The ruling on a woman who was married with the permission of the distant guardian while the close guardian was present and he approved it afterwards
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The ruling on a woman who was married with the permission of the distant guardian while the close guardian was present and he approved it afterwards
A woman was married by the distant guardian while the close guardian was present, and afterwards he approved it. What is the ruling on this marriage?
Meaning: Did the close guardian approve the marriage?The questioner: He approved the marriage, whether it was in the first week or after many years have passed, this leads to another short question,For example: If this is the case, there is no harm according to the school of thought, but if the correct view is that it is not permissible, for example, if a scholar issues a ruling that it is not permissible?The Shaykh: In any case: the well-known view among the Hanbali jurists is that this is not valid,Meaning: It is not valid to marry [a woman] with the distant guardian while the close guardian is present, even if he gives him permission afterwards. Accordingly, the contract must be renewed, and any offspring born before that belong to the man, just as they belong to the woman.
But the stronger position is: That if the close guardian approves the contract of the distant guardian, the marriage is valid.
A woman was married by the distant guardian while the close guardian was present, and afterwards he approved it. What is the ruling on this marriage?
Meaning: Did the close guardian approve the marriage?The questioner: He approved the marriage, whether it was in the first week or after many years have passed, this leads to another short question,For example: If this is the case, there is no harm according to the school of thought, but if the correct view is that it is not permissible, for example, if a scholar issues a ruling that it is not permissible?The Shaykh: In any case: the well-known view among the Hanbali jurists is that this is not valid,Meaning: It is not valid to marry [a woman] with the distant guardian while the close guardian is present, even if he gives him permission afterwards. Accordingly, the contract must be renewed, and any offspring born before that belong to the man, just as they belong to the woman.
But the stronger position is: That if the close guardian approves the contract of the distant guardian, the marriage is valid.
