is the expression of what is in the heart, and it is what is considered in every place where permission is required, except for minor instances where silence is substituted for it due to an incidental cause. As for the virgin, her permission is her silence, according to the opinion of the generality (1) of the scholars, including Shurayh, al-Sha'bi, Ishaq (2), al-Nakha'i (3), al-Thawri, al-Awza'i, Ibn Shubruma, and Abu Hanifah. There is no difference between whether the guardian is the father or someone else. The companions of al-Shafi'i said: Regarding her silence in the case of someone other than the father, there are two views; one of them is that it does not constitute permission; [because silence is the absence of permission, so it cannot be permission] (4), and because it is susceptible to both pleasure (5) and shyness, among other things, so it cannot be permission, just as in the case of the thayyib. It is only deemed sufficient in the case of the father because her consent is not considered. This is an aberration from the scholars and a abandonment of the authentic and explicit Sunnah. Al-Shafi'i should be shielded from this being attributed to him or being made a position of his, given that he is among the people who most strictly follow the Sunnah of the Messenger of God (peace be upon him). No fair-minded person would lean toward this opinion. Our narration from the Messenger of God (peace be upon him) has already preceded, that he said: "The previously married woman (ayyim) shall not be married until she is consulted, and the virgin shall not be married until she is asked for permission." They said (6): "O Messenger of God, so what is her permission?" He said: "That she remains silent" (7). In a narration from 'A'ishah, she said: "O Messenger of God, the virgin is shy." He said: "Her consent is her silence" (8). This is agreed upon (9). In another narration: "The orphan girl is to be consulted, and her silence is her acknowledgement." Recorded by al-Nasa'i. In another narration: "The orphan girl is to be consulted regarding herself, and if she remains silent, that is her permission" (10). This is explicit regarding those