“I will not sell,” and then sold tobacco, he would not have broken his oath, because the sale is not valid. Thus, matters that have a legally defined meaning are to be understood according to their legal meaning. We therefore say: this evidence is sound, and the reasoning is sound; yet whoever considers the marriage valid is subject to its rulings, such as one who holds that a guardian is not required for marriage. Whoever considers it invalid, however, is subject to the ruling of a void marriage.
His statement, “even if she is a protected non-Muslim woman”: the word “even if” indicates that there is a difference of opinion. A protected non-Muslim woman is one of the disbelievers for whom a covenant of protection has been established. Thus, his wording, “even if she is a protected non-Muslim woman,” is somewhat imprecise. The correct wording would be, “even if she is a Jewish or Christian woman,” because it is not a condition for the permissibility of marrying a Jewish or Christian woman that she be under a covenant of protection. Moreover, such protection may also be granted to non-People of the Book, such as Magians, even though it is not permissible to marry a Magian woman. Thus, this expression is flawed both in what it includes and what it excludes. What is meant is a Jewish or Christian woman.
Can a Muslim man die leaving behind a Jewish or Christian wife? Yes, because Jewish and Christian women are lawful in marriage for Muslim men. Thus, if he dies leaving a non-Muslim woman—that is, a Jewish or Christian woman—she must observe the waiting period, because she is his wife; and she must mourn, because mourning follows the waiting period.
If you ask: What is the evidence? We say: the evidence is the generality of Allah’s saying, “and leave wives behind,” and she is indeed a wife; and the generality of the Prophet’s saying, peace and blessings be upon him, “except for her husband” (1).
If someone were to say: A protected non-Muslim woman is not required to mourn, based on the Prophet’s saying, peace and blessings be upon him, “It is not lawful for a woman who believes in Allah and the Last Day to mourn for a deceased person except for her husband ... and so on,” whereas a protected non-Muslim woman does not believe in Allah or