He was also asked—may Allah Most High have mercy on him:

“A man married a young orphan girl, and her marriage contract was concluded by a follower of the Shāfi‘ī school. She did not reach puberty until two months after the contract. Is this contract valid or not?”

He replied:

As for an “orphan girl” who has not yet reached puberty, no one other than the father, grandfather, brother, paternal uncle, or ruler—meaning the judge or his deputies responsible for marriage contracts—may compel her to marry. The jurists hold three opinions on this:

The first is that it is not permissible. This is the position of al-Shāfi‘ī and Mālik, and one position reported from Imam Ahmad.

The second is that the marriage may be contracted without her permission, but she has the right to choose whether to remain married upon reaching puberty. This is the position of Abū Hanīfah and one position reported from Ahmad.

The third is that she may be married off with her permission, but has no right of choice upon reaching puberty. This is the well-known position of Ahmad’s school.

Thus, the marriage of this girl who has not reached puberty is permissible according to the schools of Abū Hanīfah and Ahmad, and others.

If a judge who considers this permissible marries her off, does his marrying her off constitute