accepted, because they cannot hear the offer and acceptance. Thus, if the guardian says, “I give you my daughter in marriage,” and the other says, “I accept,” while they cannot hear, their presence is tantamount to their absence.

The apparent meaning of the author’s words is that this applies even if they can see and read, and the contract is put in writing—for example, if the guardian takes a sheet of paper and writes, “I give you my daughter in marriage,” then gives it to the husband, who writes beneath it, “I accept the marriage,” and the two witnesses read it. The apparent meaning of the author’s words is that this is invalid. The correct view, however, is that it is valid, because the testimony is thereby established. Knowledge has reached these two deaf persons through sight, and what matters is that knowledge reaches them, whether through hearing or sight, as Allah, the Exalted, says: “Except those who bear witness to the truth knowingly.” [al-Zukhruf 43:86] Once knowledge reaches the witness, that suffices.

His statement, “able to hear,” applies even if they are hard of hearing, such that they can hear only when the voice is raised. What matters is that they possess hearing, even if it is limited.

His statement, “able to speak,” means that they must also be able to speak. What is meant is actual speech. As for the statement, “The human being is a rational animal,” what is meant is rationality in actuality or potentiality.

His statement, “able to speak,” excludes those who are mute, whose testimony is not accepted, because one who cannot speak is unable to give testimony.

The apparent meaning of the author’s words is that this applies even if they can hear and see, because they are unable to give testimony.

The apparent meaning of his words is that this applies even if they are proficient in writing when giving testimony,