Back to search
The question

Is the marriage contract valid if the officiant's mind wandered during part of the wording of the contract, even though he pronounced it, and then became attentive to the rest of the wording? Does the heart's lack of awareness or complete inattention to what is being said during the pronunciation of the wording affect the validity of the contract? Is it necessary to re-do the contract in this case?

Share this answer

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

The scholars have mentioned that marriage () has conditions for its validity, one of which is the صيغة (formula - i.e., offer and acceptance). Being absent-minded (ذهول) during the utterance of the formula does not invalidate it. The criterion is the articulation of the required wording, and absent-mindedness is an internal matter upon which no ruling is built. This is similar to the marriage of a jester (هازِل), which is valid. The criterion is the act of bringing about the cause (the wording), and the attribution of rulings thereupon belongs to the Lawgiver (Allah), not to the contracting party. Jest is an internal matter that is not accepted to nullify the right of the other contracting party.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
180802
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy