Chapter: It is valid to delegate the act of marriage by a man marrying off his daughter who is compelled, or a woman granting permission to her guardian to marry her off without a mahr

The Shaykh : We return now to today's lesson on delegation. Delegation is of two types: delegation of the act of marriage and delegation of the mahr. The author explained delegation of the act of marriage by saying, may Allah have mercy on him, "by a man marrying off his daughter who is compelled". So who is the compelled one? According to the school of thought, the virgin is the one her father marries off. Every virgin is married off by her father; her consent is not required, and she is married off by force. People, I do not want the man to say, "It is necessary," and force her while she cries night and day saying, "I do not want him." We say, by force. This is the school of thought. It has been established for us that the stronger opinion is the opposite, and that the wife's consent is necessary, and that this is the explicit text of the hadith and the result of analogical reasoning. As for the hadith, the Prophet (peace and blessings be upon him) said: and Muslim narrated it with the wording: This is an explicit text regarding the virgin and an explicit text regarding the father. Therefore, the author's statement, may Allah have mercy on him, that a man marries off his daughter who is compelled, is based on a weak or a sound opinion? Weak. And so... if we want to establish the issue according to the correct school of thought, that a man marries off his daughter who is compelled, or a woman grants permission to her guardian to marry her off without a mahr, this is delegation of the act of marriage. And according to the stronger opinion, we distinguish and say: a woman granting permission to her guardian to marry her off without a mahr is delegation of the act of marriage. The reason it is delegation of the act of marriage is that the woman delegated her guardian to marry her off without a mahr, so her act of marriage, which is her private parts, becomes delegated. If she says, "Marry me to so-and-so without a mahr, it does not concern me," this becomes delegation of the act of marriage where the man marries the woman without a mahr. The marriage is valid, but is the mahr waived? No, because if we waived the mahr, it would follow that the marriage is a gift, and a marriage as a gift is not valid except for one person only. Who? The Messenger (peace and blessings be upon him). So she must be given the mahr of the like, and it is as if the mahr was not specified. Did you understand? Delegation of the act of marriage is a woman granting permission to her guardian to marry her off without a mahr. And if he does so, she must be given the mahr of the like. The author added that a man marries off his daughter who is compelled, and we removed this. Why did we remove it? Because the stronger opinion is that there is no compulsion, not even for the father. He cannot force his daughter to marry someone she does not want, absolutely not.