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Fiqh of Marriage 3

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Yasir Qadhi

Channel: Yasir Qadhi

Series:

Episode Notes

Shaykh Yasir Qadhi touches important points on the Fiqh of Marriage.

We should only take into account the religion when marriage is considered and not on other factors like status, race, lineage.

Types of marriage contracts that has been prohibited in Islam:

  • Nikaḥ Shighar
  • Nikaḥ Mutah
  • Not giving Mahr to the woman
  • The Wali cannot say for the Nikah to happen without conjugal union
  • Medical factors

Nikah Al Kuffar – we are acquainted with the laws, conditions and basics of this kind of marriage by Shaykh Yasir Qadhi.

 

Episode Transcript

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


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Bismillah Alhamdulillah wa Salatu was Salam ala rasulillah ala alihi wa sahbihi woman wa

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today we're gonna talk about one other supposes shot of Nick as some of them are some of your Anima they said that one other shot in the sixth chapter is that the male and the female are equivalent if you like they are acceptable for each other from a social perspective Okay. Now, this is not a sample according to the correct opinion what do I mean by their equivalent are the acceptable from a social perspective? What these are trying to say for example, now, this is something that we have to understand very clearly. So, pay attention to Okay. What these are them are saying many of them have said this history is that for example, the Arabs can only marry

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and non Arabs can only marry non Arabs likewise, a person of a social status can only marry within that social status, okay, they said that this was a show a condition for marriage. The correct opinion is that it is not a precondition for marriage, but it is allowed to be taken into account. Okay, you can take this into account but it's not a prerequisite. So somebody must have an Arab cannot marry a non Arab somebody that has said this is not allowed for Adam to marry or not okay, but the Christian opinion opinion of the majority is that this is a condition that goes back to the Father if he wants to take into account or not undergo Okay, whether they wants to take it into

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account or not, and even went wider and said every person in the girl's family and the male in the grocery because it affects the whole family. Remember, in Islam the marriage is not between the man and the girl is between two families really, okay, two families come together. So some of them are for example, the families they say every man is the girl some bc adjust to the other to the boys some of the or vice versa. Now by receiving the girls from the, If any man the ghosts of the objects to the boy's family or the boy himself concerning this principle, because the equivalent principle then emerge will not go through the correctively microsite is that it's not a shock. That's not a

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precondition, but it is something that should be taken or can be taken into account depending on the girl and the way. Okay, now what are the things that are socially acceptable or do you think that we're talking about five things okay. Firstly, religion firstly religion, so your equivalent or acceptable in religion, obviously, first and foremost, it means Muslims only my Muslims, right? And non Muslims by non Muslims. The only exception was that we talked about Muslim men marry Christian and Jewish woman. However,

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in my specific detail, what we mean is that a person who is religiously inclined should look for a girl who is likewise more religiously inclined, okay, you should not go down or below himself in this thing, okay? And this by age, is something that should be taken into account that you always look ahead you have you in religion, you want to marry someone that's more religious than you. Okay, so if a person is interested, for example, in studying knowledge, you should also find a wife who is interested in that field. Okay, if a person is interested in more than just pray five times a day, or whatever you should look for a person who was likewise more engrossed in a Bible and worship of

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Allah subhana wa Tada. So the first thing that you take into account when it comes to this equivalent thing, we call it an Arabic. In Arabic, it's called Kapha. The first of these five things is religion. So you look for someone who is either equivalent to you or above you in religious status. Okay. The second thing that is taken into account is freedom, meaning obviously slaves versus free men. This doesn't exist anymore, but for your information sake,

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a man cannot marry a slave girl. America cannot marry a slave girl unless he cannot find a wife and he is fearful of falling into the Quran specifically mentions these two conditions. If he cannot find a wife for a long period of time, and he is fearful of falling into an event and only then can he go be more himself and marry a slave girl. What does it mean marry a slave ago? Do you know your own slave bro?

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No, but if she's your slave girl, you don't know your slave girl in this manner. What I mean is you marry another person's slave. This is allowed in Islam, another person as a slave, you can marry that slave. Okay, but the children will be

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no,

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no. If you marry a slave girl you marry this is not curiously that's the whole point of talking about you is to really know that you don't need to know your slave you can have intercourse with her anytime you want. She's yours. You don't need to marry her. Okay, another person's slave you can marry her. with the permission of this they won't obviously. So you want to becomes the woody of this lady. So you can only manage her when two conditions are met. Firstly, there is you cannot find a wife for a long time. Secondly, you are fearful of falling into Xena. When you do marry her. Then she will kill that person asleep. She's not you're asleep. Okay, so the children will be

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belonging to him, actually. Okay, this is why this is why there's so strict that you should not Manage Rules. Not your own set of goals. Okay, next step. Now someone else's is different story. Okay? Likewise. Likewise, suppose there's another woman, a great American male slave woman. Okay. This is also allowed. A slave man can marry a woman if they're both masters agree. Suppose the woman becomes freed, then becomes free. She's now about the size of

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This life, okay, so she has the right islamically to another marriage contract which is usually not given to the woman. But because she has made a difference now in her status, social status, she's gonna remain married to a slave if she remains in this manner. So Islam has given her that right to another marriage contract. Okay? So so this is just a side point, it's not really necessary at all times, because there's no such thing as slavery. But just to save points that Rama have also said by each man, you should look at freedom and slavery also, when it comes to, okay, a free man should only marry a free man and the slave you don't need a slave. Now, I'm not saying that if a person has

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a slave, or theoretically had a slave and it is very rewarding if you freezer and marries her, this is very rewarding. It's double reward. If he marries his own slave, we're talking about marrying other people's lives. Okay? We don't have to worry about that doesn't exist anymore. The third thing that is taken into account is trade or profession, okay. Now, what do I mean by profession?

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line of work skill. So a man who is a businessman or when he who is a businessman should find a groom, who is likewise a respected, respectable field, not a trash collector, for example, okay, or a car mechanic, something which the society needs, but they don't really look up to that much. Okay, there's something throughout history, by the way, there are certain professions that are looked down upon certain special or looked up upon, okay, doctors throughout history have always occupied a high status. Okay. So, once again, remember all of these things, they come after religion, right? benefit a father or a group, these factors into account after religion, this is allowed in Islam, this is

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allowed to take this into account. Okay, so the third thing is the line of work. So both the when we say the girls line of welcome into elite line of work, and girl shouldn't have a line of work, I mean, theoretically, technically, but the way his line of work and the groom's line of work should be taken into account, that person of a respectable status can look at another male or groom of respectable status. The fourth thing is money. Okay? Not money, that agreeable is coming from a very rich family, okay? She is allowed to in this concept of cassava look at a boy who is also coming from a rich family or he has money with him. Okay. Now, profession, and many are not necessarily

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simultaneous, many times they are but not necessarily, okay. A person, for example, could be studying in the school or use a doctor, but for some reason, he's making a lot of money. I mean, there's two different things, okay. In generally in our times, it comes together, but in the past, a profession or a skill was a lifelong thing. And money will come and go, I mean, it's not related to the profession. So there's the fourth thing, the fifth thing is

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in Arabic is called an SM. But in English, there's doesn't exist anymore, but it's like family status. Okay? lineage, family status. Okay. So for example, a person who comes from a royal family, if you like, we'll also look at a person who comes from a royal family, okay. Now, we have to take all this into perspective, we are not saying that, you know, you should or you must look at these factors. We are saying that a person who has taken into account religion is allowed to look at the rest of these factors, it's up to him. It is not haram to many people who have a concept in their mind that you must only look at religion. No, no, all of the books that have discussed this, the

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only difference is is a shelf or not, is it a shelf?

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If not, our proposal to it will never be accepted, his marriage is not going to be accepted. This is what they said, we say no, this is not correct. This is not correct. It's not a shout, it goes back to the Wali and the girl. And obviously the group, and they will look at both perspectives here is they all agree to go up or go down depending on which perspective you look at, okay, in any of these five things, it's up to them the marriage contract is valid. But if you disagree on this, then his disagreement is valid. The reason I say this is because many people have a presumption in their mind that if a pious man proposes Okay, and the father rejects them based on race, or culture, or or

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family backgrounds, but he wants to find the pious group, right, many people think that this is an Islamic No, this is not an Islamic. This is not an Islamic the Father has every right to say no, based on family status based on race based on a host of other factors that we talked about here. Money and love is a factor that you look at. But you look at this after religion. The problem arises in art, as you find very few people with this mentality, what you do find is that they don't care about religion, and they're only concerned with profession, and money, and some religion, all of this, this is the problem that we're talking about. From a pure Islamic point of view, it's already

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takes into account the religious status of a person. Okay? And then we just have these four factors. This is about obviously the the second factor that of being free or slow, doesn't take into account the other three factors, okay, lineage or family status, and money and profession. This is allowed to look at, there is no sin or harm. This is a basis of racism needs to think that one group of people is inherently superior to another group. This isn't racism. This means that because the family for example, in many cultures are not going to agree that they're gonna nice into another culture. This isn't racism. It doesn't matter what culture you look at, they're not going to let

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that is American culture. The only ones that don't stay within their own culture. Okay? This is not racism. This

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Second thing is that when you think your culture is superior to the other culture, okay? The two are not necessarily together.

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And that's a lineage

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lineage because your lineage obviously is going to be dependent on you know who your father in what which culture your father's from. Okay.

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We talked about this, this is not we're talking about this is not to, because another thing

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What proof do we have?

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About concerning what

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all the elements of this category as far as I know, the only difference is a sharp or not to prove that it's not a sharp is very easy. Okay. Many of them are hybrid, they married below their status or above their status. That easy bill are married amongst the unsolved. Okay, that was a habit she ever seen. And they were considered the lowest skill at that time. Okay, even that, despite that fact, he married amongst himself. So to prove that it's not a sharp, it's very easy. Okay. Well, we are saying goes, it's a lot to take into account. You don't need proof for this though. Because in general elastic, any factor into account, you can look at the guy size, you can look at his six foot

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tall or seven foot tall, you're allowed to goes back to the parents and the and the girls. Okay? So you don't need to show that it is okay. However, you could say that, for example, the prophets daughters, all of the Prophet started married into respectable noble families, all of them without any exception, okay, all of their for profit started even though for example, in God at times, he may have stopped before he slammed the positive Americans daughters to Abu lahab daughters, right. But Abu Abu or his sons, excuse me, but I will now

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even though he was a mystic coffee had a pagan and Christian, but lineage wise, that is why he had a great sense of the community, okay.

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Going back to culture is very difficult for an American to understand because this, this boundary doesn't exist anymore. Okay. In Saudi Arabia, for example, tries to exist, okay, the companies and this and that way juries and whatever, they're not going to intermarry, unless you're from a higher tribe or something. In America, we don't have this we just have raised as black, white, Hispanic, in southern Muslim countries is much more defined than that you actually have tribes and within tribes as sub tribes, you know, with a central objective. Okay, so we're saying, as long as it doesn't get into racism, racism is a different thing, which is obviously how we're saying it's allowed to take

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these factors into account. It's not, okay.

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Like we said, you don't need to prove that it's about you need to hide it to prove that it's not about why because you can look at any factor you want a personal I, like I said, you can look at any factor you want, as long as the father or the what he takes into account the religion. The problem arises in our times when the when he doesn't take religion into account, he jumps immediately to the money, and the social status and the rank and all of this, but if someone says, I want my daughter to marry a Punjabi, whatever, you know, all of these conditions that they have no chance, okay? As long as he is religious at the same time, this is about you. So the point is, you must make this

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religion thing also, this is the point. Okay, because this is what the person said, marry the one with religion, you will be successful. He didn't say get closer with religion and all of these other things. No, the more minutes you have the veterans, okay. Again, Mike is not going to understand this concept, because it doesn't really exist in American this form. But anyone from an Eastern background really knows what we're talking about.

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Yes, we can be considered as the ninjas.

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Yes, he does have the right to look at other things.

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It's not necessary. It's not necessary up to the wedding, and it's up to the girl. Okay. But if now we get to the next chapter, which was, the reason we did this now is because this is not a shot, but many of them have considered it to be a shot. But we're saying the quick opinions that it is not a shot. It is allowed for people familiar of different races and colors and other facts, I've got backgrounds, but this goes back to the decision of the girl and the way and the group. It's up to them if they want to do it. Okay, so the tricky thing is is that these are the five factors that get looked at. Okay, now the next chapter, we move to it, we're moving to a different chapter now.

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The chapter concerning the conditions in the marriage contract, adding conditions in the marriage contract. Okay.

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So now the girl and the groom and the bride they have agreed to get married, but there are certain conditions they want to add that would otherwise not be present in the marriage contract. Okay.

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What is allowed what isn't allowed? Well, there's two categories of conditions, obviously, those that are allowed and those that are not allowed. Let's first talk about that which is not allowed, because that's whatever is not allowed the rest is allowed, okay.

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under this category, there are two categories also. The first category is any condition that if it is done it

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To me, I know the marriage contract itself. This condition if you put it in the marriage contract, the marriage contract in the south is a note there is no marriage, okay? Because there is no match. Okay? of A divided court we divided conditions into two categories that which is allowed and that which is not allowed, we're going to discuss that which is not allowed first, because that's the easy one to do everything else by de facto is allowed. So what is not allowed is subdivided further into two categories. The first category are those conditions that if you add them into the marriage contract, the marriage contract in and of itself becomes null and void. In other words, it destroys

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the marriage contract itself if you add this condition, okay. And then the second category is that those conditions that if you added that condition will be destroyed, but the Manage practice is still valid. Okay? If you add that condition, the condition is as if it never existed, but the marriage contract is still valid, when we give you examples you will understand inshallah. So the first category was what?

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No, there's nothing that allowed or not allowed, but it was the most contract. Okay, these are three conditions, three specific conditions. If you add any one of them into the marriage contract, then your marriage contract will be null and voice. The first one is known as Nika shirvan, which is what the brother asked yesterday, they got a Shiva, okay? The guy has Shiva means that to really get together, and they agree that they are going to marry each other's women, two fathers or two brothers were the two ways it doesn't matter. They get together, and they agree that I'll know your girl or daughter or sister and you'll marry mine. And we don't need any man in between.

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Okay, so they put this condition in the contract that two ways they agree suppose

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two brothers and they have two sisters, okay? The two brothers get together and the other one of the girls, and they tell each other You can marry my sister, and we don't need them to have in between. Okay, so they both have this type of note and this type of marriage is called nikka. Shiva. So the President said last year, we discovered there is no shovel in the religion of Islam. Okay.

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Even if the two girls agree, by the way.

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Yeah, because of the math. Yeah, because of the math. Now suppose two brothers and two sisters wanted to get married. And everyone agreed in there with math. This doesn't fall into Shabbat. It doesn't fall into the contract is that there is no math. And the to the to what these are going to swap girls. Okay, this was something that was dead. No, this wasn't there was no God at times, especially men would trade their daughters to get another girl. Okay. The two chief does or two men, they would say I'll marry your daughter. You marry me. And there's no man in between? Obviously, they didn't take into account the girls wishes. I say no. I say the scholars say even if the two

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girls agree to this marriage, but there is no man. This marriage does both of these marriages are null and void. Okay, obviously this is like demeaning because it sounds to women that you trade women are your partner women. Okay, this isn't allowed in Islam. Okay, but we say if two men want to marry each other sisters or something, this is obviously allowed. If they both agree, all four parties agree. And there is a man in between? This is a lot. We're saying when the man is removed. And it's in. Instead of not you substitute girls, you substitute women, this is not about okay.

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That's fine. As long as that is given to the to the to, okay.

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Yes, the man gives to the woman.

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Okay, the second type of contract which when it is performed, the marriage itself becomes null and void is the marriage that is done with any of making the woman has her first husband. Okay, what was that?

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Let's move back a step. Okay. Everyone knows that Islam, three strikes and you're out. Okay, three strikes and you're out. Okay, three, three divorces, and the woman becomes permanently haram for the first time, until

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until she married another man. And she has intercourse with them and such as the contract, she must have intercourse with that man. And that man for some reason dies or divorces her then she becomes a lot for the first time. Now suppose a man divorces his wife three times, okay? And she wants to get back and he wants her to get back. So we arrange either the two parties or both of them. They arrange for a tradesman to come into the contract and have intercourse with the wife, get married and have intercourse with the wife and then divorce her so that she becomes allowed for the first husband. Obviously this is really disgusting. It is despicable. And that is what Islam has

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prohibited the process of instead it was curses upon the man and the woman who do this type of marriage and this is dinner like the Sahaba said, even if they stay for 20 years and that is that would be Xena if they did with this intention. Okay

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now, footnote seven

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As you know, a couple that has gone through this divorce three times, okay? And you know that the woman wants to get back to the man and the man wants to get back to the woman your family principles, okay? Without telling either of the two. You married a woman. Okay, and you have intercourse with you and then you divorce. What is this allowed or not?

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was asked? A man came to me, and he asked him

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I married her to make her her love for her first husband, and she didn't call me neither did he command me, and neither of the two knew. Okay, so You almost had no unless you marry her a marriage of desire, a marriage of desire that you really wanted this girl. Okay, if you like to you would keep her I guess the problem equivalent, you would divorce her. Okay. And then he said, we used to consider this type of marriage at the time of the Prophet sallallahu Sallam pure Xena.

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We used to consider this type of marriage at the time of the Prophet tours, you know, okay, this is the opinion of many of the Sahaba we don't know of any difference between master Sahaba and the man who marries with this intention, Allah will be upon him even though the woman will be not Chris because she didn't know. Okay, but this is not allowed, even with this intention, unless you want to leave her marry this girl with the intention of having a permanent marriage. Okay, now something needs to occur and you don't like or if something happens, then you divorce her and I wonder is your attention otherwise, if you marry a woman with the intention of making a highlight for the first

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husband, then this is considered a invalid marriage? Okay, I mean, excuse me, the marriage will be valid because you didn't specify it, but you are going to be sinful for this, okay. Now, if you specify the condition like we said, If you specify the condition, the marriage contract itself is null and void. Okay, the third type of condition, which if you make it in the marriage contract, it actually makes the marriage contract null and void is when you specify a time factor and this is known as Nika.

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Nika, okay? Yes, it is now how long to do? Okay. nikka. Alberta was allowed in the early stages of Islam. But the process would have prohibited on a number of occasions and

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final pillar pilgrimage and in the final aroma that he did, and the conquest of Makkah and the conquest of hybrid many, many different occasions the process of prohibited nikka mata till the Day of Judgment in one direction, it says to the Day of Judgment, they can without is basically a man or woman come together and they say we're gonna stay married for one month, or one year, or one day or one hour, it doesn't matter. Okay. The point is you specify a time you specify a timeframe, if you're still 99 years It doesn't matter. Like she has an arch has many of them. We know many she has, okay, they get married 99 years, okay, began with a budget. Doesn't matter whether you specify

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1000 years, it's still the guy with us and is still around and if someone makes it physician, the nurse contract is not important. It is as if you are living in Vienna, okay. That is held on by Iijima about a cinema Gemma by Iijima around the cinema the camera is okay only the she has allowed it to this day and many Shiites in this country and even in Iran they get married all the time with Nick. Okay.

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The second condition of the three that we talked about. The second condition is that when a man marries a woman, okay with the intention of making her highlight for her first husband,

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okay with the intention of making her a highlight for her first husband, we said that when the husband was aware three times I witnessed a loss of divorce inshallah, maybe even next week when I finished up in the casket was a divorce. When a man divorces his wife three times that woman becomes permanently held on for him, they can't get married again, unless and until the woman marries another man. And they have a marriage and they have intercourse and then he divorces her or dies, then she can marry the first husband. So suppose someone with her just for this reason, we say this condition is null and void and if they put this in the marriage contract, the marriage contract

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doesn't exist. It's as if it's you know, when they get together, okay. And the third condition we said was nikka evidence is released are so many it's meant a lot that basically karma is not about Okay, either for example, so I understood and has narrations from the parliament. He put this there to refute the xianghe because the Shiites say that it may be part of the loudmouth.

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But even Muslim he put narrations from Alinea department himself, that shows that the government is prohibited.

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We are going to get to divorce next week. This is a big

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three separate times three one times the biggest Okay.

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Now we get to

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the other types of conditions that if they make this condition, if they put this condition, then that condition will be no invalid, but the marriage contract will still be will still be intact and valid. Okay. Now is this basically any condition that goes against

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the right that the spouse

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Having the Koran and the sooner, this type of condition will be null and void. And this condition that goes against the rights that Allah has given the spouse, either of the two spouses. Okay, I don't know,

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if any condition goes, we can start the next condition is null and void, and the marriage contract is still valid. An example. An example is that the man says to the woman, I'm not going to give you a man, I'm not going to give you a man, if you want to marry me, no man, okay, and he puts this in the marriage contract. This is not allowed the marriage contract must have a match to it. And we're gonna talk about marriage on Monday, the man the marriage contract must have allowed if the women agrees, she said, I don't know, that's a different story. But for the nine procedures for the Nancy challenge, which is to determine I'm not going to give you any math, this is not about and if you

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were to simply stipulate this, then the marriage contract is valid. And he Mr. Can His condition is not valid, because it goes against the marriage contract itself. Likewise, if a woman were to stay, and that's something that's very important to know, by the way, because many people are getting home in this type of situation, the woman or the woman says to the man, you can get married to her, but you can't have intercourse with him. Until let's say, You're the two months or the 10 months or a year later, okay, this contract or this condition is invalid, it is not valid, because the whole point of marriage is that it becomes harder for the two spouses to have intercourse with one

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another. So for the lady or the or the bride or the groom, to come forward and say that we'll have them with

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that you're not allowed to have intercourse descriptiveness the marriage contract. This is a right that a lot of given the two spouses. Okay? The way it is that you don't have any gas, you have any engagement, quote, unquote, you don't have any gas, but the money is not allowed to stipulate that you're not allowed to have intercourse until the rosseti. Okay, this is not a proper condition.

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If they agree to this condition, the man has the right to another's condition, the marriage contract is still valid, but the condition is

00:26:55--> 00:27:25

it's no better company if they want to. I mean, if you want to enforce it is his prerogative, which is right. I mean, if he doesn't want to have intercourse with her for, you know, one year or two years or whatever it says right? But if he does want to he can make it at any time. Okay? So notice when he and grooms Okay, if you're if you're the groom don't agree to this condition because if you do, then you know that it's not allowed and you're tricking them. Okay? Don't agree to this condition. It's really Don't be stupid enough to suggest it because it's not a lot. Okay, we know people sitting here that went through this process. That's why without mentioning any names.

00:27:29--> 00:27:31

Okay, so we move on now to

00:27:33--> 00:27:34

what conditional.

00:27:37--> 00:27:55

This is anything that goes against the rights that Allah has given in the Quran and Sunnah to the two spouses, this condition is null and void, but the contract is still valid. Okay. Whereas in the previous category, if you made this condition, the contract itself would be null and void. Okay. But in this condition, the contract and the gap still exists, but,

00:27:56--> 00:28:31

but the stipulation is null or void. Everything besides this is about everything because this is fair game. Okay. So the woman says to the man, I went to Jaguar, and the man agrees she should get a Jaguar, okay? The man says to the woman, for example, I mean, this is both, okay? Both ways is about any situation, the marriage contract, besides these two things, okay. This is allowed, if they agreed to it, the condition or the criterion is that they must agree to the woman says, I want to live in a mansion, the man has to provide a dimension, the woman says, I don't want to get you You shouldn't you shouldn't get night after me. Then if he agrees that he should fulfill this condition,

00:28:31--> 00:28:37

okay? The correct opinion is that this is allowed the woman is allowed to tell the man you shouldn't, I'm not gonna let you marry

00:28:38--> 00:28:45

a second way. Okay, I'm not gonna let you marry a second life as long as I am with you. Well, I'm not going to trash the girls as long as I'm with you. Okay.

00:28:54--> 00:29:27

Without any doubt, the far majority of them are have agreed that if they agree to this, then the man should fulfill this. This is a far majority of them, have agreed that if the woman wants to have this condition, and the man agrees to put this condition, okay, then he should order this condition. Now what you're talking about what what happens when he married a second wife? That's a different story. We'll get to that in a while. Initially, when you put this condition down, right? Are you allowed to stipulate this or not? The condition? The answer is yes. Because because it is not obligatory on demand to have a second one. So if the women would, what is the difference between the

00:29:27--> 00:29:31

woman saying I want a Jaguar, and I don't want you to marry a second wife for the month

00:29:43--> 00:29:54

because the marriage contract contains in it v. Understanding this is what is the definition of nigga what is the definition the gap is, let me finish. Let me finish. Let me finish

00:30:02--> 00:30:37

Okay, let me ask you this good note is important because everyone has this question and the men get emotion that women get emotional, okay? And I used to also get emotion until you study this subject. Okay? Now, this is important. That's why I'm letting it go. Okay? Now, the difference is that the kneecap contract between the man and the woman. Okay? The definition of nigga is that it makes intercourse allowed this, according to medical, how did they define the guy, they said, a contract that allows the man to have intercourse with his wife, this is the way that they define the guy. It doesn't say that the guy is one of four and you're allowed to have three after that know, the

00:30:37--> 00:31:10

distribution of nicaea is that you are allowed to have intercourse with your spouse, okay, nowhere does anyone say that it is obligatory upon you to marry two or three or four women. But it is obligatory upon us, the very definition of the gap is that there is intercourse and that is why the woman or the man can make the contract amendment void if there is no intercourse for a certain period of time. Okay, and as far as I've heard about this bit of time, but there but I will say two could make it null and void, the woman can go and eat and she does he does not prefer my life, and vice versa. Okay, but to not have more than one wife is something that is Helen, likewise to own a

00:31:10--> 00:31:39

jack or something which is Hello. If the women were to make this halal or haram upon this particular marriage contract, it's up to the two of them to agree because the pastor for them said that there is conditions that you have the most right of fulfilling those conditions that you should fulfill the most are the conditions that you made that have made intercourse allowed for you. And he said it was disability said that has made vaginas about free, he said it very explicitly, there is conditions that you have made women's private points allowed for you. In other words, those conditions that you put as your marriage contract, these are the conditions that you have the most

00:31:39--> 00:32:01

right of fulfilling, what conditions would a wife say, This man has specifically mentioned and you know, the books I have written here, and other books that have the condition she is allowed to mention, is to live in a certain house, okay? Or to have maids and servants or that she she does not take her wife after him. She does not she is not allowed to stipulate that he has to do voices present wise.

00:32:02--> 00:32:40

Okay, and that has to wipe us out for a while. So you must divorce first Deuteronomy. This is how long? Why because now she is transgressing the rights of people that already have rights. But if you don't marry after me, under who is gonna marry after, so he is not transgressing the rest of anyone? No. Okay, unknown. Now, another point. And I want to stress this very strongly, is I strongly discourage any couples to have this stipulation their marriage contract. Allah knows what situations will arise in the future, perhaps it is for your benefit, your meaning you and the woman. Okay, Allah knows what will happen in the future that she has shown clearly she does the same, this is not

00:32:40--> 00:33:12

a condition that should be quite specific with regards to more than one way, it is not a good condition to put, if the woman feels very strongly about it, then convince your husband by your character and attitude. Okay. But I strongly discourage people from putting this in their marriage contracts because it puts a great hardship and burden upon the man. Okay, perhaps it is for the interest of the women that instead of going out and having vacations in the United States, second woman, perhaps it is better, that avenues remained open for him that if the first wife, for example, cannot have two minutes, he can marry a second, second wife to do that. Okay, well, the first step

00:33:12--> 00:33:36

is not fulfilling his desires, he can marry a second wife to do that. And it is better than going through a divorce for the first time or even having an affair or cheating on him. So if you're under my state, and I've heard this myself, many other mothers say this, even though this condition is allowed, it shouldn't be put, because Allah has given this life for a reason, men have this right for a reason, Allah has created them in a certain way he has allowed within certain things that he has not allowed for the one. So even though it is allowed.

00:33:37--> 00:33:47

And if the man agrees to it, and the woman puts this in the marriage contract, he should fulfill it, it is not something that is encouraged that a question arises, suppose he goes against any of these conditions. Suppose

00:33:48--> 00:34:23

she says that I want to remain in America, you're not allowed to take me out of America, the man moves to Australia, and he wants take his wife with her. Okay? Now they have an option. Either the woman goes down in a condition she says, okay, fine, I don't you know, I don't care if all that will go to Australia, and then she has the right to another match. If they put this in the marriage contract, and the husband still goes and does it, okay, then she must go to a court of law and her marriage can be an if she wants, but she also has the right of changing her mind. Okay. So, this is something now, what am I Why am I bringing this up this point, because many sisters think that if

00:34:23--> 00:34:28

they put this marriage pocket, so having a second wife and the man goes in as a second wife, okay.

00:34:29--> 00:34:30

Then

00:34:31--> 00:34:48

basically this thing of how to do so. And the second marriage is null and void. No, this is not true. If he goes and marries a second wife, then she has the obviously he is sinful because he has gone against the marriage contract. He is sinful. There's no doubt about that. He has he has gone against an agreement he made but the marriage contract is still valid. The second marriage contract is two

00:34:49--> 00:35:00

answers the first one unless and until she goes to a court of law, A or B and she announced that she has the right without a doubt but is not she has a right to announce her marriage contract if he

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

goes against the conditions. But what must be understood is that the secondary contract is still valid. Nothing, no problems there. Because all of the sugars have been met all the little concern that no problems there, the man is sinful no doubt, okay, the medicine for because he will he broke a promise that the breaking of a promise is not really to another contract. Okay. And that's not the money in the first instance first transaction you had, I had a transaction with, you know, with another person who stole money from me, that man goes and has another transaction with another man, he was critical for what he did to me. But it doesn't make the second contract null and void. You

00:35:30--> 00:35:33

understand what I'm saying? It doesn't read the second contract null and void.

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

That condition?

00:35:44--> 00:35:49

No, no, your your, your your, you have to think a bit more precisely, okay.

00:35:51--> 00:35:52

This is

00:35:59--> 00:36:19

this condition does not go against promises. This is the point because it is not your obligation to make more than one way. It is a privilege. So it doesn't go against the policy. Just like it is not your obligation to own a Jaguar. You don't have to own a Jaguar. But if she says she wants to own a dog what you have to give it, so it doesn't address the point. So this is my point. Okay, let's

00:36:22--> 00:36:23

in general, yes. As long as

00:36:25--> 00:36:27

she doesn't want you to eat apples fine.

00:36:31--> 00:36:32

No, no, because she can.

00:36:36--> 00:36:39

No, no. And by the way, this is the opinion of the vast majority the

00:36:41--> 00:36:59

politics of this, okay? Because this is a condition that they have made to make something that will never be done. But to make something temporarily. Hello, how are you? Okay? You say I don't want to eat apples. I don't like them. It's fine. No one's forced you to eat apples. Okay? If your wife says the same thing to you, and you agree to buy coins from

00:37:00--> 00:37:15

me to eat apples, you understand what I'm saying? You have to think of it more precisely from a circuit perspective. Okay. And like I said, Even I thought this before I studied the matter, when you study the matter, any size, this is something she has the right to do. It's up to the man if he wants to agree to it or not, okay.

00:37:19--> 00:37:20

Like I said, this doesn't go against.

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

Okay?

00:37:27--> 00:37:36

This doesn't go against the person. Okay? And so if you think about this, after the lecture, inshallah, think about it, it doesn't go against the person. It doesn't contradict the foreigners in. Let's let's, let's do this.

00:37:41--> 00:37:45

We were talking about this yesterday. Anyway, let's let's move on, because I want to finish something

00:37:46--> 00:37:50

at the end. Okay. Let's keep this back over. Okay.

00:37:52--> 00:38:06

Let's move on. And yeah, like we said, knowledge is an emotional topic. But like I said, the vast majority of you have this, what I just talked about, and you can read it up. And if you think about it, precisely, it doesn't go against the client. It does not contradict the person. Okay.

00:38:08--> 00:38:39

That was within existing marriage with where he talks about this with an existing marriage. Okay, a woman is not allowed to stipulate that you have to divorce the wives you're married to. This is an existing marriage. Okay. Mmm cannot do too much. You cannot have intercourse with the first I am your second wife. She cannot stipulate that. But she can stipulate don't marry after me. Because in the first case, the marriage carcass is still valid. And if you were to do that you will be going against the first marriage contract. So there is a right of a person being transgressed. Tonight as a woman in the future, this is unknown who you're gonna marry. You're not transgressing anyone's

00:38:39--> 00:38:40

rights, okay. And

00:38:42--> 00:38:44

no, she cannot enforce No, she cannot enforce.

00:38:49--> 00:38:53

Exactly, exactly as the good. It's up to you. It's up to you. Let's,

00:38:54--> 00:38:56

let's, let's move to the next point. Okay.

00:38:57--> 00:39:01

When one slide chapter, we're going to go to the last chapter we do for today. Okay.

00:39:04--> 00:39:07

The next chapter we move to is concerning.

00:39:09--> 00:39:49

either of the two spouses having a inherent disease in them, okay. That we ANOVA marriage contract due to a medical factor. Okay, the point is, is one line I'm going to say that we don't want to get details into this but any type of medical fact or disease that will adversely affect the relationship in particular the sexual relationship dilemma clearly says if the man is not capable of having intercourse, he's not capable of having an erection Okay, or the woman is not capable of intercourse also. Okay. If the spouse is married, and is discovered that these type of diseases exist and there are many this called mentioned 10 2030 that you don't need to mention them by name.

00:39:49--> 00:39:59

You just merely we're talking about any type of disease that presents a man any type of problem that prevents a man or a woman from intercourse, if it was unknown at the marriage contract.

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

After the accurate is discovered you are allowed to enter the knowledge and know that meaning you don't have to be the man there's no penalties okay for example the man marries the woman the woman turns out that she cannot have intercourse immediately can another match make a second we call a naked another okay. Likewise the women find that as a man cannot have an erection For example, He is physically incapable of having intercourse she is allowed to another marriage okay. So, any type of problems that goes back to is specifically the intercourse that it is not capable or the man or the woman are not capable in requests are allowed to another marriage contract okay. And the other

00:40:32--> 00:41:07

problem with it is major for example, madness or temporary madness, the man had epileptic fit fits okay or goes into madness once a week or twice a month or whatever, okay, any type of thing that will adversely affect the marriage, then the woman or the man they have the right to another contract, they could they go to court of law, she presents her case or he presents his case with whichever of the two parties and the marriage contract is null and void. Okay. So therefore, it is imperative that we inform our spouses before marriage of these types of diseases and problems. Now, if they agreed to it, fine, but if they did not agree, then they have the right to animate. Okay,

00:41:07--> 00:41:10

just a sidebar, we want to get the details it's very common sense that

00:41:11--> 00:41:20

if they agree to it, yeah, suppose the man says I cannot have an erection I'm not capable of having intercourse. The woman for some reason she agrees she wants to remain married to this man, then she doesn't have the right

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

to that.

00:41:24--> 00:41:32

Okay, very simple, small chapter. We don't want to go into detail, the last chapter what to do today and then we can open the floor for great debate and,

00:41:34--> 00:41:39

and heated arguments and shala. Last time we were gonna do today is Nika healthy,

00:41:41--> 00:41:48

marriage of non Muslims, marriage of non Muslims. What do I mean by marriage of non Muslims do I mean, we discussed this before?

00:41:50--> 00:41:52

What I mean is non Muslim.

00:41:53--> 00:42:01

gay marriage contracts. Okay. And what happens if one of them accepts Islam? This is the this is the topic, the topic chapter. But

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

firstly,

00:42:04--> 00:42:09

then you have the couples when you see a Christian and a couple is invalid or not.

00:42:13--> 00:42:15

What did they have the shirt and the tokens?

00:42:24--> 00:42:26

You see, might you see my, my points here?

00:42:29--> 00:42:31

If they are different from ours, is image valid?

00:42:36--> 00:42:37

anyone says no.

00:42:40--> 00:42:41

It's not valid. What is the reason?

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

I did it.

00:42:53--> 00:43:00

Okay, the correct opinion is that it is allowed and their marriage contracts are valid. There is a proof in the Quran in

00:43:01--> 00:43:04

a lab, who can tell me this proof that there is a proof in this?

00:43:07--> 00:43:27

How is this a proof? His wife is woman. So I really have a record of his wife, his wife in the Quran, Allah calls his wife, his wife, his woman, one law simple and mothers. Okay, what am I let that happen? Okay, so the very fact like what the law says one law to fit around the wife of

00:43:28--> 00:43:29

a Muslim.

00:43:31--> 00:44:01

He will have the worst punishment out of all of the creature the Day of Judgment. No human being will have a more severe punishment and shut out on the day of judgment and in the hellfire. Okay, no human being since the time of either until the final person that hears his trumpet blocks will have a more severe punishment in the fight will help them get out that Allah calls his wife, his wife, his wife, Was she a Muslim? Yes, she was a Muslim, he is in general. But the point is, it doesn't matter about this was a law called his wife, his wife, even though they were married or wherever there was

00:44:02--> 00:44:23

his own boss. The point is, any non Islamic society and culture, their marriage contracts and issues and their rulings, go back to them, whatever their conditions are, whatever is very shrewd, whatever is considered acceptable in their society and culture. If they have preferred that, then their marriage contracts are acceptable from an Islamic perspective. Okay. Now,

00:44:25--> 00:44:31

I don't know about this, we have to now go back to their culture and we need a PhD in American culture. Is this acceptable or not? I don't know.

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

I don't think so. Actually, as far as I know, Carmela would not be considered

00:44:42--> 00:44:59

more of a philosophical point than anything. However, the ramifications come with what is the point of talking about this? the ramifications of this method of this scenario come when one or both of the spouses except this one. This is where now we have to be opening on this. Now there are a number of scenarios here.

00:45:00--> 00:45:13

Firstly, the spouses are not as educated meaning they are Hindus or atheists are politic basically that they're not using Christians, obviously that are Muslims. So they're accepting Islam. They are not Jews and Christians, okay. In this case,

00:45:15--> 00:45:15

in this case,

00:45:17--> 00:45:30

if the women remains in her non, you know, religious, you know, non Jew or a Christian religion, and the man accepts Islam, the woman if she remains in a religion, and the man accepts Islam,

00:45:31--> 00:45:37

the woman accepts Islam and the man remains in his religion, then the marriage contract will

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

be

00:45:42--> 00:45:43

six months

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

12 months

00:45:48--> 00:45:49

20 years?

00:45:51--> 00:46:00

This is a question so this is a scenario talking about No, okay, understand what we're talking about. Okay. We said that the marriage contract is valid. But now suppose one of them accepts Islam. Okay, if

00:46:01--> 00:46:32

the man neither women is ever religion, man of the Jews and the Christians, then automatically they have their they must be separated immediately. Immediately they must be separated. The women if she accepts Islam, she is not allowed to spend another moment with that man and vice versa if she is not the Jewish of the Christian faith, okay. Suppose she is of the Jewish and Christian faith, we're talking about the merging of the well, the most part we're gonna get back to let's first understand this. Suppose the man and the woman are Jews and Christians, the medics of Islam. What happens now?

00:46:33--> 00:46:47

No problem. No problem there. Okay. Because roadie said that marriage contracts that are performed in non Islamic Studies goes back to the culture if they had a marriage before. It's not the medical system, no problem, the system, the problem.

00:46:49--> 00:47:07

The limited stuff the first thing immediately she has to leave that man, she is not allowed to remain with that man. No matter if the man is a Christian or a Jew or a Hindu atheist doesn't matter. Muslim woman cannot marry non Muslim men. Muslim men can only marry Jewish and Christian woman. Okay, so if the man accepts Islam, and his wife

00:47:09--> 00:47:21

is a non Jew, a non Christian, he must leave her immediately. If the man accepts Islam, and his wife is a Jew and a Christian, no problem. If the women have system, and her husband doesn't matter what he is, she has to leave.

00:47:23--> 00:47:58

Immediately. She is not allowed to spend one night with him not one more intercourse is allowed. As soon as she accepts Islam, her husband comes home for him. Now we're gonna get to the marriage Congress. Still though I suppose they both accepted Islam simultaneously, is the most current example. Yes, of course, because we already said that is one of the remains in their face. So regardless of whether they were pagans, or added Kitab or isolators, or doesn't matter why when the Sahaba accepted Islam and not the positive been commanded to do the cutover. Again, even though they were either worshipers, right? The Sahaba didn't commit every single one of them go back and do it.

00:47:58--> 00:48:07

Again. No, it was accepted based upon the first nicca that they had in their genotype. So the man or the woman is to Hindu and they accept Islam.

00:48:08--> 00:48:38

And you probably no problem continue to remain in your marriage. Okay. Okay. That's a different story. It's a matter of Akita. And because it's pre Islam, pre Islam has different laws. This is before Islam. Okay, so sounds like we don't bring her in. Because we know in our in our religion, especially as a popular system does not allow a woman to remain married to a non Muslim, a Muslim woman from a man to a non Muslim, and the religion of more sensitive we don't know, we don't you know, it's not a part of our Sharia. Or should we are different from Australia. Okay, so

00:48:39--> 00:49:15

yeah, they're all Muslims in the UK either. But the Sharia changes this point, the laws of Islam change, but the belief is the same. Okay. So we say then, that if a spouse or two spouses accept Islam at the same time, immediately, they enter Islam together, then no problem, the marriage contract remains valid and ineffective. Now, if the man accepts Islam, that his wife is a Christian or a Jew, again, no problem in every scenario, here's the problem. If the man accepts Islam, and his wife is a Hindu, or a non Jew and Christian, or the woman accepts Islam and the husband doesn't, now what do we do? This is the question.

00:49:16--> 00:49:21

The vast majority of the lemma, the jumeau, as we say, in Arabic, the vast majority of them are.

00:49:24--> 00:49:30

They stated that in this case, the woman waits for a death for waiting period.

00:49:31--> 00:49:36

Not with the man separate from him, okay. So there is a waiting period of three menstrual cycles.

00:49:37--> 00:49:45

If during this time, the man or the woman if she is non Jew, and Christian accepts Islam, then they come back together without any marriage contract.

00:49:47--> 00:49:59

If during the time, there is the word, shall after divorce, maybe in a few weeks from now, if during the entire time, the man or the woman accepts Islam, no problem, they get back together immediately and they continue their life.

00:50:00--> 00:50:03

During the daytime, the woman cannot remarry.

00:50:04--> 00:50:08

The man obviously can because he's about to move forward. But unless he has flowers, in which case he can't.

00:50:11--> 00:50:31

Okay, but the woman cannot remarry during the day, after the death, she is allowed to marry whoever she wants. If the husband did not accept Islam, the first has been developed that Islam, he remained a Jew or a Christian or whatever. Now after that she can now look for Muslim husbands. Okay, now, suppose after five years, she doesn't get married. And the husband accepts Islam.

00:50:33--> 00:50:38

her first husband that she hasn't been with for five years, obviously. Do they need a unicast or not?

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

Who says no.

00:50:43--> 00:50:46

officer says no. Okay, who says yes.

00:50:48--> 00:51:05

Majority say yes. Okay. You have been divided along scholarship lines, the majority of that, yes. And a small minority have no. Okay. The majority of the relevant they said, yes, you must have a new marriage contract in a new method and a new everything. Okay.

00:51:08--> 00:51:23

Because it does, however, some amongst them immaterial. So you have precedence, don't worry. amongst a major dilemma, they said that as long as she did not remarry. As long as she did not remarry. It's fine.

00:51:24--> 00:51:57

Okay, and they base their evidence with, you know, certain factors. I say, why don't you just go ahead and do it in a marriage contract just to get out of the out of $1. Okay, or 10 cents, it doesn't matter. It can be anything. Okay, just to get out of the system without just to be on the safe side, you don't lose anything by going over to the marriage contract again, with the Two Witnesses everything and getting married again. This is also the opinion of the court. Okay. But the point is that women cannot be married until her age is older. The woman that her husband does not accept Islam, she accepts Islam. She cannot remarry until her eight days over during that time, she

00:51:57--> 00:52:13

cannot live with him which is different from normal woman and she should live with her husband. But in this case, you cannot live with him. she invites him to Islam, she tries her best to make him Muslim. If he accepts that hamdulillah they are under first marriage contracts. If he says no, in this case.

00:52:15--> 00:52:23

The marriage contract according to the majority of scholars becomes null and void after her death. And if they want to get married, they have to do a new marriage contract. Okay, this is the theme of the majority of the renumber.

00:52:25--> 00:52:36

One final point we finished early today we're open for for questions, because there's a lot of them. I'm good enough. One final point goes without saying everyone knows if you're married and you have or if you're separate. How many have more than four wives? What do you do?

00:52:39--> 00:52:48

Pick and choose? Yes. This is a obviously we just wanted to mention it for information sake. It doesn't exist in our times. People don't know more than one of us. Unfortunately, neither do

00:52:50--> 00:52:58

or they do still. Okay, so if a person if a person is African, and he has more than four wives, he should divorce

00:52:59--> 00:53:04

more than foreign key for him. No point to discuss this issue every case the ramifications of that.

00:53:08--> 00:53:12

Well, that goes back to the whole point that we're talking about is not allowed in the first place.

00:53:15--> 00:53:20

They automatically if they accept this moment first. Yeah, this goes back to the fact that marriage never took place because they want love for each other.

00:53:24--> 00:53:31

If they accept Islam, automatically the marriage is fast because it's not allowed for them. If a foster brother or sister for example, they they are married to each other. Okay.

00:53:33--> 00:53:38

According to the allowed when they accept Islam, okay, automatically their marriage contract becomes void.

00:53:40--> 00:54:06

Yeah, regardless of whether the because now they're Muslim, okay, the marriage contract is allowed as long as it doesn't make the primitive relationship without getting married. Okay, so these Mormons that they married their nieces and nephews, whatever, if they ever accept Islam, automatically, they're most comfortable, you know, as soon as they say the Shahada is a lot of money to come in and avoid the marriage contract. And we just check I think I covered everything inshallah.

00:54:07--> 00:54:10

Because we finished earlier, actually, despite all the discussion that that will take some time.

00:54:11--> 00:54:13

The questions will take them to different stuff.

00:54:17--> 00:54:20

So we talked about the marriage conditions we talked about.

00:54:23--> 00:54:36

We said, we said that the Sharia law every prophet changes, OK, the Sharia define laws of every profit changes. So this is something we don't take into account. Daca is what remains the same?

00:54:39--> 00:54:52

No, this is this is a part of the Quran but it's not a part of the Sharia. Not everything in the part of the part of the Sharia. Law is the basis of Sharia. But the Quran mentions many things that like for example, you said that sit down and swipe Okay. Now Islamic Lee

00:54:53--> 00:55:00

Muslim woman can is not an American non Muslim man, but this isn't the Sharia the Prophet Muhammad Sallallahu Sallam and we know this in the

00:55:00--> 00:55:07

And the sooner so the? Yes, of course. Of course, a lot. There's no question that the mission is a

00:55:09--> 00:55:11

mister Muslim woman cannot name wishes.

00:55:16--> 00:55:44

Yes. So the Muslim woman cannot marry a non Muslim man. So if they're already married doesn't matter. Their marriage never took place in the first place. A Muslim woman if she goes out and has a contract of marriage with a Christian or a Jew or a Hindu, that marriage contract is null and void in the first place. It's not It's not even worth the papers written on the marriage contract never existed in the first place. These Muslim women that are marrying Christians and Jews and Hindus, which is so common in Indian, so many countries, there is no marriage. It doesn't exist. You see?

00:55:46--> 00:55:48

Yeah, so, so the marriage market doesn't exist.

00:55:52--> 00:55:53

They're not adjusting together.

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

Yes.

00:55:57--> 00:56:23

No Muslim woman can marry a non Muslim. So if the marriage if the marriage took place, while she was a Muslim, what if she converted, she became Muslim. He's not all cremated. Every situation. Either the husband accepts Islam or the marriage is broken. There is no such thing a Muslim woman is never ever in any circumstance married or non Muslim. any circumstance whether she accepted Islam or whether it doesn't matter, she's never allowed to remind him and his advisor and none of the scholars have allowed this by unanimous consensus.

00:56:27--> 00:56:31

And they left their husbands. They left their husbands. Yes, there are many examples of this case. Okay.

00:56:33--> 00:56:48

Why would she has even seen the government after 1000 years one of the regular marriage? What is the point? The point is that they're pretty sneaky. They're pretty sneaky. They can have more than four wives. They don't have to inherit, there's no inheritance involved, the treatment that you do and which is different from the treatment of

00:56:49--> 00:56:57

marriage, and if they want to divorce then they can divorce much easier than if it's a real marriage. So there's a pretty sneaky thing. They have the they have ulterior motives.

00:57:00--> 00:57:15

Can you go over the order of precedence of what he example father and grandfather? Okay, this is something which the format habits they have four opinions on. Okay. format, have the four opinions the honeybees have the opinion the Sharpies has their opinion, the Americans have different families have their opinion. Okay. So I just gave you the humble opinion.

00:57:17--> 00:57:42

That is at first as the Father and then the father's father, in your father's father's father's father, if he's still alive, he'll be the wedding. So the father's father's father, then it goes to the Son, and then the son 10 cents, 10 cents as much it goes on. Okay. Then it goes to the four brothers and the Halford and the stepbrother, then it goes to this the four brothers children and a half for the children to separate the children. Then it goes to the uncles and it goes to the half of them the step uncle, then the foreign culture another step uncles in Africa children, okay.

00:57:44--> 00:57:52

No one exists after that. And then the shocker is they have another thing and then the humble is have another thing. And Americans have another thing. All performers have their own.

00:57:54--> 00:58:01

Of course, without any doubt the father, first and foremost. And then the father's father also, I think, after that, okay.

00:58:09--> 00:58:12

No, no, no, no, no, no, that one of the okay.

00:58:14--> 00:58:16

I'm gonna be worried about

00:58:19--> 00:58:20

making sure very good.

00:58:22--> 00:58:47

Marriage conditions have to be made before the marriage or at the time of the marriage. After that doesn't matter. Okay, marriage conditional we're talking about there must be made before the contract. Obviously, once you have agreed to the marriage contract, you can add marriage conditions onto it. Okay. Now, if you want to do that, that's a different story. But the marriage contract will only be you know, if you do it at the time of marriage. Okay. It must be before at the time of marriage.

00:58:49--> 00:59:15

This question was asked last time, but I could not pay for the answer. If a Muslim woman is interested in western man, what steps should she take to express this? We mentioned last time that she should take Islamic steps which means that she should go through people that know her as it is allowed for them to talk to him. So she should go to her parents or mutual friends that would go to the brother, she should not go directly to the brother, because this will lead to further things. Okay. So she should go through Islamic

00:59:16--> 00:59:27

procedures you should go through the mother or the father, or if she's embarrassed go through the family relatives basically go through people that is allowed to go through that she can talk to and then that thing can talk to the person involved. Okay.

00:59:31--> 00:59:34

We went over this. We went over this.

00:59:41--> 00:59:47

The thing is, this is a long topic and we went over it in detail last week or Wednesday when we go over this. The conditions of the where the

00:59:49--> 00:59:50

Monday went over this topic.

00:59:51--> 00:59:53

And these questions were asked then Okay, can you

00:59:55--> 00:59:57

it's not put in the governor's area.

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

Put in the garbage. What do you mean by SMA?

01:00:08--> 01:00:29

Oh, yes, there's a lot. That thing it is. Can you please explain the ruling on the traveling wife? I've heard Jasmine vs. allottee. Can you explain why traveling life IE foreign travels to a place a lot, but doesn't really do. You can have a wife there who lives with their parents and doesn't have the same rights as a wife? No, she did not allow what this person is questioning what he said, I think

01:00:31--> 01:00:49

I think this is what the question is referring to, is that if a person goes to a strange city are a place like a student, for example, and he married a girl, the students like, you know, he married a girl with the intention of divorcing her. As soon as he leaves that city, but he doesn't put that intention or that

01:00:50--> 01:01:13

condition in the marriage contract, then that marriage contract is valid. This is almost Iijima on this point, that the marriage contract is valid. Now, the differences is over whether the man is sinful or not. And the corrective as far as energy from this date is that he is sinful. The man is sinful for doing what he did. But the marriage contract is wrong because the girl didn't know you're not this is not

01:01:14--> 01:01:39

that everyone knows after one month or one day or one hour, you know, 10 minutes if you want, the manager will be null and void. Okay, everyone knows this and they agree to it. But if the man had the intention in his heart of divorcing the woman after, you know, five years or one year or one month, then the correct opinion is that he is sinful for this intention, but the marriage contract is still valid, because how can you see the marriage contract null and void? The girl didn't know about this, the marriage fraud is Alan's voice.

01:01:40--> 01:01:41

He is sinful because

01:01:43--> 01:01:53

he is sinful because he is cheating. In the sense he is going against the sinful because the man would not agree the winner would not agree to the marriage if he knew the reason that he would do this.

01:01:54--> 01:01:57

No, to say that there is very severe to say that.

01:02:00--> 01:02:05

You might say you might say it is like with Albert, you can't just say that he has a sin of dinner.

01:02:06--> 01:02:07

It's not it's not

01:02:10--> 01:02:15

it's like cheating on the grill in the way because if they knew that he had this intention, they would not

01:02:16--> 01:02:35

they would not agree in the first place. So they say they say that they say that it is a type of impairments like we said, we said that these diseases that a person has this is this is a type of mental disease if you like men in the sense that it is a type of condition that if they knew about it, they wouldn't agree in the first place. Okay?

01:02:38--> 01:02:40

This is this is if he doesn't have this in his heart, he's not sinful.

01:02:42--> 01:02:58

This is what he tells me becomes weaker. If he tells her it doesn't. We talked about this last week contract is verbal. If you put it in writing, all the better, but the contract is revealed then it doesn't have to be put in writing. Okay, so if he if he told her and she knew then it becomes mud

01:03:03--> 01:03:05

No, no, of course not. If he intended

01:03:10--> 01:03:15

that's the that's the context a lot. That's a lot. This is not a divorce thing. But what if one of the conditions

01:03:16--> 01:03:49

that a wife lays down on the husband goes against the karasuma example wife says no jihad or something else fun. Jazz are two types fun dinars quantify the fanzine temperature had no person has the right of preventing you from going okay. It's called a Jihad for practical purposes did not does not exist in America for blind Jihad does not exist in America. Okay, fire jihad. The West has the right, yes. Because this is her. This is where it's not, it's not fun to dine on him to go. Okay, she has the right to restrict something which is allowed for him. She does not have the right to make her own something which is okay. But she does have the right to restrict something which is

01:03:49--> 01:03:50

Hannah.

01:03:51--> 01:03:54

If she stated in the contract, yes. Otherwise, after.

01:03:56--> 01:04:00

Now, it's just another way to if the husband agrees that's up to him, but she doesn't have the right to do that.

01:04:04--> 01:04:27

Yes. Basically, the Uncle oncocytoma is that she has the right to go in the mobile realm of anything that is new that she can stipulate it make it home or her okay. She cannot do to the home or the home site. She cannot say don't pray five times a day. That's not her right. Okay. Don't make them that this is our This is a religious nothing, but she can say anything in the bath.

01:04:30--> 01:04:38

In the world, he says, MOBA anything that is nearby, she says don't wear a green shirt for the rest of my life. That's right.

01:04:42--> 01:04:44

Could we have more than one way?

01:04:46--> 01:04:47

occupy we said

01:04:54--> 01:04:56

no, no, no.

01:04:58--> 01:05:00

No, we have another video posted.

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

obligate obligation

01:05:02--> 01:05:11

there is an obligation upon the son he must fulfill that we have to consider the religious Sooners okay cuz they're religious as

01:05:13--> 01:05:23

well for sure them about religious, worldly MOBA for sure she has every right in anything that is worldly MOBA. Okay, she has the right to do with concerning religious centers, we should go to an item and get a particular

01:05:24--> 01:05:30

type of you know what is about what isn't. But reading about it is my background and my more than one way. Okay. It is whereby it is not.

01:05:32--> 01:05:34

And neither is it. So it's up to him

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

to know more than one way don't know.

01:05:39--> 01:05:43

I don't have any. Let me let me ask one of the sisters questions.

01:05:44--> 01:05:53

If the marriage contract there's an agreement that you don't take a second wife and the husband does when his wife asked him about it can he lied to her because we are allowed to lie to allow it to protect their feelings?

01:05:59--> 01:06:00

The question

01:06:02--> 01:06:34

we have to understand when the past isn't allowed to lie between the spouses? This doesn't mean every single loan the face of the earth? No, it means those type of lies that a wife says to her husband her husband says to his wife to increase the love between them. Are you the most beautiful girl in the world? Yes. Okay, this type of man Do you think I'm the prettiest woman on the face of this earth? Yes, of course your idea you know this type of life? Okay, this type of stuff. It's a lie in a sense maybe he thinks the world is more beautiful than her okay, but does anyone could present I do.

01:06:37--> 01:06:50

Okay, now you have my mouth okay. This type of lies about this type of lie that is meant to be increased the love between the two spouses. Okay, doesn't mean everyone that is allowed to lie between the two. So this will come under that no you're not

01:06:57--> 01:06:58

very good point. Very good point

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

was

01:07:03--> 01:07:15

there's a great optic completer in the after the notification of the marriage after notification of the management of the marriage becomes nullified after that during her it the marriage is still in

01:07:17--> 01:07:18

you ask the question you answer the question

01:07:20--> 01:07:21

you did what did you mean right this

01:07:24--> 01:07:54

is the met when that when the wife accepts Islam, the marriage contract will still be in temporary effect for the time of marriage. Okay, so she cannot remarry another husband because she is married in a certain way to the first time the marriage partner will continue for her but but she is not married in the sense she can't have intercourse with him. Okay, but the marriage piece of paper whenever there are verbal agreements that will have legal ramifications only if he accepts Islam. If he doesn't accept Islam, then

01:07:56--> 01:08:03

she can she the marriage card of course the majority will be null and void and of course as a minority it will be and it will be valid if he accepts Islam even after that

01:08:04--> 01:08:04

okay.

01:08:10--> 01:08:23

So, so there is a condition that the man puts upon the woman or vice versa and then they the condition is is may not okay so suppose the man says to the woman or the wife says to the husband, don't take me outside of America. Okay, you must keep it within America for the rest of my life that

01:08:30--> 01:08:31

that notifies me guys

01:08:34--> 01:08:35

oh, this is awesome.

01:08:37--> 01:08:38

With more

01:08:39--> 01:08:45

in this case, if he if he was this goes back to a city Escalade by the way

01:08:48--> 01:08:56

I must say that if he was alone with her, then there will be an element The only if he entered her there'll be no there was an accident Okay.

01:09:01--> 01:09:30

Now suppose Okay. Let me give an example. Suppose a man mode a woman on the wedding night he finds out that she cannot have intercourse or he cannot have intercourse one of the two. Okay. So they have been alone together. They have been intimate but not had intercourse yet. Now some of them are said that even though they had been alone and intimate but they haven't intercourse, there is no but the greatest is that there will be there will be in this case as long as you were alone together. Okay, only if there has was nowhere only in this case is there

01:09:34--> 01:09:34

was

01:09:36--> 01:09:36

too many Christians.

01:09:38--> 01:09:50

in America today Christian Jews are Muslim and about to marry them. In America today Christians and Jews are Muslim and a lot more than I mentioned this before. It's not recommended but it is allowed. Yes, they would qualify as percentages but it is not allowed to marry but

01:09:52--> 01:09:59

it is allowed to know them but it is not recommended to marry than it is it just for when not to make amendments to their marriage contract. If

01:10:00--> 01:10:04

The groom before marriage told the bride she wasn't allowed to stipulate such and such. And

01:10:09--> 01:10:41

if the if the if the man stipulated in the marriage contract explicitly stated that part of the marriage contract, you will be entitled to this and this and this. And this was a marriage contract, then yes, the woman has the right of enrollment, if he does goes against it, but if it was just boost and claims or once you get married, you're never gonna have to cook early. This is your birth and claims, okay? It's not a part of mezcal, everyone knows the difference, when you actually solidly get together and you put it in writing or you agree that this is a part of America, this is a different situation, if he just posted a comment or she also said the same thing, you know, like

01:10:41--> 01:10:57

this, this, she doesn't have the right in this case turbonomic only when it was an actual in the marriage contract means it was Solomon eyes as a matter of contract either verbally or in writing. But it was understood that this is a part of the marriage contract, then and only then if the man or the woman goes against my contract, do they have the rights of

01:11:00--> 01:11:02

can you divorce your husband in the hope of marrying him again?

01:11:04--> 01:11:10

Just to redo the contract, for example, you know, the problems that arose you can have them written in the new contract.

01:11:16--> 01:11:19

This is pretty pretty loaded elements.

01:11:23--> 01:11:35

Well, first of all the night the woman cannot divorce in the first place, but we're going to get to in the next week, inshallah, or maybe even the week after that, depending on how long we take the right of the right of the voice is with the man not with the woman. Okay.

01:11:38--> 01:11:49

Yeah, and when it's after the plant, he decided he doesn't want to remember in the first place, go your separate ways. There is no guarantee is gonna come back to either, you know, and doesn't sound like a very good thing for me.

01:11:50--> 01:11:51

Okay, any last questions for the brothers?

01:12:00--> 01:12:01

Of course,

01:12:02--> 01:12:05

of course, that that, of course, without any doubt.

01:12:06--> 01:12:36

No woman can remain can have intercourse of two men at any time in her in her, you know, life in the same menstrual cycle? Never had? Yes, she remains they've got to the first month. So if the husband or if a man proposes to the slave girl, and the two conditions are met, that he's in, if he's gonna fall in and he cannot find a free one for a long time. Okay. He proposes they've got to the accept, then the slave girl has become prohibited for her master.

01:12:38--> 01:12:51

Okay, but our is different, though. I mean, we don't want to get to the grisly details because we'll never understand. We'll never understand slavery. We haven't been raised in this environment and society. Okay, so it's just best not even to ask questions about it. We want to understand it.

01:12:53--> 01:12:54

Okay,

01:12:55--> 01:12:55

yes.

01:12:58--> 01:13:02

Okay, a man has no gross we get so close again. People love the verses.

01:13:05--> 01:13:25

By the way, the whole chapters we are skipping over slave girls chapters and chapters. Okay, but if a man has to go, the end he has interrupted to save grace. Okay. Then the children are free, and they have the same status as his children from his marriages. Okay, that's good. Enough.

01:13:27--> 01:13:27

Okay.

01:13:33--> 01:13:45

That's good enough. Now, does she become free or not? But the correct opinion is that any girl that gives birth to a child she takes on a certain status which is called a woman whether the mother of the child