"Not the previously married woman"
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The Shaykh : The author said "As for the father" pay attention "Not the previously married woman" his statement "Not the previously married woman" the "not" is not a conjunction, meaning the previously married woman is not excluded; rather, the consent of the previously married woman is required, even if her father marries her off, due to the saying of the Prophet (peace and blessings be upon him) Sahih al-Bukhari 6970 she is to be consulted, meaning her opinion is to be taken. Pay attention to the difference between "she is to be asked for permission" regarding the virgin and "she is to be consulted" regarding the previously married woman. Regarding the previously married woman, the Prophet (peace and blessings be upon him) said and regarding the virgin, he said because for the virgin, it is sufficient to say to her, "So-and-so has proposed to you, and he is a suitable match, do you accept him?" If she says no, we turn away from him. If she says yes, we marry her to him. If she remains silent, we marry her to him. Abu Hazm al-Zahiri said "If she says yes, do not marry her" because the Messenger (peace and blessings be upon him) said if she remains silent, we marry her to him, and if she says yes, yes, the man is a good man, and daughters should not be kept back except for one like him. She stood up and praised him and came with a eloquent proposal wanting him. According to their words, the words of the Zahiris, she is not to be married. Glory be to Allah. Yes, so how do we act? We say, the second time, if they ask for your permission, remain silent. If they ask her and she remains silent, we will marry you. The previously married woman must consent, even if her father marries her off; she must consent. If he marries her off without her consent, she has the option. Pay attention. If he marries her off without her consent, she has the option, because it is established in al-Bukhari and Muslim, or one of them, that a woman was married off by her father during the time of the Prophet (peace and blessings be upon him), and she was a previously married woman, so the Messenger of Allah (peace and blessings be upon him and his family) gave her the option and said if you wish, you may annul the marriage, and if you wish, you may remain with him. Good, so the previously married woman must consent, and she must be consulted, meaning she is to be asked for advice and referred back to. The difference between the two is clear: the virgin is shy and is bashful about speaking on these matters, yes, and the previously married woman has known husbands and known men and is able to advise or refuse, yes. Therefore, she must be consulted. Good, if she rejects from the very beginning, as soon as we say "So-and-so has proposed to you," and she says no, does acceptance require consultation? No, but we may advise her if the man is a suitable match, perhaps she will accept, because some women may reject at first, but after being referred back to, they accept. And likewise, if the virgins are asked for permission and they refuse, and the suitor is a suitable match, then it is recommended that they be advised, because some women, especially in some countries that were previously in a state of sinfulness and deviation, then Allah granted them the correct direction, you find the girl was raised in the past on what does not please, and then when her family was raised [in faith], she may not have reached faith yet. A suitable match in religion proposed to her, and she rejected based on what? Based on her previous state; she did not want a man who would walk in her [previous] manner. In this case, do we force her? The answer is no, we do not force her, but we advise her and we bind and threaten her, for example, we say, "If he proposes to someone else, we will not marry you," and the like, until she is convinced, but by force, no.
