to his agent. If his guardianship is one of requiring consultation (muraja'a), the agent needs her permission and consultation; for he is a deputy, and thus what is established for the one for whom he deputizes is established for him. The same rule applies to the Sultan and the judge: when he gives permission to another to conduct a marriage, the one given permission stands in his place.

Section: There is a difference of opinion regarding Ahmad, may Allah have mercy on him, as to whether marriage guardianship is acquired through a will (wasiyya). It was narrated that it is acquired through it, and this is the choice of al-Khiraqi, due to his statement: "Or he bequeathed a supervisor for her regarding marriage." This is the opinion of al-Hasan, Hammad ibn Abi Sulayman, and Malik. According to another narration, it is not acquired through a will. This is the opinion of al-Thawri, al-Sha'bi, al-Nakha'i, al-Harith al-'Ukli, Abu Hanifa, al-Shafi'i, and Ibn al-Mundhir; because it is a guardianship that transfers to another by Sharia, so it is not permissible to bequeath it, like fosterage (hadana). Also, there is no harm upon the executor (wasi) in wasting it or placing it with someone who is not competent, so the guardianship is not established for him, unlike a stranger. Furthermore, it is a marriage guardianship, so it is not permissible to bequeath it, like the guardianship of a judge. Abu Abd Allah ibn Hamid said: If she has agnatic relatives ('asaba), it is not permissible to bequeath her marriage [because it causes them to lose their right by his will], but if there are no agnatic relatives, it is permissible because that [cause for refusal] is absent. Our view is that it is a guardianship established for the father, so his bequest of it is permissible, like the guardianship of property. Moreover, it is permissible for him to appoint a deputy for it during his lifetime, so his deputy stands in his place after his death, thus it is permissible for him to appoint a deputy for it, like the guardianship of property. What they mentioned is invalidated by the guardianship of property. Therefore, one does not become an executor in marriage by being willed the property; because it is one of two guardianships, so he does not possess it by the will [regarding property], similar to the other bequest, by analogy to the fact that the will regarding property does not confer ownership of the marriage guardianship.