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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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If they recited al-Fatihah, is the proposal considered binding, given that his father recited al-Fatihah for his sister for the son of one of the men at her birth?

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Question:
I have a sister who is now eleven years old. My mother gave birth to her in one of the hospitals, and she was in a critical condition. We were also not reassured that the girl would survive. My father was sitting with them in the hospital, and one of the men present with him said, "If this girl lives, she is the wife of so-and-so's son." My father agreed and recited al-Fatihah at that time. Is this proposal binding? Please guide us. May Allah reward you with good.

Answer:
Reciting al-Fatihah at the time of the contract or at the marriage proposal is not prescribed. This is one of the religious innovations (bid'ah) that some ignorant people have followed, and it is not prescribed. Al-Fatihah is not recited in these places. As for what you mentioned about the man asking your father to marry his daughter to him, and your father agreeing to that, there is a distinction here. If the intention was that he proposed for her and your father accepted him, then this is a promise, and a promise is not binding. However, if they both believed that this was a contract, consisting of the offer and the acceptance, then it has been concluded, and she has become his wife. In any case, my words do not resolve the problem. It is necessary to return to one of the scholars or the judges of the courts in order to look into this case and investigate it. Yes. May Allah reward you with good, and may He do you well.
Source قناة «العلامة الدكتور صالح الفوزان»، إذا قرأوا الفاتحة فهل تعتبر الخطبة ملزمة حيث أن أباه قرأ فاتحة أخته لابن أحد الرجال عند ولادتها؟ — youtube.com

The Arabic text is a machine transcription of the audio recording.

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