Explanation of the Book of Marriage-05

The Shaykh : We begin, if Allah wills.
And from Ibn 'Abbas (may Allah be pleased with them both), that the Prophet (peace and blessings be upon him) said: .
This means: that she is referred to regarding the marriage, and she is consulted with a detailed consultation. It is not sufficient to simply say, "So-and-so has proposed to you, do you permit the marriage?" No, she must be consulted and the matter must be revealed to her. For example, it is said: "He is young or an old scholar or ignorant, rich or poor, of high status in his tribe or not of high status." That is, the matter is made clear to her completely, because she has more right over herself. For this reason, she is not married off until she is consulted.
As for the virgin, it is said: she is to be consulted, meaning: she is to be asked for permission. The evidence is his saying: and he did not say: "and her command is her silence," but rather he said: "her permission," and this explanation indicates that the intended meaning of his saying: is that she is to be asked for permission, and her permission is her silence. The one who asks for her permission is her father or her guardian other than her father. It is sufficient for the virgin that we say: "A suitable man has proposed to you, do you permit it?" If she says: yes, the permission is valid, because the Prophet (peace and blessings be upon him) only sought her permission. Some scholars inferred from this hadith that the previously married woman marries herself, saying: because he said: meaning she is to be asked for permission, but there is no evidence for this in it. That is because his saying: is of the nature of revealing the matter to her completely so that she is as if she sees it with her own eyes, and then she permits or does not permit. And what we have said, although it is contrary to the apparent meaning of the hadith, it is not possible to reconcile this hadith with the preceding texts indicating the consideration of the guardian except with this interpretation.
In another wording: Abu Dawud and al-Nasa'i narrated it, and Ibn Hibban graded it as authentic.
That is, in marrying her off. Rather, the matter is up to her; if she wishes, she permits and her guardian performs the contract, and if she wishes, she does not permit. The orphan girl is the one whose father has died and who has not reached puberty. That is: she is to be asked for permission, as in the previous hadiths. But is the intended meaning of "orphan girl" here the actual orphan girl, or is the intended meaning of "orphan girl" the one who has not married and who has recently reached puberty? The latter. That is because the one below puberty is not married off by any of the guardians. Why? Because her permission is not considered valid by many scholars. Otherwise, some of them say: the permission is considered from the age of nine. But many of the people of knowledge say that the permission of one below puberty is not considered. And on this basis, the intended meaning of "orphan girl" is: the one who has reached puberty and is close to it, because she is the one whose permission is valid. As for before puberty, she has no valid permission, because she does not know; she is small and does not know the suitable match or the interests of marriage, so her permission is like non-existence. In any case: all these hadiths indicate that the permission of the wife is necessary in her marriage.
Then he said, from Abu Hurayrah (may Allah be pleased with him).
The student: ...

The Shaykh : ...