for negating the genus. Here, the negation concerns validity, not mere existence, because a woman may in fact marry without a guardian, and the Prophet, peace and blessings be upon him, does not report something that turns out contrary to his report.
Accordingly, his statement, “There is no marriage except with a guardian,” means: there is no valid marriage except with a guardian.
If someone were to ask: Why do we not say, “There is no complete marriage,” and understand the negation as negating completeness rather than validity?
We reply: This is incorrect, because whenever it is possible to understand it as negating validity, that is required, since this is the apparent meaning of the wording. We do not interpret negation as the negation of completeness unless evidence establishes validity. Moreover, the basic principle concerning negation is that it negates the reality of the matter, whether in actuality or in the Sacred Law.
This principle has been mentioned to us repeatedly: negation is understood first as the negation of existence; if that is not possible, then as the negation of validity; and if that is not possible, then as the negation of completeness.
The Prophet, peace and blessings be upon him, also said: “Any woman who marries without the permission of her guardian, her marriage is invalid” (1).
As for sound reasoning, a woman is weak in judgment and religion, quick to be swayed by emotion, and easily deceived. Someone among the most immoral of people may come and deceive her,