Is the silence of a non-virgin valid as consent to marriage?
Machine translationRead the Arabic original
Question:
If he informs her (the non-virgin) and she remains silent?
Answer:
It is not sufficient; her explicit consent is required, except for a virgin. A virgin is shy, so her silence is sufficient, but for a non-virgin, her command is required.
Q: If she consents after the contract, is it renewed?
The Shaykh: It is renewed, yes.
Q: If he has intercourse with her while she is unwilling...?
The Shaykh: The marriage is annulled, and if she consents afterwards, it is renewed, if she consents after that.
Q: Is there another bridal gift, or is the first bridal gift sufficient?
The Shaykh: The first bridal gift is for what he made lawful of her private parts, but a second bridal gift is required, even if it is small.
Q: What is the ruling on some phrases like "I have approved what my father did"?
The Shaykh: It is reported in some narrations that the Prophet (peace and blessings be upon him) gave her the choice, but the correct view is to reject it; because the marriage took place as invalid.
If he informs her (the non-virgin) and she remains silent?
Answer:
It is not sufficient; her explicit consent is required, except for a virgin. A virgin is shy, so her silence is sufficient, but for a non-virgin, her command is required.
Q: If she consents after the contract, is it renewed?
The Shaykh: It is renewed, yes.
Q: If he has intercourse with her while she is unwilling...?
The Shaykh: The marriage is annulled, and if she consents afterwards, it is renewed, if she consents after that.
Q: Is there another bridal gift, or is the first bridal gift sufficient?
The Shaykh: The first bridal gift is for what he made lawful of her private parts, but a second bridal gift is required, even if it is small.
Q: What is the ruling on some phrases like "I have approved what my father did"?
The Shaykh: It is reported in some narrations that the Prophet (peace and blessings be upon him) gave her the choice, but the correct view is to reject it; because the marriage took place as invalid.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
