Is a Nikah Concluded by Saying “I Gave the Girl for the Sake of God”?
Question
Zayd, in full possession of his senses and reason, said these words about his daughter Hind, who is about four or five years old: “I have given my daughter, named Hind, to Khalid’s son for the sake of Allah.” Khalid accepted this for his son in the same sitting. According to the Shari‘a, is the nikah valid in the case asked about or not?
Answer
The words “I have given my daughter Hind to Khalid’s son for the sake of Allah” are among the allusive expressions (kinayat) of nikah. If these words were said with the intention of nikah, or some other indication (qarina) or the like pointing to nikah is present, and that sitting was understood to be the contracting of a nikah (‘aqd)
Source: Fatawa Mahmudiyya
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