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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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"If the guardian of a woman who is compelled to marry consents, or if a woman who is not compelled consents to a Muslim, it is forbidden for anyone else to propose to her."

Machine translationRead the Arabic original
The Shaykh : Then the author said "If the guardian of a woman who is compelled to marry consents, or if a woman who is not compelled consents to a Muslim, it is forbidden for anyone else to propose to her". This means that if a man proposes to a woman and her guardian consents, if she is one who is compelled to marry—and we will explain later, if Allah wills, who is compelled and who is not—but according to the stronger opinion, there is no woman who is compelled to marry. Therefore, the first phrase, "the guardian of a woman who is compelled to marry," does not apply according to the stronger opinion, because no one is compelled. "Or if a woman who is not compelled consents to a Muslim, it is forbidden for anyone else to propose to her", whether explicitly or implicitly. For example, if a man proposes to a woman and the woman consents and her family consents and they are pleased with the man, it is forbidden for anyone else to propose to her. The evidence for this is the saying of the Prophet (peace and blessings be upon him)
none should ask for the hand of a girl who is already engaged to his (Muslim) brother, but one should wait till the first suitor marries her or leaves her. لا يخطب الرجل على خِطبة أخيه حتى ينكح أو يترك
Sahih al-Bukhari 5143, 5144
. Yes, it is not permissible to propose to a woman who is already being proposed to by a brother, because that is an encroachment on the rights of another, and because this breeds enmity and hatred, and because it may lead to the point of killing among ignorant people. Therefore, the Prophet (peace and blessings be upon him) forbade it. But the author says "to a Muslim". If she consents to a non-Muslim, is it forbidden to propose to her or not?

The questioner : No, it is not forbidden.

The Shaykh : The apparent meaning of the author's words is that it is not forbidden. If a non-Muslim man proposes to a woman and she consents, the apparent meaning of the author's words is that there is no harm in proposing to her over his proposal, based on the saying of Allah the Exalted
And a believing slave is better than a polytheist, even though he might please you. ولعبد مؤمن خير من مشرك ولو أعجبكم
[Al-Baqarah 2:221]
and the saying of the Prophet (peace and blessings be upon him)
A man should not propose to a woman to whom his brother has already proposed. لا يخطب الرجل على خِطبة أخيه
Sunan Ibn Majah 1867Sahih (Darussalam)
. A non-Muslim is not your brother. If someone asks, how can a non-Muslim propose? Is a Muslim woman lawful for a disbeliever? No, but we say, a Christian woman. If a Christian man proposes to a Christian woman and she consents, according to the author's words, it is permissible for a Muslim to propose to her over the proposal of this Christian, because that is better for the Christian woman, as a Muslim is better for a Christian woman than a Christian. And regarding the hadith about proposing to a brother's proposal, do you understand? The correct view is that it is not permissible for a Muslim to propose to a woman who is being proposed to by a Christian, because this is among the rights that a Muslim must observe, and because if he proposed over his proposal, it would lead to this Christian killing him, for example, or harming him, or ruining the wife for him. And because this is an insult to Islam, as the Christians believe that Muslims are people who encroach on the rights of people. If someone asks, what is the answer to the verse and the hadith? We say, Allah says
And a believing slave is better than a polytheist ولعبد مؤمن خير من مشرك
[Al-Baqarah 2:221]
. He is addressing the family of the wife, telling them not to marry the polytheist while the believer is present, but He does not permit the believer to propose to a woman who is being proposed to by a polytheist. This is if we say that Christians fall under the name of polytheist here.
Second, we answer regarding the hadith by saying that this is based on the majority, because the majority of Muslims are such that the proposer is what? A Muslim. So, based on the majority, and what is based on the majority has no implication, as is the rule regarding the explicit text and the implication: what is restricted due to the majority has no implication. For this reason, Allah the Exalted did not make an implication for His saying
your step-daughters under your guardianship [born] of your wives unto whom you have gone in وَرَبائِبُكُمُ اللاَّتِي فِي حُجُورِكُمْ مِنْ نِسائِكُمُ اللاَّتِي دَخَلْتُمْ بِهِنَّ
[An-Nisa 4:23]
. Allah did not make an implication for this restriction
under your guardianship اللاتي في حجوركم
[An-Nisa 4:23]
. He did not make it have an implication, so the stepdaughter is forbidden whether she is in the custody of her mother's husband or not. The evidence that Allah did not make it have an implication is that He said
and your step-daughters under your guardianship [born] of your wives unto whom you have gone in. But if you have not gone in unto them, there is no sin upon you. وَرَبائِبُكُمُ اللاَّتِي فِي حُجُورِكُمْ مِنْ نِسائِكُمُ اللاَّتِي دَخَلْتُمْ بِهِنَّ فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلا جُناحَ عَلَيْكُمْ
[An-Nisa 4:23]
and did not say, "And if your stepdaughters are not in your custody, there is no blame on you," because this restriction is based on what?

The questioner : The majority.

The Shaykh : On the majority. And a restriction that is based on the majority has no implication. Therefore, the correct view is that it is not permissible to propose to a woman who is being proposed to by a Muslim, nor to a woman who is being proposed to by a disbeliever if he has a treaty and protection.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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