Marriage by the wording of jest
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. If a man says to his friend in jest, for example, “I give you my daughter in marriage,” or if a man says to his friend in jest, “Marry me to your daughter,” and the other replies, “I give you my daughter,” or “You deserve her,” and then says, “I accept her,” is this a valid marriage?
The Shaykh:
After the adhan. Yes.
The questioner:
Honorable Shaykh, may Allah grant you success. If a man says to his friend in jest, “Marry me to your daughter,” and the other replies, “I give you my daughter,” or “You deserve her,” and then says, “I accept her,” is this a valid marriage, and are witnesses required for it?
The Shaykh:
Yes. If he says, “Marry me to your daughter,” and the other says, “I give you my daughter,” the marriage is concluded, even if he was joking. The Messenger (peace and blessings be upon him) said:Sunan Ibn Majah 2039Hasan (Darussalam). Yes.
The questioner:
He says: Honorable Shaykh.
The Shaykh:
There is no joking or playfulness in marriage; if the words are spoken, the contract is valid. Yes.
He says: Honorable Shaykh, may Allah grant you success. If a man says to his friend in jest, for example, “I give you my daughter in marriage,” or if a man says to his friend in jest, “Marry me to your daughter,” and the other replies, “I give you my daughter,” or “You deserve her,” and then says, “I accept her,” is this a valid marriage?
The Shaykh:
After the adhan. Yes.
The questioner:
Honorable Shaykh, may Allah grant you success. If a man says to his friend in jest, “Marry me to your daughter,” and the other replies, “I give you my daughter,” or “You deserve her,” and then says, “I accept her,” is this a valid marriage, and are witnesses required for it?
The Shaykh:
Yes. If he says, “Marry me to your daughter,” and the other says, “I give you my daughter,” the marriage is concluded, even if he was joking. The Messenger (peace and blessings be upon him) said:
There are three matters in which seriousness is serious and joking is serious: marriage, divorce and taking back (one's wife).
ثلاث جدهن جد وهزلهن جد النكاح والطلاق والرجعةThe questioner:
He says: Honorable Shaykh.
The Shaykh:
There is no joking or playfulness in marriage; if the words are spoken, the contract is valid. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - ٠٧٢-كتاب النكاح — archive.org (1:13:21)
The Arabic text is a machine transcription of the audio recording.
