Offer and Acceptance in the Presence of Witnesses Is Necessary for a Nikah

Question

(1) Zayd goes to Bakr and asks regarding the nikah of Bakr’s daughter: “Marry your daughter to me.” Having heard this, Bakr says: “We are all pleased; do not come a second time — I will send someone myself and call you, and I will also consult.” Zayd returns. After twenty days Bakr sends a Muslim man and summons Zayd for the purpose of the marriage contract (‘aqd) of the daughter, and Zayd comes along with him.

Answer

(1) In the text given, the words of the girl’s father Bakr, “I have given the girl to you,” are mentioned, but no words of Zayd in reply to this are mentioned, and it is not known whether Zayd accepted in reply or not.

Source: Fatawa Mahmudiyya

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