others, while he believes it is the one he proposed to, so he accepts. The marriage is not concluded because the acceptance was directed toward someone other than the one for whom the proposal was made, so it is invalid, just as if one bargained with him over a garment and established the contract on a different one without the buyer's knowledge. If he learned of the situation after that and consented, it would not be valid. Ahmad said, regarding a man who proposed to a slave woman and they married him to her sister, then he learned of it afterward: A separation shall be made between them, and the dowry (sadaq) is the responsibility of her guardian, because he deceived him; and he shall provide him with her sister, whom he had proposed to, with the first dowry. If that one had already given birth to a child by him, the child is attributed to him. His statement: "And he shall provide him with her sister," means—and Allah knows best—through a new contract, after the waiting period of the current one has ended, if he had had intercourse with her; because the contract he concluded was not valid for either of them, since the offer (ijab) was issued for one of them, and the acceptance (qabul) for the other (1), so it was not concluded for this one or that one. If they agree to renew a contract for either of them, it is permissible. Ahmad also said, regarding a man who married a woman, and her sister was brought in to him: She is entitled to the dowry for what he had intercourse with her, and her sister [is also entitled to] the dowry. It was said: Does he owe two dowries? He said: Yes, and he may seek recourse against her guardian. This is similar to the case of a woman with leprosy or elephantiasis; Ali says: He bears no debt. This should be [applicable] in the case of a woman who is ignorant of the situation (2) or the prohibition. As for when she knew that she was not the wife and that she was prohibited to him, and she offered herself to him, it is not appropriate that a dowry be due to her, because she is a consenting fornicator (3). But if she was ignorant of the situation, she is entitled to the dowry, and he may seek recourse for it from the one who deceived him. It was narrated from Ali, may Allah be pleased with him, regarding two men who married two women, and each woman was presented to the other's husband: Both of them are entitled to the dowry, and each of them shall distance himself from his wife until her waiting period ends (4). Al-Nakha'i, al-Shafi'i, Ishaq, and the People of Opinion (Ashab al-Ra'y) held this view.

Section: Among the conditions for the validity of marriage is the designation of the spouses; for every contracting party and the subject of the contract must be designated, like the buyer and the item sold. Then it is examined; if the woman is present, and he says: "I have married you to this one," it is valid, for the gesture suffices for designation. If he adds to that, saying: "This daughter of mine," or "This so-and-so," it is an emphasis. If she is absent, and he says: "I have married you to my daughter," and he has no other, it is permissible. If he names her with her name in addition to that, it is an emphasis. If he has two daughters or more, and says: "I have married you to my daughter," it is not valid until he adds to that what distinguishes her, whether by name or description, so he says: "I have married you to my eldest daughter, or middle, or youngest." If he names her with that, it is an emphasis. If he says: "I have married you to my daughter 'A'ishah, or Fatimah," it is valid. If he has only one daughter named Fatimah, and says: "I have married you to Fatimah," it is not valid, because this name is common between her and all other Fatimahs, until he says along with it: "my daughter." Some Shafi'is said: It is valid if they both intend her. This is not correct, because the marriage requires testimony in a manner that allows it to be rendered if the contract is proven by it, and this is impossible with intention. For this reason, if he said: "I have married you to my daughter," while he has [multiple] daughters, it is not valid until he distinguishes her by his utterance.