Chapter: Seeking permission of a previously-married woman in words, and of a virgin by silence

Hadith 1419 Part A

setting

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) 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 Allah (ﷺ): How her (virgin's) consent can be solicited? He (the Holy Prophet) said: That she keeps silence.

Hadith 1419 Part B

setting

This hadith has been narrated through another chain of transmitters.

Hadith Number 1420

setting

'A'isha (Allah be pleased with her) reported

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

Hadith 1421 Part A

setting

Ibn 'Abbas (Allah be pleased with him) reported Allah's Apostle (ﷺ) as saying

A woman without a husband has more right to her person than her guardian, and a virgin's consent must be asked from her, and her silence implies her consent.

Hadith 1421 Part B

setting

Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (ﷺ) 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.

Hadith 1421 Part C

setting

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.