Is a marriage valid if the guardian intends the elder daughter but the groom is uncertain which of the two daughters is intended?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 4 · Bab 1

Open in Qurani

Primary text

The marriage is invalid if the guardian intends the elder daughter, but the groom does not know which daughter is being referred to, because there is a lack of intent from both parties regarding the specific person addressed by their statement.

Supporting text

Under the alternative view where the contract is judged based on the person specified by the wording, the marriage would be valid for the daughter explicitly named in the offer.