Is a marriage contract valid if predicated on the existence of a daughter in a woman's womb?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The contract is invalid if one states, "I marry you to the fetus of this woman." This is because the legal status of daughters does not apply to the fetus before its birth, except in matters of inheritance and bequest. Furthermore, it has not been confirmed that the fetus is a female, making it analogous to saying, "I marry you to whomever is in this house," when neither party knows the occupants.