A woman who may not be compelled is, for example, a previously married woman, or a virgin whose guardian is someone other than her father.
According to the madhhab, a woman who may be compelled is a virgin under her father’s guardianship. Thus, if the father of a virgin accepts a suitor, his acceptance is valid. But if her brother accepts, his acceptance is invalid and carries no effect. Likewise, if the father of a previously married woman accepts, his acceptance is invalid and not taken into account. What counts, then, is the woman’s own acceptance if she may be married only with her consent, and her guardian’s acceptance if he has the authority to compel her.
His words, “for a Muslim,” are governed by two verbs: “the guardian accepts” and “she accepts.” That is, if the guardian of one who may be compelled accepts on behalf of a Muslim, or if one who may not be compelled accepts a Muslim.
It is understood from this that if she accepts a non-Muslim, it is permissible to propose to her; thus, one may make a proposal over that of a non-Muslim. For example, if a Christian woman has been proposed to by a Christian man, the apparent meaning of the author’s words is that it is permissible for a Muslim man to propose to her despite that Christian’s proposal. This is because he said, “or one who may not be compelled accepts a Muslim.” The implication is that a non-Muslim’s proposal does not make it forbidden for another to propose. The evidence is the saying of Allah, Exalted is He: “A believing slave is better than an idolater, even though he may please you” [al-Baqarah 2:221], and the statement of the Messenger of Allah, peace and blessings be upon him: “None of you should sell over his brother’s sale, nor propose over his brother’s proposal” (1). A Christian is not a brother.
The scholars have differed over this issue. Some of them said that the Messenger of Allah’s words, “his brother’s proposal,” refer to what is usually the case, because he was addressing Muslims, and ordinarily the suitor is a Muslim. It is well known that when a qualifying restriction is