Silence can sometimes indicate a legally relevant attitude in a recognized context, but not every silence signifies consent or assent. In bayān al-ḥāl, the opportunity to speak, knowledge of the event, the setting, and the conventional significance of remaining silent may all matter.
A person who did not even hear a statement cannot be treated as someone who knowingly remained silent while observing an act. Nor is ordinary conversational silence automatically equivalent to the technical issue of juristic tacit consensus.
Sound conclusion: Before treating silence as clarification or approval, establish the relevant legal context and the conditions giving silence that significance.