he fulfilled his debt that is due when his guardian refuses to collect it. As for if he marries without need, it is not valid. If he has intercourse with the wife, he owes the dowry of a peer (mahr al-mithl) (30); because he has damaged her modesty through a resemblance of right (shubha), so he is liable for the compensation of what he damaged, just as if he had damaged her property.

Section: No one other than the father has the right to divorce the wife of the person under his guardianship, regardless of whether that person is someone who possesses the authority to marry her off, such as the father's executor or the judge according to the opinion of Ibn Hamid, or does not possess it. We know of no disagreement regarding this. As for the father, when he marries off his minor son or insane son, Ahmad has spoken regarding two men, one of whom marries his son to the daughter of the other, while they are both minors, then the parents dislike it; do they have the right to annul it? He said: There is a difference of opinion regarding this. It is as if (31) he considered it [permissible]. Abu Bakr said: No narration from Abu Abd Allah has reached me regarding this issue except this one, so it is derived from two opinions. One of them is that he possesses that right; this is the view of Ata and Qatada, because it is a guardianship through which he gains the ownership of the modesty, so it is permissible that he may through it possess the ability to remove it when he is not accused [of wrongdoing], just as the judge possesses the right of divorce over the minor and the insane person in cases of insolvency (32). The second opinion is that he does not possess that right; this is the opinion of Abu Hanifa, Malik, and al-Shafi'i, due to the saying of the Prophet (peace and blessings be upon him): "Divorce belongs only to the one who takes hold of the shin" (33). Furthermore, he does not own the modesty, so he does not possess the right of divorce himself, just like the father's executor and the judge, and like the master who marries off his minor slave. Through these principles, the evidence for the first opinion is refuted.

Section: If the wife of the insane person claims his impotence ('unna), no period shall be set for him, because it is not established except by the husband's admission, and there is no legal effect to his admission. If he admitted to the impotence while he was of sound mind, and a period was set for him, then he became insane, the period expired, and the wife demanded an annulment, it shall not be annulled; for if she were a non-virgin (thayyib), the word would be his. If she were a virgin and he claimed she prevented herself from him, or that he (34) had intercourse with her and her virginity returned, then he has