850 – Ibn ʿAbbās (may Allah be pleased with them both) reported that the Prophet ﷺ said: “A previously-married woman has more right over her own affair than her guardian, and a virgin must be consulted; her consent is her silence.” Related by Muslim.
In another wording: “The guardian has no authority with regard to a previously-married woman, and the orphan girl is consulted.” Related by Abū Dāwūd and al-Nasāʾī, and declared authentic by Ibn Ḥibbān.⦗1⦘
Hadith grading
This hadith is ṣaḥīḥ (sound). It was transmitted by Abū Dāwūd and al-Nasāʾī and authenticated by Ibn Ḥibbān. Ibn Ḥajar said in al-Talkhīṣ: “Its narrators are trustworthy,” a point also noted by Abū al-Fath al-Qushayrī.
Glossary of hadith terms
• al-thayyib (previously-married person): According to Ibn al-Athīr in al-Nihāyah, the root of the word originally contains a wāw, for it derives from thāba yathūbu (to return). It applies to both males and females and designates one who is no longer a virgin.
• aḥaqqu bi-nafsihā (more entitled to herself): a comparative/superlative form that implies the guardian still shares, but does not override, her right.
• al-bikr (virgin): plural abkār, like ḥiml/ aḥmāl. It denotes someone, male or female, who has never married. The root b-k-r conveys the idea of being first or at the beginning: bakr can mean “first task,” al-bukūr is “early morning,” al-bākūrah is the season’s first fruit, al-bakar is a young camel, al-bikr is the first-born child, and so on.
• al-yatīmah (orphan girl): In human terms, an orphan is one who lost her father before puberty; plural aytām. The feminine diminutive plural is yatāmā. Here the term refers to a girl who has already reached maturity, recalling her earlier status. Continuing to call her “orphan” at this age underlines her rights and the compassion due to her in securing a suitable, righteous husband.