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the man went on marrying ten women in succession with their consent, then the first four would be valid and the others invalid. Again if by one contract he married four women, the marriage would be lawful as regards all four; but if by one contract he married more than four, then the marriage would be void as regards all the women). (But see Futawai Alamgiree, Vol. I, page 422, lines 17 and 18, where it is stated that if a man who, acting as a Fuzoolee, gives in marriage to another without his consent five women by different contracts, then the husband is at liberty to accept any four and reject the fifth.)

1018. (118). A female slave marries without the permission of her master, who afterwards (without having permitted or sanctioned the marriage) sells her: the purchaser then permits the marriage; if the husband has had intercourse (before this purchase) then the permission of the purchaser is valid, but if he has not had sexual intercourse the permission of the purchaser is not valid: because if the husband has not had sexual intercourse with the female slave, the female slave is lawful to the purchaser, by reason of ownership, and (Hill-i-bat, that is) present lawfulness (the slave girl being at present lawful to the purchaser) when it is superimposed over (Hill-i-moukoof that is) lawfulness which is dependent (the slave girl being lawful to the husband if permitted by the master), renders the second lawfulness void. But if the husband has had sexual intercourse with the female slave, it becomes obligatory on her to observe iddut on account of this intercourse (in the event of separation taking place); therefore her person is not lawful to the purchaser, and his permission is valid (that is, as soon as the purchaser purchased her, she became lawful to him, and her previous marriage became annulled; and therefore there. was no marriage which could be ratified by permission of the purchaser).

1019. (119). And the same rule holds good in the case of a female slave who marries without the permission of her master, and the master dies without having given permission, and the heir permits (or ratifies) her marriage if the master or the female slave's husband has had sexual intercourse with her, the heir's permission is valid, because she is (in that case) not lawful to the heir: but if the master or the husband has not had sexual intercourse with her, the heir's permission is not valid, because the heir becomes her owner by the death of her master and she is lawful to the heir; therefore the marriage being dependent (on permission) becomes void.

1020. (120). An Oomm-i-Wulud (a female slave who has given birth

to a child by her master) marries without the permission of her master: (the marriage being in consequence void) the master then sets her free: if the husband has not had sexual intercourse before her freedom, the marriage will not be valid by reason of the death of the master; because the idduț of freedom is obligatory on her, and this iddut prevents the marriage becoming operative: but if the husband has had intercourse before her freedom, the marriage will become valid by reason of the death of the master, because the iddut of the husband (i. e., iddut would have been necessary in consequence of the husband having had sexual intercourse in order to legalise her subsequent connection by marriage the first marriage having been fasid) prevents the iddut of freedom becoming obligatory.

1021. (121). A female Mookatub (a slave who is to get her freedom on earning a certain amount for her master within a fixed time) marries without the permission of her master: the master then dies (before she has earned her freedom): the heir then permits her marriage; this permission is valid, because she is not inherited (as property): her marriage therefore becomes operative by the permission of the heir.

1022. (122). The guardian of a minor boy or minor girl says, “I married the minor boy or the minor girl (as the case may be) yesterday: his allegation shall not, according to Aboo Haneefa, be accepted except on proof (the word in the original is byyuna, which means oral evidence) or on being confirmed by the minor after attaining majority and so also the admission of the master of the slave regarding the marriage (of the slave) shall not be accepted except on proof (or on confirmation by the slave): and so also the Vakeel of the woman and the Vakeel of the man (shall not be heard, when the Vakeel claims to have given him or her in marriage except on proof or on confirmation by the woman herself or the man himself). And Aboo Haneefa's disciples (Mahomed and Aboo Yusoof) have held that the same (i.e., the allegation of the guardian, or of the master, or of the Vakeel) shall be accepted.

And the master of the slave girl shall be accepted by the concurrence of all (three, that is, when the master alleges that he has given the slave girl in marriage, his word shall be accepted without any difference amongst Aboo Haneefa and his disciples).

And (there being no difference in the above rule) there is a difference among the learned where (or in what matter, or in what precise way) the difference (between Aboo Haneefa and his disciples) exists (as regards

the rule in the cases mentioned before the last case above-mentioned). It is said that the difference (between Aboo Haneefa and his disciples) exists where the minor, after attaining majority, denies the marriage, whilst the guardian admits (or alleges) the marriage: but if the guardian admits the marriage whilst the boy or girl is still a minor, the guardian's admission is valid (that is, according to some, the difference between Aboo Haneefa and his disciples is only when the case arises after majority, and not when it arises during minority; because during minority the guardian's admission is binding without a difference, and the minor's admission or denial is of no avail on account of the disability arising from minority). But the correct view is, that the difference (between Aboo Haneefa and his disciples) exists where the guardian (that is, of the minor boy and the minor girl) admits (the marriage) whilst they are minors, but the minor boy or the minor girl denies the marriage after attaining majority; then (in this case the question is, whether the admission of the guardian is to be accepted) the admission of the guardian will not be accepted (according to Aboo Haneefa, whilst according to his disciples it shall be accepted). And (in the case of the male slave mentioned above) if the slave denies (the marriage) whether (the denial is) before freedom is obtained or after it, the admission of the master (that he has given the slave in marriage) shall not be valid as against the slave according to Aboo Haneefa on whom be peace (whilst according to his disciples it shall be accepted).

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1023. (123). And silence of a virgin (i. e., a woman who has not been before married) is held to be consent, when the guardian asks for her consent before marriage and so also (her silence is consent) when the guardian has given her in marriage and then gives her information of the fact so also (her silence amounts to consent) when the guardian sends a messenger to her either to ask for her consent (to the marriage) or to give her information (of the marriage).

1024. (124). And in the matter of messenger (in the case last mentioned where the guardian sends a messenger) the number, or the quality of being just, is not a condition (that is, it is not necessary that the messenger sent by the guardian should be more than one, or that he should be righteous or just): but if the information is conveyed by a Fazoolee (stranger or volunteer), then number is necessary as also the quality of being just (or righteous); (that is, the condition is, that there should be more than one, and that they should be just and righteous).

1025. (125). And the silence of a Syeeba (a married woman whether she has had intercourse or not) does not amount to consent (in regard to her second marriage): but if she has become a Syeeba (one who has lost her virginity) by jumping or by excessive use of pieces of earth in purifying herself after urinating, or by reason of advance of age, then her silence is consent (because not having been married before, she is to all intents and purposes a Bakira or virgin) and so also (her silence is consent) if she (not having been married before) becomes a Syeeba (i. e., looses her virginity) by reason of Zina (or whoredom) according to Aboo Haneefa, on whom be peace and if she becomes a Syeeba (or looses her virginity) by reason of intercourse on account of marriage or on account of doubt in marriage (that is, doubtful marriage, e. g., where the marriage takes place without witnesses) or on account of being the property of another, then her silence will not be consent (because here she is in reality a Syeeba): and if her husband has met her (that is, if there has been Khilwut Suheeh or proper meeting, that is to say, valid retirement) and then separation has taken place between them, and the woman says, "My husband has not had intercourse with me," she shall be given in marriage in the same way as virgins are married (that is, in regard to consent and other matters, she shall be treated as a virgin, and the rules relating to virgins shall apply to her).

1026. (126). And if she (a virgin) has been given in marriage by a distant guardian (that is, when a nearer guardian is present) and she comes to know of the marriage, and keeps quiet, then her silence will not amount to consent, when the near guardian is not absent in a way so that his absence might be called Ghybut Moonkutaiá (or absence which prevents communication between her and the near guardian; that is, if the near guardian is not at hand in the way abovementioned, and the distant guardian has, in consequence, given her in marriage, then her silence amounts to consent: not otherwise).

1027. (127). And if the father of a virgin (or Bakira who has not been given in marriage whether she has had connexion or not) is a slave, and she has been given in marriage by her brother who is a free man, and then she comes to know of the marriage and keeps quiet, her silence is consent (because the father being the property of another has not the capacity to become a guardian. See Futawai Alumgiree, Vol. I, p. 400, line 21 and consequently the brother is the near guardian).

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1028. (128.) And the Kazee, in the event of there being no guardian (of a woman) is in effect the guardian in matters of marriage.

1029. (129). If the guardian gives a Syeeba (one who has been already married whether she has had intercourse or not) in marriage, and she in her mind approves of the marriage but does not express her approval by word of mouth, she is at liberty afterwards to repudiate the marriage, and her mental approval will not be taken into consideration. In the case of a Syeeba, what is to be taken into consideration is her consent only when expressed in words or acts which denote consent, for instance (her Tumkeen or) offering no obstacle to the husband having intercourse with her, or asking for her dower or accepting her dower; but her acceptance of a present does not come within acts which denote consent.

1030. (130). And so also in the case of a male, who has attained majority (that is, if an adult male has been given in marriage, the same rules as to consent apply in his case as have been set forth above, that is, a mere mental acceptance of the marriage is not sufficient; on the other hand, the consent must be given by word of mouth or expressed in acts which denote consent).

1031. (131). When witnesses question a woman (who is a virgin) who has attained puberty, regarding her consent to (the proposed) marriage without seeing her face, and she keeps quiet, and does not refuse her consent to the (proposed) marriage, the marriage shall be valid as between God and man, (the marriage shall be binding morally as far as the Kazee is concerned). And if the woman (subsequently, that is, after the marriage) denies her consent (having kept quiet when asked by the witnesses and the marriage having consequently taken place), it is not allowable to the witnesses to give evidence that she had consented unless they had seen her face and questioned her and she had kept quiet if she had been a virgin (unmarried whether she had had connexion or not) or she had expressed herself in words if she had been a Syeeba (a married woman whether she has had connexion or not).

1032. (132). If a Syeeba has been given in marriage without her consent in words, for a thousand dirhems, and she then receives intelligence (that she has been given in marriage) and she says, "I have allowed the marriage for 50 dinars (or gold mohurs)" or she says, "I have allowed the marriage on condition that the dower be increased by so much" or she says, "I do not allow the marriage unless so much is superadded to the dower," this is not repudiation of the marriage, and her marriage is not avoided (batil) (because the marriage being dependent on her ratification,

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