What constitutes an explicit declaration (tasreeh) in proposing marriage?

Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters

Al-Mughni

Book of Marriage

Book 35 · Issue 4 · Bab 2

Open in Qurani

Primary text

An explicit declaration is wording that can only be interpreted as a proposal for marriage. Examples include saying, 'Marry yourself to me,' or 'When your 'Iddah' ends, I will marry you.' This explicit declaration is generally forbidden during the 'Iddah' of a woman in a revocable divorce or a third divorce, but permitted for the husband of a woman in an irrevocable separation permissible for him to remarry. It is speculated that this explicit declaration aligns with the prohibition against making secret promises ({but do not promise them secretly} [Quran 2:235]).

Supporting text

Al-Shafi'i interpreted 'secretly' (*sirr*) in the verse as sexual intercourse. He interpreted 'promising secretly' as saying, 'I have intercourse that will satisfy you,' or similar phrases, which is forbidden due to indecency, vulgarity, baseness, and foolishness.