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The question

Is a marriage contract valid if it was concluded with two witnesses, one of whom knew that she was his wife, and the other did not know that, and the wife's name was not explicitly mentioned in the offer and acceptance, knowing that she has sisters who are all married except for one who is disabled? And is the contract valid if her name was mentioned but the witnesses did not contemplate the name or verify it?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

For a marriage to be valid, the spouses must be clearly identified. If a man says, "I marry you to my daughter," and he has more than one daughter, the contract is invalid unless he specifies her by name or description (such as the eldest or the youngest).

If the woman is not present and the man has another daughter, and he did not mention anything to distinguish her, and the witnesses or one of them did not know who the contract was for, then this marriage is invalid. The fact that the other daughter is disabled does not preclude her eligibility for marriage.

In this case, for the marital relationship to continue, the contract must be renewed correctly. The witnesses not hearing the name of the woman being contracted to or what distinguishes her invalidates their testimony, because one of the conditions for giving testimony is that the subject of the testimony must be known to the witness.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
158070
Imported
Translation status
Source text, unreviewed
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