His statement, “in this matter,” excludes his testamentary executor with respect to property. Thus, if this guardian has a testamentary executor for his property—meaning that he appoints someone to administer one-third of his estate—does the person appointed over that one-third become a testamentary executor with regard to contracting marriages? No. This is why he qualified it by saying, “Then his testamentary executor in this matter.”
His statement, “Then her paternal grandfather, however remote,” means that the closer takes precedence over the more remote. Thus, in this matter, the grandfather has greater right than the son. Here they have placed the grandfather before the full brothers and paternal half-brothers, whereas in the law of inheritance they allow the full brothers or paternal half-brothers to inherit along with the grandfather, according to a well-known detailed discussion. Giving the grandfather precedence over the brothers in guardianship for marriage indicates the weakness of the view that brothers inherit together with the grandfather, for the Prophet, may Allah’s peace and blessings be upon him, said: “Whatever remains goes to the nearest male agnatic relative” (1). If they acknowledge that the grandfather has greater right than the brother in guardianship for marriage, then the hadith entails that he should likewise have greater right than him in inheritance.
His statement, “her paternal grandfather,” excludes her maternal grandfather. Her maternal grandfather has no guardianship, namely, one between whom and the woman there is a female link. Thus, every grandfather whose connection to her is through a female has no guardianship.
His statement, “Then her son,” means the woman’s son.
His statement, “Then his sons, however remote,” means the sons of her son, excluding the sons of her daughter, for they have no guardianship.