«وأما بيان الحال»
“Concerning clarification by circumstance.”
Where an act occurs before a legally relevant person who has knowledge and an opportunity to object or consent, that person's silence can sometimes convey permission, acceptance or approval. The relevant evidence is not the wording of a declaration but the circumstances, legal role and silence.
Silence is not universally consent. The person may not know of the act, may be unable to respond, or may have no reason to respond at that time.
Three checks are therefore essential: (1) knowledge of the matter; (2) an appropriate occasion for an answer; and (3) a legal role in which objection or permission would have a recognized effect.