He said: "The previously married woman (ayyim) shall not be married until she is consulted." This is agreed upon (8). He also said: "The ayyim is more entitled to herself than her guardian" (8). Ibn 'Abbas, may God be pleased with him, narrated from the Prophet (peace be upon him) that he said: "The guardian has no command regarding the thayyib." Both were recorded by al-Nasa'i and Abu Dawud (9). This is because she is mature, knowledgeable of the purpose of marriage, and experienced; therefore, it is not permissible to compel her into it, just like a man. As for the second category, the young thayyib, there are two views regarding her marriage. The first is that it is not permissible to marry her off, which is the apparent opinion of al-Khiraqi, and the choice (11) of Ibn Hamid, Ibn Batta, and al-Qadi, and it is the school of al-Shafi'i, due to the generality of the reports, and because compulsion differs based on virginity and non-virginity, not on youth and adulthood. This woman is a thayyib. Furthermore, there is a benefit in delaying it, which is that she may reach the age of maturity and choose for herself, and her permission would be considered, so delaying is required, unlike the virgin. The second view is that her father may marry her off without consulting her. This was chosen by Abu Bakr 'Abd al-'Aziz and is the opinion of Malik and Abu Hanifah, because she is young, so her compulsion is permissible like a virgin or a young boy. This is confirmed by the fact that she does not exceed the boy in status due to her non-virginity, just as the boy is compelled if (12) he is young, so is she. The reports are interpreted as referring to the adult woman, as it described her as being more entitled to herself (13) than her guardian, whereas the young girl has no right to herself. A third view is derived, which is that a nine-year-old girl is married off by her guardian with her permission, and those younger than that follow the disagreement we mentioned, based on what we stated regarding the virgin. And God knows best.

1122 - Issue: He said: (The permission of the thayyib is speech, and the permission of the virgin is silence.)

As for the thayyib, we do not know of any disagreement among the scholars that her permission is speech, due to the report, and because the tongue