Marrying a sister to her brother without consulting the traveling father
Machine translationRead the Arabic original
The questioner:
A man married his sister, and the guardian was her brother, without consulting the father, who was traveling. Is this contract valid or invalid?
The Shaykh:
Good, good.
The questioner:
A man married a girl, and the guardian was her brother, without consulting the father, who was traveling. Is this contract valid?
The Shaykh:
If a brother contracts the marriage of his sister while her father is traveling and he has not consulted him, this is a matter for the court to review. There may be urgency, or the father may be far away, or circumstances may be difficult, or his address may be unknown. It is not permissible to leave the girl in limbo. The brother should not proceed with this; he should go to the court so that there is no usurpation of his father’s right. If the father is absent and the girl is being sought in marriage, the brother should not rush. Rather, he should write to his father if he is reachable, or call him on the phone, so that he may appoint him as his agent. If that is not possible—meaning he knows his father’s address but cannot reach him by phone, or the phone is not available—he should consult the court. If he proceeds and marries her without consulting the court, the court will look into this matter. There is blessing in this trade, yes.
A man married his sister, and the guardian was her brother, without consulting the father, who was traveling. Is this contract valid or invalid?
The Shaykh:
Good, good.
The questioner:
A man married a girl, and the guardian was her brother, without consulting the father, who was traveling. Is this contract valid?
The Shaykh:
If a brother contracts the marriage of his sister while her father is traveling and he has not consulted him, this is a matter for the court to review. There may be urgency, or the father may be far away, or circumstances may be difficult, or his address may be unknown. It is not permissible to leave the girl in limbo. The brother should not proceed with this; he should go to the court so that there is no usurpation of his father’s right. If the father is absent and the girl is being sought in marriage, the brother should not rush. Rather, he should write to his father if he is reachable, or call him on the phone, so that he may appoint him as his agent. If that is not possible—meaning he knows his father’s address but cannot reach him by phone, or the phone is not available—he should consult the court. If he proceeds and marries her without consulting the court, the court will look into this matter. There is blessing in this trade, yes.
Source
ندوات الجامع الكبير مع الأسئلة - 46 — archive.org (47:57)
The Arabic text is a machine transcription of the audio recording.