‘Ā’ishah, in this authentic hadith recorded by al-Bukhārī and Muslim, that this verse was revealed concerning an orphan girl in her guardian’s care, and that Allah permitted him to marry her provided he gave her a fair dowry. The account states that she was in his care, indicating that she was legally restricted in managing her own affairs.

Furthermore, it is established in the Sunan collections, through narrations from Abū Mūsā and Abū Hurayrah, that the Prophet—may Allah bless him and grant him peace—said:

“An orphan girl must not be married off until her permission is sought. If she remains silent, she has given permission; but if she refuses, no marriage may be imposed upon her.”

Thus, she may be married off with her permission, but not without it. He—may Allah bless him and grant him peace—also said:

“There is no orphan status after puberty.”

Even if “orphan” were intended to include someone past puberty, this would be figurative usage, and the term would therefore have to encompass those both before and after puberty. Restricting the word “orphan” exclusively to those past puberty, however, is not a meaning the wording can bear under any circumstances.

Moreover, a discerning minor’s declarations are legally valid with his guardian’s permission, just as his entering the consecrated state for Hajj is valid with his guardian’s permission. Likewise, according to most scholars, his transactions involving sales and other matters are valid with his guardian’s permission. This is indicated by the Quran, where Allah says:

“Test the orphans until they reach marriageable age”—to the end of the verse.

He thus commanded that they be tested before puberty, and this may only be possible through sales transactions—although, according to the majority, neither a minor’s will nor his provision for a slave’s emancipation upon his death is valid. His embracing Islam is likewise valid, as are his fasting, prayer and other such acts, because of the benefit they bring him.

Thus, if her guardian marries her to a suitable match with her permission, the marriage is valid. This is an act undertaken with her permission and serves her interests; either of these two grounds suffices to validate the act of a discerning minor. And Allah knows best.