Discussion of a hadith regarding the sermon: "Her permission is her silence," and the position of the Zahiris on this matter.

The Shaykh : ... or with a "chisel" and a "pickaxe," or if it was done with a "camera" that displays the image, or with—what do I call it?—the large machine that is also equipped with electricity and a press to produce these idols; so we do not look at the means; we look at the goal and the outcome. Is this an image? It is a forbidden image. Is this an idol? It is a forbidden idol. As for the idol that was made by that sculptor, the Italian one, I do not know his religion or the name of the one who carved it, he continued to carve in the idol.

The questioner : ... .

The Shaykh : Ah, for a very long time, because he liked it so much, he set his foolishness in his mind. He said to him: "Speak!" Naturally, he did not speak. He went and smashed him thoroughly; he wasted all his effort. Yes, this is forbidden. As for this factory, where the inventor spent perhaps months or years until he was able to see the idol more clearly than the idol of that man; he owes nothing for this; because it is by a means that did not exist in the time of the Messenger (peace and blessings be upon him). Only a fool would say this; and therefore the school of the Zahiris was criticized by the majority of scholars, the school of the Zahiris; because these Zahiris freeze on the apparent meanings of the texts and do not delve into knowing the purpose of the text. For example, he (peace and blessings be upon him) said: , meaning seek their consent to the marriage if one is proposed to, and he mentioned that the permission of the virgin is her silence. It is clear from his (peace and blessings be upon him) statement that the Wise Lawgiver knows that women or virgins are shy. Naturally, this was in the early times; today there is no shyness left!! Today the girl says: "I want this and I don't want that, and I want such and such," and so on.
First, with your left hand, I do not take from your left hand. Yes, you want to change.

The questioner : ... .

The Shaykh : Then, I have more than you do, and thank you.
The point is that all the scholars said: meaning her silence is accepted from her; my daughter, so-and-so's son has proposed to you, what is your opinion? , on this basis the scholars, except the Zahiris; they say this is not a valid contract, she must say: "I agree," if she remains silent it is not valid!! Why? Because the Messenger (peace and blessings be upon him) said: , O Shaykh, the Messenger (peace and blessings be upon him) said this not in the sense of restriction and tightening, but in the sense of facilitation. If she says: "I agree," it is permissible, and that is clearer, but if she remains silent, we also consider it an acknowledgment. As for saying no, unless she speaks, maybe she is truly shy. No, if she says: "I agree," it is valid, and if she remains silent, it is not valid. This is called rigidity, and a lack of depth in knowing the purpose of the Lawgiver from this wording, .

The questioner : ... if the virgin says: "I agree"; he said: "This is not valid..."

The Shaykh : Yes.

Another questioner : No problem.

The Shaykh : I still want to give you another example.
No, no, I don't want to...