Is the divorced woman who was not consummated with asked for her permission to remarry?
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Question:
Does the virgin to whom a marriage contract was made but who was not consummated with retain the ruling of a virgin regarding seeking permission?
Answer:
The apparent meaning of the hadith is that she retains the status of a virgin; because it says "the previously married woman," and the previously married woman is one who has been consummated with, having married and been consummated with. But if she has not been consummated with, she is still a virgin. However, the implication of the underlying cause is that her verbal consent is necessary; because in most cases, her modesty has been removed after she married. But the implication of the term "virgin" requires that her silence is sufficient.
(Lectures on the Explanation of Bulugh al-Maram, Book of Marriage)
Does the virgin to whom a marriage contract was made but who was not consummated with retain the ruling of a virgin regarding seeking permission?
Answer:
The apparent meaning of the hadith is that she retains the status of a virgin; because it says "the previously married woman," and the previously married woman is one who has been consummated with, having married and been consummated with. But if she has not been consummated with, she is still a virgin. However, the implication of the underlying cause is that her verbal consent is necessary; because in most cases, her modesty has been removed after she married. But the implication of the term "virgin" requires that her silence is sufficient.
(Lectures on the Explanation of Bulugh al-Maram, Book of Marriage)
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.