Discussion of the pillars of the marriage contract.
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The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. All praise is due to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions, and those who follow them with excellence until the Day of Judgment.
We have previously mentioned that the marriage contract has three pillars: the first is the two spouses who are free from impediments, the second is the offer, and the third is the acceptance. The offer is the phrase uttered by the guardian or by one who acts in his place, and the acceptance is the phrase uttered by the groom or by one who acts in his place. We have also previously stated that the offer is not valid except with the phrase of marriage (nikah) or giving in marriage (tazwij), as held by the author (may Allah have mercy on him). We clarified that this view is an innovation and was not known from Imam Ahmad. The first to hold this view was Ibn Hamid, and his student, Qadi Abu Ya'la, followed him in this. This view became widespread and well-known among the followers due to the abundance of their books and students. However, the stronger position is that it is valid with any phrase that indicates marriage, such as "giving," "gift," "granting ownership" (I have given my daughter to you), or "permitting" (I have permitted my daughter to you). Yes, and this is colloquial language; they say so-and-so "permitted" (tajawwaz), and it is rare to hear them say so-and-so "married" (tazawwaj). In any case, we have clarified previously that the correct view is that the marriage contract is established by whatever indicates it. As for their reasoning that "marriage" and "giving in marriage" are the terms used in the Qur'an, we say to them: then a sale contract would not be valid except with the phrase "sale," because that is the term used in the Qur'an.
We have previously mentioned that the marriage contract has three pillars: the first is the two spouses who are free from impediments, the second is the offer, and the third is the acceptance. The offer is the phrase uttered by the guardian or by one who acts in his place, and the acceptance is the phrase uttered by the groom or by one who acts in his place. We have also previously stated that the offer is not valid except with the phrase of marriage (nikah) or giving in marriage (tazwij), as held by the author (may Allah have mercy on him). We clarified that this view is an innovation and was not known from Imam Ahmad. The first to hold this view was Ibn Hamid, and his student, Qadi Abu Ya'la, followed him in this. This view became widespread and well-known among the followers due to the abundance of their books and students. However, the stronger position is that it is valid with any phrase that indicates marriage, such as "giving," "gift," "granting ownership" (I have given my daughter to you), or "permitting" (I have permitted my daughter to you). Yes, and this is colloquial language; they say so-and-so "permitted" (tajawwaz), and it is rare to hear them say so-and-so "married" (tazawwaj). In any case, we have clarified previously that the correct view is that the marriage contract is established by whatever indicates it. As for their reasoning that "marriage" and "giving in marriage" are the terms used in the Qur'an, we say to them: then a sale contract would not be valid except with the phrase "sale," because that is the term used in the Qur'an.