No Option of Puberty in a Nikah Concluded by the Father Even If a Condition Is Breached

Question

Zayd married his minor daughter to ‘Umar’s son on condition that ‘Umar marry his own daughter to my son, or arrange his marriage with the daughter of some other relative. Zayd’s daughter was three years old at the time. On reaching puberty Zayd’s daughter immediately refused, and ‘Umar too refused the wedding of Zayd’s daughter. So has the nikah of Zayd’s daughter been broken or not?

Answer

When the father married off his minor daughter, the nikah became valid and firm. On reaching puberty the girl has no option to annul it. ‘Umar’s failure to fulfil the condition has had no effect on this nikah. This nikah has not become batil (void). [ar]وَهُوَ (أَيِ النِّكَاحُ) لَا يَبْطُلُ بِالشَّرْطِ الْفَاسِدِ، بَلْ يَبْطُلُ الشَّرْطُ وَيَصِحُّ (النِّكَاحُ)

Source: Fatawa Mahmudiyya

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