5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

marry me for so much mahr (saying the amount of mahr),’ and if
the wakîl makes the proposal by offering an amount of money
more than the mahr (advised by the former), it will not be
necessary to give the excess, too. The former may consent to
give the extra amount if he likes. Or he may cancel the nikâh if
he likes. If he is informed after the marriage ceremony and then
cancels the nikâh, he will have to give ‘Mahr-i-mithl.’ A nikâh
that is performed by saying that “Allâhu ta’âlâ and His
Messenger ‘sall-Allâhu alaihi wa sallâm’ are witnesses” will not
be sahîh. There are even scholars who say that it is disbelief.”
It is stated as follows in Majmû’a-i-zuhdiyya: If a man, in
the presence of two male witnesses, writes on a piece of paper,
“I have taken you as my wife,” and if the girl writes, “I have
accepted,” the nikâh will not have been effected. They have to
say it. If a girl reads to the witnesses a letter that says, “I have
taken you as my wife,” and which has been written by a man
who is absent, and then says, “I have accepted,” the nikâh will
have been effected. If a man sends someone to a girl and asks
her through him to be his wife and if the girl, in the presence of
two witnesses who have heard the proposal, answers, “I have
accepted,” the nikâh will have been accomplished. If, instead of
reading the letter, she says that the letter says so, again, the
nikâh will have been effected. In a nikâh, it is a condition that
the îjâb [offer, proposal] and the qabûl [acceptance] be made
during the same meeting, yet it is permissible to tell the
witnesses about a letter of îjâb coming from someone being at
some other place in one meeting and to say that one accepts it
in another meeting. If a woman authorizes someone as her
wakîl to marry her to a man and if this wakîl performs the nikâh
in the presence of this woman and two female witnesses, the
nikâh will be sahîh. If a person marries a woman by saying that
he does not have another wife, this marriage (nikâh) will not be
annulled if it is found out later that he has had another wife. So
is the case with any other sort of false condition. If a woman
makes someone her wakîl to marry her to a man on condition
that he (the man she is to marry) will not have a jâriya during his
marriage with her and if the wakîl performs the nikâh without
stating the condition and with someone other than the man
named by the woman, the woman can refuse the nikâh. A small
girl can be married to a man by her father in his death-bed in
the presence of witnesses. If a person has a female paternal
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