speak languages other than Arabic. As for someone who has grown up and says, “I want to learn English, or another foreign language, in order to call people to Allah through it,” we say to him: “This is good,” and we will help and encourage you in it. Or if he says, “I need a non-Arabic language because I conduct trade with these people, and I wish to speak it so that I can carry out my work,” we say: “There is nothing wrong with this.” This is purposeful work and a sound objective. But if a person does so out of infatuation with that language, veneration of its people, and preference for it over Arabic, then this is wrong.
“The particular meaning of the two expressions in every language suffices, …”
His statement, “The particular meaning of the two expressions suffices,” means the wording that admits of no meaning other than marriage.
His statement, “in every language,” means: in every tongue. Allah, Exalted is He, says: “in a clear Arabic tongue” [al-Shu‘ara’: 195]—that is, in the Arabic language. And He says: “We have never sent a messenger except in the language of his people” [Ibrahim: 4]. Thus, in linguistic usage, lisān means language.
An exception to this is when he marries a woman who is his bondwoman and makes her emancipation her bridal gift. In that case, neither Arabic nor the expressions for marriage or giving in marriage are required. Rather, he says: “I have emancipated you and made your emancipation your bridal gift.” The evidence for this is that the Prophet ﷺ emancipated Safiyyah, may Allah be pleased with her, and made her emancipation her bridal gift (1).
Question: If the guardian or husband is mute—we ask Allah to grant us safety—how is the marriage contract concluded?
Answer: He concludes it by a comprehensible gesture, if he knows such a gesture. If he does not know it, then he does so in writing, if he is proficient at it. If he does not know how to write, guardianship passes to someone else.