A woman was married off by a distant guardian while a close guardian was present, and then the close guardian approved it. What is the ruling on this marriage?
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The Shaykh : Yes
The questioner : May Allah forgive you. A woman, I mean, was married off by a distant guardian while a close guardian was present, and then the close guardian approved it. What is the ruling on this marriage? What is the ruling on that?
The Shaykh : I mean, the close guardian approved the marriage.
The questioner : He approved the marriage, whether it was in the first week or after, I mean, after many years had passed.
The Shaykh : Yes, perfume.
The questioner : This leads to, I mean, another short question. For example, if this is, I mean, there is no harm with him, for example, the school of thought. I mean, if the correct view is that it is not permissible, I mean, if the person issues a fatwa that it is not permissible.
The Shaykh : In any case, the well-known view among the Hanbali jurists is that this is not valid, I mean, it is not valid to marry off a woman by a distant guardian while a close guardian is present, even if he gives him permission afterwards. And based on this, the contract must be renewed. And any offspring that occurred before that belongs to the man, just as it belongs to the woman. But the stronger view is that if the close guardian approves the contract of the distant guardian, then the marriage is valid. Yes.
The questioner : Your Eminence, the Shaykh
The Shaykh : In order, my brothers, in order. May Allah reward you with good, and it is in the interest of everyone. Yes.
The questioner : May Allah forgive you. A woman, I mean, was married off by a distant guardian while a close guardian was present, and then the close guardian approved it. What is the ruling on this marriage? What is the ruling on that?
The Shaykh : I mean, the close guardian approved the marriage.
The questioner : He approved the marriage, whether it was in the first week or after, I mean, after many years had passed.
The Shaykh : Yes, perfume.
The questioner : This leads to, I mean, another short question. For example, if this is, I mean, there is no harm with him, for example, the school of thought. I mean, if the correct view is that it is not permissible, I mean, if the person issues a fatwa that it is not permissible.
The Shaykh : In any case, the well-known view among the Hanbali jurists is that this is not valid, I mean, it is not valid to marry off a woman by a distant guardian while a close guardian is present, even if he gives him permission afterwards. And based on this, the contract must be renewed. And any offspring that occurred before that belongs to the man, just as it belongs to the woman. But the stronger view is that if the close guardian approves the contract of the distant guardian, then the marriage is valid. Yes.
The questioner : Your Eminence, the Shaykh
The Shaykh : In order, my brothers, in order. May Allah reward you with good, and it is in the interest of everyone. Yes.