He—may Allah Most High have mercy on him—was asked:

An orphan girl is ten years old, has no one to care for her, and urgently needs someone to look after her. Is it permissible for someone to marry her with her permission?

He replied:

According to most of the early generations and jurists, it is permissible to marry her to a suitable match. This is the position of Abū Hanīfah, the apparent position of Ahmad’s school, and the position of others besides them.

The Quran and Sunnah provide evidence for this, including the words of Allah Most High:

“They ask you for a ruling concerning women. Say, ‘Allah gives you a ruling concerning them, as does what is recited to you in the Book concerning orphan girls’”—to the end of the verse.

Al-Bukhārī and Muslim both recorded ʿĀ’ishah’s explanation of this verse in their Sahīh collections. It provides evidence concerning an orphan girl and her marriage to someone who treats her fairly regarding her dowry.

However, these scholars disagreed over whether she may be married off with or without her permission. Abū Hanīfah held that she may be married off without her permission, but that she has the option to rescind the marriage upon reaching puberty. This is also one position reported from Ahmad. The apparent position of Ahmad’s school is that she may be married off without her permission once she is nine years old, and that she has no option to rescind the marriage upon reaching puberty. This is based on the Prophet’s statement—may Allah bless him and grant him peace—recorded in the Sunan collections:

“An orphan girl must be asked for her permission concerning her marriage. If she remains silent, she has given permission; if she refuses, the marriage may not be imposed on her.”

Another wording states:

“An orphan girl must not be married off until her permission has been sought. If she remains silent, she has given permission; if she refuses, the marriage may not be imposed on her.”