Is it permissible for a father to marry off his daughter when she is unaware?
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Question : Honorable Shaykh, may Allah preserve you. This sister who is asking with us says that her husband married her off while she was unaware, as she was in the hospital. Is that permissible for him?
Answer : It is not permissible for a man to marry off his daughter, or any woman for whom he is a guardian, without her permission. The Prophet (peace and blessings be upon him) said:Jami` at-Tirmidhi 1107Sahih (Darussalam) And do not marry off a widow until she is consulted. It is obligatory for the woman's guardian, whether her father or another, to seek her permission when a suitor proposes. It is also obligatory for him to explain to her the suitor's condition, both in appearance and character. It is not sufficient for him to say, "My daughter, we will marry you off. A man has proposed." He must specify the suitor in a way that allows her to know him. This marriage contract has a future, a long future, involving children and a long stay together. If a person is not allowed to sell even a qirsh of his daughter's money without her permission,
how can he have authority over her without her permission? However, the Prophet (peace and blessings be upon him) distinguished between seeking the permission of a virgin and seeking the permission of a previously married woman. If a virgin is consulted and the suitor and his description are fully explained to her, and she remains silent, her silence is her permission. As for a previously married woman, she must explicitly express her consent with words. This is why, when he (peace and blessings be upon him) said: , the Prophet (peace and blessings be upon him) made the silence of a virgin her permission.
I find the distinction between her and a previously married woman to be that the previously married woman has known men, so she is not shy to say yes or no. As for the virgin, she has not known that, so she is usually more reserved. Therefore, her silence is sufficient. However, if she says, "No, I do not want to marry," either absolutely or specifically with this man, it is not permissible to marry her off. In that case, we say:
The response of a virgin falls into three categories. The first is that she explicitly expresses consent and says, "I have no objection." This is clear. The second is that she remains silent, which is permission, i.e., evidence of consent. The third is that she explicitly refuses, saying, "I do not want this." It is not permissible to marry her off until she consents. However, if the suitor is a match in his religion and character, the father or other guardian should persuade the woman to accept him, without embarrassing her and without pressuring her.
Answer : It is not permissible for a man to marry off his daughter, or any woman for whom he is a guardian, without her permission. The Prophet (peace and blessings be upon him) said:
a virgin should not be given in marriage until her permission is sought
لا تنكح البكر حتى تستأذنhow can he have authority over her without her permission? However, the Prophet (peace and blessings be upon him) distinguished between seeking the permission of a virgin and seeking the permission of a previously married woman. If a virgin is consulted and the suitor and his description are fully explained to her, and she remains silent, her silence is her permission. As for a previously married woman, she must explicitly express her consent with words. This is why, when he (peace and blessings be upon him) said:
A virgin is not to be married off until she is consulted. The Companions said: O Messenger of Allah, how is her permission?
لاَ تُنْكَحُ الْبِكْرُ حَتَّى تُسْتَأْذَنَ قال الصحابة يا رسول الله كيف إذنها؟That she remains silent.
على أن تسكت.I find the distinction between her and a previously married woman to be that the previously married woman has known men, so she is not shy to say yes or no. As for the virgin, she has not known that, so she is usually more reserved. Therefore, her silence is sufficient. However, if she says, "No, I do not want to marry," either absolutely or specifically with this man, it is not permissible to marry her off. In that case, we say:
The response of a virgin falls into three categories. The first is that she explicitly expresses consent and says, "I have no objection." This is clear. The second is that she remains silent, which is permission, i.e., evidence of consent. The third is that she explicitly refuses, saying, "I do not want this." It is not permissible to marry her off until she consents. However, if the suitor is a match in his religion and character, the father or other guardian should persuade the woman to accept him, without embarrassing her and without pressuring her.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 2621- هل يجوز تزويج الأب لبنته وهي لا تدري/سؤال على الهاتف 📞 /ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
