The testimony of the mute person and his gestures in the marriage contract
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, what the author (may Allah have mercy on him) mentioned has confused me, may Allah preserve you. He stated that the testimony of a mute person is not accepted, even if his gestures are understood. Yet, in the book on marriage, the author (may Allah have mercy on him) considered the understood gestures of a mute person valid in the marriage contract, in both the offer and the acceptance. It is well known that the protection of chastity is greater than the protection of wealth.
Answer:
No, the marriage contract is not the same as testimony. Testimony is the basis for cutting off rights and issuing a legal ruling, severing rights and transferring a right from one person to another. Therefore, the testimony of a mute person is not accepted. As for the contract, the matter is simple; it is merely proof. So, the understood gestures of a mute person are accepted. However, they should never marry mutes. Yes. Likewise, they should provide them with what they can understand as an answer. The first thing is that he is not the thief. The one who buys and takes a picture, and then the thief comes after him, this is not valid. Yes.
He says: Honorable Shaykh, may Allah grant you success, what the author (may Allah have mercy on him) mentioned has confused me, may Allah preserve you. He stated that the testimony of a mute person is not accepted, even if his gestures are understood. Yet, in the book on marriage, the author (may Allah have mercy on him) considered the understood gestures of a mute person valid in the marriage contract, in both the offer and the acceptance. It is well known that the protection of chastity is greater than the protection of wealth.
Answer:
No, the marriage contract is not the same as testimony. Testimony is the basis for cutting off rights and issuing a legal ruling, severing rights and transferring a right from one person to another. Therefore, the testimony of a mute person is not accepted. As for the contract, the matter is simple; it is merely proof. So, the understood gestures of a mute person are accepted. However, they should never marry mutes. Yes. Likewise, they should provide them with what they can understand as an answer. The first thing is that he is not the thief. The one who buys and takes a picture, and then the thief comes after him, this is not valid. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/139 شرح زاد المستقنع/ صالح الفوزان — youtube.com (53:17)
The Arabic text is a machine transcription of the audio recording.
