does not entail the permissibility of paying it to him, for if he were to have recourse against her, she would have recourse against the slave, and her right would be attached to his person, which is the property of the master; thus, there is no benefit in her having recourse against her for that which she would have recourse against his wealth. If she delivers the compensation to the legally incompetent person, she is not absolved. If the guardian takes it from him, she is absolved. If he dissipates it, or it is destroyed, his guardian has the right to have recourse against her for it.

Section: Ahmad expressed hesitation regarding a father divorcing the wife of his minor son, or performing Khul' on her. Abu al-Saqr asked him about that, and he said: "There is disagreement regarding it," as if he approved of it. Abu Bakr said: Nothing has reached me regarding this issue except what Abu al-Saqr narrated, so it may be deduced based on two opinions: One of them is that he possesses the authority for that, which is the view of 'Ata' and Qatadah, because Ibn 'Umar divorced a wife of his son who was mentally deficient (ma'tuh). This was narrated by Imam Ahmad. It is also narrated from 'Abd Allah ibn 'Amr that if a mentally deficient person engages in relations with his wife, his guardian may divorce her on his behalf. 'Amr ibn Shu'ayb said: We found this in the book of 'Abd Allah ibn 'Amr. This is also because it is valid for him to marry her off on his behalf, so it is valid for him to divorce her, provided he is not biased, just as a judge annuls a marriage due to insolvency or marries off a minor. The other opinion is that he does not possess that authority, which is the view of Abu Hanifah and al-Shafi'i, because the Prophet (peace and blessings of Allah be upon him) said: "Divorce belongs to the one who takes hold of the shank." Narrated by Ibn Majah. It is also narrated from 'Umar that he said: "Divorce is only in the hands of the one who has lawful sexual access to the vulva." This is also because it is the dropping of his right, so he does not possess the authority for it, similar to absolving a debt or dropping a right of retaliation (qisas). Furthermore, its path is driven by desire, so it does not fall under guardianship (wilayah). The ruling regarding the wife of his minor slave is the same as the ruling regarding the wife of his minor father; because it is in the same meaning.