Explanation of the Book of Marriage-05

The Shaykh : Then the author (may Allah have mercy on him) said: "And from Abu Hurayrah (may Allah be pleased with him), that the Messenger of Allah (peace and blessings be upon him)" - this is the beginning of the lesson, the benefits from the beginning of the lesson -
"that the Messenger of Allah (peace and blessings be upon him) said:

A woman without a husband (or divorced or a widow) must not be married until she is consulted, and a virgin must not be married until her permission is sought. They asked the Prophet of Allah (ﷺ): How her (virgin's) consent can be solicited? He (the Holy Prophet) said: That she keeps silence.

لا تنكح الأيم حتى تستأمر، ولا تنكح البكر حتى تستأذن قالوا: يا رسول الله، وكيف إذنها؟ قال: أن تسكت

Sahih Muslim 1419a

Agreed upon by al-Bukhari and Muslim.
And from Ibn Abbas (may Allah be pleased with them both), that the Prophet (peace and blessings be upon him) said:

A woman who has been previously married has more right over her person

الثيب أحق بنفسها من أبيها

Bulugh al-Maram 8:19

".
The student : Her guardian.

The Shaykh : Yes, narrated by Muslim.
In another wording: narrated by Abu Dawud, and al-Nasa'i, and Ibn Hibban graded it as authentic.
And from Abu Hurayrah (may Allah be pleased with him) he said: The Messenger of Allah (peace and blessings be upon him) said: . Narrated by Ibn Majah, and al-Daraqutni, and its narrators are trustworthy.
These are three hadiths, all revolving around one thing, which is the wife's consent: is it a condition or not? These hadiths clarify the ruling of this issue. So the hadith of Abu Hurayrah, he (peace and blessings be upon him) said: Al-Ayim is the one who has lost her husband, so she is one who has been married, and she is referred to in the second hadith as al-Thayb, because her virginity was removed by the first husband, meaning: her opinion is taken, and that is by her saying: Yes, marry me to so-and-so. As for the virgin, he said: It is said: We will marry you to so-and-so, and we do not say: Do you desire it? Do you agree? Do you command it? It is not said this way, but rather it is said: We will marry you to so-and-so. However, it was unclear to the Companions (may Allah be pleased with them) how she gives permission, meaning: how does the permission come from her? So he said: That she remains silent. And they only asked this question because the norm for a virgin is shyness and that she is embarrassed to speak about what relates to marriage.