who are not under the authority of a father. Al-Athram narrated from 'Adi al-Kindi, from the Messenger of God (peace be upon him), that he said: "The previously married woman (thayyib) declares for herself, and the virgin's consent is her silence" (11) (12). The reports on this are numerous. This is because shyness is a shackle on her tongue, preventing her from speaking the permission, while she does not feel shy regarding her refusal and opposition. Thus, when she remains silent, it is predominantly believed that it is due to her consent, and therefore it is deemed sufficient. What they mentioned [leads to] (13) the conclusion that her silence (14) would not be considered permission in the case of the father either, because they treated its presence as its absence, which would then constitute a rejection of the Prophet (peace be upon him) entirely, a disregard for the clear and explicit reports (15), and a violation of the consensus of the virtuous Ummah.

Section: If she speaks the permission, it is more expressive and complete as permission than her silence. If she cries or laughs, it is in the same status as her silence. Abu Yusuf and Muhammad said: If she cries, it is not permission; because it indicates dislike (16), and it is not silence, so it does not enter the generality of the Hadith. Our evidence is what Abu Bakr narrated with his chain of authority from Abu Hurayrah, who said: The Messenger of God (peace be upon him) said: "The orphan girl is to be consulted; if she cries or remains silent, that is her consent, but if she refuses, then there is no validity over her" (17). This is because she is not (18) speaking in refusal while hearing the request for permission, so it was permission from her, like silence or laughter (19). Crying indicates excessive shyness, not dislike. If she disliked it, she would have refused, for she would not be shy