The Fasid and the Batil Nikah

Question

A word of kufr (disbelief) escaped a man’s tongue. After that he renewed his iman and his nikah, but the nikah took place as follows: in the presence of one person he said to his wife, “I want to marry you (nikah); do you accept the nikah?” The woman replied, “I accept.” This person heard the words of offer and acceptance (ijab and qabul), and this person went to the mosque and said before two witnesses, “The woman said in my presence that she accepts nikah with, say, Zayd, and yes, she is content.

Answer

In the case in question the woman gave her permission for the nikah; she thereby, as it were, made this man her agent for the nikah, and for an agent for nikah testimony is not a condition, as in “Radd al-Muhtar”, vol. 2, p. 419.

Source: Fatawa Mahmudiyya

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