Discussion of the hadith regarding the sermon (her silence is her consent) and the position of the Zahiris on this matter.

The Shaykh : ... the shakoush, or was it with the camera device that brings out the image, or with, what do we call this huge factory that is also equipped with electricity and a press that produces these idols? So we do not look at the means, we look at the goal and the outcome. Is this an image? An image, forbidden. Is this an idol? An idol, forbidden. As for the idol, that was the sculptor who ... what is the name of this carving? He remains carving in the idol.

The questioner : ... .

The Shaykh : Ah, for a very long time, because he was so pleased with it, foolishness took root in his mind. He said to him, "Speak." Of course, he did not speak. He went and smashed it thoroughly, wasting all his effort. Yes, this is forbidden. As for this factory here, it remains ... perhaps months or years until he was able to produce an idol more detailed than that man's idol. This is my concern because it is by the means that existed in the time of the Messenger of Allah (peace and blessings be upon him). Only a foolish man would say this. And therefore, the majority of scholars criticized the position of the Zahiris, the position 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 it is mentioned that the virgin's consent is her silence. It is clear from his (peace and blessings be upon him) saying that the Wise Lawgiver knows that women or virgins are shy. Of course, this was in the early time; 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. So first, with your left hand, I am not taking from your left hand. Yes, do you want to change?

The questioner : ... .

The Shaykh : Then, I have more than you have, and thank you, ... So the scholars unanimously said meaning, her silence is accepted. "O my daughter, so-and-so, son of so-and-so, has proposed to you, what is your opinion?" On this, the scholars, except the Zahiris, say that the contract is not valid unless she says, "I consent." If she remains silent, it is not valid. Why? Because the Messenger (peace and blessings be upon him) said . 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 consent," it is permissible, and that is clearer. But if she remains silent, we also consider it an affirmation. However, if she does not speak because she is truly shy, no. If she says, "I consent," 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 : ... the virgin, if she says, "I agree," he says, "This is not valid" ... .

The Shaykh : Yes.
Another questioner : No problem

The Shaykh : I still want to give you a second example, I do not want to, ... .