I say: The stronger view is that it means the drum, since ʿAlī ibn Badhīmah stated this definitively, as mentioned above, and he was one of its narrators. The narrator is more knowledgeable of what he narrated than anyone else. And Allah knows best.

1807 — “A previously married woman has more right over herself than her guardian, and a virgin’s father seeks her permission concerning herself; her permission is her silence.”

Muslim (4/141), Abū Dāwūd (1/327), al-Nasāʾī (2/78), al-Dāraquṭnī (390), Aḥmad (1/219), and al-Ṭabarānī (no. 10745) narrated it through Sufyān ibn ʿUyaynah, from Ziyād ibn Saʿd, from ʿAbd Allāh ibn al-Faḍl, from Nāfiʿ ibn Jubayr, from Ibn ʿAbbās, attributing it to the Prophet. This is an authentic chain of transmission, but they found fault with the mention of “her father” in this text. Abū Dāwūd said: “The words ‘her father’ are not preserved.” Al-Dāraquṭnī said: “We do not know of anyone who agreed with Ibn ʿUyaynah on this wording. Perhaps he mentioned it from memory and misspoke.”

I say: The preserved wording is: “She is to be consulted concerning herself.” It has already preceded, through Mālik’s narration from Ibn al-Faḍl, under no. 1216.

1808 — “Previously married persons are to be flogged and stoned, while virgins are to be flogged and exiled.”

Abū Nuʿaym recorded it in Musnads Abī Yaḥyā Firās (91/1), and al-Daylamī (2/70), from al-Ḥākim, from Sharīk, from Firās, from al-Shaʿbī, from Masrūq, from Ubayy ibn Kaʿb, attributing it to the Prophet.

I say: This is a sound chain for corroborative evidence. Its narrators are trustworthy, were it not for Sharīk—namely, Ibn ʿAbd Allāh al-Qāḍī—who had poor retention. However, his hadith is supported by the report recorded by Muslim and others from ʿUbādah ibn al-Ṣāmit, attributed to the Prophet, with the wording: