A Minor’s Nikah Was Concluded by a Non-Guardian, the Guardian Gave Talaq, Then a Second Nikah Took Place

Question

Zayd married his minor daughter to the minor son of a man named ‘Umar; a man named Bakr, who is ‘Umar’s full brother, accepted the nikah (qabul) on behalf of his nephew. After a year the man named Bakr, who was the father of the minor groom, gave a triple talaq on behalf of his minor son. About 4 years after the talaq, the man named Zayd has now married his minor daughter elsewhere. Is the second nikah permissible according to the Shari‘a? (2)

Answer

If the first nikah had already become valid, that is, ‘Umar gave his permission for it (because the acceptance was not made by ‘Umar, who is the guardian (wali) according to the Shari‘a, but by Bakr, so this acceptance is mawquf, suspended on ‘Umar’s permission)

Source: Fatawa Mahmudiyya

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