—on the same level as the suitor—then we would say: he may marry her off, so long as he has not committed disbelief. Thus, if we suppose that most of the community smokes, or that most of them shave their beards, should he be rejected when we do not know when someone who neither shaves his beard nor smokes will come to us?
The answer is: he should not be rejected, for Allah, Exalted is He, says: “So fear Allah as much as you are able” [al-Taghabun 64:16]. Just as, if we can find no ruler except one who is morally corrupt, we appoint the best available among the morally corrupt, the same applies here. But if this man commits a sin that is uncommon in the community, and the nearer guardian says, “I will not marry her to this man,” then he has the right to prevent the marriage, and no one may marry her off if the nearer guardian refuses.
His statement, “or is not”: the pronoun refers to the nearer guardian.
His statement, “qualified”: that is, he is not qualified for guardianship—for example, because he is a minor, morally corrupt, of a different religion, or the like. The presence of one who is unqualified is equivalent to his absence; his presence serves no purpose.
His statement, “or if he is absent in such a way that contact with him cannot be made except with expense and hardship, the more distant guardian may marry her off”: that is, if her father, brother, or guardian, for example, is absent from the town of the woman being proposed to, in a manner that cuts off contact. He explained this by saying, “contact with him cannot be made except with expense and hardship”; in that case, the more distant guardian may marry her off.
The author, may Allah have mercy on him, restricted such absence to that in which contact cannot be made except with expense and hardship. This differs according to the times. In the past, the distances between cities could only be traversed with expense and hardship, whereas now it is possible by the easiest means. One may perhaps not even need to travel, as he can be contacted by telephone, or