Chapter on the Two Pillars of Marriage and Its Conditions

Its two pillars are: the offer (ijab) and the acceptance (qabul), in that order.

A marriage contract is valid even when concluded in jest, and it may be enacted in any language by someone who is unable to speak Arabic. It is not valid by mere writing or gestures—except in the case of a mute person.

Its conditions are five:

1. Designation of the two spouses. It is therefore invalid to say, “I marry you to my daughter,” when he has another daughter, or, “I accept her for my son,” when he has another son, until each of them1 is specified by name or by an identifying description.

2. Consent of the competent groom, even if he is a slave. The father—but not the grandfather—may compel the marriage of one who is not legally competent. If there is no father2, that authority passes to his executor, and if there is none, then to the judge when there is a need. No one else may contract a marriage for a non-competent person, even if that person is pleased.

   Likewise, the consent of a free, sane bride who has definitively reached nine years of age is required. The father3 may compel the marriage of a previously married girl who is younger than that, and of a virgin even if she is an adult.

Any guardian may marry off an orphan girl who has reached nine, with her permission; below that age this is never permissible—except for the executor appointed by her father.