As for marriage, these scholars—such as Ibn Hāmid, the Judge, and his associates, including Abū al-Khattāb and the majority of later scholars—held that it can be concluded only by using the formula of giving in marriage or marrying. This was also the view of al-Shāfiʿī, based on the principle that marriage cannot be concluded through allusive wording, since such wording requires an intention, while witnesses are a condition for the validity of marriage and it is impossible for them to attest to an intention. They therefore denied that marriage could be concluded using the wording of a gift, a grant, or any other expression denoting transfer of ownership.

Most of them—including Ibn Hāmid, the Judge, and the later scholars—also held that, for one proficient in Arabic, marriage can be concluded only with an Arabic formula. If a person is unable to learn Arabic, it may be concluded using its specific equivalent in any language. If he is able to learn it, however, there are two views. This was based on the position that marriage is confined to these two terms and contains an element of devotional observance.

Yet besides having no explicit basis in any statement of Ahmad, this position conflicts with his legal principles. Ahmad never expressly stated it, nor did they transmit any explicit statement from him to that effect. They transmitted only his statement in the report of Abū [al-Hārith]: “If a woman gives herself to a man, that does not constitute marriage, for Allah Most High says: ‘Exclusively for you, and not for the other believers’ [al-Ahzāb: 50] [al-Ahzāb: 50].” This is merely an explicit prohibition of what was among the exclusive privileges of the Prophet (peace and blessings be upon him), namely marriage without a dower. Indeed, according to the well-known report from Ahmad, he expressly stated that marriage is concluded when a man says to his female slave, “I have emancipated you and made your emancipation your dower,” or says, “I have made your emancipation your dower,” or, “Your dower is your emancipation.” This is recorded in more than one of his responses.

His followers therefore differed. As for Abū Abd Allah ibn Hāmid, he applied his analogy consistently and said: “In addition to that, he must say, ‘I have married her’ or ‘I have wed her,’” because