The ruling on a marriage contract between a man and a woman if there are no witnesses and no guardian
Machine translationRead the Arabic original
Question:
May Allah reward you with good and do you well. A man said to a woman, "I am going to marry you. Do you accept this?" The woman said, "Yes," and the audience blessed these words. This was said in jest, but after a while, some people told her that there is no joking or playfulness in this matter. They mentioned to her a hadith that says: "Three things, their seriousness is serious and their jest is serious: divorce, marriage, and freeing a slave." Is this meaning correct? And if a man says such a statement, is it considered a marriage? Please guide us. May Allah reward you with good.
Answer:
Yes, the hadith is authentic. The jest of these three is serious. These three mentioned are marriage, divorce, and taking back a wife. However, what the questioner mentioned—that this conversation took place between a woman and a man—is not a contract. A contract requires the presence of a guardian. The conditions of the contract must be met. Among the conditions for the validity of the marriage contract is that it be done with a guardian, the presence of a guardian and two just witnesses. This is based on the saying of the Messenger (peace and blessings be upon him)Sunan al-Bayhaqi 10:1088 Therefore, a woman does not marry herself. Rather, her guardian is required. And Allah (Exalted and Majestic is He) says [An-Nur 24:32] This is an address to men, indicating that men are the ones who contract marriages for their wards. It is not valid for them to contract marriages for themselves. So what the questioner mentioned does not constitute a contract and is not completed due to the absence of a guardian. Yes.
May Allah reward you with good and do you well. A man said to a woman, "I am going to marry you. Do you accept this?" The woman said, "Yes," and the audience blessed these words. This was said in jest, but after a while, some people told her that there is no joking or playfulness in this matter. They mentioned to her a hadith that says: "Three things, their seriousness is serious and their jest is serious: divorce, marriage, and freeing a slave." Is this meaning correct? And if a man says such a statement, is it considered a marriage? Please guide us. May Allah reward you with good.
Answer:
Yes, the hadith is authentic. The jest of these three is serious. These three mentioned are marriage, divorce, and taking back a wife. However, what the questioner mentioned—that this conversation took place between a woman and a man—is not a contract. A contract requires the presence of a guardian. The conditions of the contract must be met. Among the conditions for the validity of the marriage contract is that it be done with a guardian, the presence of a guardian and two just witnesses. This is based on the saying of the Messenger (peace and blessings be upon him)
There is no marriage except with a guardian and two just witnesses,
لا نكاح إلا بولي وشاهدي عدل،And marry the unmarried among you and the righteous among your male slaves and female slaves
وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ وَالصَّالِحِينَ مِنْ عِبَادِكُمْ وَإِمَائِكُمْ
Source
قناة «العلامة الدكتور صالح الفوزان»، 4853- حكم عقد الزواج بين الرجل والمرأة إذا لم يوجد شهود وولي - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
