if the woman claimed that she had given permission and the husband's heirs denied it, the statement is hers; because it is a disagreement over a matter exclusive (35) to her, originating from her side, so the statement is hers regarding it, just as if they disagreed over her intention in matters where her intention is considered. Furthermore, because she claims the validity of the contract, while they claim its corruption, the manifest situation is with her.

Section: Regarding the insane woman, if she is of the type who would be forced into marriage were she sane, it is permissible for someone who has the right of compulsion over her to marry her off; because if he has the right of compulsion over her while she is sane and resisting, then he has a greater right in the absence of that. If she is of the type who would not be forced, she is divided into three categories: The first is that her guardian is the father or his executor, similar to an adult previously married woman (thayyib); for such a woman, it is permissible for her guardian to marry her off. This was mentioned by al-Qadi, and it is the apparent view in the speech of al-Khiraqi; for he granted the father the right to marry off the mentally deficient person, and the woman has a greater right to this. This is the opinion of al-Shafi'i and Abu Hanifah. Abu Bakr forbade it, because it is a guardianship of compulsion, and there is no guardianship of compulsion over a thayyib. The first view is more correct; for the guardianship of compulsion was only negated in the case of a sane woman due to her own judgment, because of the actualized experience (36) and discernment (37) she possesses, and this case is contrary to that. The same ruling applies to a minor thayyib, if we posit that there is no compulsion in her case, provided she were sane.

The second category is that her guardian is the ruler (al-hakim), and there are two opinions regarding her: One is that he has no right to marry her off under any circumstances; because this is a guardianship of compulsion, and it is not established for anyone other than the father, just as in the case (38) of her being sane. The second is that he has the right to marry her off if she shows a craving for men, whether she is an adult or a minor. This is the choice of Ibn Hamid and Abu al-Khattab, and the opinion of Abu Hanifah; because she has a need for it to ward off the harm of desire, to protect her from immorality, to obtain a dowry and support, to achieve chastity, and to preserve her honor, and there is no way to obtain her permission, so her marriage is permitted, like the thayyib with her father. Likewise, he ought to have the right to marry her off if medical experts say that her ailment would be cured by her marriage (39); because that is one of her greatest interests. Al-Shafi'i said: He does not have the right to marry off a minor in any condition, but he does have the right to marry off an adult if medical experts say her ailment would be cured by her marriage (39). Our evidence is that the meaning that permits the marriage is found in the case of