3270 - ‘Amr ibn ‘Ali informed us, saying: Yahya narrated to us, saying: Muhammad ibn ‘Amr narrated to us, saying: Abu Salamah narrated to us, on the authority of Abu Hurayrah, who said: The Messenger of Allah, peace and blessings be upon him, said: "An orphan girl is consulted concerning herself; if she remains silent, that is her permission, and if she refuses, then no compulsion may be exercised upon her."(1)

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= The men of the chain of transmission are trustworthy, except for ‘Ali ibn Ghirab, who is truthful [saduq]. It is in "Al-Sunan al-Kubra" under number (5369), and the author stated after it: This hadith is narrated with its chain broken [yursilunahu].

There has been disagreement concerning Kahmas ibn al-Hasan regarding its connection [wasl] and its breaking [irsal]:

It was narrated by ‘Ali ibn Ghirab as in this narration, and by Waki‘ ibn al-Jarrah as in the "Musnad" of Ahmad (25043), and by Ja‘far ibn Sulayman as in the "Sunan" of al-Daraqutni (3557) — all three of them on the authority of Kahmas ibn al-Hasan, with this chain of transmission. In Ahmad's version: "But I wanted the women to know that fathers have no authority in the matter."

It was also narrated by ‘Awn ibn Kahmas as in the "Sunan" of al-Daraqutni (3556), and by ‘Abdullah ibn Idris and Yazid ibn Harun as in his "‘Ilal" 9/89, and by ‘Abd al-Wahhab ibn ‘Ata' as in "Al-Sunan al-Kubra" of al-Bayhaqi 7/118 — all four of them on the authority of Kahmas, on the authority of ‘Abdullah ibn Buraydah, who said: A young girl came to ‘A'ishah... — with its chain broken [mursal]. Al-Daraqutni said in "Al-‘Ilal" 9/90: This is more likely correct. Likewise, al-Bayhaqi deemed its breaking [irsal] correct in "Ma‘rifat al-Sunan wa al-Athar" (13598).

There are other paths concerning its connection and breaking, to be examined in the commentary on the "Musnad" of Ahmad (25043), and reference should be made to the preceding hadith, and to the hadith of Ibn ‘Abbas in Ahmad (2469).

(1) A sound hadith [sahih], and this chain of transmission is good [hasan] because of Muhammad ibn ‘Amr — who is Ibn ‘Alqamah al-Laythi — for he is truthful with good hadith, and the rest of its men are trustworthy. Yahya: he is Ibn Sa‘id al-Qattan, and Abu Salamah: he is Ibn ‘Abd al-Rahman. It is in "Al-Sunan al-Kubra" under number (5360).

Ahmad also recorded it (10146) on the authority of Yahya ibn Sa‘id al-Qattan, with this chain of transmission.

It was also recorded by Ahmad (7527) and (8988) with a similar wording, and by Abu Dawud (2093), al-Tirmidhi (1109), and Ibn Hibban (4079) and (4086), through various paths on the authority of Muhammad ibn ‘Amr, with it. Al-Tirmidhi said: A good hadith [hasan].

Abu Dawud said (2094): Muhammad ibn al-‘Ala' narrated to us, Ibn Idris narrated to us, on the authority of Muhammad ibn ‘Amr, with this hadith and its chain of transmission, adding in it: "If she weeps or remains silent" — he added: "weeps." Abu Dawud said: It is not =