What is the ruling regarding a marriage offer (Ijab) when the proposer subsequently loses consciousness due to insanity or fainting?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a marriage offer (Ijab) is established, and the proposer subsequently loses his intellect due to insanity or fainting, the effect of the offer is nullified. A subsequent acceptance (Qabul) does not form a contract because the contract requires the acceptance to coincide with a valid offer, which is negated by the loss of reason. This nullification is analogous to how revocable contracts are nullified by death or insanity. This ruling is the position held by Al-Shafi'i.