"If the adult woman consents to a castrated man or an impotent man, she is not prevented, but she is prevented from a madman, a leper, and a leprosy patient"
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The Shaykh :"If the adult woman consents" And what do we mean by this? We mean the adult, sane, free woman, because it was previously established that a minor or a slave woman is not married to a defective man in any case. If the adult, sane, free woman consents to a castrated man or an impotent man, she is not prevented. Why? Because the right to sexual intercourse belongs to her. So if she consents to a castrated man who cannot have sexual intercourse, that is her right, and we do not prevent her. If, for example, her father says, "I want you to have sons and daughters," and she says, "That is not my concern; I want this husband, either for his knowledge, his wealth, his character, or something else, and he cannot have sexual intercourse, but I say, 'I do not want sexual intercourse; I want to be connected to this person whom I am pleased with.'" Does he prevent her or not?
The questioner : ... .
The Shaykh : He does not prevent her. Why? Because the right to sexual intercourse belongs to her. So if she consents to a husband who does not have sexual intercourse, that is her right.
And his saying "a castrated man or an impotent man" the difference between them is that the castrated man has no penis, it is cut off, and it is like him if his penis is small and he cannot reach sexual intercourse with it. As for the impotent man, he has a penis but he cannot have sexual intercourse. And "but she is prevented from a madman, a leper, and a leprosy patient" means that the adult woman is prevented from these three. The madman, why?
The questioner : He harms her.
The Shaykh : Yes, because a madman might kill her. If she says, "I want this madman," a woman, what do you want with a madman? She says, "I want him." Does her father have the right to prevent her from that?
The questioner : Yes.
The Shaykh : Yes, he prevents her because of the harm to her, and perhaps harm to her children in the future as well, if she bears children from him. The leper is likewise; he has the right to prevent her if she says she consents to the leper who has the disease of leprosy, and her guardian says, "No," then he has that right. Why? Because leprosy is a contagious disease, and if she consents to this leper, she is foolish. And Allah the Exalted says[An-Nisa 4:5] If the foolish ones are not given their wealth, then likewise they are not given their souls. The leprosy patient is likewise prevented. If the adult, sane, free woman says she wants the leprosy patient and says, "That is not my concern," we say, "No," because this spreads to the offspring, and this is harm. So the adult, sane, free woman, if she consents to a defective man whose defect does not extend to her or to her offspring, what is the ruling? She is not prevented. And if it extends to her, like leprosy, or to her offspring, like leprosy, and likewise the madman because it extends to her, then she is prevented.
The questioner : ... .
The Shaykh : He does not prevent her. Why? Because the right to sexual intercourse belongs to her. So if she consents to a husband who does not have sexual intercourse, that is her right.
And his saying "a castrated man or an impotent man" the difference between them is that the castrated man has no penis, it is cut off, and it is like him if his penis is small and he cannot reach sexual intercourse with it. As for the impotent man, he has a penis but he cannot have sexual intercourse. And "but she is prevented from a madman, a leper, and a leprosy patient" means that the adult woman is prevented from these three. The madman, why?
The questioner : He harms her.
The Shaykh : Yes, because a madman might kill her. If she says, "I want this madman," a woman, what do you want with a madman? She says, "I want him." Does her father have the right to prevent her from that?
The questioner : Yes.
The Shaykh : Yes, he prevents her because of the harm to her, and perhaps harm to her children in the future as well, if she bears children from him. The leper is likewise; he has the right to prevent her if she says she consents to the leper who has the disease of leprosy, and her guardian says, "No," then he has that right. Why? Because leprosy is a contagious disease, and if she consents to this leper, she is foolish. And Allah the Exalted says
