be pleased with it—her father, her brother, her paternal uncle, and the like. The matter of the slave woman, however, requires further consideration. If she is an adult, mature, and sane, and her master approves of it, then there is nothing to prevent her marriage, for she is like a free woman.
“If an adult woman accepts a castrated man or an impotent man, she is not to be prevented; rather, she is to be prevented from marrying an insane man, a man with leprosy, or a man with vitiligo.”
His statement, “If an adult woman accepts a castrated man or an impotent man, she is not to be prevented,” means that if a free, adult, sane woman accepts a castrated man who has no penis, saying, “I want this man even though he has no penis,” then, according to the author, her guardian has no right to prevent her, because the right to sexual intercourse and childbearing belongs to her. The same applies if she accepts an impotent man—one incapable of intercourse: she is not to be prevented, because the right belongs to her.
His statement, “Rather, she is to be prevented from marrying an insane man,” means that she must be prevented from him, even if, as an adult and sane woman, she says, “I want to marry this insane man because he is destitute and pitiable, and I would like to show him compassion and serve him.” The author says that she must be prevented, because his insanity may affect her and her children, since one cannot be sure that an insane man will not harm her.
Among those of this type—may Allah protect us—is one addicted to intoxication. If a woman chooses him, she must be prevented from marrying him, because he is worse than the insane man. The insane man is not responsible for his condition and is therefore excused, whereas the drunkard has chosen it for himself, through his disobedience to Allah and His Messenger, peace and blessings be upon him, and his مخالفة to the way of the believers. Whoever is known for intoxication is not to be married off. It should not be said: “If you say this, it means that you have made uprightness a condition in the husband.” We say: It is not a condition. But intoxication is not like smoking, shaving the beard, or the like. These are sins, but they do not prevent a woman from marrying such a man,