 00:37:41
			brother and sister. So that means
you can't marry her either. So all
		
00:37:41 --> 00:37:44
			of the relationships you mentioned
in the first one, right? If they
		
00:37:44 --> 00:37:47
			have been established between two
people who suckled together, their
		
00:37:47 --> 00:37:50
			brother and sister, then you look
to their kids, or their parents,
		
00:37:50 --> 00:37:54
			they also cannot get married,
based upon the riddle or the
		
00:37:54 --> 00:37:58
			suckling that they had together.
This gets confusing sometimes, but
		
00:37:59 --> 00:38:02
			you know, we don't really even
societies were at least in the
		
00:38:02 --> 00:38:06
			West, where people are kind of
doing that that often. But to do
		
00:38:06 --> 00:38:09
			more traditional societies and
still till today, it's going on
		
00:38:09 --> 00:38:12
			all the time. Right people will be
you know, sometimes you don't even
		
00:38:12 --> 00:38:16
			know who cycled with who and and
some of them will call that the
		
00:38:16 --> 00:38:18
			longer books in fact, they
actually have to,
		
00:38:19 --> 00:38:24
			you know, almost convened a
tribunal to find out is there a
		
00:38:24 --> 00:38:27
			relationship here or not what
happened 30 years ago, right,
		
00:38:27 --> 00:38:31
			these two people circle or not,
and, and so forth. So, one has to
		
00:38:31 --> 00:38:35
			be careful with, with that, I
think Insha Allah, Allah, Allah,
		
00:38:35 --> 00:38:39
			Allah will Adam who I mean, we'll
stop here in sha Allah. And the
		
00:38:39 --> 00:38:42
			next sessions we'll be looking at
Hola. And then beginning with
		
00:38:42 --> 00:38:48
			another halal, the most detested
of halal, the divorce but one that
		
00:38:48 --> 00:38:51
			is quite important because
unfortunately, it's something that
		
00:38:51 --> 00:38:54
			really is happening in our
communities. So we're gonna take
		
00:38:54 --> 00:38:58
			some time with that within a data
BarakAllahu call Mossad a little
		
00:38:58 --> 00:39:01
			call to come, was Salam Alaikum
Warahmatullahi Wabarakatuh