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Sunan an-Nasai 3263 (Book 26, Hadith 68) #17875
Consultation of Orphan Girls in Marriage

SUMMARY: The Prophet emphasizes that guardians should not force a previously married woman into marriage and that an orphan girl should be consulted before any decision is made, her silence being her approval.

It was narrated from Ibn 'Abbas that the Prophet said: "The guardian has no right (to force) the previously married woman (into a marriage). And an orphan girl should be consulted, and her silence is her approval".
أَخْبَرَنَا مُحَمَّدُ بْنُ رَافِعٍ، قَالَ حَدَّثَنَا عَبْدُ الرَّزَّاقِ، قَالَ أَنْبَأَنَا مَعْمَرٌ، عَنْ صَالِحِ بْنِ كَيْسَانَ، عَنْ نَافِعِ بْنِ جُبَيْرٍ، عَنِ ابْنِ عَبَّاسٍ، عَنِ النَّبِيِّ قَالَ ‏ "‏ لَيْسَ لِلْوَلِيِّ مَعَ الثَّيِّبِ أَمْرٌ وَالْيَتِيمَةُ تُسْتَأْمَرُ فَصَمْتُهَا إِقْرَارُهَا

TOPICS
marriage  *  consent  *  orphans  *  guardianship  *  nikah  *  ijbar  *  yatama

QUICK LESSONS:
Respect Women's Autonomy , Consult Vulnerable People Before Making Decisions On Their Behalf

EXPLANATIONS:
This hadith highlights the importance of consent in marriage. It was narrated from Ibn 'Abbas that the Prophet said that guardians have no right to force a previously married woman into marriage. Furthermore, an orphan girl should be consulted before any decision is made regarding her marriage and her silence is considered as approval. This hadith emphasizes the importance of respecting the wishes of women when it comes to their marriages and also highlights the need for consultation with orphans before making decisions on their behalf. It teaches us to respect women's autonomy and also encourages us to consult those who are unable to speak for themselves such as orphans or those who are vulnerable in society.

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