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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Benefits of the Hadith: (The previously married woman has more right over herself than her guardian, and the virgin must be consulted, and her permission is her silence).

Machine translationRead the Arabic original
The Shaykh : In this wording he mentioned from Ibn Abbas
A woman who has been previously married has more right over her person than her guardian الثيب أحق بنفسها من وليها
Bulugh al-Maram 8:19
, some scholars used it as evidence that the previously married woman marries herself, but there is no evidence for that. The point is that this contains the possibility that she marries, but the evidence in the Qur'an and the Sunnah indicates that a guardian is necessary. Therefore, the clear text is not abandoned for the ambiguous one. However, the meaning of "has more right over herself" is that she is the one who considers and thinks about the suitor, asks about him, and investigates him until she agrees or does not agree. As for her marrying herself, that is not the case. As for his saying "and the virgin must be consulted regarding herself," it means that she must be consulted until she agrees, but her agreement is by silence. Yes.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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