Section
What is disliked during the waiting period takes two forms: a unilateral promise and an exchange of promises. A unilateral promise is when one of the two promises to marry the other without receiving a corresponding promise. Making such a promise is unanimously considered disliked, lest the person making it change their mind and thus break their promise. If this nevertheless occurs and he marries her after the waiting period, the marriage stands and is not annulled, nor does this make her unlawful for him, by consensus.
Section
Exchanging promises is what Allah prohibited when He said:
“But do not make secret promises to them; speak only in an honourable manner.” [al-Baqarah: 235]
He thus prohibited each of them from promising the other, for the wording denotes a reciprocal action, which necessarily involves two people. Such an exchange is unanimously considered disliked at the outset. If it occurs and he subsequently marries her after the waiting period, there are two opinions as to whether the marriage is annulled. The first, reported by Ashhab from Mālik in al-Mudawwana, is that it is annulled. The second, reported there by Ibn Wahb from Mālik, is that it is not annulled, for he recommended annulment in this case, whereas he did not require it in the case of a unilateral promise. Thus, a unilateral promise does not affect the validity of a subsequent marriage contract, whereas an exchange of promises does, because it resembles a contract, given what we have explained about breaking a promise being disliked.
Section
Even according to the opinion that the marriage contract is to be annulled, there are two further opinions as to whether she becomes permanently unlawful for him if the marriage is not discovered until after intercourse has occurred. Ashhab reported from Mālik that she does not become unlawful for him, while ‘Īsā reported from Ibn al-Qāsim that she does if the promise resembled a binding commitment. If, however, he exchanges promises with her guardian without her knowledge, while she has control over her own affairs, this counts as a unilateral promise rather than an exchange of promises. By consensus, the marriage is therefore not annulled, nor does she become unlawful for him.
Section
What is forbidden during the waiting period is concluding the marriage contract and having intercourse. If he concludes a marriage contract during it, the marriage is annulled whenever it is discovered, whether or not it has been consummated. If he has consummated it, she is entitled to the stipulated dowry, and it suffices for her to observe a waiting period