الكافي- ط الاسلامية, volume 5, page 397

3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Isma’il ibn Bazi’ who has said the following: “Once a man asked him (the Imam) (a.s.), about the case of a man who dies and leaves behind two brothers and a daughter who is small. One brother becomes the executor of the will and gives the girl in marriage to his son. The father of the boy married to the girl dies and thereafter the other brother says that his brother did not give the girl in marriage to his son so he gives the girl in marriage to his son and the girl is asked, ‘Which one of the (two) husbands is more beloved to you?’ She says, ‘The other one (son of the second brother) is more beloved to me.’ Then the second brother dies and the other brother has left behind another son older than the son who was married to the girl. He asks the girl to choose whichever of the two she likes. He (the narrator) has said that Hadith about this case says that she is for the second husband because she at that time was able to discern when she was given in marriage and it is not lawful for her to disregard the marriage which is formed after her gaining the ability to discern.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

1. Ali ibn Ibrahim has narrated from his father and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from Ibn Abi ‘Umayr from Hammad ibn ‘Uthaman from al-Halabiy who has said the following: “About the case of a woman who appoints a man to form her marriage with so and so and he says, ‘I will do so only if you testify that I am your attorney;’ she testifies for him and at the time of ceremony he says to the man who has proposed marriage, ‘O so and so you owe such and such amount’ and he says, ‘Yes, I agree.’ He (her attorney) says to people, ‘Bear witness that this amount for her is on me and I give her in marriage to myself.’ She then says, ‘No, it is not an honor. The control of my affairs is in my own hand and I have not appointed you as the person in charge of my affairs. It was only because of not to verbally be embarrassed before people.’ He (the Imam) said, ‘He is removed from her. He deserves only a headache.’” Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Nu’man from abu al-Sabbah al-Kinaniy from abu ‘Abd Allah (a.s.), a similar Hadith.

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.