Walead Mosaad – Tadrib AlSalikMaliki FiqhClass 33 Annulment & Marriageable Relations

Walead Mosaad
AI: Summary ©
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.
AI: Transcript ©
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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.

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Oh, some conditions that are invalid. Like that. I won't give

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her that.

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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

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the condition that I want spend upon you that I won't keep

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maintain your upkeep also is an invalid condition. What am I? Why

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am I Smith Eric right and other types of conditions that would be

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contrary to the idea of of the marriage.

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And Marik was kind of strict on this.

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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

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on me, and we agree what's sometimes referred to in modern

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times, as soon as you miss er,

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Malik didn't like that even some other schools of thought if there

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is to wafak if there was agreement, then they may allow it

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but a medic saw that as contrary to

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the idea. And the very purpose of marriage although Adam,

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while you do ruhuna Yes, you will

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get and use the call her up, then I will Jamela and baby when he was

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when What the * was that means Eric.

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And he said here, a little bit of uncertainty

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is allowable.

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Right. I mean, we live in times, now everybody's gonna mention in

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terms of euros or dollars or something like that. But back

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then, in certain cultures, they would say, I'll give you a camel,

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or

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I'll give you something really nice. Or I'll give you a horse

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without a wass without specify what type of camera how old, how

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expensive, so forth. So this is called the Sierra Nevada, which is

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a small amount of uncertainty. And so marriage, unlike

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buying and selling, is not what they say, based on an OSHA

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standard mukaiyama. So Shahar means when you're buying and

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selling something, it's competitive in nature, the buyer

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always wants to get as much as they can for what the seller

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wants, you're always as much as they want, what they're selling.

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And the buyer wants to pay as little as they can. And every

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every transaction is always going to be like that there's, you know,

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you know, between different types of people and different

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cultures, everybody wants to get, you know, the best deal that they

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can get, whether you're the buyer or the seller, and that's

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business. That's commercial transaction. So this is not a

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commercial transaction. Right? It's mukarram. It's based upon

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carnavon generosity. So if they go and they mentioned that they

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didn't, you know, they specify what type of camo. So let's say in

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the case of a dispute, he says, I'm going to give you a really

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nice camo. This one is, you know, great a top of the line

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distinction going to desert for days, it's awesome, blah, blah,

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blah.

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Or that was his expectation. We didn't specifically mentioned that

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and then she gets a camel and it turns out to be this kind of looks

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like rundown old, undesirable camel, then here's a dispute. So

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in case of this dispute, then they would bring this to the judge. And

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here he would say, Well, I had wasa to metallic and what's

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Ottoman Derrick means she should get something that is kind of

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middle of the road. So not necessarily top of the line if

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that wasn't mentioned, nor the worst thing but something that

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were considered to be

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reasonable in terms of the conditions and the culture and

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price and all of that sort of thing

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we'll use a hook up that the Holy Grail yes with toolbar

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the tool if you select muscle your teammates rooms a widget builder

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hopefully Allah will reroute any attends the widget be related I

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met in wholesome

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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

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