What is the legal consequence when a man contracts marriage intending one woman but the offer and acceptance pertain to another woman?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If a man contracts marriage intending a specific woman whom he requested, but the marriage contract is established with her sister while he believes it is the intended woman, the marriage contract is invalid. This is because the acceptance refers to something other than that specified in the offer, mirroring a sales contract where the offer is for one item and the acceptance is established for another without the buyer's knowledge. If the man learns of the situation later and consents, the marriage remains invalid.
Supporting text
Ahmad ruled that if a man contracted for one slave girl but was married to her sister, they must be separated. The guardian of the second woman must return the dower paid, and the guardian must provide him with the originally requested sister under a new contract after the Iddah concludes (if consummation occurred with the wrong sister). If the first woman had borne a child, the child is legitimized to the husband. Ahmad also stated that if a man marries one woman, and her sister is brought to him, the first woman is entitled to the dower for any consummation, and the sister is also entitled to a dower, meaning the husband owes two dowers, for which he may seek recourse against the guardian, comparable to marrying a woman afflicted with leprosy or severe skin disease.