Can a father revoke a marriage he contracted for his minor or insane son?
General Chapter
Al-Mughni
Book of Marriage
Primary text
There is disagreement regarding whether a father who married his minor or insane son to another's daughter can revoke that marriage when the parents later object. One opinion states that the father can revoke it. This view is held by 'Ata and Qatadah. The basis for this is that the marriage authority grants the power to possess the wife's intimacy (*bid'a*), and thus, it grants the power to dissolve the marriage when the father is not suspected of malpractice, similar to how a judge can divorce a minor or insane person due to inability to provide maintenance.
Supporting text
The second opinion holds that the father cannot revoke the marriage. This view is held by Abu Hanifa, Malik, and Al-Shafi'i. The evidence cited is the Prophet's statement, "Divorce belongs only to the one who grasps the shank (the husband)." Furthermore, since the father does not possess the intimacy himself, he cannot effect divorce directly, analogous to a father's executor or a judge, or a master who marries off his minor slave. These foundational principles invalidate the evidence for the first opinion.