the judge. Some of them said: the distance of qasr (shortening of prayer). Others said: The judge performs her marriage, even if the guardian is near. This is the manifest position of al-Shafi'i. The manifest position of Ahmad's statement is that if the absence is not interrupted, he is to be waited for and corresponded with until he arrives or appoints a proxy.

Section: If the relative is imprisoned or a captive at a near distance, and it is not possible to consult him, he is like the distant one. For distance is not considered for its own sake, but rather due to the impossibility of reaching the conclusion of the marriage through his perspective, and this is present here. Likewise, if he is absent and it is not known [whether he is near or far], or it is known that he is near but his location is unknown, he is as the distant one.

1116- Issue: He said: (And if she is married to a non-compatible suitor, the marriage is void.)

There is a difference of opinion narrated from Ahmad regarding the condition of compatibility (kafa'ah) for the validity of the marriage. It is narrated from him that it is a condition for it. He said: If a mawla (freedman) marries an Arab woman, they shall be separated. This is the position of Sufyan. Ahmad said regarding a man who drinks alcohol: He is not a match for her, and they shall be separated. He said: If the one marrying were a weaver, I would separate them; due to the statement of Umar, may Allah be pleased with him: "I will indeed prevent the daughters of the noble from marrying anyone except their equals." Al-Khallal narrated it with his chain of narration. From Abu Ishaq al-Hamdani, he said: Salman and Jarir went on a journey, and the prayer was established. Jarir said to Salman: "You go forward." Salman said: "Rather, you go forward, for you, O group of Arabs, one does not go forward ahead of you in your prayer, nor are your women married [to others], for Allah has favored you over us with Muhammad, may Allah bless him and grant him peace, and He placed him among you." And because marriage, in the absence of compatibility, is a disposition over the right of those who may become guardians without their permission, it is therefore invalid, just as if he had married her without her consent. It has been narrated that the Prophet, may Allah bless him and grant him peace, said: "Do not marry women except to their equals, and none shall marry them except their guardians." Al-Daraqutni narrated it, although Ibn 'Abd al-Barr said: This is weak, it has no basis, and such a report is not to be used as an argument. The second narration from Ahmad is that it is not a condition for the marriage. This is the position of the majority of scholars. Something similar has been narrated from Umar, Ibn Mas'ud, Umar ibn Abd al-Aziz, Ubayd ibn Umayr, Hammad ibn Abi Sulayman, Ibn Sirin, Ibn 'Awn, Malik, al-Shafi'i, and the scholars of opinion (Ashab al-Ra'y); due to His saying, the Almighty: {Indeed, the most noble of you in the sight of Allah is the most righteous of you}. Aisha, may Allah be pleased with her, said: Abu Hudhayfah ibn Utbah ibn Rabi'ah adopted Salim, and married him to his niece, Hind bint al-Walid ibn Utbah, and he was a mawla to a woman from the Ansar. Al-Bukhari extracted it. The Prophet, may Allah bless him and grant him peace, ordered Fatimah bint Qays to marry Usamah ibn Zayd, his mawla, and she married him by his command. It is agreed upon. And his father, Zayd ibn Harithah, married the daughter of his paternal aunt.