The Nikah of a Mute Person

Question

A certain man speaks little; he is neither insane nor mute. The question is: he is now to be married, so if at the nikah he did not utter the offer and acceptance (ijab and qabul) but said “yes” with a nod of the head, will the nikah be valid or not?

Answer

If he is able to say “yes” with his tongue, then saying it with the tongue is necessary. As for a person who cannot speak with his tongue, a gesture from him is also sufficient.

Source: Fatawa Mahmudiyya

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