Is the Nikah Temporary If the Bride Does Not Know of the Man’s Intention to Limit Its Term?

Question

Zayd concluded a marriage contract (‘aqd) secretly in the presence of two witnesses, and at the time of the contract he resolved: “I am making this contract until a good proposal for the bride comes from elsewhere.” For since the contract is secret its circumstances will not be known, and so someone or other is bound to send a proposal.

Answer

The questioner has not mentioned whether this hidden condition was also put before the woman proposed to (makhtuba) or her guardian (wali). If this condition was put before the makhtuba and she accepted it, or — in case she is a minor — it was put before her wali and he accepted it, then according to the Shari‘a this contract is not valid; rather, it is void (batil).

Source: Fatawa Mahmudiyya

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