Rules regarding Espousal

2372. In marriage; whether permanent or temporary, the formal formula must be pronounced; mere tacit approval and consent, is not sufficient. And the formula (Sigha) of the marriage contract is pronounced either by the man and the woman themselves, or by a person who is appointed by them as their representatives to recite it on their behalf.

2373. The representative should not necessarily be a male. A woman can also become a representative to pronounce the marriage formula.

2374. As long as the woman and the man are not certain that their representative has pronounced the formula, they cannot look at each other as Mahram (like husband and wife), and a mere probable suspicion that the representative might have pronounced the formula is not sufficient. However, if the representative says that he has pronounced the formula, it will be deemed sufficient.

2375. If a woman appoints a person as her representative so that he may, for example, contract her marriage with a man for ten days, but does not specify the day from which the period of ten days would commence, the representative can contract her marriage with that man for ten days from any day he likes. However, if the representative knows that the woman intends a particular hour or day, he should pronounce the formula according to her intention.

2376. One person can act as the representative of both sides for reciting the formula of permanent or temporary marriage. It is also permissible that a man may himself become the representative of a woman and contract permanent or temporary marriage with her. Similarly, a woman may herself become the representative of a man and contract permanent or temporary marriage with him.  However, as per recommended precaution, two separate persons should represent each side, for the formula of marriage contract.