marriage, so marriage is not contracted by it, just like what we have mentioned. This is because testimony is a condition [for marriage], and an allusion is only known through intent, and it is impossible to testify to intent because they have no access to it. Thus, it must be that it is not contracted, and for this reason, it differs from the rest of the contracts and divorce. As for the report, it has been narrated as: "I have married you to her," "I have wedded you to her," and "We have married you to her" from authentic channels. The incident is one, and it is apparent that the narrator reported it by meaning, assuming that their meanings are one, so it cannot serve as evidence. Even if the Prophet (peace and blessings of Allah be upon him) combined the terms, there is no evidence for them in it, because the marriage was contracted by one of them, and the rest is superfluous.

Section: Whoever is able to pronounce the term for marriage in Arabic, his contract is not valid in any other language. This is one of the two opinions of al-Shafi'i. According to Abu Hanifah, it is valid, because he used its specific term, and thus it was contracted, just as it is contracted with the Arabic term. Our view is that he deviated from the terms 'inkah' and 'tazwij' while being able to use them, so it is not valid, like the term of legalization. As for someone who does not know Arabic well, it is valid for him to contract the marriage in his own language, because he is unable to do otherwise, so it is waived for him, like the mute person. He needs to provide their specific meaning such that it includes the meaning of the Arabic term. It is not incumbent upon one who does not know Arabic well to learn the terms of marriage in it. Abu al-Khattab said: He must learn it, because whatever Arabic is a condition for, he is obligated to learn it if he has the ability, such as the Takbir (proclamation of greatness). The counter-argument to the first [opinion] is that marriage is not an obligatory duty, so it is not mandatory to learn its pillars in Arabic, unlike sale, and it is different from the Takbir. If one of the two contracting parties knows Arabic while the other does not,