Section

Its pillars are: the two spouses, free of impediments; the offer; and the acceptance, …

His statement, “Its pillars,” means the pillars of marriage. Linguistically, a pillar is the strongest side of a house; hence a corner is called a pillar, because the strongest part of a wall is its corner, as it is supported from both sides.

Technically, pillars are those elements without which the constitution of the essential reality cannot be complete. For example, the pillars of prayer are standing, sitting, bowing, and prostrating, since the prayer cannot be constituted without them. Likewise, the pillars of marriage are those without which a marriage cannot be constituted. As for something that is among the components of the essential reality but which can be complete without it, it is not called a pillar—for example, raising the hands in prayer. It is part of its composition, yet the prayer is complete without it.

His statement, “the two spouses,” means the husband and the wife. The dual form is correct here, so it should not be said that the masculine side has prevailed, for the term zawj applies to both male and female; thus, there is no predominance of the masculine.

His statement, “free of impediments”: this is not included among the pillars; rather, it is a condition—that is, that the husband and wife be free of impediments. Thus, had we simply said, “the two spouses,” that would have sufficed. The impediments are those prohibitions relating to marriage; that is, whatever prevents a marriage from being valid. For where either of the two has an impediment, their existence is as though nonexistent. For instance, if a woman is observing her waiting period and then marries, that marriage is invalid. Yet stipulating freedom from impediments also entails that the spouses are ones in whom the conditions have been fulfilled.

His statement, “the offer and the acceptance”: the offer is the wording issued by