The Prophet ﷺ said, "A previously married woman must not be given in marriage until her consent is sought, and a virgin must not be given in marriage until her permission is obtained."They asked, "Messenger of Allah, how is her permission given?"He replied, "By her remaining silent."
أن النبي ﷺ قال: لا تنكح الأيم حتى تستأمر، ولا تنكح البكر حتى تستأذن. قالوا: يا رسول الله وكيف إذنها؟ قال: أن تسكت.
Bukhari reported it in the Book of Marriage (5136), and Muslim in the Book of Marriage (1419), both through the route of Hisham, from Yahya bin Abu Kathir, who said, Abu Salama narrated to us, who said, Abu Hurairah narrated to us, and he mentioned it.Women are of two kinds, the previously married and the virgin. Mentioning the ayyim in contrast to the virgin is evidence that what is meant by ayyim is the previously married woman. The silence of the virgin when her consent is sought is evidence of her approval, because she may feel too shy to speak openly about marriage and show her desire for it. This is unlike the previously married woman, who may openly show and express her desire for marriage or lack thereof, since the shyness of virginity no longer applies to her, so she speaks and instructs her guardian to marry her off.