Home Hadith Hadith 6711
A woman from the offspring of Ja`far was afraid lest her guardian marry her (to somebody) against
her will. So she sent for two elderly men from the Ansar, `AbdurRahman and Mujammi', the two sons
of Jariya, and they said to her, "Don't be afraid, for Khansa' bint Khidam was given by her father in
marriage against her will, then the Prophet (ﷺ) cancelled that marriage." (See Hadith No. 78)
Sahih al-Bukhari Book 90, Hadith 16
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The Prophet (ﷺ) said, "A virgin should not be married till she is asked for her consent; and the matron
should not be married till she is asked whether she agrees to marry or not." It was asked, "O Allah's
Apostle! How will she (the virgin) express her consent?" He said, "By keeping silent." Some people
said that if a virgin is not asked for her consent and she is not married, and then a man, by playing a trick
presents two false witnesses that he has married her with her consent and the judge confirms his
marriage as a true one, and the husband knows that the witnesses were false ones, then there is no
harm for him to consummate his marriage with her and the marriage is regarded as valid.
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Allah's Messenger (ﷺ) said, "A lady slave should not be given in marriage until she is consulted, and a virgin
should not be given in marriage until her permission is granted." The people said, "How will she
express her permission?" The Prophet (ﷺ) said, "By keeping silent (when asked her consent)." Some
people said, "If a man, by playing a trick, presents two false witnesses before the judge to testify that
he has married a matron with her consent and the judge confirms his marriage, and the husband is sure
that he has never married her (before), then such a marriage will be considered as a legal one and he
may live with her as husband."