5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

authorized as the proxy] to know the woman. If they are
present, it will be good if they see her face. If they hear her
voice from another room, it will be permissible if the woman is
alone in the room. As the nikâh is being performed, the walî or
the wakîl says only the name of the woman whom the
witnesses know. If the witnesses do not know the woman, he
(the walî or the wakîl) will have to say her father’s and
grandfather’s names, too. To know the woman means to know
whose daughter she is and which daughter she is (if she has
sisters). It does not mean to know her person or outward
appearance. A small girl’s father orders someone to perform his
daughter’s nikâh. When this person, who is the wakîl now,
performs the nikâh in the presence of someone else, it will be
permissible if the father, too, is present. For the wakîl’s
performing the nikâh has been in the name of the father, and he
himself has acted as a witness. It is not permissible if the father
is not present. When the father, or another wakîl, of a grown-up
girl [who has reached puberty] performs the girl’s nikâh in the
presence of a man, it will be permissible if the girl, too, is
present. For the statements made by the walî (the father) or the
wakîl will have been made by the girl. The walî or the wakîl will
have acted as a witness. If a man says to someone, ‘Have you
given your daughter as a wife to me?’ and if the latter says,
‘Yes, I have,’ or, ‘I have given her as a wife to you,’ the nikâh
will not have been effected. The former will have to say again, ‘I
have accepted.’ For his first expression is in question form. A
wakîl cannot be authorized in question form. However, if his first
statement is, ‘Give your daughter as a wife to me!’ the nikâh will
have been effected. For he will have authorized the latter as his
wakîl through imperative form. This wakîl’s answer will have
been made in the name of both parties and therefore the nikâh
will have been accomplished if two witnesses are present, too.
If the wakîl says the name of the girl’s father wrong, the nikâh
will not be sahîh. If a man sends various people (to act as his
deputies) to marry him to a girl, if one of them makes the
proposal to the girl’s father and the girl’s father, or her walî,
accepts, it will be sahîh. For the person who has made the
proposal has been the wakîl and the others have been
witnesses.
If a man makes someone his wakîl by saying to him, ‘Go as
my representative and ask so and so’s daughter so and so to
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