 فشرف بل اشتغالي بالعلم ولا تبغي به ما عشت يا بدا بدا وياله من شراف عظيم الحمد لله رب العالمين له الحمد الحسن والثناء الجميل وأشد أن لا إله إلا الله وحده لا شريك له يقول الحق وهو يهد السبيل وأشد أن سيدنا ونبينا محمد سلم الله وعليه وعلى آله وأصحابه والتابعين لهم بإحسان إلى يوم الدين أما بعد إن شاء الله وإتعالى نحن في المثال right of حكم النكاح بدون ولي the ruling of the nikah without the consent of the guardian in our previous sit or previous session we spoke about من هو الولي who is the wali when the father is absent and the أقسام أولياء المرأة that types we mentioned the order as well in which they were in today شاء الله وإتعالى we will be speaking about حكم المولود من هذا النكاح the child that is born from this marriage which is without the permission or the consent of the guardian this child that is born from this marriage or from this this nikah this sokuun nikah and also what we will be speaking about is what do the two spouse or the two individuals were together they are not spouse when the two people were together what is the ruling regarding them that is what we are going to be speaking about إن شاء الله وإتعالى in this sit so we will speak about two things the child that is born from this sokuun nikah and also what is the ruling that the two individuals have to do after knowing the ruling of this مسألة my beloved brothers and sisters the child that is born is not regarded without the permission is not regarded as a child that is born from a wedlock from that is born out of a wedlock بالتفاق العلبة this is a consistent scholar and one is not allowed to slander that child to say to that child you are a well-designed and it falls under the hadith of the prophet peace be upon him which is in صحيح مسلم من حديث أبي هوريرا إثنتاني في الناس هما بهم كفر two things that are present in the creation is kufr and this kufr is kufr أصغر and it's not kufr أكبر it's not major kufr it's from the معاصل which are مغلبة the serious tough sins أطعنوا في النسبي slandering a person's lineage by saying that you are a well-designed you came from a wedlock your زينة ونياحة على الميتي and wailing over the dead the reason the scholars they try to mention the wisdom why the prophet peace be upon him mention these two together because أطعنوا في النسبي slandering a person's lineage is إذا أولي الحي is that you are harming this living this person who is living you are harming them ونياحة على الميتي is what إذا أولي الميتي it's a harm towards the what the dead because the prophet peace be upon him he said in the hadith that the crying that is dead that is done over the dead إنه لا يعدبه الميتي ببكاء أهلي he is punished based on the crying of these people meaning the dwelling that they do when they don't rely on الله he gets punished for it the one who is in this grave the scholars they say he only gets punished if he is what if he permitted it for them and if he legislated it for them or if he told them to do it after he is dead but if he was against it and they did it this is nothing وَلَتَزِلْ وَازِرَةٌ وِزِرَةٌ وِزِرَةٌ وِقُرَةٌ على كل حال I am going to now bring the quote of the scholars who state that the child that is born from this so-called marriage is not Zina this child is not Zina and he is such a child that has a lineage and the father is his father and his mother is his mother and every single thing that comes through a correct marriage that this child would get other than المقام عليه the father and the two spouse these two individuals cannot remain together anymore other than that the child this is his father this is his mother the husband the woman's mother is his mother he can never marry her and say look I was never married so I can marry your mom now never وما يتعلق and we are going to see the only difference is the only difference is these two individuals are not allowed to be together anymore and there is no طلاق there is no طلاق that is needed from them there is something called الفسق no hack he needs to do it no garden needs to do it they don't even need to utter anything the minute they find out the ruling everything becomes clear to them if they want to make a new marriage between the two of them they have to take the path for it they have to go to the willy a new marriage now is there a difference between if they've been together for a long time or if they've been together for a very short time no there's no difference if the time was very long or if the time wasn't very long it doesn't matter it doesn't change anything they still have to go through the process of as a person who is willing to get married from now unless the كلام of the willy that I'm going to bring also none of them is going to be lashed or punished because they've committed zina none of them can be insulted these are the willy and there is no sin on them both if they didn't know the ruling if they didn't know the ruling then of course they get sin and they get punished but the punishment cannot be a capital punishment there's no what there's no there's no there is no a regime and whether they knew that it was حلال or حرام the child is never well it is not this is the كلام of the willy غالم وفق دين عبد الله ابن أحمد ابن قدامة in his مغني ابن قدامة رحمة الله in his كتابة المغني which is the الشرح of مختصر and خراقي وعن هدا this is after he spoke about a marriage that is done without the consent of the willy that it's barbedin and everything he spoke about he says إذا ثبت هدا if that is clear that a woman cannot marry without the consent of her guardian فإنما مانعة قدح الليس عليه استم ولا أداب the one who believes it's permissible to get married the one who believes that it's permissible يوجد مسائل فروع يوجد مسائل فروع يوجد سبرانج المختلف فيها يوجد خلاف هناك خلاف هذا الشخص يمكن أن يكون يمكن أن يؤمن أبو حنيف رحمه الله الشعبية عمري بنوشر حبيل ويجب أن يكون هؤلاء جبال يمكن أن يؤمن لذلك لن يؤمن لذلك لن يؤمن لا يوجد سبرانج ون يوجد سبرانج لأنه من مسائل فروع المختلف فيها لأنه يوجد خلاف خلاف ومن يعتقد حرمته ولكن المخافف يؤمن أثيما وؤدبا يؤمن يؤمن أنه حرام ولكن يجب أن يفعل أثيما يؤمن ولكن المخافف يمكن أن يؤمن لن يؤمن يمكن أن يؤمن وإن أتت بولادي من هو now this is the point this is the point we want if a child comes from this now the woman gives birth to a child for him لحقه نسبه في الحليني both of the times the child is attributed to him so whether he believed it was Halal or he believed it was Haram both of the times is what but the child is attributed to him the child takes the name of his one his father he has a nasab so no one can come based on the previous hadith إثناني في الناس هما بهم كفر أطعنوا في النسب ونياحة على الميتي you're not allowed to slander this person's lineage you can't say oh your child was born from a wedlock you can't say that he was born from a wedlock أبوكري من أحمد من أبراهيم من المنذر he was born from a wedlock he was born from a wedlock but the strongest opinion is that he is not a wedlock he is an imam he is an imam he said فالنكاح ولا يجوز إلا بولي that nikah is not permissible except with the consent of the wali والأولياء العاصبة and the أولياء هو العاصبة we spoke about who the asaba was فإن لم يكن ولي if there is no wali فالسلطان ولي the sultan the muslim leader he is the wali for the one who doesn't have no wali فإن نكاحة إمراءة if a woman goes and gets married بغير إذن وليها without the permission of her guardian or with sultani without the consent of the muslim leader if she goes and does that إِلَّمْ يَكُلَّهَا وَلَدٌ فَنِكَحُوا بَاطِلٌ if there is no child if there is no child then نكاح is باطل he says إِلَّمْ يَكُلَّهَا sorry sorry sorry إِلَّمْ يَكُلَّهَا وَلِيٌ فَنِكَحُوا بَهَا بَاطِلٌ if the woman goes and gets married without the consent of her wali or without the leader and if it's done without the consent of the wali فَنِكَحُوا بَاطِلٌ وَنِكَحِهَا بَاطِلٌ now he's going to divide the two now if he entered into onto her they consume the marriage or if they didn't he's going to divide the two he says if the man has no intimate relationship with her pay attention then that's simple we just tell them to go nothing is needed from him but he doesn't need to say any of that he just told go home take your bags and go home there's nothing here because you can only divorce when there is something to divorce you can only untie a knot when there was a knot there's a knot there in the first place take your bag home may Allah forgive you for what you did in the past take your bag home and go إِلَّمْ يُصِبْ هَا فُرْرِقَ بَيْنَهُمَا we tell him to take his bag home فإن أصابها but then he entered onto her he had a relationship with her فإن أصابها فَلَهَا مِهْرُ مِثْلِهَا she has something that is known as مِهْرُ المِثْلِهِ he might have told her I'm going to give you 10,000 pounds or he might have told her I'm going to give you an apple juice wherever they agreed upon that's it there's a lot of it doesn't matter wherever they agreed upon I want to take into consideration because she has what's known as مِهْرُ المِثْلِهِ مِهْرُ المِثْلِهِ is what مِهْرُ المِثْلِهِ is the dowry of her equivalent the women of her time the dowry in which they get that's the dowry that she gets it's called مِهْرُ المِثْلِهِ it's average not the expensive one and not the low one she gets the average standard pay attention now it's called مِهْرُ المِثْلِهِ the same as if a woman is raped she always gets مِهْرُ المِثْلِهِ any man who enters upon a woman whether he's zina whether he's not if he rapes of course but if she consents to something else بما استحل من فرجها because he made her فرج حلال وَاَلْحَقُ بِهِ وَالَدْ the child is also attributed to the father and the mother if she gives birth to a child for him والتكون عليها العدة she also has to count her عدة وَلَهُ أنْ يَنْكِحَ هَانِكَاهَنْ مُسْتَأْنَفَنْ صحيحًا he's also allowed to go and get married to her now if he wants to a bra we push we say look you guys have been together for 20 years do you want to marry this sister now can we put them okay if he says am I not married to her no never and he just goes then she can go the same with her she said I never wanted it الحمد لله he could go she could go but she gets عدة she has to count مهر المثل happens and they get the option of choosing to get married to each other they can if they want to they can if they want to قال أبو الحسن علي ابن محمد ابن حبيب الماوردية البصري ألمام الماوردية رحمة الله he says in his كتاب الحاول كبير which is a show المختصر المزني ألمام المزني رحمة الله is مختصر he's explaining it he's explaining it الماوردية هو شافعي and the book he's explaining is ألمام الشافعي he says وإذا كان جاهلين بتحري من نكاح بغير ولي فلا حد عليهما if they were both ignorant about the impermissibility of this نكاح without the permission of the ولي if they were ignorant of the رولing of it فلا حد عليهما there is no punishment there's no capital punishment or upon the two of them nor is there any punishment لأن الجاهلة بالتحريم أقوى شبهة because ignorance is from the greatest شبهة it's an argument which you can use I didn't know الشريعة it gives ignorance of something and it makes an excuse a valid excuse وقد قال النبي صلى الله عليه وسلم and the prophet said إذراءوا الحدودة بالشبهات repel punishments with doubts but as we know this statement from the prophet is not authentic but دقائدة is صحيح دقائدة according to the فقاها and the أصولين is a qaida which is accepted which basically means if there's a person who has a punishment that he's gonna go through he's either gonna be lashed or his hand's gonna be cut off or anything if there's a doubt whether that doubt is one percent it doesn't matter repel the whole really is removed because of this doubt that's there إذراءوا الحدودة بالشبهات is qaida so we stop the حد that's going to be done on him the punishment so this guy has a shubha he rather has a strong shubha I didn't know from this this is not just one percent now it's actually 99.9 percent ثم يتعلقوا على هذا الإصابة من الأحكام now until he goes on to say it until he goes on to say it what about if he ends it on child there's a haqam that are now pertaining that are dealing with the intimacy he had with her ما يتعلقوا على النكاح الصحيحي the same ruling the same haqam تم يتعلقوا على هذه الإصابة من الأحكام ما يتعلقوا على النكاح الصحيحي the same if it was a correct marriage the same hukum for this man and this woman now they've done a relationship the same hukum that was done for a person who got married correctly the same haqam pertaining here إلا في المقام عليه because he can't stay with her because there's nothing there's no staying here but everything else is the same so you will get will be counted so that's ويلحقوا به ويلحقوا ويلحقوا بالنسري the child is then attributed to the father ويثبت به تحريم المصاهرة and also the prohibition of the takes place which is what he can't go get married to the girl's mother that's his mother in law and it always will be the only thing that has now been stopped is that they can't stay with one another this is the كلامة فوه أبو الحسن علي بن محمد ابن حبيب الماوردي البصري in his كتاب الإمام أبو محمد الحسين ابن مسعود ابن محمد الفراء البغوي رحمه الله إمام البغوي in his great book شرح السنة when he was explaining the haqdeeth فالنكاحها باطل هسن دليل على أن الأقد لا يكون موقوفا على إجازة الولي وفي قوله وفي قوله فإن أصابها فإن أصابها فلها المهر دليل على أن الوط الشبه يوجب مهر المثلي ولا يجب به الحد ولا يثبت النسب ويثبت النسب الإمام بغوي رحمه الله سيز فالنكاح دليل أن الأقد لا يكون موقوفا على إجازة الولي فالنكاح ليست موقوفا وليست مواجهة إلى المساعدة من الولي ما هذا يعني يجب أن أتكلم فالنكاح ليست ليس شيئا ما يمكنني يجب أن يجب يجب يجب يجب يجب يجب يجب يجب يجب يجب Okay أركض يجب يجب لك يجب خلق يجب اركض يجب رمز رب議 ويجب بزار بزن Nazis كتب firing و Карج رفض Alien إبن أمام البغاوي يقول هذا يظهر أن العكد لا يكون موقف على إجازة الولي أنه لا يستطيع أن يكون موقف على إجازة الولي بإمكانه أن يقول أني now let you take my daughter she's yours keep her that is not going to work the reason is because then Nikaah is battle how can he then affirm what's battle so what he needs to do is the Weli and the get is that they have to now the Weli has to deal with this man as though he never married his daughter because that's the case فإن أصابها فلها المهرو but if he had intimacy with her based on the Hadith of the Prophet she has a Meheru-l-Mithli as I said she got Meheru-l-Mithli which is the women of her time that are equivalent to her and her standard and her class wherever they get is what she gets دليل على أن الوطأ الشبها يوجب مهر المثلي يوجب مهر المثلي صلى الله عليه وسلم يقول أنه يوجب مهر المثلي يوجب مهر المثلي because this man when he did this he didn't want to do zinah he couldn't turn zinah with a girl but he went to a sheikh sat in front of the sheikh and he married the girl so he's a shubha for him it's a doubt that can't be treated as a man who went to a motel took a woman committed zinah with her that's not the same دليل على أن الوطأ الشبها يوجب مهر المثلي ولا يوجب مهر المثلي and no punishment is placed on this person he's not punished for what he did ويثبت النسب and also the lineage is attributed to the father so the child is his we're not going to say this is not your child the child is what is his the child is his so saying that oh when I got married to her after the father found out that's what he said to me he said no problem he pat me on the shoulder he said don't worry I'm your father no problem Inshallah forgive me for what you've done and so foot so foot we'll say to him that's nothing because because what you guys did was not a nikah there's nothing there for the father to pat you on the shoulder do you see if you want حلال then what you need to do is get married ماذا can you now marry me off to your daughter another quote قال أبو عمر يوسف ابن عبدالله ابن محمد ابن عبدالبر in his kitab الاستذكار الجامع لماذا هب فوق هاي لمصار ابن عبدالبر in his kitab الاستذكار he says وأما الشافعي امام الشافعي فالنكار عنده بغير ولي مثسوخ الامام الشافعي ذالنكاح that is done without the permission the consent of the guardian for him is مثسوخ مثسوخ means what there's no طلاق required they are automatically they go separate ways قبل الدخول وبعده whether they had intimacy or whether they haven't had intimacy it doesn't matter whether he entered on to her or whether he did it it doesn't matter طال الأمد اولم يطل whether the time was long they were married for 30 years and they've got two kids together or whether they've got no kids together it just happened yesterday it's the same it doesn't matter ولا يتوارى ثاني ان مات احدوما and they don't inherit each other if one of them dies they don't inherit each other okay قال اصحاقب ان امام عبد البر after the lines after he brings the statement of اصحاقبن راهوية اصحاقبن راهوية says كلما طلقها every time he divorces وقد عقد walks if a man goes with a woman without the consent of the guardian if he divorces her while together is that divorce considered he can divorce her 20 times if he wants 100 times if he wants to كلما طلقها every time he divorces وقد عقد ان نكاح بغيرا ولي And he married her with other consent of the wally هم من أخباروا ذلك Pompa it doesn't happen لم يقع عليها الطلاق طلاق لا يقع بينه ماميراتهم لا يحدث عنهم لا يتواجد تحدث شخصا لأن النبيه صلى الله عليه وسلم قال لأن الشخص يقول فالنكاهها باطل لأن its what its 3 times فالنكاهها باطل فالنكاهها باطل ولباطل مفسوخ والباطل هو مفصوخ يجب أن يجب أن يذهب بأي طريقة فلا يحتاج إلى فسق حاكم ولا غيره ولم يجب أن يجب أن يكون لدى المسلم لدى المسلم ولم يجب أن يكون لدى قاضي هذا الشيء من أبي مام الشافعي إبن عبدالبار برنزه في كتابة الاستاذكار وشافعي قليلا يقوله في كتابة الأم وشافعي قليلا يقول في كتابة الأم ويجب أن يتحدث عن قوات المسلم وفي قول النبي صلى الله عليه وسلم في مستوى فرصة السلامة وفي حدية أيو مراءة إنكحت بغير إذن وليها فإنكاحها باطل يقول البيان من أن العقدة إذا وقعت بغير ولي فهي منفسخة إذا كانت مرأة ومرأة وإذن ولي أوراءة ومرأة وإنكاحها باطل وإنكاحها باطل يقولت ب طريق طريق عراح فإنكاحها باطل وإنكاحها باطل وإنكاحها باطل إلا غير إلا غير الأن إلا بأن يُعقَد أقدم جديدًا غيرَ باطلٍ unless a marriage is done that is not a battle that is Haqq unless it's done correctly what was there before is a battle but what was there before was a battle and now it's patting you on the shoulder it's patting you on the shoulder for something that doesn't even exist so what we take from this this part is the child is the father's son or the father's daughter and the Shari'a still considers this to be what the Shari'a still considers this to be what it considers it to be everything else is there intact other than they can't stay with one another they do not inherit one another there's no inheritance between the two of them other than that the scholars as they clearly have stated that you are not allowed to slander that child and call the child you're also not allowed to what you're also not allowed to call the two individuals you're not allowed to because the scholars refer to this as what but once the ruling becomes clear to them if they stay upon it then they are sinners and they are they are then punished for doing so anything which I have said that was wrong فإنه مني ومن الشيطان والله ورسوله برياني من it's from me the shaitan and Allah's message are free from it سبحانك اللهم بحمدك أشهد أن لا إله إلا الله أستغفروا كواتوب إليك