the guardian, or the one acting in his stead; and the acceptance is the wording issued by the husband, or by the one acting in his stead.
Thus, for example, the guardian—such as the father, brother, or the like—says: “I give you my daughter in marriage,” or, “I give you my sister in marriage.” It is called the offer because he thereby brings the contract into effect. The acceptance is the wording issued by the husband, or by one acting in his stead.
The one who acts in the guardian’s stead is the agent: someone authorized to act during the guardian’s lifetime, such as when he says, “I appoint you as my agent to marry off my daughter.”
The executor is one authorized to act after his death. According to the legal school, he too acts in the guardian’s stead. This is based on the question of whether guardianship in marriage is acquired through a bequest or not. There is a difference of opinion on this, which will be explained, Allah willing. However, according to the correct view, only one person acts in his stead: the agent. Likewise, the husband—or the one acting in his stead, namely the agent—may give the acceptance. If we hold that a father may accept a marriage on behalf of his minor son—as will be discussed, Allah willing—then the guardian acts in the husband’s stead, followed by the agent.
“A marriage is not valid, for one who knows Arabic, unless the words ‘I marry you’ or ‘I give you in marriage’ are used, …”
His statement, “is not valid”: the pronoun may refer either to the marriage itself or to the offer and acceptance.
His statement, “for one who knows Arabic, unless the words ‘I marry you’ or ‘I give you in marriage’ are used”: if he does not know Arabic, he may use any wording that conveys this meaning, and it is valid. It is well known that people differ in language, for they have no wording other than that in their own language, whether it is English, French, German, or Russian. This is why the author stipulated, “for one who knows Arabic.” If he is able to