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‏النكاح (The Book of Marriage)
CHAPTER: SEEKING CONSENT OF AL-THAYYIBIN MARRIAGE IN WORDS AND OF A VIRGIN IN (MEANINGFUL) SILENCE  

No. 3303

Abu Huraira (Allaah be pleased with him) reported Allaah's Messenger (sallAllaahu alayhi wa sallam) as having said: A woman without a husband (or divorced or a widow) must not be married until she is consulted, and a virgin must not be married until her permission is sought. They asked the Prophet of Allaah (sallAllaahu alayhi wa sallam): How her (virgin's) consent can be solicited? He (the Prophet) said: That she keeps silence.

No. 3304

This hadith has been narrated through another chain of transmitters.

No. 3305

'A'isha (Allaah be pleased with her) reported: I asked Allaah's Messenger (sallAllaahu alayhi wa sallam) about a virgin whose marriage is solemnised by her guardian, whether it was necessary or not to consult her. Allaah's Messerger (sallAllaahu alayhi wa sallam) said: Yes, she must be consulted. 'A'isha reported: I told him that she feels shy, whereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: Her silence implies her consent.

No. 3306

Ibn 'Abbas (Allaah be pleased with him) reported Allaah's Prophet (sallAllaahu alayhi wa sallam) as saying: A woman without a husband has wore right to her person than her guardian, and a virgin's consent must be asked from her, and her silence implies her consent.

No. 3307

Ibn Abbas (Allaah be pleased with them) reported Allaah's Messenger (sallAllaahu alayhi wa sallam) as saying: A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.

No. 3308

Sufyan reported on the basis of the same chain of transmitters (and the words are): A woman who has been previously married (Thayyib) has more right to her person than her guardian; and a virgin's father must ask her consent from her, her consent being her silence, At times he said: Her silence is her affirmation.




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