The Precedence of Acceptance over Offer in the Marriage Contract
Machine translationRead the Arabic original
Question:
Honorable Shaykh, what is the ruling if the acceptance precedes the offer? Because the custom of people is that the husband is the one who comes forward to ask for the marriage of the daughter of his relative, al-Walid.
Answer:
No, it is not permissible for the acceptance to precede the offer. The offer must come first, then the acceptance. As for the proposal coming first, that is not a contract; rather, it is an offer. This falls under the category of offer and demand. Yes.
Honorable Shaykh, what is the ruling if the acceptance precedes the offer? Because the custom of people is that the husband is the one who comes forward to ask for the marriage of the daughter of his relative, al-Walid.
Answer:
No, it is not permissible for the acceptance to precede the offer. The offer must come first, then the acceptance. As for the proposal coming first, that is not a contract; rather, it is an offer. This falls under the category of offer and demand. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 46 من 89|شرح العدة في شرح العمدة|كتاب الفرائض|باب الولاء|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:03:49)
The Arabic text is a machine transcription of the audio recording.