Issue 9, Brief Exposition of the Issue, Statement of the Sayyid

Session Forty-Six

Issue 9 – Brief Exposition of the Issue – Statement of the Sayyid – Elucidation of the Subject of the Issue – Arguments for the Recommendation of Seeking Permission from the Father and Grandfather – First Argument: Specific Narrations

January 19, 2026

Issue 9

“It is proper (yanbaghī), rather it is recommended (yustaḥabb), for a woman who possesses discretion over her own affairs to seek permission from her father or her grandfather, and if they are not present, then her brother, and if there are multiple brothers, she is to give precedence to the eldest.” It is proper, rather it is recommended, for a woman who has discretion over her own affairs to seek permission from her father or grandfather, and if the father and grandfather are not present, she should seek permission from her brother, and if there are multiple brothers, she must give precedence to the eldest brother.

Brief Exposition of the Issue

The subject of the discussion is a woman who has discretion over her own affairs; to what persons “a woman who has discretion over her own affairs” applies is something that must be clarified. The Imam has initially stated “it is proper, rather it is recommended”; why did he initially state “it is proper” and then turn away (iḍrāb) and state it is recommended? What is the reason for this turning away, and what difference fundamentally exists between these two? Then, he has posited three claims:

1. That she should seek permission from the father or grandfather;

2. That if the father and grandfather are not present, she should seek permission from her brother;

3. If there are multiple brothers, she should seek permission from the eldest brother.
   These three rulings—the recommendation of seeking permission from the grandfather and father, and in the event of their absence, the recommendation of seeking permission from the brother; and in the case of multiple brothers, the recommendation of seeking permission from the eldest brother—have been articulated in this issue.

Statement of the Sayyid

Before we address this discussion, we shall also review the statement of the late Sayyid in al-ʿUrwah. The late Sayyid has stated in the fourteenth issue of al-ʿUrwah: “It is recommended for a woman who possesses discretion over her own affairs to seek permission from her father or her grandfather, and if they are not present, then to deputize (tuwakkil) her brother, and if there are multiple, she is to choose the eldest.” The differences that exist between the text of Taḥrīr and the text of al-ʿUrwah are, firstly, in the word “it is proper” (yanbaghī), which is present in Taḥrīr, whereas the late Sayyid has solely stated “it is recommended for the woman” (yustaḥabb li-l-marʾah). The second difference is in “then to deputize her brother”; the Imam has stated in Taḥrīr “and if they are not present, then her brother”. Does this “deputize” possess a specific meaning, or is it in the very same meaning as seeking permission (istiʾdhān)? We must explain these two differences.

Elucidation of the Subject of the Issue

What is important at the outset is the elucidation of the subject of the issue; what is the meaning of “a woman who possesses discretion over her own affairs”? A woman who possesses discretion over her own affairs and is in charge of herself means that in the matter of marriage, the discretion is hers; because the discussion is of marriage, and here the issue of marriage is raised. Who is the woman whose discretion in the matter of marriage is in her own hands, or who possesses independence?
The absolutely certain instance (qadr mutayaqqan) of such a woman is a thayyib (a previously married woman); meaning a woman who has married and whose husband has passed away or who has divorced; carrying the very same meaning that we mentioned for thayyib in the past—whether thayyib, meaning non-virgin, is applied to someone who lacks anatomical virginity, or whether the intent is a woman who has married and divorced, even if anatomical virginity has not been removed. Now, this discussion is not relevant here. What is certain is that the discretion of a thayyib is in her own hands, and there is no disagreement in this matter.
The discussion, rather, concerns the mature virgin (bākirah rashīdah): is the mature virgin encompassed by this ruling or not? This entails a brief discussion, and we must clarify the boundaries and parameters of the subject, and then proceed to the three claims to see what the argument for these claims is.
If you recall, we previously discussed the mature virgin; whether the mature virgin possesses independence in the matter of marriage—meaning the father does not have guardianship over her—or whether their views must be secured jointly, meaning both the father’s permission and the daughter’s consent are required, or whether her entire discretion is in the hands of the father and guardianship over the mature virgin is indeed established. The intent behind “the woman who possesses discretion over her own affairs” is specifically the thayyib, and it does not encompass the mature virgin, on the premise that we adhere to the view that the mature virgin does not possess independence, or we commit to the view that the consent of the father or grandfather must be adjoined; meaning, if someone’s foundational view (mabnā) is that the mature virgin does not possess independence, she inevitably is not counted as “one who possesses discretion over her own affairs.” If someone holds that the father’s consent intervenes even as a component, and holds to the adjunction of the father’s consent and the daughter’s consent, once again she is not counted as “one who possesses discretion over her own affairs.” There we do not say “it is recommended”; we must say “it is obligatory for the woman to seek permission from her father.” Thus, according to those two foundational views, there is inevitably no place for this discussion, and therefore the instance and subject of this issue is restricted to the thayyib and does not encompass the mature virgin.
We discussed that matter there and stated that the mature virgin, based on certain narrations, must seek permission; meaning her consent is a condition, and the father’s consent must also be obtained as a matter of precaution. If we say this, the mature virgin exits the scope of this issue. Therefore, it is as though it is said that the thayyib, despite the discretion over the matter of marriage being in her own hands, is nevertheless recommended to sequentially obtain permission from the father and the eldest brother. But if we hold to the view that the mature virgin possesses independence in the matter of marriage and does not require the father’s permission—meaning the validity of her contract is not contingent upon the permission and seeking of permission from the father—inevitably the ground exists for us to say that seeking permission is recommended.
Therefore, this issue is based upon the foundational view we adopt in that discussion. Only on one foundational view is the mature virgin encompassed by this issue, and that is the foundational view of the independence of the mature virgin in the matter of marriage.
Another issue is whether seeking permission is recommended or not. This itself is a noteworthy issue; this is precisely why the Imam’s phrase began in this manner: “It is proper, rather it is recommended”, and by explaining this matter it becomes known why the Imam initially stated “it is proper” and subsequently stated “it is recommended.” Concerning the thayyib and the mature virgin, there is room for this discussion as to whether we possess an argument for the recommendation or not. If we wish to prove that an action and deed, such as seeking permission, is recommended, we certainly require a legitimate scriptural argument (dalīl sharʿī); recommendation is, in reality, a title that is overlaid upon an act, and it absolutely must be based on a narration or a reliable scriptural argument. We cannot say just anything is recommended; we might say something is fitting rationally, conventionally, morally, out of respect, or devotionally; according to what exists among rational people, this is proper and fitting. But if we wish to say it is recommended, we require an argument and narration. Therefore, to ascertain whether the recommendation is established or not, we must refer to the narrations; if we are able to derive something in the narrations specifically concerning the thayyib, or the mature virgin, or in an unqualified manner such that it encompasses both, we say it is recommended. But if, in the narrations, we possessed an argument specifically for the mature virgin, for example, but were unable to find an argument concerning the thayyib, or no unqualified scope existed that would encompass the thayyib, we can no longer say seeking permission is recommended for her. Therefore, it is possible to adhere to the recommendation of seeking permission concerning the mature virgin—based on the view of her independence in the matter of marriage—and to adhere to the non-recommendation of seeking permission concerning the thayyib. I provided this explanation so it becomes clear that if we wish to derive a recommendation, we must see whether the narrations convey such a matter or not.
On this basis, we shall proceed to the three claims, the recommendation of which will become clear through the examination of the arguments for the issue; otherwise, if we were to examine the recommendation right now and then proceed to the claims, repetition would ensue; I provided this explanation so you would be mindful of this issue. In any case, this issue has, of course, been raised in jurisprudential works from the past; the late Muḥaqqiq in Sharāʾiʿ, the author of Jawāhir, and others have raised this, and it is not a new issue, but has been raised since antiquity. The main point is to see what the argument is; perhaps the issue is even a matter of consensus, and apparently no opposing view exists. The late Sayyid, who set down this issue in writing in al-ʿUrwah, received no annotation or marginalia concerning it from any of the commentators. We must see what the argument is.

Arguments for the Recommendation of Seeking Permission from the Father and Grandfather

According to the claims we stated, we shall address the first claim; meaning seeking permission from the father and grandfather. Why is it recommended for a woman who possesses independence in the matter of marriage and whose discretion is in her own hands (who, we stated, definitively is the thayyib, and based on one foundational view, the mature virgin) to seek permission? Here, several arguments have been invoked.

First Argument: Specific Narrations

The first argument is the narrations; the narrations are of two categories: one category is specific narrations, and one category is unqualified narrations. The intent behind specific narrations means narrations that have been transmitted specifically concerning the mature virgin; unqualified narrations, too, are narrations whose unqualified scope encompasses the thayyib as well. Otherwise, we have no specific narration concerning the thayyib in which seeking permission has been mentioned in some way.
According to certain narrations, if a daughter marries without the permission of the father or grandfather, her contract is invalid; meaning, it prohibits the marriage of the daughter without seeking permission from the father. Including:

1. “From Abū ʿAbdillāh (peace be upon him), who said: ‘The virgin girl who has a father does not marry except with the permission of her father.’ And he said, ‘If she possesses discretion over her own affairs, she marries whenever she wishes.'” According to this narration, a woman whose discretion is in her own hands has no need to seek permission; however, it has excluded the virgin from the scope of “the woman who possesses discretion over her own affairs”; it states that the virgin girl who has a father “does not marry except with the permission of her father”. The apparent purport of this is the invalidity of the mature virgin’s contract.
   The indication of these narrations regarding recommendation is explained thus: these narrations cannot be adopted due to certain opposing narrations; we cannot adopt the apparent purport of these narrations, and guardianship is not established for the father in relation to the mature virgin. Then, in the context of reconciling (jamʿ) between these two groups of narrations, we interpret these narrations as indicating recommendation. This narration, in and of itself, does not possess an apparent purport of recommendation, but rather possesses an apparent purport of obligation; it has prohibited marriage without seeking permission. But by means of the opposing narrations, this prohibition is interpreted as reprehensibility (karāhah); meaning, it is as though it is not proper and fitting, it is reprehensible (makrūh), for the mature virgin daughter to marry without seeking permission from the father.

2. “From Ḥammād, from al-Ḥalabī, from Abū ʿAbdillāh (peace be upon him), who said: I asked him about the virgin when she reaches the stage of women [maturity], does she have discretion along with her father? He said: She has no discretion along with her father, as long as she has not become a thayyib.” According to this narration, concerning a virgin who has reached the stage of womanhood and matured, does her discretion lie in her own hands in the presence of her father? The Imam stated: In the presence of the father, her discretion is not in her own hands, until such time as she has become a thayyib.
   The apparent purport of these narrations is the prohibition of the marriage contract of this daughter without the father’s permission. However, because there are opposing narrations confronting it, these narrations are interpreted as recommendation. Meaning, it is as though an emphatic recommendation for seeking permission is established by these narrations.
   These are the specific narrations; according to this narration, the thayyib is excluded from the bounds of seeking permission; meaning, if we were left solely with this narration and the formulation we stated, it only establishes recommendation concerning the mature virgin.

3. “From Ibn Bukayr, from a man, from Abū ʿAbdillāh (peace be upon him), who said: There is no harm in a woman marrying herself off, if she is a thayyib, without her father’s permission, if there is no harm in what she has done.” Of course, the chain of transmission of this narration is problematic. Concerning the thayyib, it states she has no need for the father’s permission; its implication is that a non-thayyib must obtain permission. Again, by means of the existence of the opposing narrations which negate the father’s guardianship in this sense, this is interpreted as recommendation.

4. “Those possessing fathers among the virgins are not married off except with the permission of their fathers.” “Those possessing fathers among the virgins” means a virgin daughter who wishes to marry cannot marry without the father’s permission.
   As I mentioned, the apparent purport of these narrations is absolute prohibition; were we left solely with these narrations, we would have to say seeking permission is necessary (yalzam al-istiʾdhān), seeking permission is obligatory (yajib al-istiʾdhān). But by means of those narrations indicating independence, and the reconciliation among them, we say this is interpreted as recommendation.
   In any case, concerning the narrations related to the mature virgin, you observed that the formulation of the argumentation upon these narrations for recommendation is precisely what we stated; when these narrations are weighed against the narrations indicating independence, the result of the reconciliation between these two groups of narrations is that we interpret this as recommendation. These were the specific narrations, none of which encompasses the thayyib. Regarding these themselves, too, is recommendation truly derived from them or not? We have one or two other matters concerning the first claim, which, God willing, we shall articulate in the next session.