the Exalted, says: “Then marry them with the permission of their people” [Quran 4:25]. And He says: “Then, when Zayd had no further need of her, We gave her to you in marriage” [Quran 33:37]. And He says: “And for you is half of what your wives leave behind” [Quran 4:12]—although this latter is a reference to a completed contract.

Moreover, marriage must be witnessed, and testimony cannot be given concerning something unspecified; testimony can only concern something definite.

If the guardian points to the wife, names her, describes her by a distinguishing characteristic, or says, “I give you my daughter in marriage,” when he has only one daughter and no more, the marriage is valid.

His statement, “If the guardian points to the wife, names her, or describes her by a distinguishing characteristic”: there are several ways of specifying her:

The first is by gesture: for example, he says, “I give you this daughter of mine in marriage,” and the man replies, “I accept.”

The second is by mentioning her particular name: for example, he says, “I give you my daughter Fatimah in marriage,” when he has no other daughter by that name.

The third is by describing her with a characteristic that distinguishes her, such as saying, “My daughter who obtained the sixth certificate this year,” or, “My tall daughter,” “my short daughter,” “my fair-skinned daughter,” “my dark-skinned daughter,” “my one-eyed daughter,” or the like.

The fourth is that she be specified by the actual circumstances: for example, he says, “I give you my daughter in marriage,” when he has no daughter besides her. He has neither named her, described her, nor pointed to her, but the circumstances themselves have specified her. This is why he said:

“Or he says, ‘I give you my daughter in marriage,’ when he has only one daughter and no more, the marriage is valid.”

Does this also include the case where he has only one unmarried daughter, while his other daughters are married? Yes, it includes this case.