The ruling on not specifying two particular witnesses in a marriage contract
Machine translationRead the Arabic original
Question:
Honorable Shaykh! I attended a marriage contract, and the contract was concluded in the presence of the guardian and the husband. There were many people present in the assembly, but the one being married did not choose the witnesses from among the attendees; rather, he was content with the presence of the crowd. Is this announcement valid?
Answer:
Yes, it is valid as long as the offer and acceptance took place in an assembly with a large number of attendees; this is sufficient. However, if the contract is written and documented, it is necessary to mention the names of the witnesses in it. As for if the contract is not written, there is no harm in that, because the announcement took place and the testimony was provided by the attendees. Yes.
Honorable Shaykh! I attended a marriage contract, and the contract was concluded in the presence of the guardian and the husband. There were many people present in the assembly, but the one being married did not choose the witnesses from among the attendees; rather, he was content with the presence of the crowd. Is this announcement valid?
Answer:
Yes, it is valid as long as the offer and acceptance took place in an assembly with a large number of attendees; this is sufficient. However, if the contract is written and documented, it is necessary to mention the names of the witnesses in it. As for if the contract is not written, there is no harm in that, because the announcement took place and the testimony was provided by the attendees. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 47 من 89|شرح العدة في شرح العمدة|كتاب النكاح|باب ولاية النكاح|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:04:20)
The Arabic text is a machine transcription of the audio recording.
