Jami' at-Tirmidhi — Hadith #27267

Qutaibah narrated to us, Abd al-Aziz bin Muhammad narrated to us, on the authority of Muhammad bin Amr, on the authority of Abu Salamah, on the authority of Abu Hurairah, the Messenger of God, may God bless him and grant him peace, said He said: “The orphan woman is to be appointed as a guardian concerning herself, and if she keeps silent then it is her permission, but if she refuses then it is not permissible for her.” He said, and in the chapter On the authority of Abu Musa, Ibn Umar and Aisha. Abu Issa said the hadith of Abu Hurairah is a hasan hadith. The people of knowledge differed regarding the marriage of an orphan girl. Some scholars believed that if an orphan is married, the marriage is suspended until she reaches puberty. If she reaches puberty, she has the option of taking leave. Marriage or its annulment. This is the opinion of some of the Tabi’een and others. Some of them said that it is not permissible to marry an orphan girl until she reaches puberty. The choice is permissible in marriage. This is the opinion of Sufyan al-Thawri, al-Shafi’i, and other scholars. Ahmad and Ishaq said, if When the orphan reached nine years of age, she was married and she accepted, so marriage is permissible, and she has no choice if she realizes it. They used the hadith of Aisha as evidence: The Prophet, may God bless him and grant him peace, had intercourse with her when she was nine years old. Aisha said, “If a slave girl reaches nine years of age, then she is a woman.”