Two Guardians, Each Gives a Girl to a Different Man in Marriage

“Abu Ja‘far (a.s.), has said that ’Amir al-Mu’minin (a.s.), issued a judgment. It was about the case of a woman whose brother gave her in marriage to one man and her mother gave her in marriage to another man, her maternal uncle or her brother were younger. He went to bed with her and she became pregnant and the two men sought judgment in the case. The first presented witnesses so she was joined with the first man. Two mahr (dowers) were assigned for her altogether; the Imam stopped the husband who won from going to bed with her until the birth of the child and related the child to the father (the winner of the case).’”

“Once abu ‘Abd Allah (a.s.), was asked about the case of a girl, when I was present, who had several brothers. The elder brother gave her in marriage in al-Kufah and the younger brother gave her in marriage in another land and he (the Imam) said, ‘The first has priority unless the other one has gone to bed with her, and if he has gone to bed she is his wife and his marriage is binding.”’

“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.’”