Does the continuity of the marriage contract require the offer and acceptance to be in the same session?
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The questioner : ... the continuity.
The Shaykh : Regarding what?
The questioner : The continuity between the acceptance and the offer ... .
The Shaykh : It is not a condition of continuity, and for this reason we said that if the interval is long.
The questioner : ... if he said, "I give you my daughter in marriage," and then said in the afternoon, "I accept."
The Shaykh : Yes, this is due to the separation, because their separation is evidence of turning away. However, if they were in the same session, even if the interval was long.
The questioner : He stipulated, saying, "Until the afternoon."
The Shaykh : Yes, indeed.
The questioner : In the afternoon, he said, "I accept."
The Shaykh : This is not valid. This is simple, because when they separated from the place, the Shari'ah made the separation a severance, likeSunan Ibn Majah 2182Sahih (Darussalam). So the separation is a severance in reality. We say that if it was in the afternoon, there is no problem. There is nothing to it but for me to say, "I give you my daughter in marriage." But if we said that they built upon it being valid, and the man entered with her, and the offer was not repeated, do we say it is valid and the entry with her is considered as acceptance, and the guardian's enabling him is considered as the offer? We say no. We conclude a new contract, and nothing differs. We conclude a new contract, and from the time we conclude it, he enters with her.
The questioner : And did a consensus occur, O Shaykh?
The Shaykh : Huh?
The questioner : Did it occur before that?
The Shaykh : It does not harm, because it was out of ignorance. So it is intercourse with a doubt or seclusion with a doubt, and it does not harm. Abdullah?
The Shaykh : Regarding what?
The questioner : The continuity between the acceptance and the offer ... .
The Shaykh : It is not a condition of continuity, and for this reason we said that if the interval is long.
The questioner : ... if he said, "I give you my daughter in marriage," and then said in the afternoon, "I accept."
The Shaykh : Yes, this is due to the separation, because their separation is evidence of turning away. However, if they were in the same session, even if the interval was long.
The questioner : He stipulated, saying, "Until the afternoon."
The Shaykh : Yes, indeed.
The questioner : In the afternoon, he said, "I accept."
The Shaykh : This is not valid. This is simple, because when they separated from the place, the Shari'ah made the separation a severance, like
The two parties to a transaction have the choice (of annulling it) so long as they have not yet parted.
البيعان بالخيار ما لم يتفرّقاThe questioner : And did a consensus occur, O Shaykh?
The Shaykh : Huh?
The questioner : Did it occur before that?
The Shaykh : It does not harm, because it was out of ignorance. So it is intercourse with a doubt or seclusion with a doubt, and it does not harm. Abdullah?