he may send a written authorization by fax, and it will arrive within minutes. Thus, the matter has changed.
Some scholars have restricted this to a case where the guardian’s absence would cause the suitor to be lost. That is, for example, if the suitor says, “I will not wait two, three, or ten days, or a month. Give me an answer within a day; otherwise, I am no longer interested.”
Some scholars therefore say that if the absence is such that it will cause a suitable suitor to be lost, his guardianship lapses. In truth, however, this matter requires consideration, because guardians are not all alike. Having a more distant paternal cousin marry her off while a closer paternal cousin is present is undoubtedly less serious than having a paternal cousin marry her off while her father is present.
For example, suppose there is a paternal cousin who is related to this woman in the third degree and lives in the town of the woman being proposed to, while another paternal cousin, related to her in the second degree, is in another town, and waiting for him would cause the suitor to be lost. If the more distant paternal cousin married her off in this case, he would not be blameworthy, since both are paternal cousins, although the other has a closer degree of relation. But if her paternal cousin were present here while her father was in another town, people would regard the paternal cousin’s marrying her off as an encroachment and an infringement upon the father’s right.
Thus, the matter differs according to the guardians involved. What should be said is that if it is possible to consult the nearer guardian, the more distant guardian must not marry her off. The reason is that, if we allowed the more distant guardian to marry her off in such a case despite the possibility of consulting the nearer guardian, it would lead to disorder: anyone wishing to marry a woman could go to her paternal cousin whenever her father was away—for example, on the Hajj journey or the like—and say, “Marry her to me.” This would result in limitless disorder. The correct view is that the nearer guardian’s right must be observed, especially that of the father; therefore, she may not be married off except when this is not possible.