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الفتح الربانی
Fath al-Rabbani
مسائل النكاح
Issues of Marriage
بَابُ الشَّرُوطِ فِي النِّكَاحَ وَمَا نَهَى عَنْهُ مِنْهَا
Chapter: Conditions in Marriage and What Is Prohibited Among Them
Al-Fath ar-Rabbani 6918 — Conditions in Marriage and What
عَنْ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا قَالَتْ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ كُلُّ شَرْطٍ لَيْسَ فِي كِتَابِ اللَّهِ عَزَّ وَجَلَّ فَهُوَ مَرْدُودٌ وَإِنِ اشْتَرَطُوا مِائَةَ مَرَّةٍ
Narrated by Sayyidah Aisha (may Allah be pleased with her) that the Messenger of Allah (peace and blessings be upon him) said: Every condition that is not in the Book of Allah is rejected, even if people make a hundred such conditions.
Brief Explanation
Benefits: … What is meant by “not being in the Book of Allah” is that the condition is contrary to the Book and Sunnah, i.e., due to this condition, something that is permissible in the Shari‘ah is rendered prohibited, or something that is prohibited by the Shari‘ah is rendered permissible. For example, at the time of marriage, if the woman’s guardians stipulate the condition that if the husband divorces this woman, he will have to pay such-and-such amount or give such-and-such monthly maintenance, this condition is unlawful (haram), because the right that the Shari‘ah has given to the husband to issue divorce is being restricted through this condition.
