young? He said: And whoever says he was young, there is no evidence for it. Furthermore, because he is a competent (adl) agnate (asaba) of hers, the guardianship for her marriage is established for him just like his brother. Their statement that he is not a match (munasib) for her is refuted by the cases of the judge and the patron (mawla). And their statement that his nature would be averse to marrying her off, we say: this is countered in the secondary case (far') and has no basis (asl). Furthermore, it is refuted by the case when he is a paternal cousin, a patron, or a judge. Once this is established, he is prioritized over the brother and those after him without any disagreement that we know of among those who affirm his guardianship, because he is stronger in agnation (ta'sib) than him, and they are equal in not being of the same progeny.

1103 - Issue; He said: "Then her brother from her father and mother."

There is no disagreement among the people of knowledge regarding the prioritization of the brother after the two axes of lineage, because he is the closest of the agnates after them; he is the son of the father, the strongest of them in agnation, and the most entitled of them to inheritance.

1104 - Issue; He said: "And the brother from the father is like him."

There is a difference of opinion narrated from Ahmad regarding the brother from both parents and the brother from the father when they both exist. The well-known view from him is that they are equal in guardianship. Abu Thawr held this view, as did al-Shafi'i in his earlier (qadim) opinion, because they are equal in their claim through the side from which agnation is derived, which is the side of the father. Therefore, they are equal in guardianship, just as if they were both from the same father, and the other is only preferred in inheritance because of the mother's side, which has no place in guardianship, so he is not preferred by it, like two paternal uncles where one is a maternal uncle, or two sons of a paternal uncle where one is a brother through the mother. The second narration is that the brother from both parents is more entitled. Abu Bakr chose this, and this is the opinion of Abu Hanifa, Malik, and al-Shafi'i in his later (jadid) opinion. It is the correct one, if Allah Almighty wills, because it is a right derived through agnation, so the brother from both parents is prioritized in it, like inheritance and like the entitlement to inheritance by patronage (wala'), for women have no role in that, and the brother from both parents has been prioritized in it. By this, what we mentioned for the first narration is refuted. Such is the disagreement regarding...