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Sahih al-Bukhari 6970 (Book 90, Hadith 17) #6700
Seeking Consent Before Marriage

SUMMARY: A woman's consent should be sought before marriage, and her permission can be expressed through silence.

Narrated Abu Haraira: Allah's Messenger ﷺ said, "A lady slave should not be given in marriage until she is consulted, and a virgin should not be given in marriage until her permission is granted". The people said, "How will she express her permission?" The Prophet ﷺ said, "By keeping silent (when asked her consent)". Some people said, "If a man, by playing a trick, presents two false witnesses before the judge to testify that he has married a matron with her consent and the judge confirms his marriage, and the husband is sure that he has never married her (before), then such a marriage will be considered as a legal one and he may live with her as husband".
حَدَّثَنَا أَبُو نُعَيْمٍ، حَدَّثَنَا شَيْبَانُ، عَنْ يَحْيَى، عَنْ أَبِي سَلَمَةَ، عَنْ أَبِي هُرَيْرَةَ، قَالَ قَالَ رَسُولُ اللَّهِ ﷺ ‏"‏ لاَ تُنْكَحُ الأَيِّمُ حَتَّى تُسْتَأْمَرَ، وَلاَ تُنْكَحُ الْبِكْرُ حَتَّى تُسْتَأْذَنَ ‏"‏‏.‏ قَالُوا كَيْفَ إِذْنُهَا قَالَ ‏"‏ أَنْ تَسْكُتَ ‏"‏‏.‏ وَقَالَ بَعْضُ النَّاسِ إِنِ احْتَالَ إِنْسَانٌ بِشَاهِدَىْ زُورٍ عَلَى تَزْوِيجِ امْرَأَةٍ ثَيِّبٍ بِأَمْرِهَا، فَأَثْبَتَ الْقَاضِي نِكَاحَهَا إِيَّاهُ، وَالزَّوْجُ يَعْلَمُ أَنَّهُ لَمْ يَتَزَوَّجْهَا قَطُّ، فَإِنَّهُ يَسَعُهُ هَذَا النِّكَاحُ، وَلاَ بَأْسَ بِالْمُقَامِ لَهُ مَعَهَا‏.‏
TOPICS
marriage  *  consent  *  permission  *  silence  *  zawaj  *  razooq  *  ijazah  *  samt

QUICK LESSONS:
Seek Women's Consent Before Getting Married

EXPLANATIONS:
This hadith is about the importance of seeking consent before marriage. It is narrated by Abu Haraira that the Prophet Muhammad said that a lady slave should not be given in marriage until she is consulted, and a virgin should not be given in marriage until her permission is granted. The people asked how will she express her permission? The Prophet replied by keeping silent when asked for her consent. Some people suggested that if a man presents two false witnesses to testify that he has married a matron with her consent and the judge confirms his marriage, then such a marriage will be considered as legal one and he may live with her as husband. This hadith teaches us to respect women’s rights and seek their permission before making any decisions regarding their lives or marriages. It also emphasizes on the importance of honesty in all matters related to life, especially when it comes to matters of faith like marriages which are considered sacred in Islam.

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