the Prophet (peace be upon him): "The orphan girl shall be consulted regarding herself; if (9) she remains silent, that is her permission, but if she refuses, then there is no authority over her." Reported by Abu Dawud and al-Nasa'i (10). Ibn Umar (11) reported that Qudama ibn Maz'un married off his brother Uthman's daughter to Ibn Umar. This was brought to the attention of the Prophet (peace be upon him), and he said: "She is an orphan, and she may not be married except with her permission" (13). The 'orphan girl' is the minor whose father has died. Furthermore, because someone other than the father lacks the [same degree of] affection, he does not have the authority to contract the marriage of a minor (14), just like a stranger. Also, the grandfather does not have authority over her wealth, so he may not act independently in contracting her marriage, just like a stranger. Moreover, the grandfather derives (15) his authority from someone else, so he is like other agnates, and he differs from the father; for the father derives authority without an intermediary, and he causes the siblings and the grandfather to be excluded, and he blocks the mother from a third of the wealth to a third of the remainder in the case of a spouse and parents or a wife and parents. The verse is to be interpreted as referring to the adult woman based on the evidence of the saying
= man may marry more than four..., and the Chapter of If the Guardian is the Suitor..., and the Chapter of Marrying the Orphan Girl..., from the Book of Marriage; and in: The Chapter of What is Forbidden of Trickery for the Guardian regarding the Orphan Girl..., from the Book of Ruses. Sahih al-Bukhari 3/183, 4/11, 6/53, 54, 7/3, 10, 11, 21, 23, 24, 9/31. Muslim, in: The Book of Tafsir, Sahih Muslim 4/2313, 2314. It was also reported by Abu Dawud, in: The Chapter of What is Disliked of Combining Among Women, from the Book of Marriage. Sunan Abi Dawud 1/477. And al-Nasa'i, in: The Chapter of Justice in Dowries, from the Book of Marriage. Al-Mujtaba 6/95. (9) In B and M: "wa in" (and if). (10) Reported by Abu Dawud, in: The Chapter of Consulting, from the Book of Marriage. Sunan Abi Dawud 1/483. And al-Nasa'i, in: The Chapter of Asking the Virgin for Permission regarding Herself, and The Chapter of the Virgin Married by her Father while she is Reluctant, from the Book of Marriage. Al-Mujtaba 6/69, 72. It was also reported by al-Tirmidhi, in: The Book of What Has Been Said regarding Compelling the Orphan Girl into Marriage, from the Chapters of Marriage. 'Aridat al-Ahwadhi 5/29. And al-Darimi, in: The Chapter of the Orphan Girl Marrying Herself, from the Book of Marriage. Sunan al-Darimi 2/138. And Imam Ahmad, in: Al-Musnad 1/261, 334, 2/259, 475, 4/394, 408, 411. (11) In M: addition of "an" (from). (12) In the original: "fala" (then not). (13) Reported by al-Hakim, in: The Chapter of Do Not Marry Off Women Until You Consult Them, from the Book of Marriage. Al-Mustadrak 2/167. And al-Daraqutni, in: The Book of Marriage. Sunan al-Daraqutni 3/230. And al-Bayhaqi, in: The Chapter of What Has Been Said regarding the Marriage of the Orphan Girl, from the Book of Marriage. Al-Sunan al-Kubra 7/120, 121. And Imam Ahmad, in: Al-Musnad 2/130. (14) In M: "al-saghirah" (the minor). (15) In M: "yali" (he acts as guardian).
