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سنن دارمي
Darimi
من كتاب النكاحFrom the Book of Marriage
باب اسْتِئْمَارِ الْبِكْرِ وَالثَّيِّبِ:Chapter: Seeking the Consent of Virgin and Previously Married Women
Hadith 2223
اُردوEn
أَخْبَرَنَا أَبُو الْمُغِيرَةِ، حَدَّثَنَا الْأَوْزَاعِيُّ، حَدَّثَنِي يَحْيَى، عَنْ أَبِي سَلَمَةَ، عَنْ أَبِي هُرَيْرَةَ، قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "لَا تُنْكَحُ الثَّيِّبُ حَتَّى تُسْتَأْمَرَ، وَلَا تُنْكَحُ الْبِكْرُ حَتَّى تُسْتَأْذَنَ، وَإِذْنُهَا الصُّمُوتُ".
Sayyiduna Abu Hurairah (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings be upon him) said: "The marriage of a previously married woman should not be contracted without her consultation, and the marriage of a virgin girl should not be contracted without her permission, and her silence is her permission."
Brief Explanation
(Commentary on Hadiths 2221 to 2223)
«ثَيْب»: A married woman who has seen a husband is referred to as one whose husband has passed away or who has been divorced; such a woman is also called "ayyim" and "thayyib," while "bikr" refers to a virgin, that is, a young woman who has not yet married.
In this hadith, the words «تستأمر» and «تستأذن» have been mentioned.
«حَتّٰي تُسْتَأْمَرَ » means that the marriage of a thayyib should not be conducted until she has been consulted, that is, her opinion should be explicitly sought, and this permission and consent should be verbal; in this case, silence will not suffice. Similarly, an orphan girl (yatimah) should also be consulted, but her silence, like that of a virgin (bikr), will be considered as her permission, and the meaning of "tusta’dhan" is also to seek permission.
«ثَيْب»: A married woman who has seen a husband is referred to as one whose husband has passed away or who has been divorced; such a woman is also called "ayyim" and "thayyib," while "bikr" refers to a virgin, that is, a young woman who has not yet married.
In this hadith, the words «تستأمر» and «تستأذن» have been mentioned.
«حَتّٰي تُسْتَأْمَرَ » means that the marriage of a thayyib should not be conducted until she has been consulted, that is, her opinion should be explicitly sought, and this permission and consent should be verbal; in this case, silence will not suffice. Similarly, an orphan girl (yatimah) should also be consulted, but her silence, like that of a virgin (bikr), will be considered as her permission, and the meaning of "tusta’dhan" is also to seek permission.
