Marrying the orphan girl before puberty
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, is it permissible to force an orphan girl to marry if she is below the age of puberty?
The Shaykh:
And her father, yes, it is permissible for her father to call this compulsion; this is what is called compulsion, because she is a minor. It is permissible for her father to marry her to a man who is suitable for her, and this is not compulsion, but rather it is good choice for her. Abu Bakr al-Siddiq (may Allah be pleased with him) married Aishah to the Messenger (peace and blessings be upon him) when she was six years old, before the age of discernment, because her interest lay in this. So if the father sees that his daughter’s interest lies in marrying this man, he marries her, and she has no opinion in the matter because she has not reached puberty. Yes.
The questioner:
Honorable Shaykh.
The Shaykh:
And the one who has not reached puberty, his guardian takes his place in choosing for him and acting on his behalf. Just as he sells his wealth so that it grows and profits, so he marries the minor for his interest in this, and the opportunity has not passed for him. Yes.
Honorable Shaykh, is it permissible to force an orphan girl to marry if she is below the age of puberty?
The Shaykh:
And her father, yes, it is permissible for her father to call this compulsion; this is what is called compulsion, because she is a minor. It is permissible for her father to marry her to a man who is suitable for her, and this is not compulsion, but rather it is good choice for her. Abu Bakr al-Siddiq (may Allah be pleased with him) married Aishah to the Messenger (peace and blessings be upon him) when she was six years old, before the age of discernment, because her interest lay in this. So if the father sees that his daughter’s interest lies in marrying this man, he marries her, and she has no opinion in the matter because she has not reached puberty. Yes.
The questioner:
Honorable Shaykh.
The Shaykh:
And the one who has not reached puberty, his guardian takes his place in choosing for him and acting on his behalf. Just as he sells his wealth so that it grows and profits, so he marries the minor for his interest in this, and the opportunity has not passed for him. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع كتاب النكاح - 3 — islamhouse.com (1:09:50)
The Arabic text is a machine transcription of the audio recording.