Identifying the Spouses and Removing Ambiguity
Must each spouse be identified by name, by pointing, or by a distinguishing description, and what does ambiguity about either do to the contract's validity?
For a marriage to be valid the spouses must be identified so as to remove gross ambiguity — by name, by pointing, or by a distinguishing description. Were the guardian to say “I have given you my daughter in marriage” while having several daughters, the contract is not valid until one of them is specified at the time of contracting.
Identifying each spouse is a condition of the contract's validity, by name, by pointing, or by a distinguishing attribute. If ambiguity occurs — as in saying “I have given you one of my daughters in marriage” — the contract is void and is annulled; it is concluded only by identifying the woman given and the man she is given to.
For the contract to be valid the spouses must be identified in a way that admits no confusion: by express naming, by pointing to one present, or by a particular description. Were the guardian to speak without restriction and say “I have given you my daughter in marriage” while having two daughters or more, the contract is void for ambiguity as to the woman contracted for.
Identifying the spouses is a condition of the marriage's validity: by pointing to them, by naming them with a name proper to them and shared by no one else, or by an attribute not confused with another's. Were he to give him “his daughter” while having others, or to say “I have given you one of my daughters in marriage,” the marriage is not valid for ambiguity as to the one contracted for.