its acceptance. Abu Talib reported from Ahmad, regarding a man to whom a group of people approached and said: "Marry off so-and-so." He said: "I have married him off for a thousand [dirhams]." They returned to the groom and informed him, and he said: "I have accepted." Is this considered a valid marriage? He said: "Yes." The Qadi said: "This is interpreted as him having authorized the person who accepted the contract in the session." Abu Bakr said: "Abu Talib's issue is subject to two opinions." He chose the view that acceptance must occur in the session, and that is the correct view, God willing.

Section: If one makes an offer of marriage, then loses his mental capacity due to insanity or fainting, the validity of the offer is voided, and it does not become a contract through subsequent acceptance; because as long as it has not been joined by acceptance, it does not constitute a contract, thus it is voided by the loss of capacity, like voidable contracts that are terminated by death or insanity. This is the school of al-Shafi'i. If he loses his capacity due to sleep, the validity of the offer is not voided; because it does not void voidable contracts, so the same applies here.

Section: No option (khiyar) is established in marriage, and this applies equally to the option of the session and the option of condition. We do not know of anyone who disagreed on this, because there is no pressing need for it; usually, it only occurs after deliberation, reflection, inquiry by each spouse about the other, and knowledge of their condition, unlike sales that occur in markets without thought or deliberation. Moreover, marriage is not a pure exchange, which is why knowledge of the subject of the contract by sight or description is not considered in it, and it is valid without specifying the compensation, and even with its corruption. Furthermore, establishing the option in it leads to its annulment after the woman has been exposed, as there is harm to the woman in annulling it after the contract, which is why divorce before consummation necessitates half of the dower (sadaq).

Section: It is recommended that the one concluding the contract, or someone else, deliver a sermon before the exchange of consent, and then the contract takes place after it;