Ibn ‘Abbas reported the Prophet as saying, “A woman without a husband has more right to her person than her guardian, and a virgin’s permission must be asked about herself, her permission being her silence.” In a version he said, “A woman who has been previously married* has more right to her person than her guardian, and a virgin must be consulted, her permission consisting in her saying nothing.” In another version he said, “A woman who has been previously married has more right to her person than her guardian” and a virgin’s father must ask her permission about herself, her permission being her silence.”
* Thayyib. This means a woman previously married who has no husband. In view of the context it is argued that ayyim is used above in this sense.
Abu Huraira reported God’s Messenger as saying, “A woman without a husband* must not be married till she is consulted, and a virgin must not be married till her permission is asked.” When asked how her permission was indicated he replied that it was by her saying nothing.
* Ayyim. This means a woman who has no husband. It may mean a woman who has not been married, whether a virgin or not, or a woman previously married who has no husband. See n. 2.
Khansa’ daughter of Khidham told that when her father married her when she had previously been married and she disapproved of that, she went to God's Messenger and he revoked her marriage.
A version by Ibn Majah has “the marriage her father.”
