Marriage 06 Conditions For A Valid Marriage Contract Part 2

Karim Abuzaid

Date:

Channel: Karim Abuzaid

Series:

File Size: 32.08MB

Episode Notes

Share Page

Transcript ©

AI generated text may display inaccurate or offensive information that doesn’t represent Muslim Central's views. Thus,no part of this transcript may be copied or referenced or transmitted in any way whatsoever.

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

In Al Hamdulillah Muhammad who want to start

00:00:08--> 00:00:09

when our

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

fusina woman, Dr. Medina, Maria de la bufala Malala

00:00:17--> 00:00:19

woman your little fella de la

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

ilaha illallah wa sallahu la sharika

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

y shadow Anna Mohammedan abacha who wore a suit of

00:00:32--> 00:00:39

my brothers and sisters in Islam Assalamualaikum warahmatullahi he wabarakatu

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

This is lecture number six

00:00:45--> 00:00:54

of the series love marriage and divorce. And like we mentioned over and over before,

00:00:55--> 00:01:00

the name is fancy, but we're really talking about circolo Sora.

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

And this is lecture number two dealing with the marriage contract.

00:01:08--> 00:01:11

I really believe that if you are a father,

00:01:13--> 00:01:15

have daughters up for marriage.

00:01:17--> 00:01:24

ie to make yourself acquainted are aware of the conditions for a marriage contract to be valid.

00:01:27--> 00:01:30

And also if you are someone who's about to get married,

00:01:31--> 00:01:41

you also need to understand what will validate and invalidate the marriage contract.

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

The marriage contract aka

00:01:46--> 00:01:49

my brothers in Islam and my sisters in Islam,

00:01:51--> 00:01:54

Allah subhana wa tada described it to be me.

00:01:59--> 00:02:00

Okay. O'Donoghue

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

Ba ba ba, ba ba, ba ba ba Camila ba.

00:02:07--> 00:02:09

Me komiza finale.

00:02:11--> 00:02:16

Allah subhanaw taala described to be firm, strong bonds.

00:02:17--> 00:02:25

The only bond which was described with that description in the Quran is the bond and the covenant

00:02:26--> 00:02:29

with which Allah subhana wa tada established

00:02:31--> 00:02:34

or the covenant which Allah subhanaw taala established with the messengers

00:02:36--> 00:02:39

while hunting them into me Falcon vallila

00:02:40--> 00:03:23

when Allah subhanaw taala spoke about the messengers and the commitment to deliver the guidance to the people. So we are to pay attention to the conditions of the marriage contract, I really want to build on the last lecture because if I start from the beginning, that means we're not going to finish. So, if you have not attended the last lecture, or listen to it or watched it somewhere, then go back to lecture number five, you will find out that we have already spoke about some of these conditions. But in recapping the marriage contract has pillars, has a duty and has conditions for it to be valid.

00:03:24--> 00:03:26

two pillars and

00:03:27--> 00:03:51

one comun I will cover when both are correct. pillar number one is proposing pillar number two acceptance. And this happens in front of basically the religious person, the religious scholar or whoever will boot these two individuals together.

00:03:53--> 00:03:57

And we spoke about this and then we spoke about the one

00:03:59--> 00:04:42

the one duty of marriage, which is the delivery, the delivery is one of the duties, one of the big bet that you must fulfill for the marriage contract to be valid and we discussed the status and the ruling regarding dowry dowry does not invalidate the marriage contract. Like if you get married to somebody and at the end of the day you did not out of forgetfulness, give a dowry then the marriage contracts still valid. But in general, if you want to put a marriage contract together, you cannot intentionally basically

00:04:43--> 00:04:59

avoid mentioning of the dowry. Otherwise there is always that speculation that the marriage is invalid for you. Then we got into the conditions and we mentioned there are 678 in some books of nine

00:05:00--> 00:05:07

other books you will find 10. But they all go around the same are the core issues. Number one,

00:05:08--> 00:05:16

the husband and the wife, who are about to get married must be clearly identified. It cannot be vague.

00:05:18--> 00:06:09

You tell the person that I'm giving you this, my daughter in marriage, you identify who she What is her name? You could describe her if you want, but it cannot be ambiguous in the way it cannot be unclear. Because he is a possibility that a father has more than one girl one daughter, three or four or five. One of them is not, you know, a good candidate for marriage because of some here and there. And okay, I given you my daughter in marriage and you give him this one. Then you come back and say No, I never agree to this one. Then you find yourself as what? Roger lasagna, he tells dry, masala, Salafi madeon in radio and on key hacker. Natalia had a one of those two, and he pointed at

00:06:09--> 00:06:10

them like this.

00:06:11--> 00:06:54

How do you ID number two and we talked about this in details last lecture. Number two, realize Zoo Janie Jani zone, it's granted that he must agree. But in a way also his father and mother cannot force him to marry a certain women. But really what is meant here by the acceptance is the acceptance of the girl of the daughter of the wife. She must agree to the marriage as well. And we talked about this led to a Mohatta to start while the crew had to step then for polio rasulillah Okay, you know, her Carla and

00:06:55--> 00:07:41

a woman who was who was previously married cannot be given in marriage without basically her clearly stating that she wants to get married, and she wants to get married to that person. And as a woman, who had an experience with marriage before also held Aquarian, whether her husband passed away or whether she is divorced. This woman is not to be given in marriage without her clearly stating that I want to get married. And big difference virgin, a woman who never a girl who never been married before. She must basically give her permission to her ballet. What happens if she shies away? She does not speak because she's shy. The Prophet sallallahu alayhi wasallam mentioned that if she is

00:07:41--> 00:07:47

silent, then you know that she accepts the marriage. And we talked about this in details as well.

00:07:48--> 00:08:01

We mentioned there are some exceptions to this. Jani been a man a father who has a girl who's Mashallah up for marriage, she has all the qualification to marry. But her mental is not the

00:08:03--> 00:08:05

mental condition is not sound.

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

Or she doesn't know.

00:08:09--> 00:08:12

There are some cases like this, then

00:08:14--> 00:08:32

the person was putting the marriage contract together can pass on this one. But in general, no, we come to the really crucial issue in the marriage contract, which is a lot of people have gone astray once it comes to it, which is the wedding.

00:08:34--> 00:08:48

It is a condition for a marriage contract to be valid, that the guardian of the women must be giving that women and marriage to the first

00:08:49--> 00:09:33

there is no question about if you want to go through the debate between the school of thought of Lima Maria hanifa and the gym hold the majority of the jurists Go ahead. But I'm telling you whenever the evidence is in the side of any of the jurors we state we say it the evidence is not in the side of Imam Abu hanifa once it came to this issue, and what you find is a lot of Muslims who are not aware of the Quran, are not aware of the Sunnah are not aware of the debate or not aware of the you know, the the differing, which takes place in the level of these imams. They go ahead and jump and say, You know what, I'm gonna give myself as a woman I'm gonna give myself and marriage

00:09:34--> 00:09:43

because this Imam said it's okay. You cannot do this. Are you mama Hadith is baignoire au mama Naka hotness.

00:09:44--> 00:09:59

De fennica ha ha ba ba Kenan Barton three. Any woman who gives herself in marriage, without the permission of her will leave her guardian, then her marriage is invalid, invalid invalid and we cover this

00:10:00--> 00:10:21

We talked about this in details. Another one I go into the debate again, if you want to check this out, review the lecture last week, and you will find out that the evidence is in the side of the basically the majority of the jurors that there really is a condition for the marriage contract to be valid.

00:10:23--> 00:10:26

We have issues here. What happens if

00:10:27--> 00:10:31

First of all, who's the lead for the woman? Who is the

00:10:32--> 00:10:33

man who already

00:10:39--> 00:10:42

yakou Elementary shokin rahima Hola.

00:10:45--> 00:10:51

finais native our ta le you who will occur a boom in Alaska? I will.

00:10:53--> 00:11:18

Damion the guardian of the woman is the closest to her from her asaba from her back Ghanian, meaning her father's side, Father side had lost Sabah milanesa de Valle Aamir Khan, federal emammal, e. u, mela de la. If she doesn't have anybody, then the Imam becomes the Willie and I'm talking about not the Imam of the masjid.

00:11:19--> 00:11:37

The Navajo enamel oma Mm hmm. But of course in America here, this could apply to mm msgid your poodle Mauer de mal de Rahim, Allah, Philip now I will analyse being geheel maratea Buddha.

00:11:38--> 00:11:45

The first one who takes precedence takes priority once it comes to giving a woman and marriages are farther

00:11:46--> 00:11:48

from Abu

00:11:49--> 00:12:02

what happens if your father is dead? Who comes next? His father, meaning her grand father. Let's say that her grandfather's still alive the father of her father, and her father's dead.

00:12:04--> 00:12:10

Grandfather young son, messages do have in Abby, her grandfather from her

00:12:11--> 00:12:13

father's side, not the mother's side.

00:12:17--> 00:12:17

Then her brother

00:12:19--> 00:12:39

But what happens if she has a half brother and a full brother who comes first? Full brother, then half brother Summa balou then his children meaning they refuse to Malhotra and then the closest incans

00:12:41--> 00:13:38

for you. If no husband Phil mohalla your food Hello, Lil marotti Nika who say bancha nikka antiban qanat ambica illa de novo Lee and this yada yada yada to, to what we're saying? A woman cannot give herself in marriage. Whether she is a virgin or previously married by herself. Her family must give her in marriage to Morocco. Then he mentioned abou the father and the brothers mljet do Yana mljet dalin a, an f1 f1 f1 jet. He basically given precedence to the brothers over the grandfather. Well, then the uncles then the nephews as well. How the apolonia Matthew Moto E 11. Anybody?

00:13:39--> 00:13:43

Anybody can be hourly? No, there are some conditions

00:13:45--> 00:13:46

for the valley to be hourly.

00:13:48--> 00:13:56

Yeah, Ricardo Lau la Attali Moroccan wala sabihin wala Majnoon in Wirecast.

00:13:58--> 00:14:04

And column number one, he must be at the age of puberty.

00:14:07--> 00:14:13

Let's say the woman has a brother, but he is under the age of puberty.

00:14:15--> 00:14:16

And she has a grandfather

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

who should be there.

00:14:21--> 00:14:32

Because a survey, he cannot give, he cannot give her in marriage. He must be at the age of puberty. This is number one. Number two sanity. He has to be seen.

00:14:35--> 00:14:54

He's aware. He's seen he's not a baby. He knows what marriage is. He knows what the implications what the rights of a woman in marriage is. Because you see if a problem happens in the future Guess who's who will be called in when a when a problem happened.

00:14:55--> 00:14:59

You call the value of the the woman now if she chose a little boy

00:15:00--> 00:15:30

To be here, will he? Will he advocate for her? Can he stand an advocate for her rights? Absolutely not. He will not. He will stutter. And then the women will lose her rights. You see Islam builds and deals with the issues, basically until, you know, until the very end, then comes in for me. Yeah, he cannot be asleep. He cannot be in sleep. That's three. Number four, as Luke Uhura, he has to be a meal.

00:15:31--> 00:15:37

He has to be worth a meal. Now the question is, can a woman give a woman in marriage?

00:15:39--> 00:15:45

If the woman cannot give herself in marriage, can she then give another woman and marriage? Men

00:15:47--> 00:15:50

obviously not, will never allow themselves to feel

00:15:51--> 00:15:53

happy, led to some will

00:15:54--> 00:15:54

want

00:15:55--> 00:16:26

to NASA, a woman cannot give another woman in marriage. And a woman cannot give herself in marriage. Jani bra mother, she doesn't have a husband and she has a daughter? Can the mother become the holy become daddy? No she cannot. She has to find a close relative to this woman from her father's side to be here Willie what happened if she does not find then the result the final result is an emammal Wiley Yun

00:16:28--> 00:16:32

de la the amount of the Muslims not the Imam of the masjid.

00:16:33--> 00:16:40

The name of the Muslims the Imam of the party or whoever the amount of points sometimes the Imam appointed

00:16:41--> 00:16:57

for the Shabbat he cannot take care of the affairs of all of the Muslims then he appoint a certain individual to be in charge of the marriage issues llll Osasuna then whoever is appointed by the man takes basically that we learn from him

00:16:59--> 00:17:31

now as the Cora as well brothers, brothers and sisters in Islam, the fact that he's a meal goes in their original harness and then who is not what really a man I understand what I'm saying in seven in seven if it is proven, if it is proven by evidence or he identified himself to be basically not a full gear man, then he cannot be the only either and you know what I'm talking about? I'm trying to hint here. Number 485 per Dean.

00:17:32--> 00:17:36

So what I'm talking about is you know what I'm talking about what are these conditions

00:17:38--> 00:17:43

the conditions that have to be in the valley now not everybody can be overly

00:17:44--> 00:17:57

Mauer some of the brothers and some of the sisters some of the sisters they complain My father is not really fully aware of marriage he's you know he's not this and that is a colloquial

00:17:59--> 00:18:08

he's not you know aware of this and yo t no problem there is an alternative you have to go to the next person in line. Okay, once it comes to the Willie

00:18:09--> 00:18:19

there are some conditions that must be fulfilled that must exist in this person to be that Willie for the woman we mentioned number one is what

00:18:25--> 00:18:38

let's say he has to be accountable attack leave it at least if you say tech leaf you could you get those two, he has to be reached the age of puberty and he has to be what say those to say macula

00:18:39--> 00:18:48

macula, a person whose macula a person who was held accountable he must have reached the age of puberty number two, he must be worth

00:18:49--> 00:18:53

a lot. While boo boo number three

00:18:56--> 00:19:01

meal he has to be me a woman cannot give another woman in marriage number four

00:19:04--> 00:19:29

he cannot be asleep Of course this is doesn't exist now. But you know back and forth and hurry as a condition number five, they must be of the same Deen the same religion and this is upon Allah when we that lecture. We think some of the brothers put that lecture online. And you cannot imagine the you know the because sometimes when you mentioned an issue

00:19:31--> 00:19:39

and you don't really give the whole picture, you find yourself in trouble once it comes to fish. So they ended up placing it in a revert

00:19:40--> 00:19:41

website.

00:19:42--> 00:20:00

You remember last lecture where I was so stern about the condition the valley and so forth and so forth. So everybody was like I the question. You got me all these questions. Women are saying our fathers are not Muslims. How they can be our winning right here. The condition

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

That he must be of the same religion. And careful cannot be that well he for a Muslim woman, if a woman reverted and we say this to the sisters who reverted to Islam accepted Islam, if your father, not yet a Muslim, then he cannot be your wedding. Your wedding he then becomes the man of the Muslims, or the Imam of the masjid, if you live in America or England, or in England or Australia or one of these Western countries, the Imam, you come to the masjid and the then the Imam becomes your family. So sisters, you see the rule here, that the Father, the blood, father are the brothers and as they have to fulfill that condition, which is what Islam they must be what muslims for them to

00:20:48--> 00:20:53

qualify to be the valley, the guardian of the women.

00:20:54--> 00:20:58

And basically, the man becomes then the Guardian,

00:20:59--> 00:21:24

the eg man, I want to say this there is a consensus over this issue by in amongst the jurists, why not call ahead and email a blue moon and the man and half of the Blue Moon del Rahim Allah, he actually recorded this consensus in his book that a non Muslim cannot give a Muslim woman in marriage to a Muslim. And vice versa, by the way,

00:21:25--> 00:21:30

a Muslim cannot give his daughter who rejected Islam in marriage.

00:21:31--> 00:21:50

Understand, it had a deed it does have to do. The two religions must be what matches Yeah, and let's say a Muslim brother, who came here will add Willa and Allah subhanaw taala. And your father banana. We ask Allah subhanaw taala to guard our offspring, and then his daughter left Islam.

00:21:51--> 00:21:55

Can he still give her a marriage? No, he can.

00:21:56--> 00:22:03

Because the religion is what is different. He cannot give her marriage. So he had to do both cases.

00:22:05--> 00:22:06

There are weird cases.

00:22:08--> 00:22:10

Not Korean women should have it.

00:22:11--> 00:22:12

A woman who is a Muslim

00:22:14--> 00:22:17

but because of the fear of her family.

00:22:19--> 00:22:20

She's hiding her team.

00:22:22--> 00:22:29

She has she has not disclosed her lineage to her family because she's afraid that her family will walk. Yeah, just head out.

00:22:30--> 00:22:33

Is it permissible or no? She is in

00:22:36--> 00:23:05

Waterloo, mine with Billy man, as long as her heart is rested on faith. Casa Martinez Matura Maru, we say it's permissible. There is a fear for her that she will be exposed to fitness. Now she's hiding in Islam and she goes and she wanted to marry Of course, she's gonna have to marry a Muslim right? Now, if she discloses her religion to her parents. What is going to happen? She's going to be in trouble.

00:23:06--> 00:23:10

Now, is it permissible then for the father to become the

00:23:15--> 00:23:19

answer me? Yes, it is permissible in that case.

00:23:21--> 00:23:22

Exceptions

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

what are called shackle Islam.

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

This is the view of IGNOU Tamia.

00:23:29--> 00:23:31

Allah Hey, Mama, Karla, Nika Hawsawi.

00:23:32--> 00:23:35

If it happens that a non Muslim,

00:23:36--> 00:23:50

even look at this now, here's another scenario, let's say, a Muslim woman who actually knows or he she actually disclosed her Islam to her family.

00:23:52--> 00:23:56

And she did not know that her father cannot be here. Well, he

00:23:59--> 00:24:03

and her father or the man who put the marriage together, he did not know that either.

00:24:05--> 00:24:09

And he put the marriage contract, and he needed the non Muslim father.

00:24:12--> 00:24:17

And they've been married for two three years and they have children. What is the ruling on this marriage?

00:24:19--> 00:24:38

valid, their marriage is valid. The children of the children of the this man This does not invalidate the marriage this special case again, because of what ignorance But should you plan this, this will then make the marriage invalid.

00:24:39--> 00:24:54

But if it's done out of mistake, it is done because of this and that, then we just move on and simply say that the marriage is valid and the children are children from the

00:24:55--> 00:24:56

basically the marriage

00:24:58--> 00:24:59

for you

00:25:01--> 00:25:04

Number five, still talking about what now

00:25:08--> 00:25:10

the condition for the only number one is

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

come

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

macula, meaning he's seen, he has reached the age of puberty, he is free. He is a male. Number four,

00:25:27--> 00:25:31

the same faith, number five la akuna Marina

00:25:33--> 00:26:15

he cannot be in a state of haram because you know, when you are in a state of a foreign basically you cannot come to somebody who's performing an ombre. We can do this. Yeah, this is a very rare condition. But let's say that somebody it happens that somebody took his daughter with him to Mecca and somebody saw her and Mashallah you want to get married to her, and so forth. And he's in a state of Iran, can he give his daughter in marriage while he's in a state of No, his height is invalid. And the marriage contract, if it is established in that condition is is what is invalid either. Number six, and this is really an issue if we're, we're also there is a debate over it. And that

00:26:15--> 00:26:34

debate caused a lot of fitness, a lot of fitness in the oma Aladdin, that the Father although he does not have a good character, it can limit method and a sister calls me shave, my father is a thief. Can he become my wife? My wife

00:26:38--> 00:26:42

loves the law, good character. And he does not lie, he does not cheat. He does not

00:26:44--> 00:26:57

steal him He must have a good character. Now what happens if the father is not rd? He is not basically of a good character. Can he still be there? Well, he

00:27:01--> 00:27:11

had an Yani, this is an issue. And I'm telling you, I want to give you the final outcome of this. As long as he is aware of the welfare of his duties.

00:27:13--> 00:27:14

He is the one

00:27:15--> 00:27:16

regardless,

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

the jurist is thorough to Lada fiza. to research.

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

They applied the condition of a good character once it comes to marriage. For example, He is not somebody who's selling and buying his daughter. What do you mean? eg my son and the brother wanna marry my daughter? I don't have a good character. I'm so much into money, how much are you gonna pay

00:27:44--> 00:27:48

10,000 and he goes 1525 30

00:27:49--> 00:28:32

or he gives her up to somebody because he wants dunia out of this, then he loses his basically will his guardianship because of these reasons. He misses on the guardianship, because of these reasons. But other reasons like because it happens here for a lot of times, a lot of times you find the sister, she want to get married to another brother to the brother, and she went to boot her father off the picture, she goes to the shape shape, my father is so and so and so on, so on, so on. So and she tries to convince the shape that the Father is bad, he drinks, he smokes, he does not do this. He does not do he does not pray. He does feel He's a thief. Can he still be my worry shape? He's so

00:28:32--> 00:28:35

bad. I don't want that to be my worry. He's usually

00:28:36--> 00:28:50

he is usually in spite of this, as long as he sound in the area of marriage, as long as he knows the welfare because you need to understand that these rules. These conditions were established to protect what

00:28:51--> 00:29:13

the daughter to protect the welfare to protect the rights of the women when there is a problem in the future. As long as if he's this way. Then we say this word has to be established with the presence of this particular guardian. So how many conditions that we mentioned for The Guardian now? Five, number one.

00:29:16--> 00:29:24

macula meaning puberty reached the age of puberty and he said he's free. He's a male, number five.

00:29:26--> 00:29:34

The same face number six, the same faith not face to face. Dini on the

00:29:38--> 00:30:00

right, and then we have what? Elijah shabalala Zhang colada in what area the issue of the issue of marriage in la de la de da de la de la palabra with character that means he does not lie, he does not cheat. He does not steal. Come if you're gonna apply this literally none of us will be

00:30:00--> 00:30:41

Believe it. Really, I mean, we're gonna just, you know, our daughters, they're all gonna end up getting themselves in marriage basilar del Estado de la de la, we're in the issues of what? He cannot be my son, the youth messenger, he cannot be okay, why didn't you come and enjoy my daughter a little bit until I gave her marriage and give me some money, Venus, Venus and unox, filthy adularia. Some people they do this. If he is bad in this area, then we lose it, then he loses basically the guardianship of the daughter and it is to be moved to the next basically, in blood. Now, we mentioned the condition number one for the marriage contract is well

00:30:43--> 00:30:44

come on

00:30:47--> 00:31:12

the husband and the conditions we're not talking about the pillars. We're not talking about the duties. We're talking about the conditions condition number one that the husband and the wife have to be or has to be identified clearly. Number two, the acceptance of the wife number three, actually, number four, two witnesses. You must have two witnesses. What is the evidence?

00:31:13--> 00:31:17

Jared Nabila Allahumma de FEMA Gemma

00:31:18--> 00:31:24

also learned in BYD in Russia he adilyn

00:31:25--> 00:31:26

lanica

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

when you hear this one Anika had an F.

00:31:32--> 00:31:35

lol. Nafisa ha well and has

00:31:39--> 00:31:42

nothing to do that this kneecap does not exist.

00:31:44--> 00:31:45

If you don't have our day,

00:31:47--> 00:31:51

we talked about the worry and what to witnesses

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

who to witnesses Gianni masala che I'd love

00:31:57--> 00:31:59

to see two witnesses.

00:32:01--> 00:32:03

lynnderella Colin,

00:32:04--> 00:32:09

the jurors they have two views regarding this issue. I'll call our

00:32:11--> 00:32:14

Mirza bathmat was shared a little

00:32:16--> 00:32:39

below a lay of sonica in Derbyshire he the Misha hidden that the marriage contract is not valid without the two witnesses. This is the view of Lima Lima sheffey Rahim Allah hi Jamie and their evidence is what the Hadith that I just quoted al kolu theory the second view and nica

00:32:43--> 00:32:48

then you get is valid without witnesses but look at this now it started to

00:32:50--> 00:32:54

shave but they said what it is a condition that you announcing

00:32:58--> 00:33:01

cold However, it's a very weak view.

00:33:03--> 00:33:14

Even if even if you announced the marriage contracts, let's say okay, two individuals a husband and wife came into the masjid in front of you okay well husband and wife good

00:33:17--> 00:33:23

the marriage contract is put this way because there is what declaration public say that

00:33:24--> 00:33:26

a problem happened they elite

00:33:29--> 00:33:43

now we need witnesses we agree to certain terms right? You're gonna give her what $10,000 in dowry? We agreed to this. We agreed that you will do this and this and this. Who did not agree to this? Okay, what is the witnesses?

00:33:45--> 00:33:46

What is the witnesses?

00:33:47--> 00:34:00

properly? Okay, who was in the wedding? Oh, I think I had was there a hammer? Can you please come and witness? Well, I attended the wedding. But I didn't really know what happened between you guys.

00:34:01--> 00:34:24

Right? Isn't that a problem here? But you are identifying Brother, you are witness to this marriage. And here is the conditions Listen to this. so and so and so when he's called to witness while I bet Shahada meadow. He's not to be he's not going to reject the notion of coming until witnessing the marriage contract. So

00:34:25--> 00:34:59

the most authentic view that those two witnesses must be identified clearly and they must be witness to the marriage contract. And they must imagine the whoever put the marriage contract together. He must be what he must give them aware of the conditions have to bear witness to this marriage contract. This marriage contract established in this basis when the shelter lock data when FEMA Hakata will mocker hacker will look at them Hakata He must be because later on when we have a problem.

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

You want to call the witnesses to the court. So they will bear witness you cannot just okay witness this and then without you're getting my point. So they must be identified clearly before the marriage contract. There are some conditions also that must be fulfilled or must be must exist in the two witnesses. For them to be witnesses, you don't grab anybody out of the street. And this is what happens. You know, a brother goes undercover Bakhita, can you witness Can you lead there are conditions that must exist in in these witnesses for the witnessing to be valid number one Zechariah e

00:35:42--> 00:35:43

mails?

00:35:45--> 00:35:59

A jazza Abu hanifa Imam Abu hanifa mo la cucaracha up and another his view is supported yada yada yada pass had a laugh Dada Billy Elba he used the analogy

00:36:00--> 00:36:11

to the marriage contract with the October you fail and he do fail on your coonara July 24 June, one rotten memento Nabina Shahada

00:36:13--> 00:36:45

data to be a data Diane to Medina and Elijah Muhammad. Abu hanifa Rahim Allah used an elegant he said it is permissible for basically a male witness and two women but this is only the view of the Imam Abu hanifa Allah can you move that you have the majority of the jurists that the Two Witnesses must be what meals number two, they must be more or less a knee they have also to be you cannot bring a child with this one the marriage contract he has to be one.

00:36:46--> 00:37:01

He has above the age puberty and he must be also seen macula He must be McCullough number three semi IE he was able to add to here obviously he was somebody to witness in America.

00:37:03--> 00:37:11

Brother, he's not going to hear anything. And he must be able to do what to speak Mussolini IE Muhtar Kent Lima he

00:37:13--> 00:37:25

also he must be just as well they differ over the issue. But here is the other condition which is so important Muslims do say Muslims to Muslims, Abu hanifa

00:37:26--> 00:37:28

Yeah, honey badger was I even

00:37:30--> 00:37:34

said it is permissible for a non Muslim to witness to

00:37:35--> 00:37:41

a contract from a Muslim to a woman who is a Christian or Jew.

00:37:42--> 00:37:47

Younger, just said, like let's say that this is again the view of a man

00:37:48--> 00:38:12

that the Two Witnesses must be what must be witnesses, but Abu hanifa said that if there is a woman who is a Christian or Jew who is going to marry a Muslim, then it is permissible to have a witness who was not a Muslim that had this is the view of Abby hanifa But here is the most important condition level Danny acuna aslani

00:38:14--> 00:38:40

they cannot be from the line of the husband on the line of the woman you cannot bring the brother of the husband to witness you understand you cannot bring the brother of the wife to witness Lee Why? Because when it there is a problem and they sit in front of the judge, if this person comes in here with this for his sister against the husband will his chair that he accepted that

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

he

00:38:44--> 00:39:01

will so he cannot be from what family member? He could be from the mother side. He could be a friend, but from the Father side, no, he cannot be a witness. These are the conditions for the marriage contract. So we mentioned the conditions

00:39:02--> 00:39:31

are we are we confused enough now? We're confused. So many things are happening at the same time. So we're still talking about the conditions for a valid marriage contract we mentioned number one, the husband and wife clearly identify number two, the acceptance of the woman number three, the Willie number four we talked about the condition that must exist in our day. We talked about the two witnesses and the conditions that must exist in the Two Witnesses are good. Can we move on to condition number five, condition number five L

00:39:35--> 00:39:43

and this is a condition here is important. This condition by the way, is the reason why we have a lot of wicked marriages

00:39:45--> 00:39:48

with 11 A and L and with Debbie those three conditions

00:39:49--> 00:39:53

in Bali the permission of the wedding.

00:39:54--> 00:40:00

I'm telling you most of the marriages which we have now are wicked because they lose the

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

three conditions, and we'll

00:40:02--> 00:40:06

be happy that you're marrying the sister for.

00:40:07--> 00:40:08

It's not

00:40:09--> 00:40:23

you don't have any reservation in your heart and we're gonna talk about this in a minute. You're not you're not having any reservation in your heart. You know what I'm marrying him for the green card as soon as I get the Green Card I'm gonna divorce or hazard This is invalid, or like they do.

00:40:25--> 00:40:33

If you go to town if you go visit Los Angeles, for example, California, and then we have some people who call themselves Muslims. Okay, I can take away for a week.

00:40:35--> 00:40:42

He goes, would you like to marry me for a week universal massage de la Mota had just for fun to have a woman just for fun.

00:40:43--> 00:40:58

Again, la, la land with those three conditions we talked about in la. La Land is a condition to that you announced you cannot take a sister in secret somewhere to any man. She

00:41:02--> 00:41:20

announced it. What do you mean? later on? You're gonna walk with her in the street. You're gonna drive with her in the car. People are gonna look at you. Why those two guys are doing what those guys are doing together. Ah, man, look, they are doing the wrong thing. That is bad. That is why what?

00:41:22--> 00:41:27

You must announce the marriage contract cotyledonary sallallahu alayhi wa sallam on Friday.

00:41:28--> 00:41:37

This is a chain of narration facility. It was Muslim. Karla salaallah alayhi wa sallam Lino minica

00:41:38--> 00:41:40

announced the marriage What?

00:41:43--> 00:42:02

massage it and do it in the masjid to do the marriage contract in the masjid This is actually as soon as that we should stick to one three boo boo and beat the drums that's the only situation plus elaida those are the two only two cases the two eight and marriages were allowed to do what

00:42:03--> 00:42:11

drums not music drums took took took took took took took rap music, okay. Music is something else a akuto

00:42:12--> 00:42:32

aluna era will hurry while hammer while my eyes if time will come on some of my followers will make local instruments. It is permissible on the wedding day that you know you you beat the drums, the drums and you have to play drums nothing like that the music instrument.

00:42:34--> 00:42:35

Of course it's very sad these days. Yeah.

00:42:37--> 00:42:58

Yeah, Annie. Amazing. This announcement of the marriage contract. They tell you that, okay, they do a car where they place the name of the woman and the woman Tallulah you're invited to the wedding ceremony of Mrs. so and so and so and so. And then the woman goes the sister goes to the hairdresser

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

before the wedding day and the hairdresser is me.

00:43:04--> 00:43:06

Sure, Yep. Yep.

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

Yep.

00:43:08--> 00:43:29

Marcy, he begins. She begins her wedding life with this obedience so Allah subhana wa tada that you go to a male here we are Salam sometimes, you know, they they get those in the movies. They try to justify this and they get the hairdresser's or not really men, you know, halfway in between. Oh, he's okay. He's not really interested in men. What do you mean by this?

00:43:30--> 00:43:36

With your wife is messing up with your wife's hair, your face and so forth. Blocking women blocking

00:43:38--> 00:44:04

Missa lockers is a woman who blocked and the woman who does the blocking? Oh, these are just some of the election. Also that the husband the husband goes and he tells his the guy do I want my bill that is in dignity Selma, I wanted to shine so he goes ahead and do what Jeff has been. The husband shaves his beard in order to sit next to the

00:44:05--> 00:44:30

bed lady. Sometimes you find liquor, alcohol, music, mixing women wearing nothing basically in these winning ceremonies. Cool. Had a cool extra ally as well. Sometimes you get invited to some winning out of line out of line, the way that they bought, you know how much a wedding would cost now like they start planning they get a wedding planner, there are people in the business of wedding planning.

00:44:32--> 00:44:38

wedding planning and planning the day and how long this is going to take and you're gonna walk in there. No Sure.

00:44:39--> 00:44:59

This is too much. This is Merci, merci. Save this money, give it to the poor and that was why I got invited to some of the winnings out of like, the way that they do things and they go and they invite people to come and sing music and so forth. And so Pinilla and Manuel celibacy

00:45:00--> 00:45:07

So simple. Put the marriage contract together. Hmm. And then invite the neighbors in the family

00:45:08--> 00:45:11

and reveal alima for them, maybe Salah. He said, Now,

00:45:13--> 00:45:58

Misha Mika walima for them, even if it is what a little sheep and inviting Misaki big salaryman what an overwhelming, we're only the rich are invited to it, he will invite the rich people, when the poor and the needy them as a key they need to eat, they need to eat something they need to enjoy this day, they are not invited. Our religion is so simple. Our religion is so pure, we should stick to the Sunnah of the Prophet sallallahu. He was he was the last. I'm sorry, the condition before last which is number six is at bead. Like I mentioned a minute ago, you cannot go into the marriage contract with reservations that this marriage is only for a year or two. And ideally, you live in

00:45:58--> 00:46:38

the West, we have a lot of brothers who come to America because he want to stay here. So he must marry another lady. Then he goes and he marries her with the intention what as soon as he gets the paperwork, he has been eligible, this marriage is invalid, marry her. And if it happens, you're gonna divorce her later. That's no problem. But get into the marriage with the with the intention of what? That you want to stay with this woman and what a lot of cases will lie. Just today I received this letter A brother is asking this question a brother is asking, I married this woman to get the paperwork. And she is not Muslim. And she's going around and I had the children with her. What

00:46:38--> 00:46:42

should I do? What should you do your child responsible for these children?

00:46:43--> 00:47:00

In the Day of Judgment, Allah will ask you about these children. Now you want to leave it now he's telling me the rest of the question is not for me. So so he doesn't even know. So there's not backbiting Okay, this is permissible. I tell him he want to go and marry another Muslim devoted Muslim woman from his country now.

00:47:02--> 00:47:03

What about these children?

00:47:04--> 00:47:43

What are you gonna do with these children? I'm not telling him this is the ideal situation here. But your children would the women at least try to give her an hour at least try to stick around until these children have grown up, you're going to be asked and the day of judgment about these children to begin with. And you know, why? Why this marriage is not successful. Why you found yourself in that position. Because when you got married, your intention was just to get the people you married the women just for the people. And that is why you have to pay for it right now. They have to go through the fitness you have to be patient. We we say that you cannot go into a marriage contract,

00:47:43--> 00:48:06

we cannot have a marriage contract, which is fine. And like I said a minute ago that this dismisses the types of marriages which happens and the fear of people who call themselves Muslims, lowers origin Motorhead when you go to a town and then because you're staying there for a month or two, then you go and take a woman for a month or two.

00:48:08--> 00:48:34

The last condition and I really want to finish this quickly, inshallah. The last condition, which is condition number seven, which is the women cannot have anything which basically obstacle which simply would make the marriage contract to be invalid. In fact, well known. So this is how it's worded. Yeah. Neil monisha. There are women you cannot marry.

00:48:35--> 00:48:43

Period. And they divided those into two categories. Mohamed nica well more academic.

00:48:45--> 00:49:10

A woman you cannot marry because of so many reasons. Or a woman who is in a state of Ed that she's still going through her ID let's go with the first one. I'll mohana to Finn nica. A woman to whom you cannot get married to divide them into two groups. group number one, you cannot marry them period. group number two, you cannot marry them because of a reason.

00:49:12--> 00:49:22

Once it comes to those to whom you cannot marry to period, there are number one four of them al Mohamed to be NASA

00:49:26--> 00:49:28

because of a blood relationship Who are those?

00:49:29--> 00:49:33

Who are rheumatological Omaha to come your mother's

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

and grand

00:49:38--> 00:49:54

grandmother Sue Can you marry your grandmother, show your mother and above us Louisiana. Hurry metallicum. Omaha to come your mother's to webinar to come your due to a new grant

00:49:55--> 00:49:59

daughter's grant due to a house

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

To

00:50:01--> 00:50:34

a three hour tour then you rock sisters full or half both sisters hurry Metallica Omaha to como como la to come for an hour to come your aunt's from your father's side in order to be a fly you know in America hero the culture he didn't differentiate between the ends alarm alarm will call we have something in the Quran the Quran gives a special name to the end from the Father side the guru

00:50:36--> 00:50:39

or the uncle from the Father side is called what?

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

And the end from the mother's side they call it what holla and the uncle from the mother's side we call it what Hall

00:50:54--> 00:51:06

polymetallic mama had to come to come to come to serve three mothers grandmothers, daughters, granddaughters, sisters and what

00:51:07--> 00:51:10

and and the nieces and

00:51:12--> 00:51:20

annatto ads from your father's side wahala to and from your mother's side whether natural or unnatural

00:51:22--> 00:51:30

and the nice is from the brother side and then he says from the sister side those are seven from blood

00:51:33--> 00:51:36

can you marry those you cannot marry them period.

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

Now

00:51:43--> 00:51:48

how do you it inshallah. So this is you cannot marry them because of her lineage. This is number one.

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

We have after that and Mohamed to build rubba

00:51:56--> 00:52:00

you cannot marry them because of what this is number two. breastfeeding.

00:52:02--> 00:52:04

Why Yeah, horrible. Amina Raja

00:52:05--> 00:52:06

nessa

00:52:09--> 00:52:12

I'm sorry, the mother, the sister, the dude.

00:52:13--> 00:52:28

The End father side, mother side, the children from the sister and the children from the brother the nieces from the brother side and the sister side. Also unlawful of

00:52:30--> 00:52:31

breastfeeding.

00:52:32--> 00:52:35

Somebody who was breastfed from a woman

00:52:37--> 00:52:45

all of those are unlawful. This woman is haram for him to marry. Her mother is haram for him to marry the sister

00:52:47--> 00:52:49

which is a holla. Got it.

00:52:50--> 00:52:56

And those seven which I mentioned a minute ago. Yeah, meaner wha

00:53:01--> 00:53:22

wha shall the engineer that whatever is unlawful to marry from the blood is unlawful to marry from the breast feeding but with one reservation here. We're talking about only the baby or the boy who was breastfed. This does not apply to his

00:53:24--> 00:53:41

siblings. We have to be clear on this. Like let's say this boy who was breastfed has a brother but he was not breastfed. does this apply to him? No. only applies to the boy or the baby who was breastfed.

00:53:42--> 00:53:57

The majority of the jurors they say breastfed five times and Amalfi Calabria 375 messages for the majority of the jurors that this person is this child has to be breast fed five

00:53:59--> 00:54:04

that he filled his belly five times his Tomic five times during the two years

00:54:06--> 00:54:13

during the two years of her worldwide era to your hoonah How will I Eenie Camila

00:54:16--> 00:54:17

Mohamed

00:54:19--> 00:54:22

comes in Al Mohamed to Bill Massara.

00:54:24--> 00:54:27

Women you cannot marry because of the marriage contract.

00:54:28--> 00:54:30

And this is what our brother was referring to

00:54:31--> 00:54:34

Omaha to Nyssa homozygous

00:54:35--> 00:54:46

omo Zelda you married a woman you married a girl because of the marriage contract. You cannot marry her mother or her grandmother.

00:54:47--> 00:54:59

You understand mahadi but this is because of what the marriage contract almost zoologia what Tony said and also applies

00:55:00--> 00:55:01

Story The breastfeeding

00:55:02--> 00:55:03

the breastfeeding holds

00:55:04--> 00:55:10

a community of Vanakkam you cannot marry them either. So

00:55:11--> 00:55:12

many people

00:55:13--> 00:55:17

come by number two zoologia. to

00:55:18--> 00:55:20

the to the wife of your son.

00:55:23--> 00:55:37

As long as there is a marriage contract, you cannot marry her period. He cannot marry the wife of your son. We're talking about if he divorces her, right? Obviously, you cannot marry your wife. She's married. But what happens if he divorces her?

00:55:38--> 00:55:40

Can you go and marry her? You can't.

00:55:41--> 00:55:54

You cannot marry her. Ally Tara wahala Abner ecoman Latina men are sloppy. And the wives of your children from your back. zone.

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

up well jet mindjet if

00:55:58--> 00:56:03

you cannot marry a woman to whom your father was married to.

00:56:04--> 00:56:15

You can or grandfather was married to or grandmother was married to I mean grandfather grandmother from the mother side. You cannot attend keyhole man.

00:56:17--> 00:56:27

COMM Mira, Nisa Illa mapa de sel F, do not marry the women to whom your father's grandfathers were married to.

00:56:29--> 00:56:34

And by the way, those three that I just mentioned, what was those three? What was the three?

00:56:36--> 00:56:39

The mothers of your wives. Number two.

00:56:42--> 00:56:50

We talked about this, that children of your son, I'm sorry, the wife of your son, number three, the wife of your father.

00:56:52--> 00:56:58

Those three, as as soon as the marriage contract established. Here's a good scenario.

00:56:59--> 00:57:05

Let's say your father went and he didn't care. Just the marriage contract because love the kneecap, your island was

00:57:07--> 00:57:09

locked with the length.

00:57:10--> 00:57:16

The term nica refers to the marriage contract and refers to the intercourse

00:57:17--> 00:57:32

sometimes you could do a nikka you could do the marriage contract but the lady the wedding correct. Now let's say that somebody went and he got married. He bought a marriage contract he did then he kept to a woman.

00:57:34--> 00:57:37

And then before the intercourse

00:57:40--> 00:57:43

before he before the intercourse

00:57:44--> 00:57:47

he decided to let her go to divorce her.

00:57:49--> 00:57:50

Can the son go and marry her?

00:57:52--> 00:57:55

I'm asking you can he know he can?

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

Because what is meant here is that the actual marriage contract

00:58:04--> 00:58:27

by our robber comes in number four are rubber a boo are those what are their evil come a latifi for jewelry comienza accumulated to be in someone who goes and marries a sister, a woman. She has children. Can he marry these daughters? She has daughters? Yeah. Can he marry her daughters?

00:58:28--> 00:58:32

No, he can. But provided that he did enter

00:58:34--> 00:58:40

my startup This is different to the contract. This one the condition is what? The who will work

00:58:42--> 00:58:52

that he must have had intercourse with her. We apply the same scenario again that I just applied a minute ago that you went and you bought a marriage contract to a woman who has both.

00:58:54--> 00:59:01

But you never had her in bed. You never had intercourse. And you decided to divorce her before this.

00:59:02--> 00:59:07

Now can you go and marry her daughter? You can

00:59:08--> 00:59:21

what are the Ebo community feel for Judy? Minnesota community the whole tomb be hidden for lm Taku the whole to be hidden a fella de la

00:59:22--> 00:59:23

femme and

00:59:25--> 00:59:32

I still have only some more quickly. women whom you cannot marry Mahajan about 11 inshallah, who's gonna call the other

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

Share the

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

share

01:01:07--> 01:01:08

hi

01:01:18--> 01:01:18

hi

01:01:29--> 01:01:29

hi.

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

Hi

01:02:23--> 01:02:29

inshallah we continue in five minutes we should finish this, the woman to whom you cannot get married to

01:02:30--> 01:02:31

a woman

01:02:34--> 01:02:40

whom you already did molana against. You're married to her.

01:02:42--> 01:02:44

You accused her of adultery as her husband.

01:02:45--> 01:03:34

And you came because it is not a condition for you to bring four witnesses. You just have to swear by Allah four times that she committed adultery. And the fifth time that the Wrath of Allah is upon you if you're lying. And she counter your moulana basically you she counter your oath by also five oath by a lie did not by a lie did not by a lie did not by a lie did not that's full. And the fifth time she says that. If I am lying then the anger of Allah is upon me. We call this Mona Mona. Now the majority of the jurists that had the law ban at minca This woman is divorced. You cannot marry her again. Period.

01:03:36--> 01:03:47

You cannot marry her again. Period comes in marrying two sisters. If you have married a woman you cannot marry her sisters.

01:03:49--> 01:04:23

With a full or half you can't marry her sister when he married called the IRA. When de Janeiro Bina tamie Elana called the seller and you marry two sisters dovan the wisdom behind this year what is the Lada ellada when you go on the two sisters of bushkill yani suffering of the kings is is going to be done here because they are not going to like it and so forth. Well general by email marotti Juan Mata will marvel at your holiday that you marry a woman and her and

01:04:24--> 01:04:32

from her father side or and from mother side you cannot marry those women and you marry more than four.

01:04:34--> 01:05:00

together. You cannot have those together. You cannot marry assist two sisters you cannot marry a woman and her end and a woman and from her father's side which is alumna and from her mother's side which is harder you cannot have them at the same time for you for either of Alex and Mara. If you divorce the women if you divorce the system whether that means Jani she spent her

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

Then you could marry her sister

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

after

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

divorce and the three month cheese palace, you're not going to take her back further and that means, of course it is not permissible to marry a woman who's already married while masana to milanesa sana you go and marry a woman who's already married. This is her on

01:05:23--> 01:05:28

one more attempt them in a way it is haram to marry a woman who is in the death.

01:05:30--> 01:06:10

And this marriage contract is invalid within the ADA. If you bought a marriage contract within the ITA is the marriage contract is invalid love data. Allah subhanaw taala says what does the moon data nikka Hata yet bluebell kita boo Angela Ankita below the term which is the three month barbanell maral Matata a woman who's in a state of it could be from any divorce which is three months could be because of her husband passed away and she's not pregnant. That's four months and 10 days could be because of pregnancy then her head that is to deliver her basically her baby

01:06:11--> 01:06:20

is zania a woman who committed adultery. A woman who committed adultery. There is a view basically that you cannot marry her.

01:06:23--> 01:06:30

Gianni Versace Metallica I mean, it is haram upon the believers to marry a woman who committed adultery

01:06:31--> 01:06:32

in magoha

01:06:34--> 01:07:01

hana Villa Lima, Abu hanifa, Lima mathematic Carlota it is haram to marry a woman who committed adultery. A chef al Maliki elementary chef he will demand medical data from they said it's okay to marry her provided that she has repented. Wham o Nisa, and the reason why they differ howlite Allah wa hurry Metallica, meanie melody Karim, Allah amis Xena in Colombia,

01:07:02--> 01:07:39

and it is haram for the believers will kill me of Allah which I have eliminated. Sale insha Allah, Allah tala Tata Tata Tata, the woman who is divorced, often a woman who has been divorced for the third time. Somebody who divorces his wife one time he took her back. He divorced her the second time, he took her back then he divorced her the third time he cannot marry her again until she marries another one further into la sala de la luna Hummingbird ohata Thank you.

01:07:40--> 01:08:23

And it cannot be arranged marriage love and aloha mahalo, mahalo Allah. Allah curses a person who basically does this act that you call somebody, brother I divorced my wife three times can you come and have her for one night? You're my friend. You're my dude. Come and take care for one night and divorce her in the morning. This is this is haram. Yeah, from comes in the last insha Allah Al khair Fira, it is haram to marry a woman who is not Muslim and Christian or Jew, Hindu Bindu. All of these are haram period are haraam period. We're only one box on a two minute Latina

01:08:25--> 01:08:52

you're only allowed to marry a woman who is a Muslim, or a Christian or Jew, and Christian and Jew llama feet of sea. There's not just left like this. Believe me later. It is haram to marry a woman who's pregnant you must wait until she delivers. It is haram to marry a woman who is in a state of after the death of her husband you must wait for months and 10 days. It is haram for a woman basically to marry

01:08:53--> 01:09:32

a non Muslim men with this we have completed the conditions for the marriage contract just a little bit later on. And next Wednesday we will begin talking now about how can we make our marriages functions. We talked about the issues now. We're going to talk about the rule of the husband in the house. The rule of the wife in the house and if we have children and baby like Tada, this should help us all to make our marriages functions. Jaramillo halos panic along with the handy Chateau La La Land. Esta Foucault today, Salam Alaikum warahmatullahi wabarakatuh Baraka