by not refusing, and the Hadith indicates by its explicit wording (20) that this (21) silence is permission, and by its meaning that whatever is in the same category, such as laughter and crying, is equivalent to it; thus, we have placed laughter in its stead.

Section: The previously married woman (thayyib) whose speech is considered is the one who has been had sexual intercourse with in the vagina, whether that intercourse was lawful or unlawful. This is the school of al-Shafi'i. Malik and Abu Hanifah said regarding the one who has engaged in fornication: her ruling is the same as that of the virgin regarding her permission and marriage; because the reason for being satisfied with the silence of the virgin is shyness, and shyness regarding a matter does not vanish except by experiencing it, and this one has not experienced the permission (22) for marriage, so her shyness regarding it remains in its state. Our evidence is his saying (peace be upon him): "The previously married woman declares for herself" (24). And because his saying (peace be upon him): "The previously married woman is not to be married until she is consulted, and the virgin is not to be married until she is asked for permission, and her permission is that she remains silent" (25) indicates that the speech of the previously married woman is necessary; because he divided women into two categories and made silence permission for one of them, so it follows that the other must be different (26). This is a previously married woman, for the previously married woman is (27) the one who has had sexual intercourse in the vagina, and she is as such. Furthermore, if one were to make a bequest to the previously married women, she would be included in the bequest, whereas if one were to make a bequest to virgins, she would not be included. If he stipulated in marriage or purchase that she be a virgin and found her to have been involved in adultery, he has the right to annulment. Because she has been had sexual intercourse with in the vagina, she resembles the one who was had sexual intercourse with through a misunderstanding (shubha). The rationalization based on shyness is incorrect, for it is a hidden matter that cannot be considered in itself; rather, it is considered by its typical cause, which is virginity. Moreover, this rationalization leads to the invalidation of the explicit text of the Hadith, so it is invalid in itself. There is no difference between one who was coerced and one who consented. Based on this, her father does not have the authority to compel her if she is