I asked the Prophet, "O Allah's Apostle! Should the women be asked for their consent to their marriage?" He said, "Yes." I said, "A virgin, if asked, feels shy and keeps quiet." He said, "Her silence means her consent."

I said, "O Allah's Apostle! A virgin feels shy." He said, "Her consent is (expressed by) her silence."

Malik related to me from Abdullah ibn al-Fadl from Nafi ibn Jubayr ibn Mutim from Abdullah ibn Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "A woman who has been previously married is more entitled to her person than her guardian, and a virgin must be asked for her consent for herself, and her consent is her silence "

Allah's Apostle said, "It is essential to have the consent of a virgin (for the marriage). I said, "A virgin feels shy." The Prophet; said, "Her silence means her consent." Some people said, "If a man falls in love with an orphan slave girl or a virgin and she refuses (him) and then he makes a trick by bringing two false witnesses to testify that he has married her, and then she attains the age of puberty and agrees to marry him and the judge accepts the false witness and the husband knows that the witnesses were false ones, he may consummate his marriage."

The Prophet 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.

Jabir bin 'Abdullah (Allah be pleased with them) said that the Messenger of Allah (may peace be upon him) decreed pre-emption in every joint ownership and not divided-the one-it may be a dwelling or a garden. It is not lawful for him (for the partner) to sell that until his partner gives his consent. He (the partner) is entitled to buy it when he desires and he can abandon it if he so likes. And if he (the one partner) sells it without getting the consent of the (other partner), he has the greatest right to it.

Allah's Apostle 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 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."

I remember from the Messenger of Allah (saws) two periods of silence. Sa'id said: We asked Qatadah: What are those two periods of silence? He said: (one) when he began his prayer, and (one) when he finished the recitation. Then he added: When he finished reciting (the closing verse of the Fatihah): "Not of those with whom Thou art angry, nor of who go astray."

I remember two period of silence in prayer, one when the imam said the takbir; and one when he finished reciting the Fatihah and the surah when he was about to bow. But Imran ibn Husayn took it as something strange. So they wrote about it to Ubayy (ibn Ka'b) in Medina. He verified the statement of Samurah.

Abu Dawud said: Humaid also narrated in this tradition the words "and one period silence when he finished the recitation (of the Qur'an)"

Abu Dawud said: His word "And keep silence" is not guarded; it has been narrated by Sulaiman al-Taimi alone in his version.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab had said that Umar ibn al-Khattab said, "A woman is only married with the consent of her guardian, someone of her family with sound judgement or the Sultan.

I memorised (a tradition) from the Messenger of Allah (saws): There is no orphanhood after puberty, and there is no silence for the whole day till the night.

[Al-Bukhari].

Abu Dawud said: This tradition has also been narrated by Abu 'Amr Dhakwan on the authority of 'Aishah who said: A virgin is ashamed of speaking, Messenger of Allah. He said: Her silence is her acceptance.

Samurah ibn Jundub and Imran ibn Husayn had a discussion (about the periods of silence in prayer). Samurah then said that he remembered two periods of silence from the Messenger of Allah (saws); one when he uttered the takbir and the other when he finished reciting: "Not of those with whom Thou art angry, nor of those who go astray" (i.7).

Samurah remembered that, but Imran ibn Husayn rejected it.

Then they wrote about it to Ubayy ibn Ka'b. He wrote a letter to them and gave a reply to them that Samurah remembered correctly.

The Messenger of Allah (saws) said to us: Seek it (laylat al-Qadr) on the seventeenth night of Ramadan, and on the twenty first night, and on the twenty-third night. He then kept silence.

The Messenger of Allah (saws) said: The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. If there is cohabitation, she gets her dower for the intercourse her husband has had. If there is a dispute, the sultan (man in authority) is the guardian of one who has none.

The Prophet (saws) said: A guardian has no concern with a woman previously married and has no husband, and an orphan girl (i.e. virgin) must be consulted, her silence being her acceptance.

When Abu Zur'ah made a business transaction with a man, he gave him the right of option. He then would tell him: Give me the right of option (to annul the bargain). He said: I heard AbuHurayrah say: The Messenger of Allah (saws) said: Two people must separate only by mutual consent.

Abu Huraira reported that when the Messenger of Allah (may peace be upon him) stood up for the second rak'ah he opened it with the recitation of the praise of Allah, the Lord of universe (al-Fatiha), and he did not observe silence (before the recitation of al-Fatiha).

Yahya related to me from Malik that Yahya ibn Said said, ''Ubada ibn as-Samit used to lead the people in prayer. One day he came out for subh and the muadhdhin began to give the iqama for the subh prayer Ubada silenced him, prayed witr and then led them in subh."

Safwan reported from a number of Companions of the Messenger of Allah (saws) on the authority of their fathers who were relatives of each other. The Messenger of Allah (saws) said: Beware, if anyone wrongs a contracting man, or diminishes his right, or forces him to work beyond his capacity, or takes from him anything without his consent, I shall plead for him on the Day of Judgment.

The Prophet said, "A matron should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission." The people asked, "O Allah's Apostle! How can we know her permission?" He said, "Her silence (indicates her permission).

A man came to the Prophet (saws) and asked: Messenger of Allah! how often shall I forgive a servant? He gave no reply, so the man repeated what he had said, but he still kept silence. When he asked a third time, he replied: Forgive him seventy times daily.

The Prophet (saws) sent AbuJahm ibn Hudhayfah as a collector of zakat. A man quarrelled with him about his sadaqah (i.e. zakat), and AbuJahm struck him and wounded his head. His people came to the Prophet (saws) and said: Revenge, Messenger of Allah!

The Prophet (saws) said: You may have so much and so much. But they did not agree. He again said: You may have so much and so much. But they did not agree. He again said: You may have so much and so much. So they agreed.

The Prophet (saws) said: I am going to address the people in the afternoon and tell them about your consent.

They said: Yes. Addressing (the people), the Messenger of Allah (saws) said: These people of faith came to me asking for revenge. I presented them with so much and so much and they agreed. Do you agree?

They said: No. The immigrants (muhajirun) intended (to take revenge) on them. But the Messenger of Allah (saws) commanded them to refrain and they refrained.

He then called them and increased (the amount), and asked: Do you agree? They replied: Yes. He said: I am going to address the people and tell them about your consent. They said: Yes. The Prophet (saws) addressed and said: Do you agree? They said: Yes.

Marwan bin Al-Hakam and Al-Miswar bin Makhrama told him that when the Muslims were permitted to set free the captives of Hawazin, Allah's Apostle said, "I do not know who amongst you has agreed (to it) and who has not. Go back so that your 'Urafa' may submit your decision to us." So the people returned and their 'Urafa' talked to them and then came back to Allah's Apostle and told him that the people had given their consent happily and permitted (their captives to be freed).

The same ,Hadith above: A man called Khidam married a daughter of his (to somebody) against her consent. 'If you fear that you shall not be able to deal justly with the orphan girls then marry (other) women of your choice.' (4.3) And if somebody says to the guardian (of a woman), "Marry me to soand- so," and the guardian remained silent or said to him, "What have you got?" And the other said, "I have so much and so much (Mahr)," or kept quiet, and then the guardian said, "I have married her to you," then the marriage is valid (legal). This narration was told by Sahl on the authority of the Prophet.

Marthad ibn AbuMarthad al-Ghanawi used to take prisoners (of war) from Mecca (to Medina). At Mecca there was a prostitute called Inaq who had illicit relations with him. (Marthad said:) I came to the Prophet (saws) and said to him: May I marry Inaq, Messenger of Allah? The narrator said: He kept silence towards me. Then the verse was revealed:"....and the adulteress none shall marry save and adulterer or an idolater." He called me and recited this (verse) to me, and said: Do not marry her.

The Prophet (saws) as saying: I swear by Allah, I shall fight against the Quraish. The then said: If Allah wills. He again said: I swear by Allah, I shall fight against the Quraish if Allah wills. He again said: I swear by Allah, I shall fight against the Quraish. He then kept silence. Then he said: If Allah wills.

Abu Dawud said: Al-Walid b. Muslim said on the authority of Sharik: He then said: But he did not fight against them.

This verse was revealed about us, the Banu Salimah: "Nor call each other by (offensive) nicknames: ill-seeming is a name connoting wickedness (to be used of one) after he has believed." He said: When the apostle of Allah (saws) came to us, every one of us had two or three names. The Messenger of Allah (saws) began to say: O so and so! But they would say: Keep silence, Messenger of Allah! He becomes angry by this name. So this verse was revealed: "Nor call each other by (offensive) nicknames."

When the delegates of the tribe of Hawazin came to the Prophet they requested him to return their property and their captives. He said to them, "This concerns also other people along with me as you see, and the best statement to me is the true one, so you may choose one of two alternatives; either the captives or the property and (I have not distributed the booty for) I have been waiting for you." When the Prophet had returned from Ta'if, he waited for them for more than ten nights. When they came to know that the Prophet would not return except one of the two, they chose their captives. The Prophet then stood up amongst the Muslims, Glorified and Praised Allah as He deserved, and then said, "Then after: These brothers of yours have come to you with repentance and I see it proper to return their captives, so whoever amongst you likes to do that as a favor, then he can do it, and whoever of you wants to stick to his share till we pay him from the very first Fai (i.e. war booty) which Allah will give us, then he can do so." The people said, "We return (the captives) to them willingly as a favor, O Allah's Apostle!" The Prophet said, "I do not know who of you has given his consent and who has not; so go back and your leaders may present your decision to me." The people went away, and their leaders discussed the matter with them, and then came to the Prophet to tell him that all of them had given their consent (to return the captives) willingly. (Az-Zuhn, the sub-narrator said, "This is what we know about the captives, of Hawazin.")

Abu Dawud said: I heard Ahmad b. Hanbal say: He was asked : How retaliation of a tooth is taken ? He said: It is broken with a file.