when made conditional. Thus, sales and leases are not valid when made conditional. The correct view, however, is that the matter requires further distinction: if it is merely a condition, then the view that the contract is invalid is correct; but if the condition serves an intended purpose, the marriage is valid.

Second: if he says, “I have given her to you in marriage if her mother consents,” and he replies, “I accept,” and then her mother consents, the marriage is invalid according to what preceded: namely, that in a marriage made conditional upon something, the acceptance occurs before the offer.

Some scholars said that it is valid, because, although it is conditional, the condition has a meaningful purpose: the mother’s approval of her daughter’s marriage is of great importance in fostering harmony between the wife and husband. Indeed, some women turn their daughters against their husbands when they do not approve of them.

The preponderant view in this matter is that it is permissible for him to say, “I have given her to you in marriage if her mother consents,” because this serves a sound purpose and because its duration will generally be short. If we were to say that it is invalid, and the mother then consents, only one thing would be required: renewing the contract. How easy it is to renew the contract when this protects a person from doubt and removes him from scholarly disagreement. The consequence of holding it valid is that, if her mother consents and the husband then dies, she must observe the waiting period, and she is entitled to the bridal dower and inheritance. But if we say that it is invalid, no consequences follow.

It says in al-Rawḍ (1): “Except where he says, ‘I have married her to you,’ or, ‘I accept, if Allah wills’; then it is valid, as when he says, ‘I have married her to you if she is my daughter,’ or, ‘if her waiting period has ended’”