Toggle above to switch between keyword search and direct hadith lookup
الفتح الربانی
Fath al-Rabbani
مسائل النكاحIssues of Marriage
بَاب مَا جَاءَ فِي إِجْبَارِ الْبِكْرِ وَاسْتَثَمَارِ التَّيبِChapter: What Has Been Reported Regarding Compelling the Virgin and Seeking the Consent of the Previously Married Woman
Hadith 6884
اُردوEn
وَعَنْهُ أَيْضًا قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ الْأَيِّمُ أَحَقُّ بِنَفْسِهَا مِنْ وَلِيِّهَا وَالْبِكْرُ تُسْتَأْمَرُ فِي نَفْسِهَا وَإِذْنُهَا صُمَاتُهَا
It is also narrated from Sayyiduna Ibn Abbas (may Allah be pleased with them both) that the Noble Prophet (peace and blessings be upon him) said: A widow has more right over herself than her guardian, and a virgin girl should be asked for permission regarding herself, and her permission is her silence.
Brief Explanation
Benefits: … In this hadith, the word "ahaqq" (more entitled) indicates participation, meaning that in marriage, both the previously married woman's (shuhra didah) right and the guardian's (wali) right are present, and the woman's right holds greater importance. In any case, it is necessary for both to be in agreement.
Furthermore, the following hadith clarifies the meaning of "ahaqqu bi-nafsiha" (more entitled regarding herself):
Sayyiduna Adi al-Kindi radi Allahu anhu narrates that the Messenger of Allah sallallahu alayhi wa sallam said: "Consult women regarding themselves." Someone said: O Messenger of Allah! A virgin girl feels shy (how should she be consulted)? He sallallahu alayhi wa sallam said: "The previously married woman (thayyib) expresses herself with her tongue, and the virgin's (bikr) consent is her silence." (Sahihah: 1459) … "Consult women regarding themselves." Someone said: O Messenger of Allah! A virgin girl feels shy (how should she be consulted)? He sallallahu alayhi wa sallam said: "The previously married woman expresses herself with her tongue, and the virgin's consent is her silence."
Furthermore, the following hadith clarifies the meaning of "ahaqqu bi-nafsiha" (more entitled regarding herself):
Sayyiduna Adi al-Kindi radi Allahu anhu narrates that the Messenger of Allah sallallahu alayhi wa sallam said: "Consult women regarding themselves." Someone said: O Messenger of Allah! A virgin girl feels shy (how should she be consulted)? He sallallahu alayhi wa sallam said: "The previously married woman (thayyib) expresses herself with her tongue, and the virgin's (bikr) consent is her silence." (Sahihah: 1459) … "Consult women regarding themselves." Someone said: O Messenger of Allah! A virgin girl feels shy (how should she be consulted)? He sallallahu alayhi wa sallam said: "The previously married woman expresses herself with her tongue, and the virgin's consent is her silence."
