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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 376Section

Translation · EN

marrying her to anyone else. The purport of his statement, peace be upon him, "The Sultan is the guardian of the one who has no guardian," implies that he has no guardianship over this [woman].

Section: If she grants him permission to marry her off, without specifying the groom, it is not permissible for him to marry her to himself; because the general permission implies marrying her to someone else. It is permissible to marry her to his son, because he is someone else. If he marries her to his adult son, the son accepts on his own behalf. If he marries her to his minor son, the two narrations regarding overseeing both sides of the contract apply. If we say: he does not oversee both sides, and he appoints a man to marry her to his son, while he himself accepts the marriage for him, this requires her permission to the agent, based on what we have previously established that the agent does not marry her off except with her permission. If he appoints a man to accept the marriage for his son, and he [the father] handles the offer of marriage, he does not need her permission; because she has already granted it to him.

Section: If he marries his slave woman to his young male slave, it is permissible for him to oversee both sides of the contract; because he owns that by right of ownership, not by right of permission, according to all of them. If he is the owner of one side of the contract and the owner of the other side appoints him as an agent for it, or the guardian appoints him as an agent for the offer and the groom [appoints him] for the acceptance, two perspectives are derived regarding this, based on the two narrations; because he [then] owns that by [virtue of] permission. If he marries his adult daughter to his young male slave, it is not permissible except with her consent; because he is not her equal, so two perspectives are also derived regarding this. If he marries her to his minor daughter, it is not permissible; because it is not permissible for him

Notes

(22) Its verification has been provided earlier in: 5/88, and on page 345. (23) In the original and B: "in". (24) In B: "marry". (25) Omitted from M. (26) Omitted from the original. (27) In the original: "property". (28) The 'wa' (and) is omitted from M. (29) In M: "the adult". (30) In M, an addition: "come close".

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