Is the marriage contract of a non-speaking person (*Akhras*) valid based on their gesture?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The marriage contract of a non-speaking person is valid if their gesture is understood. This is because the gesture conveys a meaning that can only be acquired through one channel, thus validating it, similar to their sales, divorce, or mutual imprecation (*Li'an*). A further condition for validity is that if the gesture is understood, the witnesses must also understand it, as testimony is a prerequisite and one cannot testify to that which is incomprehensible.
Supporting text
If the gesture of the non-speaking person is not understood, the marriage contract is invalid, just as their other verbal dispositions would be invalid. This is because marriage is a contract between two individuals, necessitating mutual understanding of what is conveyed by each party.