and his minor male slave. The remaining guardians may not marry off a girl under nine, nor a minor boy, nor an adult woman of sound mind, nor a nine-year-old girl, except with the permission of both of them. The virgin’s permission is her silence, while the previously married woman’s is expressed verbally.
His words, “and his minor male slave,” exclude the adult slave. That is, the master may compel his minor slave who has not reached puberty to marry. The master’s position toward his slaves is like that of a father toward his children: he may marry off minor slaves, the insane, and the like. Yet his authority is broader than that of a father, since he may marry off both adult and minor female slaves, whether previously married or virgins.
His words, “The remaining guardians may not marry off a girl under nine”: the remaining guardians are those other than the father, such as a brother, paternal uncle, and the like. They may not marry off a girl under nine under any circumstances, whether she is a virgin or has been previously married.
His words, “nor a minor boy,” mean that they may never marry off a minor boy, because they do not possess complete guardianship over him, nor do they have the same concern for him as a father does. Moreover, if they marry off a minor, they bind him to the obligations of marriage, such as maintenance and the like. This is permissible only for the father. They do, however, make an exception when the minor needs a wife: in that case, the judge may marry him off, but the other guardians may not.
How might a minor need a wife? For example, he may need a woman to serve him and manage his affairs, such as washing his clothes, making his bed, and the like.
Some of the jurists said: if the judge may marry him off, then the other guardians may likewise marry him off when he is in need, because the judge’s guardianship is less than that of the other relatives: the judge’s guardianship is general, whereas theirs is specific,