Is the marriage contract considered valid if the elder brother of the prospective bride said to the suitor: "I give you in marriage So-and-so," and the suitor replied: "I accept," and two witnesses attested to that, knowing that the father is still alive and would not object to the brother's guardianship?

Scholars have differed on the validity of a marriage contracted by a more distant guardian when a closer guardian is present without a valid excuse. The most preponderant opinion is that such a marriage is invalid. To rectify the marriage, a new contract must be concluded, with offer and acceptance between the wife's guardian and the husband, in the presence of two witnesses. It is preferable that this be in the past tense, as there is a difference of opinion among scholars regarding its validity if expressed in the present tense.