Hadith Text

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

Sahih al-Bukhari 5137

Context and Background

This hadith addresses the proper method of obtaining consent from a virgin bride, recognizing her natural modesty and shyness in marital matters.

The questioner was likely a guardian seeking guidance on how to ascertain a virgin's willingness for marriage when cultural norms prevent her from speaking openly.

Scholarly Commentary

Classical scholars explain that silence in this context indicates consent, not coercion. The Prophet (ﷺ) established this principle to protect women's rights while respecting their natural modesty.

Imam al-Nawawi states: "Silence here means the absence of objection when the marriage proposal is presented to her. This applies specifically to virgins due to their heightened shyness."

Ibn Hajar al-Asqalani clarifies: "This ruling applies when the guardian presents a suitable match. If the woman remains silent without showing displeasure, this constitutes legal consent for marriage."

Legal Rulings and Conditions

The majority of scholars hold that a virgin's silence constitutes valid consent only when: 1) The proposed husband is suitable (kuf'), 2) The guardian is her legal wali, 3) There are no apparent signs of displeasure or rejection.

If the woman explicitly refuses, her refusal must be honored regardless of her virgin status. Silence as consent is a concession, not a means to override clear objection.

Contemporary Application

Modern scholars emphasize that this ruling must be understood within its proper context and should not be used to force marriages.

The underlying principle remains the protection of women's consent and dignity. In contemporary practice, verbal consent is preferred when possible, while maintaining respect for cultural sensitivities regarding modesty.