What is the ruling if a woman grants permission for her guardian to marry her, but does not specify the groom?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If she grants general permission for her marriage without specifying the groom, it is not permissible for the guardian to marry himself to her, because the general permission implies marrying her to someone other than himself. It is permissible for him to marry her to his son, as the son is considered someone other than himself.
Supporting text
If he marries her to his adult son, this is accepted as being for himself. If he marries her to his young son, the two narrations regarding concluding both sides of the contract apply. If the view is that he cannot conclude both sides, and he appoints a man to marry her to his son, and he himself accepts the marriage for his son, this requires her permission for the agent, based on the established principle that an agent cannot conduct the marriage except with her permission. However, if he appoints a man to accept the marriage on behalf of his son, and he himself provides the offer, her prior permission suffices, as she has already granted him permission.