the two expressions from which the marriage contract is formed, so it is a literal term for it, just like the other expression. What al-Qadi mentioned leads to the term being a homonym, which is contrary to the original rule, and what others mentioned indicates its usage in general; however, the usage in the sense we have stated is more common and well-known. Furthermore, even if it were considered a metaphorical term for the contract, it would be a customary name (ism 'urfi), and it would be obligatory to interpret the word when used absolutely as referring to it because of its renown, like all other customary names.

Section: The basis for the legitimacy of marriage is the Book, the Sunnah, and the consensus (ijma'). As for the Book, it is the saying of the Almighty Allah: "Marry those that please you of [other] women, two or three or four" (7), and His saying: "And marry the unmarried among you and the righteous among your male slaves and female slaves" (8). As for the Sunnah, it is the saying of the Prophet (peace and blessings of Allah be upon him): "O assembly of youth, whoever among you is able to afford the ba'ah (marriage costs/capability), let him marry, for it is more conducive to lowering the gaze and better for protecting the private parts. And whoever is not able, let him fast, for the fast is a shield for him." Agreed upon (9). This is found in many other verses and reports as well. The Muslims have agreed that marriage is legitimate. Our companions have differed regarding its obligation; the well-known position in the Madhhab is that it is not obligatory, unless one fears falling into a forbidden act by abandoning it, in which case it becomes incumbent upon him to preserve his chastity. This is the position of the generality of jurists. Abu Bakr (10) Abd al-Aziz said: "It is obligatory," and he narrated this from Ahmad.