Is the jocular consent of the guardian to the marriage of his daughter, in the presence of witnesses, considered a legitimate marriage that prevents her from marrying anyone else until the suitor divorces her? And is the Hadith "Two matters, their earnestness is earnestness, and their jocularity is earnestness: marriage and divorce," authentic? And are there jurisprudential differences regarding this matter?

The marriage is not contracted with the aforementioned formula, which is: the husband initiates with the question "Will you marry your daughter to me?" and the guardian responds "Take her with peace," for several reasons:

1. Presenting acceptance before offer: This is invalid according to the Hanbalis, while it is valid according to the majority of scholars. 2. Interrogative form: This is invalid according to the Hanbalis. The Shafi'is stipulate that the suitor must say "I have married" after the guardian's approval, and the Hanafis refer the matter to the state of the assembly. 3. The phrase uttered by the guardian: The phrase "Take her with peace" is not valid according to most jurists. The Hanbalis, Shafi'is, and Hanafis hold that marriage is not contracted except with the word "I have married" (زوجت) or "I have given in marriage" (أنكحت) or what denotes it.

Therefore, marriage is not contracted with this formula according to the Hanbalis, Shafi'is, and Hanafis. The prophetic hadith: "There are three things which, whether done in earnest or in jest, are to be taken seriously: marriage, divorce, and revocation [of divorce]" does not apply to it, because this hadith applies when the offer and acceptance are valid, using the past tense and the word marriage (نكاح) or giving in marriage (تزويج).