Thus, it is not appropriate for him to force her to marry someone she does not approve of. If she accepts him, then subsequently retracts the acceptance and dislikes him, the ruling of the acceptance ceases, because she has the right of retraction. Similarly, if the guardian who has the power of compulsion retracts his acceptance, its ruling ceases, because he has the discretion in the affairs of the one under his guardianship, as long as the marriage contract has not been concluded. If neither she nor her guardian retracts, but the suitor abandons the proposal, or grants permission for it, then proposing to her is permitted, according to what was narrated in the hadith of Ibn Umar, from the Prophet (peace and blessings of Allah be upon him), that he forbade a man to propose over the proposal of his brother, until he grants permission or abandons it. Narrated by al-Bukhari.
Section: A man proposing over the proposal of his brother in the forbidden situation is unlawful. Ahmad said: It is not permissible for anyone to propose in this state. Abu Hafs al-Ukbari said: It is disliked but not unlawful, and this is a prohibition of moral instruction, not prohibition [of illegality]. Our evidence is the apparent meaning of the prohibition, for its requirement is unlawfulness, and because it is a prohibition against harming a protected human being; thus, it is deemed unlawful, like the prohibition against consuming his wealth or shedding his blood. However, if he does so, the marriage is valid. Ahmad stated this explicitly, saying: There is no separation between them. This is also the view of al-Shafi'i. It is narrated from Malik and Dawud that it is not valid. This is the reasoning of Abu Bakr's position; for he said regarding selling over the sale of one's brother: It is void. This case is of similar meaning, and the point is that it is a forbidden marriage, thus it is void like the shighar (muta marriage/exchange) marriage. Our response is that the prohibited element did not accompany the contract, so it had no effect on it, just as if one were to explicitly propose during the waiting period (idda).
(13) In B and M: "ma" (that which). (14) In the original and B: "ajabat" (she accepted). (15) In M: "wa lakin" (but). (16) In M, there is an addition: "lahu" (for him). (17) In M: "Abu Ja'far." It preceded in 1/141. (18) In B: "tafriq" (separation). (19) In A and B: "wa hadha" (and this). (20) In B and M: "yufariq" (it does not separate/affect).
