Is the phrase "Marry me your daughter based on what has passed" and the guardian's acceptance valid for a new marriage contract, or should the guardian have initiated the offer?
If the acceptance (the husband's statement) precedes the offer (the woman's guardian's statement), the marriage is valid according to the majority of scholars, in contrast to the Hanbalis. The majority relies on what Al-Bukhari narrated in his Sahih from Abu Hazim, from Sahl bin Sa'd, who said: "A woman came to the Prophet (peace be upon him) and said: 'I have dedicated myself to Allah and His Messenger (peace be upon him).' He said: '(I have no need for women).' Then a man said: 'Marry her to me...' So he said: '(What do you have of the Qur'an?)' He said: 'Such and such.' He said: '(I have married her to you for what you have of the Qur'an).'" Al-Bukhari titled this chapter: "Chapter: If the suitor says to the guardian, 'Marry me to so-and-so,' and he says, 'I have married her to you for such and such,' the marriage is valid, even if he does not ask the husband, 'Are you pleased?' or 'Have you accepted?'" Based on this, the marriage contract is valid.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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