has no meaning, for marriage is valid without possession. Furthermore, it has no basis upon which to be measured, and it is invalidated like all other invalid marriages.
Section: If the guardians are equal in degree, such as brothers and their sons, or paternal uncles and their sons, it is preferable to give precedence to the eldest and most virtuous among them. This is because when Muhayyisa, Huwayyisa, and 'Abd al-Rahman ibn Sahl approached the Prophet (peace and blessings of Allah be upon him), and 'Abd al-Rahman ibn Sahl—who was the youngest of them—spoke, the Prophet (peace and blessings of Allah be upon him) said: "Let the elder speak, let the elder speak," meaning: present the elder, [present the elder], so Huwayyisa spoke. If they dispute and do not present the eldest, lots should be drawn between them, because their right is equal in terms of kinship, and the Prophet (peace and blessings of Allah be upon him) used to draw lots between his wives when he intended to travel, due to the equality of their rights. The same applies here. If one of them acts quickly and marries her off to a suitable match with the woman's permission, it is valid, even if he is the youngest or the one with less standing to whom the lot did not fall, because it is a marriage issued by a guardian with full guardianship authority, with the permission of the woman under his care, so it is valid, just as if he were acting alone; the drawing of lots is only to resolve the dispute.
(7) In the original: "like the rest of". (8) Omitted from: the original, B. (9) Extracted by Muslim, in: The Chapter on Qasama, from The Book of Qasama, Sahih Muslim 3/1291, 1292. And Abu Dawud, in: The Chapter on Killing by Qasama, and The Chapter on Abandoning Retaliation (Qawad) in Qasama, from The Book of Blood-Money (Diyat). Sunan Abi Dawud 2/485, 486. And al-Nasa'i, in: The Chapter on Prioritizing the Kin of the Slain in Qasama, and The Chapter on Mentioning the Difference in the Wording of the Transmitters of the Report of Sahl therein, from The Book of Qasama. al-Mujtaba 8/6-12. And Ibn Majah, in: The Chapter on Qasama, from The Book of Blood-Money. Sunan Ibn Majah 2/892, 893. And Imam Ahmad, in: al-Musnad 2/4. (10) In M: "travel". (11) Extracted by al-Bukhari, in: The Chapter on a Woman's Gift to Other than Her Husband..., from The Book of Gifts, and in: The Chapter on Women Vouching for One Another, from The Book of Testimonies, and in: The Chapter on a Man Carrying His Wife on a Military Expedition without Some of His Other Wives, from The Book of Jihad, and in: The Chapter on the Hadith of the Slander (Ifk), from The Book of Military Expeditions (Maghazi), and in: The Chapter on Drawing Lots Between Wives When He Intends to Travel, from The Book of Marriage. Sahih al-Bukhari 3/208, 227, 4/60, 5/148, 149, 7/43. And Muslim, in: The Chapter on the Virtue of 'A'isha, may Allah be pleased with her, from The Book of the Virtues of the Companions, and in: The Chapter on the Hadith of the Slander and Accepting the Repentance of the Accuser, from The Book of Repentance. Sahih Muslim 4/1894, 2130. And Ibn Majah, in: The Chapter on Division Between Wives, from The Book of Marriage, and in: The Chapter on Judging by Drawing Lots, from The Book of Judgments. Sunan Ibn Majah 1/633, 2/786. And al-Darimi, in: The Chapter on a Man Who Has Multiple Wives, from The Book of Marriage, and in: The Chapter on the Prophet, may Allah bless him and grant him peace, Going Out with Some of His Wives on a Military Expedition, from The Book of Jihad. Sunan al-Darimi 2/144, 211. And Imam Ahmad, in: al-Musnad 6/114, 117, 197, 269.
