Is a Gathering for a Promise of Nikah a Nikah?

Question

A man arranged the marriage of his minor daughter to the son of his paternal cousin, and the two brothers promised: “We will not marry them to anyone else.” Some days later the boy’s father became poor and went away to earn a livelihood, and the girl’s father married his daughter elsewhere. Meanwhile the boy’s father arrived; on hearing the news of his arrival, the girl’s father came, presented his excuse and said: “Please forgive me the promise I made to you; I am compelled.

Answer

If that gathering was a gathering for contracting the nikah, and the offer and acceptance (ijab and qabul) of the nikah were made before witnesses, then that nikah became valid. After that no right remained to marry her elsewhere, and that second nikah is invalid.

Source: Fatawa Mahmudiyya

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