his property without benefit or necessity. If he does not know of the defect, it is valid, just as if he bought something defective for them without knowing its defect, and he is obligated to annul it when he knows; because he is obligated to oversee what is in their interest, and the interest lies in the annulment. It is possible that the marriage is not valid; because he married them off to someone he has no authority to marry them to, so it is not valid, just as if he married them off to someone who is unlawful for them.

Section: He does not have the right to marry off an adult woman to someone with a defect without her consent, by a consensus that we know of; because she possesses the right of annulment if she learns of it after the contract, so her refusal is more appropriate. If she wishes to marry someone with a defect, he has the right to prevent her, in one of the two opinions. Ahmad said: It does not please me that he marries her to an impotent man ('innin), for even if she is satisfied now, she will dislike him once she enters upon him; because marriage is in their nature, and what pleases us in that, pleases them. This is because the harm in this is perpetual, and her satisfaction is not to be trusted to last, and she will not be able to obtain release if she was aware at the initiation of the contract, and it might lead to discord and enmity, thereby harming her guardian and her family; thus, the guardian possesses the right to prevent her, just as if she wished to marry someone who is not a match (kuf') for her. In the second opinion, he does not have the right to prevent her; because the right belongs to her. The Qadi said: He has the right to prevent her from marrying a mentally ill man, but he does not have the right to prevent her from marrying a castrated man (majbub) or an impotent man ('innin); because their harm is directed at her specifically. Regarding the leper or one afflicted with leprosy, there are two opinions; one is that he does not possess the right to prevent her; because the right belongs to her and the harm is upon her, so they are like the castrated man and the impotent man. The second is that he has the right to prevent her; because there is harm upon him from it, for he would be shamed by it, and it is feared that it might extend to the offspring, so it resembles marrying someone who is not a match for her. This is the school of al-Shafi'i. The most correct position is that he has the right to prevent her in all cases; because there is perpetual harm upon her, and shame upon her and her family, so he possesses the right to