al-Zuhri, Qatada, Malik, al-Thawri, al-Awza'i, Ishaq, al-Shafi'i, and the scholars of opinion (ashab al-ra'y), because it was narrated that Ibn Umar married off his son while he was a minor, and they both disputed (4) before Zayd, and he approved it (5) for both of them. Al-Athram narrated it with his chain of narration (6). As for the mentally deficient boy, his father has the right to marry him off. Al-Shafi'i said: It is not permissible, because by marrying him off, he binds him (7) to obligations such as the dowry and maintenance, despite his lack of need, so it is not permissible for him, just like other guardians. Our argument is that he is not a pubescent, so his father has the right to marry him off, like a sane boy. And because if it is permissible (8) to marry off the sane boy, even though he has, at (9) the time of his need for marriage, an opinion and consideration for himself, then it is more appropriate that it be permissible to marry off one from whom such is not expected. And he differs from one other than the father, for he does not have the right to marry off a sane person. As for the adult mentally deficient person, the apparent opinion of Ahmad and al-Khiraqi is that the father has the right to marry him off, whether signs of desire are apparent or not. Al-Qadi said: It is only permissible to marry him off if signs of desire appear from him, such as following women and the like. This is the school of al-Shafi'i, because in marrying him off despite his lack of need, there is harm to him by binding him to obligations in which he has no interest. Abu Bakr said: The father has no right to marry him off under any circumstances, because he is a man, so it is not permissible to compel him to marry, just like a sane person. Zufar said: If insanity occurs to him after puberty, it is not permissible to marry him off, but if it is persistent, it is permissible. Our argument is that he is not morally responsible (mukallaf), so it is permissible for his father to marry him off, like a young child. For if it is permissible to marry off a young child, despite his lack of need at the time, and the expectation of his consideration when the need arises, then it is more appropriate here. Our argument for the parity between the occurring and the persistent [insanity] is that it is a condition that establishes guardianship, so its occurring [form] and its persistent [form] are equal, just like slavery. And because it is insanity that establishes guardianship over his property, so it establishes it over him regarding his marriage (10), just like the persistent [form]. As for considering the need, it is essential, for it is not permissible for his guardian