"And the young girl, the insane woman, and the slave woman: none of them is to be married to a man with a defect."
Machine translationRead the Arabic original
The Shaykh : All right, he (may Allah have mercy on him) says: "And the young girl, the insane woman, and the slave woman: none of them is to be married to a man with a defect." The young girl is not to be married to a man with a defect, even if the guardian knows about it, because this is a betrayal of trust. So if the father, for example, knows that the suitor has a defect, such as being unable to have sexual intercourse, he does not marry off the young girl, even if she is his daughter. Why? Because this falls under the category of betraying a trust. Likewise, the young girl and the insane woman are not to be married to a man with a defect. The apparent meaning of the author's words is that this applies even if it is in her interest, such as marrying her to a man who cannot have sexual intercourse. The apparent meaning of the author's words is that she is not to be married. There is room for consideration in this. Rather, it is said that if it is in the interest of the insane woman to be married to this man with a defect, then let us marry her, because the insane woman, as you know, is not desired by everyone. But a man might come, for example, who has a defect and says, "I will enjoy her and be patient with her insanity." So is it in the interest that she not be married?
The questioner : She is married off.
The Shaykh : That she be married; it is in the interest that she be married. And on this basis, there is room for consideration in the author's general statement regarding the insane woman. It is said that the insane woman is to be married to a man with a defect if the defect does not extend to her offspring or cause harm to her. What extends to the offspring is, for example, leprosy, and what extends to harm for her is...
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The Shaykh : I say the insane woman is to be married to a man with a defect, on the condition that there is no harm to her in that and that his defect does not extend to her offspring. All right, is she to be married to a leper?
The questioner : No.
The Shaykh : No, meaning a leper, because this extends to herself. No, it is not; it is harm to herself, since leprosy is a contagious disease. And is she to be married to a leper?
The questioner : She is married off.
The Shaykh : No, because this extends to the offspring. The general rule is that leprosy is hereditary. So on this basis, we say that the insane woman is not as the author stated, that she is not to be married to a man with a defect. Rather, we say that if the interest requires that she be married to a man with a defect, then she is to be married, on the condition that the harm of the defect does not extend to her or to her offspring. An example of what extends to her is leprosy, and an example of what extends to her offspring is leprosy. That is all.
Likewise, he says: "The slave woman is not to be married to a man with a defect." Even if the master says, "This is my slave woman; I will marry her to whomever I want," we say, "No, my brother, this is a trust, so do not marry her to a man with a defect." The apparent meaning of his words is that this applies even if she is an adult and even if she consents to a defect whose harm does not extend. There is room for consideration in this. Rather, if she is an adult and consents to a man with a defect whose harm does not extend to her, the correct view is that it is permissible. Because a person might have a slave woman he does not want or desire, but she is young and seeks marriage. If someone proposes to her and has a defect whose harm does not extend, what prevents us from marrying her? Because she is an adult, sane, and of sound mind, and she consents to this defect. So it becomes clear that there is also a distinction regarding the slave woman, just as there is a distinction regarding the insane woman, according to the stronger opinion.
The questioner : She is married off.
The Shaykh : That she be married; it is in the interest that she be married. And on this basis, there is room for consideration in the author's general statement regarding the insane woman. It is said that the insane woman is to be married to a man with a defect if the defect does not extend to her offspring or cause harm to her. What extends to the offspring is, for example, leprosy, and what extends to harm for her is...
...
The Shaykh : I say the insane woman is to be married to a man with a defect, on the condition that there is no harm to her in that and that his defect does not extend to her offspring. All right, is she to be married to a leper?
The questioner : No.
The Shaykh : No, meaning a leper, because this extends to herself. No, it is not; it is harm to herself, since leprosy is a contagious disease. And is she to be married to a leper?
The questioner : She is married off.
The Shaykh : No, because this extends to the offspring. The general rule is that leprosy is hereditary. So on this basis, we say that the insane woman is not as the author stated, that she is not to be married to a man with a defect. Rather, we say that if the interest requires that she be married to a man with a defect, then she is to be married, on the condition that the harm of the defect does not extend to her or to her offspring. An example of what extends to her is leprosy, and an example of what extends to her offspring is leprosy. That is all.
Likewise, he says: "The slave woman is not to be married to a man with a defect." Even if the master says, "This is my slave woman; I will marry her to whomever I want," we say, "No, my brother, this is a trust, so do not marry her to a man with a defect." The apparent meaning of his words is that this applies even if she is an adult and even if she consents to a defect whose harm does not extend. There is room for consideration in this. Rather, if she is an adult and consents to a man with a defect whose harm does not extend to her, the correct view is that it is permissible. Because a person might have a slave woman he does not want or desire, but she is young and seeks marriage. If someone proposes to her and has a defect whose harm does not extend, what prevents us from marrying her? Because she is an adult, sane, and of sound mind, and she consents to this defect. So it becomes clear that there is also a distinction regarding the slave woman, just as there is a distinction regarding the insane woman, according to the stronger opinion.