“I marry you, on behalf of my client so-and-so, to his daughter, so-and-so daughter of so-and-so”; or, “As an agent, I marry you to the daughter of so-and-so son of so-and-so.”

If he were to say, “I marry you to the daughter of so-and-so,” it would not be valid, because he has no guardianship over her, unless he explains the basis for this by stating that he is marrying him to the daughter of so-and-so as his agent.

Or: “I marry her,” “I marry,” or “I accept.” Whoever does not know these two expressions is not required to learn them, …

His statement, “Or: ‘I marry her,’ ‘I marry,’ or ‘I accept,’” means that they have allowed greater latitude with regard to the acceptance. Thus, if he says, “I accept this marriage,” or, “I marry her,” although the apparent form of the wording is declarative rather than performative, they nevertheless say that the contextual indication shows that what is intended is a performative statement; therefore, it is valid.

His statement, “Or: ‘I marry,’” means that the guardian says, “I marry you to my daughter,” and he replies, “I marry.” Is acceptance really understood from this? In truth, it is far-fetched to understand acceptance from it. Indeed, it might be understood to mean that he already has a wife and does not want this one.

His saying, “I marry her,” is less problematic, since it contains a pronoun referring back to the woman mentioned. But “I marry”—it is one of the oddities that they regard this as an acceptable acceptance, yet they do not regard “I authorize you to marry my daughter,” followed by the husband saying, “I accept this marriage,” as a valid contract. Yet if he says, “I marry you,” and the other replies, “I marry,” they consider it an acceptable acceptance! All of this indicates that the stronger and correct view is that marriage is concluded through an offer and acceptance expressed in whatever manner is recognized by custom.

His statement, “Whoever does not know these two expressions is not required to learn them,” means that one who does not know the Arabic expressions of offer and acceptance is not required to learn them. Otherwise, we would be obliging every non-Arab to learn Arabic in order to conclude a marriage contract. If the guardian makes the offer in a language other than Arabic—despite being able to speak Arabic—yet that language is known to the husband and the two witnesses, then according to the stronger view the marriage is concluded, such as when the guardian makes the offer