Is the Shaykh's acknowledgement and silence regarding the speaker's words, without denouncing them, considered an answer, or could the Shaykh's silence be due to his lack of knowledge, and should one refer to the prevalent assumption and circumstantial evidence in such a matter?
The silence of the Sheikh is not always considered an affirmation. It may be due to several reasons, such as lack of knowledge, deliberation in answering, or disliking the question. The jurisprudential rule is: "No statement is attributed to one who is silent."
However, silence is considered an affirmation if it occurs in a context that necessitates clarification, such as the silence of a scholar regarding an issue that requires elucidation, or the silence of a virgin when her guardian seeks her permission for marriage, or the silence of the owner when the gifted item is taken possession of. This is known by the rule: "Silence in a situation of need is a clarification."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/8082