(24) باب فِي الاِسْتِئْمَارِ
Narrated Abu Hurairah:
The Prophet (ﷺ) said: An orphan virgin girl should be consulted about herself; if she says nothing that indicates her permission, but if she refuses, the authority of the guardian cannot be exercised against her will. The full information rest with the tradition narrated by Yazid.Abu Dawud said: This tradition has also been transmitted in a similar way by Abu Khalid Sulaiman b. Hayyan and Mu'adh b. Mu'adh on the authority of Muhammad b. 'Amr.
Reference: Sunan Abi Dawud 2093
In-book reference: Book 12, Hadith 48
English translation: Book 11, Hadith 2088