Section: The Qadi mentioned that it is not permissible for him to marry them off with an amount exceeding the mahr al-mithl (standard dowry), because it is an exchange of value concerning the right of another party; therefore, an increase in it beyond the equivalent of the standard dowry is not permissible, similar to the sale of their property. This is the school of al-Shafi'i. We have already mentioned that it is permissible for the father to marry off his daughter for less than her standard dowry, and this is similar to that, for he may see an interest in it, so it is permissible for him to expend wealth in it, just as it is permissible in his medical treatment (15). Indeed, permissibility here is more appropriate, for it is often the case that a woman will not consent to marry an insane person unless she is enticed by an amount exceeding her standard dowry, making it impossible to attain without that, unlike the case of a woman. The Qadi mentioned in "al-Mujarrad" that the analogy of the school is that he should not marry him off to more than one woman, due to the lack of his need for an increase over her, so it would be an expenditure of his wealth on something he has no need for. He mentioned in "al-Jami'" that it is permissible for him to marry his minor son to four; because he may see an interest in that. He does not have the right to marry him off to someone with a defect that would make the marriage returnable, because that causes harm to him [and a dissipation of his wealth] (16) in something in which there is no interest for him. If he does so, there are two views regarding the validity of the marriage. If we say: It is valid. Does the guardian have the right to annul it immediately? There are two views, the elaboration of which has already passed regarding the marriage of a minor female to someone with a defect. Whenever it is not annulled until the boy reaches maturity or the insane person becomes sane, then both have the right to annul it. It is not permissible for him to marry him off to a slave woman, because permitting it is conditional upon the fear of hardship (anata), which is non-existent in the case of the minor, though not non-existent (17) in the case of the insane person.
Section: When he marries off his son, the dowry becomes attached to the liability of the son, whether he is wealthy or insolvent; because it is a contract for the son, so it is upon him to pay it, like the price of a sold item. Does the father guarantee it? There are two narrations: One of them is that he does guarantee it. He explicitly stated this, saying: The father's marriage of his minor son is permissible, and the father guarantees the dowry; because he has committed to the consideration on his behalf, so he has guaranteed it, just as if he had verbalized the guarantee. The other is that he does not guarantee it; because it is a contract of exchange in which he acted as a representative for another, so he does not guarantee its consideration, like the price of his sold item, or like an agent. The Qadi said: This is the more correct view. He said: The two narrations only apply when the son (18)
(15) In M: "mudawatihi". (16) In the original and A: "wa tafwiyat malihi". (17) In the original and B: "ma'lum". (18) Omitted from A and M.