it is stronger, thus it removes the weaker, just as if ownership by right of possession (milk yamin) were to intervene upon ownership by marriage. If she leaves his ownership to someone to whom she is not lawful, such as a woman or two [men], then the same applies; for if a contract is pending upon the authorization of one person, it cannot be validated by the authorization of someone else, just as if one sold the slave of another and then the owner sold her, the second buyer cannot authorize the sale of the stranger. There is another view that it is valid with the authorization of the second owner, because he possesses the capacity for the inception of the contract, so he possesses the capacity for its authorization, just like the first. There is no difference between leaving through sale, inheritance, gift, or otherwise. As for if the master emancipates her, it is possible that the marriage is valid; for it was only suspended due to the right of the master, and when he emancipates, his right lapses, so the contract becomes valid. It is also possible that it is not valid, because invalidating the right of the master is not authorization, and because although the right of the master has lapsed from ownership, it has not lapsed from the guardianship of marriage, for he is her guardian by virtue of wala' (patronage).

Section: If a woman whose permission is required is married off without her permission, and we say: it is pending upon her authorization, then her authorization is by speech, or by what indicates consent, such as allowing intimacy or demanding the dower and maintenance. There is no difference in that between a virgin and a previously married woman (thayyib); because evidences of consent take the place of speech regarding it. For this reason, the Prophet (peace and blessings of Allah be upon him) said to Barirah: "If your husband has intimate relations with you, you have no choice." He made her allowing [the act] a proof for the waiving of her right and [her] demand for the dower and maintenance, and allowing intimacy is evidence of consent; for that is among the specific characteristics of a valid contract, so its existence from the woman is proof of her consent to it. The third ruling: if her closest guardian prevents her (adl), the guardianship transfers to the more distant one. Ahmad stated this. Another narration from him says it transfers to the Sultan (ruler), which is the choice of Abu Bakr. This was also mentioned from Uthman ibn Affan, may Allah be pleased with him, and Shurayh. Al-Shafi'i also held this view, based on the saying of the Prophet (peace and blessings of Allah be upon him):