Musannaf Ibn Abi Shaybah

It is narrated from Hazrat Saeed that the Messenger of Allah, peace and blessings be upon him, said: Permission will be sought from an orphan girl for marriage, and her consent is her silence.

It is narrated from Hazrat Abu Hurairah (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: Permission will be sought from an orphan girl for marriage; if she accepts, then that is her permission, and if she refuses, then there is no compulsion upon her.

It is narrated from Hazrat Abu Burdah that the Messenger of Allah, peace and blessings be upon him, said: If a marriage proposal is sent to an orphan girl, her marriage cannot take place until her permission is sought. If she agrees, then her marriage should be arranged, and her silence is her consent. If she refuses, then her marriage will not be arranged.

Hazrat Umar (may Allah be pleased with him) said that the consent of an orphan girl should be sought, and her consent is her silence.

The same is narrated from Hazrat Umar (may Allah be pleased with him).

Hazrat Ali (may Allah be pleased with him), Hazrat Umar (may Allah be pleased with him), and Hazrat Shurayh (may Allah have mercy on him) say that the permission of an orphan girl should be sought from her heart, and her consent is her silence.

Hazrat Ali (may Allah be pleased with him) used to say that when an orphan girl is married, if she remains silent, then this is her consent, and if she expresses dislike, then her marriage should not be arranged.

Hazrat Shurayh says that if she remains silent and is content, then it is as if she has accepted, and if she dislikes and expresses displeasure, then her marriage will not be conducted.

Ibrahim says that if an orphan girl is married off, if she remains silent or weeps, then this is her consent; if she expresses dislike, then she should not be married off.

Hazrat Sha'bi says that if an orphan girl is married and she laughs, cries, or remains silent, then this is her consent.

It is narrated from Hazrat Abu Musa (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: The permission of an orphan girl will be sought from her heart; if she remains silent, then that is her permission, and if she refuses, then her marriage will not be arranged.