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Sunan Abi Dawud 2100 (Book 12, Hadith 55) #22391
Marriage of Widows and Orphans

SUMMARY: A guardian should not interfere in the marriage of a woman who is previously married and has no husband, and an orphan girl must be consulted before her marriage, with her silence being taken as acceptance.

Narrated Abdullah ibn Abbas: The Prophet said: A guardian has no concern with a woman previously married and has no husband, and an orphan girl (ie virgin) must be consulted, her silence being her acceptance.
حَدَّثَنَا الْحَسَنُ بْنُ عَلِيٍّ، حَدَّثَنَا عَبْدُ الرَّزَّاقِ، أَخْبَرَنَا مَعْمَرٌ، عَنْ صَالِحِ بْنِ كَيْسَانَ، عَنْ نَافِعِ بْنِ جُبَيْرِ بْنِ مُطْعِمٍ، عَنِ ابْنِ عَبَّاسٍ، أَنَّ رَسُولَ اللَّهِ قَالَ ‏ "‏ لَيْسَ لِلْوَلِيِّ مَعَ الثَّيِّبِ أَمْرٌ وَالْيَتِيمَةُ تُسْتَأْمَرُ وَصَمْتُهَا إِقْرَارُهَا

TOPICS
marriage  *  widows  *  orphans  *  consent  *  guardianship

QUICK LESSONS:
Respect others’ wishes regarding their marriages; consult an orphan girl before marrying her; take consent from both parties involved in a marriage; act as a guardian over vulnerable people such as widows or orphans.

EXPLANATIONS:
This hadith speaks about the importance of guardianship when it comes to marriage. It states that a guardian should not interfere in the marriage of a woman who is previously married and has no husband. Furthermore, it also states that an orphan girl must be consulted before her marriage, with her silence being taken as acceptance. This hadith emphasizes on the importance of consent when it comes to marriages, especially for those who are vulnerable such as widows or orphans. It teaches us that we should respect their wishes and not force them into something they do not want to do.

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