Many people believe that if the guardian says to the one who asked for his daughter's hand, "She is yours," the contract is concluded, and they cite the hadith
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The questioner : Some people, if he says, "Marry me your daughter," and he says, "She is yours," the contract is concluded.
The Shaykh : What?
The questioner : It is concluded... and they cite the hadithSunan Ibn Majah 2039Hasan (Darussalam)?
The Shaykh : No, no, this is a promise, this is not a contract, this is a promise and not a contract. The contract is when he says, "Marry me your daughter," and he says, "I have married you to her," jokingly; this is the contract. As for the matter of "She is yours" or "I have married you," yes, or "May Allah reward you" or "May Allah bless you"...
The questioner : Even if he said, "I have married you to her"?
The Shaykh : Even if he said, "I have married you to her," and he was joking, the marriage contract is concluded.
The questioner : ... the first ...
The Shaykh : No, a thousand matters are returned to him regarding this. This is our discussion on the basis that this formula is acceptable and the conditions are necessary, they are necessary. It is also returned to him that there must be no breastfeeding between them, and she must consent, and there must be witnesses; everything is returned to him.
The questioner : ..
The Shaykh : It is necessary that they be present in every contract, whether joking or serious, they must be present, yes.
The Shaykh : What?
The questioner : It is concluded... and they cite the hadith
There are three matters in which seriousness is serious and joking is serious
ثلاث جدهن جد وهزلهن جدThe Shaykh : No, no, this is a promise, this is not a contract, this is a promise and not a contract. The contract is when he says, "Marry me your daughter," and he says, "I have married you to her," jokingly; this is the contract. As for the matter of "She is yours" or "I have married you," yes, or "May Allah reward you" or "May Allah bless you"...
The questioner : Even if he said, "I have married you to her"?
The Shaykh : Even if he said, "I have married you to her," and he was joking, the marriage contract is concluded.
The questioner : ... the first ...
The Shaykh : No, a thousand matters are returned to him regarding this. This is our discussion on the basis that this formula is acceptable and the conditions are necessary, they are necessary. It is also returned to him that there must be no breastfeeding between them, and she must consent, and there must be witnesses; everything is returned to him.
The questioner : ..
The Shaykh : It is necessary that they be present in every contract, whether joking or serious, they must be present, yes.