Acceptance After the Dispersal of the Contracting Party
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. If the husband says to the guardian in the gathering, “Marry me your daughter,” and then the guardian says, “I will think about the matter,” and they separate, and then after several days the guardian says, “I have married her to you,” is this considered a valid marriage?
Answer:
You have taken from the conditions of validity that this must be in the gathering before they separate from the gathering. As for if they separate from the gathering before the response, and then he responds after that, the contract is not established.
He says: Honorable Shaykh, may Allah grant you success. If the husband says to the guardian in the gathering, “Marry me your daughter,” and then the guardian says, “I will think about the matter,” and they separate, and then after several days the guardian says, “I have married her to you,” is this considered a valid marriage?
Answer:
You have taken from the conditions of validity that this must be in the gathering before they separate from the gathering. As for if they separate from the gathering before the response, and then he responds after that, the contract is not established.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/116 شرح زاد المستقنع/ صالح الفوزان — youtube.com (45:53)
The Arabic text is a machine transcription of the audio recording.