to marry him off, except when he sees an interest in it. However, the need is not limited to the fulfillment of desire, for his need might be for shelter and care, and it might perhaps be a treatment for him, with the hope that it brings about his cure, so it is permissible to marry him off, just as it is for the fulfillment of desire. And Allah knows best.

Section: Whoever suffers from asphyxia (khunaq) (11) at times, it is not permissible to marry him off except with his permission; because that is possible, and whoever is able to get married for himself, guardianship is not established over him, like a sane person. If his intellect departs due to pleurisy (birsam) or an illness from which recovery is hoped, he is like the sane person; for that does not establish guardianship over his property, so it is more appropriate that it does not do so over his person. If recovery is not expected, then he falls into what we have mentioned.

Section Four: The father's executor (wasi) in marriage is in the same position as him, according to what we mentioned regarding the establishment of guardianship for the executor over the woman. Regarding this, there is a similar disagreement as exists there. This is only established for the father's executor in marriage specifically; if he is an executor for property, he has no guardianship in marriage because he only gains the authority of disposal (13) through the will (wasiyya), so he does not possess what he was not commissioned for. The executor of someone other than the father has no guardianship over a minor nor (14) an insane person; because the testator himself does not possess that, so his executor is even less entitled to it.

Section: When he marries on behalf of a minor or an insane person, he accepts the marriage for them, and it is not permissible for him to permit them to accept it themselves, because they are not among the people of disposal (legal capacity). If the boy is ten years old and is discerning (mumayyiz), the analogy of the school is the permissibility of delegating the acceptance to him, so that he may undertake it for himself, just as the matter of a sale is delegated to him, and because he possesses the right to initiate a divorce himself. If the guardian marries on his behalf, it is permissible, just as it is permissible for him to purchase for him; and this is based on the narration that states the validity of his sale and the effect of his divorce. And if we say: That is not valid from him, then this is all the more appropriate.