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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Conditions for Acceptance in the Marriage Contract.

Machine translationRead the Arabic original
The Shaykh : So, two conditions are required for the acceptance: the first is that it must be in the same session, and the second is that one must not be occupied with something that interrupts it. There is a third condition that the author did not mention, because it is known that the acceptance must be for the one to whom the offer was made. For example, if someone says, "I have married you to my daughter So-and-so," and the other says, "I accept the marriage of your second daughter, So-and-so," yes, in that case the contract is not valid, correct? Why? Because of the lack of correspondence between the offer and the acceptance. Suppose he had a daughter named Ruqayyah, who was the one being sought in marriage, and another daughter named Aishah. He says, "I have married you to my daughter Ruqayyah," and the groom says, "I accept the marriage of your daughter Aishah." Is this valid or not?

The questioner : It is not valid.

The Shaykh : It is not valid due to the lack of correspondence. Likewise, if someone other than the one he sought in marriage is named to him. He had sought Aishah in marriage, so the guardian says, "I have married you to my daughter... what? Ruqayyah." So, someone other than the one he sought in marriage was named to him. If he says, "I accept," while he thinks that Ruqayyah is the Aishah he sought in marriage, then the marriage is not valid due to the lack of correspondence between the offer and the acceptance. Thus, a third condition is required, which is the correspondence between the offer and the acceptance.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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